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cp test > Legal Terms > Flashcards

Legal Terms Flashcards

0
Q

abrogation

A

annulment of a former law by act of a legislative body, by constitutional authority, or by usage

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1
Q

abatement

A

reduction, termination

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2
Q

acceptance

A

in contract law, consent to abide by the terms of an offer;

taking or receiving a thing in good faith with the intention of retaining it

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3
Q

accession

A

that which increases the size or value of property

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4
Q

accommodation

A

arrangement made as a favor to another rather than for consideration received

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5
Q

acknowledgement

A

an admission, affirmation, or declaration

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6
Q

acquittal

A

release or discharge of an obligation or liability;

in criminal law, a finding of not guilty

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7
Q

ademption

A

satisfaction of a legacy by gift prior to testator’s death

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8
Q

adhesion contract

A

standardized contract form in which a party with little or no bargaining power is forced to accept its terms

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9
Q

adjudication

A

judgment or decision of a court

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10
Q

administrative law

A

body of rules and regulations having the force of law and promulgated by an administrative body created by Congress or a state legislature

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11
Q

adverse possession

A

acquiring title to real estate by hostile possession rather than by purchase

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12
Q

affiant

A

one who makes or swears to the truth of an affidavit

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13
Q

affidavit

A

sworn statement in writing taken before a notary public or other authorized officer

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14
Q

affirmative defense

A

allegation of a responsive pleading which, if it can be proved, negates the allegations of the complaint

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15
Q

agent

A

person authorized by another to act for him, one entrusted with another’s business

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16
Q

agreement

A

meeting of the minds, preliminary to contract formation

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17
Q

allegation

A

assertion made but not proved

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18
Q

amortization

A

gradual extinction of a monetary obligation by periodic payments that usually includes interest

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19
Q

amnesty

A

sovereign forgetfulness of past acts, usually available for a limited time

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20
Q

ancillary

A

auxiliary, supplemental, subordinate

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21
Q

annotation

A

remark, note, or commentary intended to illustrate or explain

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22
Q

annul

A

cancel, make void, destroy

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23
Q

answer

A

written pleading by which a defendant responds to the plaintiff’s complaint

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24
Q

antitrust laws

A

federal and state laws to prevent restraint of trade, price-fixing, price discrimination, monopolies, or other conduct detrimental to free commerce

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25
Q

appeal

A

review by a higher court

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26
Q

appellant

A

party who files an appeal

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27
Q

appellee

A

party who defends an appeal

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28
Q

appraisal

A

valuation or estimate of property value, made by qualified expert

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29
Q

arbitration

A

investigation and determination of dispute by neutral decision-maker;
decision is binding on parties

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30
Q

arraignment

A

in criminal law, hearing at which accused pleads guilty or not guilty

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31
Q

assault

A

in tort, threat of imminent bodily harm accompanied by apparent ability to carry out the threat;
in criminal law, often defined as the tort equivalent of battery

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32
Q

asset

A

real or personal property owned by an individual, estate, business corporation, or other entity

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33
Q

assignment

A

transfer of any right, title, or interest to another

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34
Q

attestation

A

act of witnessing the signing (execution) of a document

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35
Q

assumption of risk

A

doctrine under which a person cannot obtain recovery for injuries received from a dangerous activity to which she voluntarily exposed herself

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36
Q

attachment

A

pre-judgment seizure of property based upon court order

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37
Q

attest

A

certify or affirm to be true or genuine

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38
Q

attorney-in-fact

A

one appointed by another to act in specific matters described in a power of attorney or in a letter of attorney

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39
Q

aver

A

assert, allege, claim

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40
Q

bailment

A

delivery of personal property to another to be held for a particular person and then returned

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41
Q

beneficiary

A

one who benefits from the act of another

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42
Q

bequest

A

gift of personal property by will

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43
Q

breach

A

failure (without legal justification) to perform when performance is due

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44
Q

brief

A

written argument of counsel concerning one or more legal issues in a case, sometimes called a memorandum of law

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45
Q

capacity

A

having legal authority or mental ability;

being of sound mind

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46
Q

caption

A

that part of a pleading which states the name of the court, the name of the parties, the case number assigned, and the name of the pleading

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47
Q

cause of action

A

fact(s) giving rise to a legal remedy

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48
Q

chattel

A

personal property

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49
Q

choate

A

perfected;

complete

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50
Q

chose in action

A

a personal right not yet reduced to judgment

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51
Q

civil code

A

collection of laws or statutes relating to private rights or remedies

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52
Q

civil law

A

laws which relate to private rights and remedies, distinguished from criminal law

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53
Q

CLA

A

abbreviation for Certified Legal Assistant, a professional designation earned through and awarded by the National Association of Legal Assistants to those legal assistants who successfully complete an extensive written examination of their general skills and their specific knowledge of substantive legal rules and procedure (use either CLA or CP as prescribed by NALA)

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54
Q

Code Civil

A

law of the State of Louisiana consisting of a collection of statutes and based upon the Napoleonic Code, distinguished from common law

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55
Q

code

A

collection of laws or statutes

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56
Q

codicil

A

an addition or change to an original will

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57
Q

common law

A

law based upon custom, usage, and judicial decision, distinguished from statutory law

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58
Q

community property

A

property owned in common by husband and wife, each owning an undivided one-half interest as a result of their marital status

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59
Q

commutation

A

substitution of a lesser punishment for a greater one

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60
Q

condemnation

A

the process of taking private property for public use under a government’s right of eminent domain

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61
Q

consideration

A

the lawful price, motive, cause, impelling influence, or inducement for a contract

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62
Q

contract

A

agreement between competent parties, supported by consideration, to do it to refrain from doing some lawful act

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63
Q

conversion

A

wrongful taking of personal property with intent to deprive its owner of it permanently

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64
Q

copyright

A

a right to reap the financial benefits of literary property as this term is defined under federal copyright laws

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65
Q

covenant

A

agreement or promise, often restricting the use of real estate

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66
Q

CP

A

abbreviation for Certified Paralegal, a professional designation earned through and awarded by the National Association of Legal Assistants to those legal assistants who successfully complete an extensive written examination of their general skills and their specific knowledge of substantive legal rules and procedure (use either CLA or CP as prescribed by NALA)

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67
Q

creditor

A

one to whom a debt or obligation is owed

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68
Q

criminal law

A

Laws which control standards of conduct and which prescribe the punishment for disobedience

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69
Q

debenture

A

Bond given as evidence of corporate debt

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70
Q

decree

A

the final order of an equity court

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71
Q

defamation

A

that which holds one up to contempt or ridicule;

that which injures one’s reputation

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72
Q

deponent

A

one who gives a deposition

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73
Q

deposition

A

sworn testimony given by question and answer in a non-courtroom setting, which is recorded and transcribed by a court reporter

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74
Q

devise

A

gift of real property by will

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75
Q

discharge

A

to release, liberate, annul, disencumber, dismiss

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76
Q

duress

A

unlawful constraint exercises upon a person, forcing her to do an act which she would not have done otherwise

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77
Q

enjoin

A

to prevent or forbid by injunction

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78
Q

equity

A

justice administered by principles of fairness, distinguished from strict rules of law

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79
Q

escheat

A

reversion of property to the state when there are no heirs to inherit the property at a person’s death

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80
Q

estop

A

to stop, bar, prevent

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81
Q

estoppel

A

doctrine under which a person’s acts or failure to act prevents her from seeking legal relief, although she would have been entitled to relief otherwise

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82
Q

eviction

A

to recover real estate (from a tenant) by legal process;

to force out or remove from real property

83
Q

evidentiary

A

constituting evidence or proof, having the quality of evidence

84
Q

exemptions

A

immunity from a general burden, tax, or charge;
in bankruptcy or in judgment executions, that portion of the debtor’s property that cannot be liquidated and applied to her debts

85
Q

felony

A

a crime for which the maximum possible punishment is death or imprisonment for one year or more in a penitentiary

86
Q

fraud

A

any artifice used by one person to deceive another

87
Q

general denial

A

a pleading in the form of an answer, which denies allegations made by the opposing party but which contains no affirmative defenses

88
Q

grantee

A

one to whom real estate is conveyed;

the buyer of real estate

89
Q

grantor

A

one who conveys real estate;

the seller of real estate

90
Q

guarantor

A

one who agrees to undertake the (financial) obligation of another

91
Q

guaranty

A

agreement to undertake the (financial) obligation of another

92
Q

guardian

A

one charged with responsibility to manage the personal matters of another who is incompetent because of age, understanding, or lack of self-control

93
Q

guardian ad litem

A

person appointed by a court to look after the interests of a child or incompetent during the pendency of a litigation

94
Q

inchoate

A

unfinished, incomplete

95
Q

indemnify

A

to secure against loss or damage

96
Q

indictment

A

written accusation issued by a grand jury against a defendant in criminal law

97
Q

indorsement

A

act of a payee, drawee, accommodation indorser, or holder of a bill, note, check, or other negotiable instrument, in writing his or her name upon the back of the instrument to assign or transfer the negotiable instrument to another

98
Q

infant

A

one who has not reached the age of majority;

a minor

99
Q

information

A

written accusation issued by a prosecutor against a defendant in criminal law

100
Q

injunction

A

an order issued by a court of equity, requiring a person to do or not to do a specific act

101
Q

insolvent

A

condition of a person or entity that exists when total liabilities exceed total assets

102
Q

interlocutory

A

provisional, interim, not final

103
Q

interrogatories

A

series of formal, written questions addressed to a party for discovery purposes

104
Q

intestate

A

without a will, one who died without a will

105
Q

judgment

A

final order of a court of law, based upon a jury verdict or upon findings of fact by the court

106
Q

jurat

A

Claude of a notary public or authorized officer attesting that a statement or document was sworn to by a specific person on a specific date

107
Q

jurisdiction

A

power conferred on a court to hear a particular case and to render a final decision on the merits

108
Q

jurisprudence

A

science of law;

system of law

109
Q

laches

A

a doctrine by which equitable relief is denied to one who has waited too long to seek relief

110
Q

legal assistant

A

a a distinguishable group of persons who assist attorneys in delivering legal services (within his occupational category, some individuals are known as paralegals);
through formal education, training, and experience, legal assistants have knowledge and expertise regarding the legal system and substantive and procedural law that qualify them to do work of a legal nature under the supervision of an attorney

111
Q

lessee

A

one who possesses or uses the property of another;

tenant

112
Q

lessor

A

a title holder of property who contracts for its possession or use by another;
landlord

113
Q

liable

A

legally responsible

114
Q

libel

A

written defamation

115
Q

lien

A

a charge, security, or encumbrance on property

116
Q

liquidated

A

property or claim that has been converted to its cash equivalent

117
Q

litigation

A

contest in a court of law for the purpose of enforcing a right or seeking a remedy

118
Q

magistrate

A

court officer with limited judicial authority;

a public officer

119
Q

malfeasance

A

evil doing;

performance of an act with bad intent

120
Q

malpractice

A

professional negligence or misconduct

121
Q

mediation

A

arrangement to attempt settlement of a dispute by using a neutral party as the referee;
unlike an arbitrator, a mediator does not issue a binding decision

122
Q

memorandum of law

A

brief of law submitted to a court by the attorney for a party

123
Q

memorandum opinion

A

very short opinion of a court

124
Q

merger

A

absorption of one thing or right into another

125
Q

metes and bounds

A

a method of describing real estate, using boundary lines with terminal points and angles

126
Q

minor

A

person who is not an adult;

child

127
Q

misdemeanor

A

a criminal offense for which the maximum possible punishment is a fine or incarceration for a period less than one year

128
Q

misfeasance

A

improper performance of an otherwise lawful act

129
Q

mitigation

A

duty of parties to minimize damages after an injury is sustained or a breach occurs

130
Q

mortgage

A

conditional conveyance of an interest in real estate, usually as security for a debt

131
Q

mortgagee

A

one who receives a mortgage, usually a lender

132
Q

mortgagor

A

an owner of real estate who gives a mortgage

133
Q

motion

A

application (not a pleading) or request made to a court to obtain an interim ruling or order

134
Q

motion in limine

A

application requesting a court to rule in advance that specific, unfairly prejudicial information will not be mentioned during trial

135
Q

negligence

A

failure to use the care which a reasonable and prudent person would use in similar circumstances

136
Q

notary public

A

public officer who administers oaths, attests and certifies documents, and takes acknowledgements

137
Q

novation

A

substitution of a new contract, debt, or obligation for an existing one between the same or different parties

138
Q

nuncupative

A

oral;

not written

139
Q

oath

A

solemn pledge attesting to the truth of a statement

140
Q

offer

A

a promise;

a commitment to do or to refrain from doing some specific act

141
Q

offeree

A

one to whom an offer is made

142
Q

offeror

A

one who makes an offer

143
Q

option

A

a right supported by consideration to purchase property at an agreed price within a specified time

144
Q

order

A

mandate, command, or direction authoritatively given;

mandate of a court

145
Q

ordinance

A

legislative enactment (law enacted) by a local government such as a county or a city

146
Q

parol evidence

A

oral proof of contract terms which are not contained within the written contract document

147
Q

parole

A

release from imprisonment upon specific conditions related to conduct or good behavior

148
Q

patent

A

inventor’s right to exclude others from making, using, or selling the invention for seventeen years

149
Q

paternity

A

relationship of a father to a child

150
Q

payee

A

one to whom payment is made

151
Q

payor

A

one who makes payment

152
Q

pecuniary

A

monetary;

relating to money

153
Q

perjury

A

false testimony given under oath

154
Q

pleading

A

in federal court, complaint, answer to complaint, and reply to cross-claim (no other pleadings are allowed)

155
Q

power of attorney

A

an instrument authorizing one to act as agent or attorney-in-fact for another as to those matters listed in the instrument

156
Q

precedent

A

holding of a case which guides the decisions in future cases involving similar facts and similar legal issues

157
Q

privileged cause

A

statements made by persons within specific, protected relationships for evidentiary purposes (husband-wife, attorney-client, priest-parishioner, and so forth)

158
Q

probable cause

A

justification to believe that a crime was committed and that the accused is the person who committed it

159
Q

probation

A

a sentence which releases a convicted person into the community under the supervision of a probation officer

160
Q

promissory estoppel

A

a doctrine which prevents a party to a contract from denying that consideration was given for the contract

161
Q

promissory note

A

a written promise to pay a specific sum of money at a future time

162
Q

proximate cause

A 
the last (negligent) act which leads to injury;
legal cause
163
Q

proxy

A

an instrument authorizing one to cast the votes of another at a corporate meeting

164
Q

punitive damages

A

damages awarded over and above the amount of losses, which are awarded as punishment of the wrongdoer

165
Q

quash

A

suppress, stop, cease, abate

166
Q

quiet title action

A

action to determine clear title to real estate

167
Q

quitclaim deed

A

deed without warranty, which passes only that title which the grantor has

168
Q

recidivist

A

repeat offender

169
Q

release

A

discharge of one party’s obligation to another

170
Q

replevin

A

action to recover possession of personal property

171
Q

rescission

A

an equitable remedy which invalidates a contract on the basis of mutual mistake, fraud, impossibility, and so forth

172
Q

restitution

A

restoration of a thing to its rightful owner;

a measure of damages according to the defendant’s gains rather than the plaintiff’s losses

173
Q

service of process

A

delivery of a writ, summons, subpoena to the person named therein

174
Q

settlor

A

one who creates a trust, trustor

175
Q

slander

A

spoken defamation

176
Q

specific performance

A

equitable remedy in contract law which requires the breaching party to perform according to the specific terms of the contract

177
Q

statute

A

legislative enactment (law enacted) by Congress or a state legislature

178
Q

statute of limitations

A

statute which limits the time within which a cause of action may be filed

179
Q

stipulation

A

agreement between parties to a lawsuit concerning matters related to the trial

180
Q

subpoena

A

a writ commanding the named person to appear at a specific time and place

181
Q

subpoena duces tecum

A

a writ commanding the named person to appear at a specific time and place and to bring specific records or documents with her

182
Q

summons

A

document served upon a defendant to notify her that suit has been filed against her and directing her to answer or to otherwise appear in the case by a specific date

183
Q

survey

A

process by which a tract of land is measured and its contents determined, with a map to scale created for it

184
Q

temporary restraining order

A

an emergency injunctive remedy (order) of short duration to require or to forbid an act until a hearing can be held

185
Q

testator, testatrix

A

man who creates and executes a will;

woman who creates and executes a will

186
Q

testimonium clause

A

the clause of an instrument which begins “In witness whereof,…”

187
Q

tickler system

A

reminder system used in law offices to supplement diaries and calendars in the overall docket control system

188
Q

tort

A

a civil wrong such as negligence or trespass, as distinguished from a criminal offense (the same conduct may result in both tort liability and criminal liability)

189
Q

trust account

A

account where client funds are kept separate from attorney funds

190
Q

unconscionable

A

grossly unfair, unscrupulous, terms or conduct which shocks the conscience

191
Q

unsury

A

the excess over the lawful interest rate

192
Q

vendee

A

the purchaser or buyer of property

193
Q

vendor

A

the seller of property

194
Q

venue

A

the location where an action is tried

195
Q

verdict

A

finding(s) of fact by a jury in a civil or criminal trial

196
Q

verification

A

confirmation of accuracy;

sworn oath by an authorized person that certain statements are true to the best of his or her knowledge and belief

197
Q

void

A

having no legal force or effect

198
Q

voidable

A

that which is capable of being declared vi but which is valid until such declaration is made

199
Q

warranty

A

a promise to defend the truth of a fact

200
Q

warranty deed

A

a deed conveying land which guarantees that the title is free of defects to marketability

201
Q

with prejudice

A 
a declaration (usually in connection with an order of dismissal) which ends the right to further relief;
it prevents either party from filing future complaints based on the same claim or cause of action
202
Q

without prejudice

A

a declaration (usually in connection with an order of dismissal) which preserves any rights or privileges that a party may have to file a future complaint based on the same claim or cause of action

203
Q

witness

A

one who has personal knowledge about facts related to a case;
one who can testify about what she has seen, heard, or otherwise observed

204
Q

writ of execution

A

order of a court after judgment commanding a court officer to seize property in satisfaction of the judgment

cp test (4 decks)

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