Legal Terms Flashcards
0
Q
abrogation
A
annulment of a former law by act of a legislative body, by constitutional authority, or by usage
1
Q
abatement
A
reduction, termination
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
3
Q
accession
A
that which increases the size or value of property
4
Q
accommodation
A
arrangement made as a favor to another rather than for consideration received
5
Q
acknowledgement
A
an admission, affirmation, or declaration
6
Q
acquittal
A
release or discharge of an obligation or liability;
in criminal law, a finding of not guilty
7
Q
ademption
A
satisfaction of a legacy by gift prior to testator’s death
8
Q
adhesion contract
A
standardized contract form in which a party with little or no bargaining power is forced to accept its terms
9
Q
adjudication
A
judgment or decision of a court
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
11
Q
adverse possession
A
acquiring title to real estate by hostile possession rather than by purchase
12
Q
affiant
A
one who makes or swears to the truth of an affidavit
13
Q
affidavit
A
sworn statement in writing taken before a notary public or other authorized officer
14
Q
affirmative defense
A
allegation of a responsive pleading which, if it can be proved, negates the allegations of the complaint
15
Q
agent
A
person authorized by another to act for him, one entrusted with another’s business
16
Q
agreement
A
meeting of the minds, preliminary to contract formation
17
Q
allegation
A
assertion made but not proved
18
Q
amortization
A
gradual extinction of a monetary obligation by periodic payments that usually includes interest
19
Q
amnesty
A
sovereign forgetfulness of past acts, usually available for a limited time
20
Q
ancillary
A
auxiliary, supplemental, subordinate
21
Q
annotation
A
remark, note, or commentary intended to illustrate or explain
22
Q
annul
A
cancel, make void, destroy
23
Q
answer
A
written pleading by which a defendant responds to the plaintiff’s complaint
24
antitrust laws
federal and state laws to prevent restraint of trade, price-fixing, price discrimination, monopolies, or other conduct detrimental to free commerce
25
appeal
review by a higher court
26
appellant
party who files an appeal
27
appellee
party who defends an appeal
28
appraisal
valuation or estimate of property value, made by qualified expert
29
arbitration
investigation and determination of dispute by neutral decision-maker;
decision is binding on parties
30
arraignment
in criminal law, hearing at which accused pleads guilty or not guilty
31
assault
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
32
asset
real or personal property owned by an individual, estate, business corporation, or other entity
33
assignment
transfer of any right, title, or interest to another
34
attestation
act of witnessing the signing (execution) of a document
35
assumption of risk
doctrine under which a person cannot obtain recovery for injuries received from a dangerous activity to which she voluntarily exposed herself
36
attachment
pre-judgment seizure of property based upon court order
37
attest
certify or affirm to be true or genuine
38
attorney-in-fact
one appointed by another to act in specific matters described in a power of attorney or in a letter of attorney
39
aver
assert, allege, claim
40
bailment
delivery of personal property to another to be held for a particular person and then returned
41
beneficiary
one who benefits from the act of another
42
bequest
gift of personal property by will
43
breach
failure (without legal justification) to perform when performance is due
44
brief
written argument of counsel concerning one or more legal issues in a case, sometimes called a memorandum of law
45
capacity
having legal authority or mental ability;
| being of sound mind
46
caption
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
47
cause of action
fact(s) giving rise to a legal remedy
48
chattel
personal property
49
choate
perfected;
| complete
50
chose in action
a personal right not yet reduced to judgment
51
civil code
collection of laws or statutes relating to private rights or remedies
52
civil law
laws which relate to private rights and remedies, distinguished from criminal law
53
CLA
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)
54
Code Civil
law of the State of Louisiana consisting of a collection of statutes and based upon the Napoleonic Code, distinguished from common law
55
code
collection of laws or statutes
56
codicil
an addition or change to an original will
57
common law
law based upon custom, usage, and judicial decision, distinguished from statutory law
58
community property
property owned in common by husband and wife, each owning an undivided one-half interest as a result of their marital status
59
commutation
substitution of a lesser punishment for a greater one
60
condemnation
the process of taking private property for public use under a government's right of eminent domain
61
consideration
the lawful price, motive, cause, impelling influence, or inducement for a contract
62
contract
agreement between competent parties, supported by consideration, to do it to refrain from doing some lawful act
63
conversion
wrongful taking of personal property with intent to deprive its owner of it permanently
64
copyright
a right to reap the financial benefits of literary property as this term is defined under federal copyright laws
65
covenant
agreement or promise, often restricting the use of real estate
66
CP
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)
67
creditor
one to whom a debt or obligation is owed
68
criminal law
Laws which control standards of conduct and which prescribe the punishment for disobedience
69
debenture
Bond given as evidence of corporate debt
70
decree
the final order of an equity court
71
defamation
that which holds one up to contempt or ridicule;
| that which injures one's reputation
72
deponent
one who gives a deposition
73
deposition
sworn testimony given by question and answer in a non-courtroom setting, which is recorded and transcribed by a court reporter
74
devise
gift of real property by will
75
discharge
to release, liberate, annul, disencumber, dismiss
76
duress
unlawful constraint exercises upon a person, forcing her to do an act which she would not have done otherwise
77
enjoin
to prevent or forbid by injunction
78
equity
justice administered by principles of fairness, distinguished from strict rules of law
79
escheat
reversion of property to the state when there are no heirs to inherit the property at a person's death
80
estop
to stop, bar, prevent
81
estoppel
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
82
eviction
to recover real estate (from a tenant) by legal process;
| to force out or remove from real property
83
evidentiary
constituting evidence or proof, having the quality of evidence
84
exemptions
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
felony
a crime for which the maximum possible punishment is death or imprisonment for one year or more in a penitentiary
86
fraud
any artifice used by one person to deceive another
87
general denial
a pleading in the form of an answer, which denies allegations made by the opposing party but which contains no affirmative defenses
88
grantee
one to whom real estate is conveyed;
| the buyer of real estate
89
grantor
one who conveys real estate;
| the seller of real estate
90
guarantor
one who agrees to undertake the (financial) obligation of another
91
guaranty
agreement to undertake the (financial) obligation of another
92
guardian
one charged with responsibility to manage the personal matters of another who is incompetent because of age, understanding, or lack of self-control
93
guardian ad litem
person appointed by a court to look after the interests of a child or incompetent during the pendency of a litigation
94
inchoate
unfinished, incomplete
95
indemnify
to secure against loss or damage
96
indictment
written accusation issued by a grand jury against a defendant in criminal law
97
indorsement
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
infant
one who has not reached the age of majority;
| a minor
99
information
written accusation issued by a prosecutor against a defendant in criminal law
100
injunction
an order issued by a court of equity, requiring a person to do or not to do a specific act
101
insolvent
condition of a person or entity that exists when total liabilities exceed total assets
102
interlocutory
provisional, interim, not final
103
interrogatories
series of formal, written questions addressed to a party for discovery purposes
104
intestate
without a will, one who died without a will
105
judgment
final order of a court of law, based upon a jury verdict or upon findings of fact by the court
106
jurat
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
jurisdiction
power conferred on a court to hear a particular case and to render a final decision on the merits
108
jurisprudence
science of law;
| system of law
109
laches
a doctrine by which equitable relief is denied to one who has waited too long to seek relief
110
legal assistant
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
lessee
one who possesses or uses the property of another;
| tenant
112
lessor
a title holder of property who contracts for its possession or use by another;
landlord
113
liable
legally responsible
114
libel
written defamation
115
lien
a charge, security, or encumbrance on property
116
liquidated
property or claim that has been converted to its cash equivalent
117
litigation
contest in a court of law for the purpose of enforcing a right or seeking a remedy
118
magistrate
court officer with limited judicial authority;
| a public officer
119
malfeasance
evil doing;
| performance of an act with bad intent
120
malpractice
professional negligence or misconduct
121
mediation
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
memorandum of law
brief of law submitted to a court by the attorney for a party
123
memorandum opinion
very short opinion of a court
124
merger
absorption of one thing or right into another
125
metes and bounds
a method of describing real estate, using boundary lines with terminal points and angles
126
minor
person who is not an adult;
| child
127
misdemeanor
a criminal offense for which the maximum possible punishment is a fine or incarceration for a period less than one year
128
misfeasance
improper performance of an otherwise lawful act
129
mitigation
duty of parties to minimize damages after an injury is sustained or a breach occurs
130
mortgage
conditional conveyance of an interest in real estate, usually as security for a debt
131
mortgagee
one who receives a mortgage, usually a lender
132
mortgagor
an owner of real estate who gives a mortgage
133
motion
application (not a pleading) or request made to a court to obtain an interim ruling or order
134
motion in limine
application requesting a court to rule in advance that specific, unfairly prejudicial information will not be mentioned during trial
135
negligence
failure to use the care which a reasonable and prudent person would use in similar circumstances
136
notary public
public officer who administers oaths, attests and certifies documents, and takes acknowledgements
137
novation
substitution of a new contract, debt, or obligation for an existing one between the same or different parties
138
nuncupative
oral;
| not written
139
oath
solemn pledge attesting to the truth of a statement
140
offer
a promise;
| a commitment to do or to refrain from doing some specific act
141
offeree
one to whom an offer is made
142
offeror
one who makes an offer
143
option
a right supported by consideration to purchase property at an agreed price within a specified time
144
order
mandate, command, or direction authoritatively given;
| mandate of a court
145
ordinance
legislative enactment (law enacted) by a local government such as a county or a city
146
parol evidence
oral proof of contract terms which are not contained within the written contract document
147
parole
release from imprisonment upon specific conditions related to conduct or good behavior
148
patent
inventor's right to exclude others from making, using, or selling the invention for seventeen years
149
paternity
relationship of a father to a child
150
payee
one to whom payment is made
151
payor
one who makes payment
152
pecuniary
monetary;
| relating to money
153
perjury
false testimony given under oath
154
pleading
in federal court, complaint, answer to complaint, and reply to cross-claim (no other pleadings are allowed)
155
power of attorney
an instrument authorizing one to act as agent or attorney-in-fact for another as to those matters listed in the instrument
156
precedent
holding of a case which guides the decisions in future cases involving similar facts and similar legal issues
157
privileged cause
statements made by persons within specific, protected relationships for evidentiary purposes (husband-wife, attorney-client, priest-parishioner, and so forth)
158
probable cause
justification to believe that a crime was committed and that the accused is the person who committed it
159
probation
a sentence which releases a convicted person into the community under the supervision of a probation officer
160
promissory estoppel
a doctrine which prevents a party to a contract from denying that consideration was given for the contract
161
promissory note
a written promise to pay a specific sum of money at a future time
162
proximate cause
```
the last (negligent) act which leads to injury;
legal cause
```
163
proxy
an instrument authorizing one to cast the votes of another at a corporate meeting
164
punitive damages
damages awarded over and above the amount of losses, which are awarded as punishment of the wrongdoer
165
quash
suppress, stop, cease, abate
166
quiet title action
action to determine clear title to real estate
167
quitclaim deed
deed without warranty, which passes only that title which the grantor has
168
recidivist
repeat offender
169
release
discharge of one party's obligation to another
170
replevin
action to recover possession of personal property
171
rescission
an equitable remedy which invalidates a contract on the basis of mutual mistake, fraud, impossibility, and so forth
172
restitution
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
service of process
delivery of a writ, summons, subpoena to the person named therein
174
settlor
one who creates a trust, trustor
175
slander
spoken defamation
176
specific performance
equitable remedy in contract law which requires the breaching party to perform according to the specific terms of the contract
177
statute
legislative enactment (law enacted) by Congress or a state legislature
178
statute of limitations
statute which limits the time within which a cause of action may be filed
179
stipulation
agreement between parties to a lawsuit concerning matters related to the trial
180
subpoena
a writ commanding the named person to appear at a specific time and place
181
subpoena duces tecum
a writ commanding the named person to appear at a specific time and place and to bring specific records or documents with her
182
summons
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
survey
process by which a tract of land is measured and its contents determined, with a map to scale created for it
184
temporary restraining order
an emergency injunctive remedy (order) of short duration to require or to forbid an act until a hearing can be held
185
testator, testatrix
man who creates and executes a will;
| woman who creates and executes a will
186
testimonium clause
the clause of an instrument which begins "In witness whereof,..."
187
tickler system
reminder system used in law offices to supplement diaries and calendars in the overall docket control system
188
tort
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
trust account
account where client funds are kept separate from attorney funds
190
unconscionable
grossly unfair, unscrupulous, terms or conduct which shocks the conscience
191
unsury
the excess over the lawful interest rate
192
vendee
the purchaser or buyer of property
193
vendor
the seller of property
194
venue
the location where an action is tried
195
verdict
finding(s) of fact by a jury in a civil or criminal trial
196
verification
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
void
having no legal force or effect
198
voidable
that which is capable of being declared vi but which is valid until such declaration is made
199
warranty
a promise to defend the truth of a fact
200
warranty deed
a deed conveying land which guarantees that the title is free of defects to marketability
201
with prejudice
```
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
without prejudice
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
witness
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
writ of execution
order of a court after judgment commanding a court officer to seize property in satisfaction of the judgment
