Legal Terms

Question 1

accusation

Answer 1

a charge against a person or corporation

Question 2

accuse

Answer 2

to directly and formally institute legal proceedings against a person

Question 3

accused

Answer 3

person against whom a criminal proceeding is initiated

Question 4

admissible evidence

Answer 4

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

Question 5

admission

Answer 5

voluntary acknowledgement that certain facts do exist or are true

Question 6

adult

Answer 6

a person who has reached the age of majority

Question 7

affidavit

Answer 7

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

Question 8

affirm

Answer 8

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

Question 9

allegation

Answer 9

in pleading, as assertion of fact

Question 10

appeal

Answer 10

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

Question 11

assault

Answer 11

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

Question 12

battery

Answer 12

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

Question 13

breech of contract

Answer 13

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

Question 14

burden of proof

Answer 14

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

Question 15

caveat

Answer 15

a warning, caution or qualification

Question 16

circumstantial evidence

Answer 16

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

Question 17

civil

Answer 17

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

Question 18

clear and convincing

Answer 18

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

Question 19

code

Answer 19

a set of laws or rules

Question 20

common law

Answer 20

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

Question 21

comparative negligence

Answer 21

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

Question 22

compensatory damages

Answer 22

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

Question 23

complaint

Answer 23

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

Question 24

confession

Answer 24

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

Question 25

consideration

Answer 25

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

Question 26

contract

Answer 26

an agreement between two or more persons that is enforceable by law

Question 27

contributory negligence

Answer 27

a doctrine recognized in some states which precludes any recovery by a plaintiff if they were guilty of negligence which contributed to cause their injury

Question 28

convenant

Answer 28

an agreement or promise to do or not to do a particular thing

Question 29

damages

Answer 29

monetary compensation which the law awards to one who had been injured by the actions of another

Question 30

defendant

Answer 30

the person who is being sued

Question 31

defective contract

Answer 31

a contract in which mutual assent has been destroyed, by fraud, coercion or otherwise

Question 32

deposition

Answer 32

a pre-trial discovery procedure whereby parties or witnesses are examined under oath, a court reporter is present and records questions and answers

Question 33

discovery

Answer 33

a pre-trial procedure by which one party gains information held by another party

Question 34

duress

Answer 34

action by one party that forces another to do what need not otherwise be done

Question 35

duty

Answer 35

obligatory conduct owed by a person to another person

Question 36

emancipation

Answer 36

the freeing of someone from the control of another, a parent’s express or implied relinquishing of rights over a minor child

Question 37

estopped

Answer 37

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

Question 38

exculpatory

Answer 38

refers to evidence and or statements which tend to clear, justify, or exclude the defendant from alleged guilt or fault

Question 39

execution of instrument

Answer 39

to sign a legal instrument so that it is legally enforceable

Question 40

executory

Answer 40

a contract not fully accomplished or completed

Question 41

executed contracted

Answer 41

a contract fully performed by both parties

Question 42

expert witness

Answer 42

a witness achieving “special knowledge” of the subject about which they will testify