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Legal Terms Flashcards

1
Q

accusation

A

charge against person or corporation

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2
Q

accuse

A

to directly and formally institute legal proceedings against a person

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3
Q

accused

A

person against whom a criminal proceeding is initiated

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4
Q

admissible evidence

A

evidence which has been received by a trial court to aid the trier of fact (judge or jury) in deciding the merits of a controversy

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5
Q

admission

A

voluntary acknowledgement that certain facts do exist or are true

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6
Q

affidavit

A

a written, ex parte, statement made or taken under oath before an officer of the court or a notary public

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7
Q

affirm

A

the act of an appellate court that the judgement of the lower court is correct

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8
Q

allegation

A

in pleading, an assertion of fact

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9
Q

appeal

A

a resort to a higher court, seeking a reversal of a court decision

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10
Q

assault

A

an attempt or threat with unlawful force, to inflict bodily injury

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11
Q

battery

A

the unlawful application of force to the person of another, unauthorized touching of another, no physical harm need result

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12
Q

breech of contract

A

a party’s failure to perform some contracted - for or agreed- upon act, or failure to comply with a duty imposed by law

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13
Q

burden of proof

A

the obligation of one party in a lawsuit to prove all the requirements necessary to show entitlement to recovery

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14
Q

caveat

A

a warning, caution or qualification

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15
Q

circumstantial evidence

A

indirect evidence, secondary evidence by which a principal fact my be inferred

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16
Q

civil

A

the branch of law that pertains to suits outside of criminal practice, pertaining to the rights and duties of persons in contract, tort, etc.

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17
Q

clear and convincing

A

as a standard of proof, it is that amount of evidence beyond a mere preponderance, but below that of beyond a reasonable doubt

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18
Q

code

A

a set of laws or rules

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19
Q

common law

A

a system of jurisprudence which originated in England and passed on to the U.S., based on judicial precedent, common law is changing reflecting the desires of society

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20
Q

comparative negligence

A

a doctrine in some states which allows apportionment between plaintiff an defendant of responsibility for injuries or damages, in some states the plaintiff may still recover even though they were negligent, but the amount they recover will be reduced by the percentage by which they caused their own injuries

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21
Q

compensatory damages

A

damages awarded in order to “make the plaintiff whole”, to put the plaintiff in the position they would have been in had no tort or breech of contract occurred

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22
Q

complaint

A

the first pleading of the plaintiff setting out the facts on which the claim for relief is based

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23
Q

confession

A

an admission of guilt or other incriminating statement made by the accused

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24
Q

consideration

A

something of value received or promised to persuade someone to enter into a contract

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25
contract
an agreement between two or more persons that is enforceable by law
26
contributory negligence
a doctrine recognized in some states which precludes any recovery by a plaintiff if they were guilty of negligence
27
covenant
an agreement or promise to do or not to do a particular thing
28
damages
monetary compensation which the law awards to one who has been injured by the actions of another
29
defendant
the person who is being sued
30
defective contract
a contract in which mutual assent has been destroyed, by fraud, coercion or otherwise
31
deposition
a pre-trial discovery procedure whereby parties or witnesses are examined under oath, a court reporter is present and records questions and answers
32
discovery
a pre-trial procedure by which one party gains information held by another party
33
duress
action by one party that forces another to do what need not otherwise be done
34
duty
obligatory conduct owed by a person to another person
35
emancipation
the freeing of someone from the control of another, a parent’s express or implied relinquishing of rights over a minor child
36
estoppel
a bar which precludes a person from denying the truth of a fact, a doctrine preventing a person from taking a position inconsistent with their previous conduct
37
exculpatory
refers to evidence and or statements which tend to clear, justify or exclude the defendant from alleged guilt or fault
38
execution of istrument
to sign a legal instrument so that it is legally enforceable
39
executory
a contract not fully accomplished or completed
40
execugted contracted
a contract fully performed by both parties
41
expert witness
a witness achieving “special knowledge” of the subject about which they will testify
42
exposure event
an occurrence which may result in liability
43
filing
placing a document into the possession of the court for inclusion in the file of a case
44
fraud
intentional deception resulting in injury to another
45
garnishment
the process in which money or goods in the hands of a third person which are due a defendant are attached by the plaintiff
46
ignorantia legis non excusat
ignorance of the law is no excuse
47
imputed liability
that which tends to incriminate
48
indemnity
the obligation or duty resting on one person to make good any loss or damage another has incurred or may incur
49
interrogatory
a pre-trial discovery tool in which written questions are asked to an opponent in a lawsuit answered in writing under oath
50
ipso facto
by the fact itself, in and of itself
51
judgment
the determination of a court of competent jurisdiction upon matters submitted to it
52
liability
having legal responsibility to pay another for damages
53
litigation
a controversy in court
54
liltigant
party in a lawsuit
55
locality rule
a doctrine under which a doctor’s compliance with the appropriate standard of care is judged by the practices of doctors in their same geographic locality, doctrine has been abandoned in many jurisdictions
56
malpractice
a professional’s improper or immoral conduct in the performance of duties, done intentionally or through carelessness or ignorance
57
mitigation of damages
the duty of the victim of a wrong to do whatever is reasonably possible to reduce or limit their own damages
58
negligence
failure to exercise that degree of care which a person of ordinary prudence would exercise under the same circumstance
59
opinion
the reason given for a court’s judgement
60
performance
in contract law, the situation that exists when the parties to a contract have done what they had agreed to do
61
plaintiff
the one who initially brings the suit, the one seeking a remedy
62
precedent
a previously decided case which is recognized as authority for the disposition of future cases
63
preponderance of evidence
standard of proof in civil cases, evidence more convincing to the trier of fact than the opposing evidence
64
proximate cause
the act which was the necessary immediate cause for someone suffering an injury
65
punitive damages
damages given for the purpose of punishing the defendant without regard to the plaintiff’s actual damages
66
recission
the act of voiding, annulling or canceling a contract
67
regulation
rules made by administrative agencies
68
release
a written document by which one party gives up a legal claim against another
69
remedy
what a party in a lawsuit is asking for, most commonly it is for monetary damages
70
res ipsa louitur
literally, the thing speaks for itself, a doctrine which shifts the burden of proof to the defendant who must prove that their negligence was not the cause of the plaintiff’s injury
71
res judicata
the thing has been decided, the matter has been adjudged
72
respondeat superior
literally, let the master answer, the legal doctrine that imposes liability on employers and makes them pay for torts committed by their employees within the scope of the employer’s business
73
reversal
the order of an appellate court overturning a lower court decision
74
revocation
cancellation of an instrument previously made
75
sanction
a penalty or punishment that may be imposed by a court for violation accepted norms of social conduct
76
settlement
the agreement of parties to a lawsuit or potential lawsuit to amicably resolve their differences
77
strict liability
liability without fault, engaged in activity with inherent risk of injury
78
summary judgement
when no essential facts in a case are disputed, no trial is held and the case is decided by the judge alone on the basics of law involved
79
tort
a wrong, resulting from the breech of a legal duty that exists by virtue of society’s expectations regarding interpersonal conduct, does not involve a contract
80
tortfeasor
the person that commits a tort, a wrongdoer
81
vicarious liability
the imputation of liability upon one person for the actions of another
82
voir dire
to speak the truth, usually refers to the examination by the court or by the attorney’s of prospective jurors, to determine their qualifications of jury service

Legal Issues (3 decks)

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