Legal terms Week 1-7 (Part 1)

Question 1

1. The act of giving up some right or interest with the intent of never claiming it again. 2. In family law, the act of leaving a spouse or children wilfully and without an intention to return.

Answer 1

abandonment

Question 2

A federal court’s relinquishment of jurisdiction over a case to avoid needless conflict with a state’s administration of its own affairs.

Answer 2

abstention

Question 3

1. A (judge’s) failure to exercise sound, reasonable, and legal decision-making. 2. An appellate court’s standard for reviewing a lower court’s decision that is asserted to be grossly unsound, unreasonable, or illegal.

Answer 3

abuse of discretion

Question 4

A loan-agreement provision requiring the debtor to pay off the balance sooner than the regular payment date if some specified event occurs, such as failure to timely pay instalments or to maintain insurance.

Answer 4

acceleration clause

Question 5

An agreement, either by express act or by implication from conduct, to the terms of an offer, so that a binding contract is formed. If an X modifies the offer’s terms or adds new ones, it usually operates as a counteroffer.

Answer 5

acceptance

Question 6

A person who aids or contributes in the commission of a crime.

Answer 6

accessory

Question 7

A person who voluntarily and intentionally participates with another in committing a crime and thus becomes punishable for it.

Answer 7

accomplice

Question 8

An agreement to substitute for an existing debt some alternative form of discharging that debt, coupled with the actual discharge of the debt by the substituted performance.

Answer 8

accord and satisfaction

Question 9

1. A formal charge of criminal wrongdoing. The X is usually presented to a court or magistrate having jurisdiction to inquire into the alleged crime. 2. An informal statement that a person has engaged in an illegal or wrongful act.

Answer 9

accusation

Question 10

A person whom someone has blamed of wrongdoing.

Answer 10

accused

Question 11

1. A formal declaration made in the presence of an authorized officer, such as a notary public, by someone who signs a document and says that the signature is authentic. 2. The officer’s certificate that is affixed to the document.

Answer 11

acknowledgment

Question 12

A civil or criminal judicial proceeding.

Answer 12

action

Question 13

Authority that a principal intentionally confers on an agent, including the authority that the agent reasonably believes he or she has a result of the agent’s dealings with the principal.

Answer 13

actual authority

Question 14

A monetary amount awarded to a complainant to compensate for a proven injury or loss: damages that repay actual losses. Also termed compensatory damages.

Answer 14

actual damages

Question 15

Notice given to a party directly or presumed to be received personally because the evidence within the party’s knowledge is sufficient to put him or her on inquiry.

Answer 15

actual notice

Question 16

[Law latin “guilty act”] The wrongful deed that comprises the physical components of a crime and that generally must be coupled with mens rea to establish criminal liability.

Answer 16

actus reus

For example, the actus reus for murder is killing another person.

Question 17

The legal process of resolving a dispute; the process of judicially deciding a case.

Answer 17

adjudication

Question 18

[Latin “for the suit”] For the purposes of the suit; pending the suit.

Answer 18

ad litem

Question 19

Allowable; permissible. cf. admissibility (of evidence).

Answer 19

admissible

Question 20

1. In family law, the statutory process of terminating a child’s legal rights and duties toward the natural parents and substituting similar rights and duties toward adoptive parents. 2. In contract law, the process by which a person agrees to assume a contract that was previously made for that persons’s benefit, such as a newly formed corporation’s acceptance of a preincorporation contract.

Answer 20

adoption

Question 21

A procedure for setting a dispute by means other than litigation, such as arbitration or mediation.

Answer 21

ADR: Alternative Dispute Resolution

Question 22

A procedural system, such as the Anglo-American legal system, involving active and unhindered parties contesting with each other to present a case to an independent decision-maker.

Answer 22

adversary system

Question 23

A method of acquiring title to real property by possessing it for a statutory period under certain conditions, esp. by a nonpermissive use of the property with a claim of right, when that use is continuous, exclusive, hostile, open, and notorious. Cf. prescription.

Answer 23

adverse possession

Question 24

A person who swears to the facts declared in an affidavit.

Answer 24

affiant

Question 25

A voluntary declaration of facts written down and sworn to by the affiant before an officer authorized to administer oaths. A great deal of evidence is submitted by X, esp. in pretrial matters such as summary judgment motions.

Answer 25

affidavit

Question 26

1. To approve (a lower court’s decision); to confirm or ratify. Cf. reverse. 2. To pledge the truth of something in lieu of making an oath; to make an affirmation.

Answer 26

affirm

Question 27

A pledge equivalent to an oath but without reference to a supreme being or to “swearing”. While an oath is “sworn to”, an X is merely “affirmed”, but either type of pledge may subject the person making it to prosecution for perjury. Cf. oath.

Answer 27

affirmation

Question 28

A defense raising new facts and arguments that, if true, will defeat the plaintiff’s or prosecution’s claim even if all allegations in the complaints are true. Examples of X include duress and contributory negligence (in civil cases) and insanity and self-defense (in criminal cases).

Answer 28

affirmative defense

Question 29

A fiduciary relationship created by express or implied contract or by law, in which one party (the agent) may act on behalf of another party (the principal) and bind that other party by words or actions.

Answer 29

agency

Question 30

One who is authorized to act or in place of another; a representative. Cf. principal; employee.

Answer 30

agent

Question 31

(Of a crime) made worse or more serious by circumstances such as violence, the presence of deadly weapon, or the intent to commit another crime.

Answer 31

aggravated

Question 32

To assist or facilitate the commission of a crime, or to promote its accomplishment.

Answer 32

aid and abet

Question 33

A defense of having been at a place other than the scene of the crime.

Answer 33

alibi

Question 34

A person who resides within the borders of a country but is not a citizen or subject of that country; a person not owing allegiance to a particular nation. In the US, an X is a person who is born outside the country, who is subject to some foreign government, and who has not been granted citizenship under U.S. law.

Answer 34

alien

Question 35

A court-ordered allowance that one spouse pays to the other spouse for maintenance and support while they are separated, while their divorce is pending, or after they are divorced. Also termed spousal support; maintenance. Cf. child support.

Answer 35

alimony

Question 36

Something declared or asserted as a matter of fact, esp. in a legal pleading; a party’s formal statement of a factual matter as being true or provable, without it yet having been proved.

Answer 36

allegation

Question 37

A corporation used by an individual in conducting personal business, such that a court may impose personal liability on the individual by piercing the corporate veil when fraud has been perpetrated on someone dealing with the corporation. Cf. piercing the corporate veil.

Answer 37

alter ego

Question 38

A pleading that replaces an earlier pleading and that contains matters omitted from or not known at the time of the earlier pleading. Cf. supplemental pleading.

Answer 38

amended pleading

Question 39

[Latin “friend of the court”] A person who is not a party to a lawsuit but who petitions the court to file a brief in the action because that person has a strong interest in the subject matter. Often shortened to amicus, also termed friend of the court.

Answer 39

amicus curiae

Question 40

1. A brief summary of the facts and decision in a case, esp. one involving statutory interpretation. 2. A note that explains or criticizes (usu. a case), esp. to give, in condensed form, some indication of the law as deduced from cases and statutes, as well as to point out where similar cases can be found. X appear, for example, in the U.S.C.A.

Answer 40

annotation

Question 41

1. An obligation to pay a stated sum, usu. monthly or annually, to a stated recipient. These payments terminate upon the death of the designated beneficiary. 2. A fixed sum of money payable periodically.

Answer 41

annuity

Question 42

A judicial or ecclesiastical declaration that a marriage is void. Unlike a divorce, an X establishes that marital status never existed.

Answer 42

annulment

Question 43

In civil procedure, a defendant’s first pleading that addresses the merits of the case, usu. by denying the plaintiff’s allegations and setting forth any defenses. Cf. complaint.

Answer 43

answer

Question 44

Rejection or renunciation of a contractual duty before the time for performance, giving the injured party an immediate right to damages for total breach, as well as discharging the injured party’s remaining duties of performance.

Answer 44

anticipatory repudiation

Question 45

The body of law designed to protect trade and commerce form restraints, monopolies, price-fixing, and price discrimination. The principal federal antitrust statutes of the US are the Sherman Act and the Clayton Act.

Answer 45

antitrust law

Question 46

Authority that a third party reasonably believes an agent has based on the third party’s dealings with the principal. X can be created by law even when no actual authority has been conferred. Cf. actual authority.

Answer 46

apparent authority

Question 47

A proceeding undertaken to reverse a decision by bringing it to a higher authority; esp. the submission of a lower court’s or agency’s decision to a higher court for review (on the issue of law) and possible reversal.

Answer 47

appeal

Question 48

A coming into court as a party or interested person, or as a lawyer on behalf of a party or interested person.

Answer 48

appearance

Question 49

A party who appeals a lower court’s decision, usu. seeking reversal of that decision.

Answer 49

appellant

Question 50

A court with jurisdiction to review decisions of one or more lower courts.

Answer 50

appellate court

Question 51

Examination of a lower court’s decision by a higher court, which can affirm, reverse or modify the decision.

Answer 51

appellate review

Question 52

A party against whom an appeal is taken and whose role is to respond to that appeal, usu. by urging affirmance of the lower court’s decision.

Answer 52

appellee

Question 53

A method of dispute resolution involving one or more neutral third parties who are agreed to by the disputing parties and whose decision is binding. Cf. mediation.

Answer 53

arbitration

Question 54

In a criminal prosecution, the initial proceeding in which the defendant is brought before the court to hear the charges and enter a plea.

Answer 54

arraignment

Question 55

The taking or keeping of a person in custody by legal authority, esp. in response to a criminal charge.

Answer 55

arrest

Question 56

A warrant issued only on probable cause, directing a law-enforcement officer to arrest a person and to bring that person to court. Cf. search warrant

Answer 56

arrest warrant

Question 57

The crime of intentionally burning someone else’s property (as to destroy a building) or one’s own property (as to collect insurance).

Answer 57

arson

Question 58

The document that legally creates a corporation when filed with the appropriate governmental agency, usu. the secretary of state. The articles typically establish the corporation’s purpose and duration, the rights and liabilities of shareholders and directors, and the classes of stock and other securities. Cf. charter.

Answer 58

articles of incorporation

Question 59

In the existing condition without modification. Under the UCC, a seller can disclaim all implied warranties by stating that the goods are being sold “X” or “with all faults”.

Answer 59

as is

Question 60

1. In criminal law and tort law, the threat or use of force that causes the victim to have a reasonable apprehension of imminent harmful or offensive contact. 2. In criminal law only, an attempt to commit battery, requiring the specific intent to cause physical injury. 3. Loosley, a criminal battery. Cf. battery.

Answer 60

assault

Question 61

1. The transfer of rights or property; the rights or property so transferred. 2. The instrument of transfer.

Answer 61

assignment

Question 62

1. The act or an instance of a prospective plaintiff’s taking the risk of loss or injury. 2. In tort law, the principle that a person who has taken on the risk of loss or injury cannot maintain an action against a party who caused the loss or injury.

Answer 62

assumption of the risk

Question 63

The seizure or taking control of a person’s property esp. to satisfy a judgment against that person. Cf. garnishment; sequestration.

Answer 63

attachment

Question 64

In criminal law, an overt act that is done with the intent to commit a crime but that falls shorts if completing the crime. X is a separate offense from the attempted crime.

Answer 64

attempt

Question 65

1. To bear witness; testify. 2. To affirm to be true or genuine; to authenticate by signing a witness.

Answer 65

attest

Question 66

A client’s right to refuse to disclose and to prevent any other person from disclosing confidential communications between the client and his or her attorney.

Answer 66

attorney-client privilege

Question 67

A dangerous condition that may attract children onto land, thus causing a risk to their safety.

Answer 67

attractive nuisance

Question 68

Of or relating to a legal relationship that continues until either party wishes to terminate it.

Answer 68

at will

Question 69

The act of proving that something (usu. a document) is true or genuine, esp. so that it may be admitted as evidence; the condition of being so proved.

Answer 69

authentication

Question 70

1. The right or permission to legally act on another’s behalf; the power delegated by a principal to an agent. See agency. 2. … 3. … 4. … 5. …

Answer 70

authority

Question 71

In bankruptcy, a bar to all judicial or extrajudicial collection efforts against the debtor or the debtor’s property. The X takes effect as soon as the bankruptcy petition is filed, but it applies only to debts incurred before the filing.

Answer 71

automatic stay

Question 72

A final judgment or decision, esp. one by a jury or arbitrator assessing damages.

Answer 72

award

Question 73

1. Dishonesty of belief or purpose. 2. ….. 3. …. Cf. good faith

Answer 73

bad faith

Question 74

1. A security such as cash or a bond; esp. security required by a court for the release of a prisoner who must appear at a future time. 2. Release of a prisoner on security for a future appearance.

Answer 74

bail

Question 75

1. A delivery of personal property by one person (the bailor) to another (the bailee) who holds the property under an express or implied-in-fact contract. Unlike a sale of gift of personal property, a X involves a charge in possession but not in title. 2. The personal property delivered by the bailor to the bailee.

Answer 75

bailment

Question 76

One who delivers personal property to antother as a bailment.

Answer 76

bailor

Question 77

The statutory procedure, usu. triggered by insolvency, by which a person is relieved of most debts and undergoes a judicially supervised reorganization or liquidation for the benefit of that person’s creditors. See insolvency.

Answer 77

bankruptcy

Question 78

1. The whole body of lawyers qualified to practice in a given court or jurisdiction; the legal profession, or an organized subset of it. 2. …. 3….

Answer 78

bar

Question 79

1. In criminal law, the application of force to another resulting in harmful or offensive contact. X is a misdemeanor under most modern statutes in the U.S. 2. In tort law, an intentional and offensive touching of another. Cf. assault.

Answer 79

battery

Question 80

A person who possesses a negotiable instrument marked “payable to bearer” or indorsed in blank.

Answer 80

bearer

Question 81

1. The seat occupied by the judge in a courtroom. 2. The court considered in its official capacity. 2. Judges collectively. 4. The judges of a particular court.

Answer 81

bench

Question 82

A trial before a judge without a jury. In a X, the judge decides questions of fact as well as questions of law. Also termed trial to the bench; nonjury trial. Cf. jury trial.

Answer 82

bench trial

Question 83

A warrant issued directly by a judge to a law-enforcement officer, esp. for the arrest of a person who has been held in contempt or has been indicted.

Answer 83

bench warrant

Question 84

A person who is designated to benefit from an appointment, disposition, or assignment (as in a will, insurance policy, etc.); one designated to receive something as a result of a legal arrangement or instrument.

Answer 84

beneficiary

Question 85

1. The act of giving property (usu. personal property) by will. 2. Property (usu. personal property other than money) disposed in a will. Cf. devise; legacy

Answer 85

bequest

Question 86

The evidentiary rule providing that for a party to prove the contents of a writing (or a recordning or a photograph), the original must be produced unless it is unavailable, in wich case secondary evidence - such as copies, notes, or testimony - may be admitted.

Answer 86

best-evidence rule

Question 87

The doubt that prevents one from being firmly convinced of a defendant’s guilt, or the belief that there is a real possibility that a defendant is not guilty. “X” is the standard used by a jury to determine whether a criminal defendant is guilty. based on the presumption of innocence.

Answer 87

beyond reasonable doubt

Question 88

1. A formal written complaint, such as a court paper requesting some specific action for reasons alleged. 2. A legislative proposal offered for debate before its enactment. 3. A bill of exchange; a draft. 4. A formal document or note; an instrument.

Answer 88

bill

Question 89

(usu. cap) A section or addendum, usu. in a constitution, defining the situations un wich a politically organized society will permit free, spontaneous, and individual activity, and guaranteeing that government powers will not be used in certain ways; esp; the first ten amendments to the US constitution.

Answer 89

bill of rights

Question 90

One or more legal principles that are fundamental and well settled.

Answer 90

black-letter law

Question 91

The citation guide - formally titled A Uniform System of Citation - that is generally considered the authoritative reference for the U.S legal citations.

Answer 91

Bluebook

Question 92

1. Ready-made or all-purpose language that will fit in a variety of documents. 2. Fixed or standardized contractual language that, in the view of the party whose forms contain it, is rarely subject to modification.

Answer 92

boilerplate

Question 93

[Larin “in good faith”] 1. Made in good faith; without fraud or deceit. 2. Sincere; genuine. Se good faith

Answer 93

bona fide

Question 94

One who buys something for value without notice of another’s claim to the item or of any defects in the seller’s title; one who has in good faith paid valuable consideration for property without notice or prior adverse claims. Abbr. BFP.

Answer 94

bona fide purschaser

Question 95

1. A written promise to pay money or do some act if certain circumstances occur. 2. A long-term, interest-bearing debt instrument …

Answer 95

bond

Question 96

To record the name of (a person) arrested in a sequential list of police arrest, with details of the person’s identity, particulars about the alleged offense and the name of the arresting officer.

Answer 96

book

Question 97

A concerted refusal to do business with a party in order to express disapproval of that party’s practice.

Answer 97

boycott

Question 98

Violation of a contractual obligation, either by failing to perform one’s promise or by interfering with the other party’s performance.

Answer 98

breach of contract

Question 99

1. The common-law offense of breaking and entering another’s dwelling at night with the intent to commit a felony. 2. The modern statutory offense of breaking and entering any building - not just a dwelling. and not only at night - with the intent to commit a felony. Cf. robbery.

Answer 99

breaking or entering

Question 100

The corrupt payment, receipt, or solicitation of a private favor for official action. Though a misdemeanor at common law, bribery is now a felony in most states in the U.S

Answer 100

bribery

Question 101

A written statement setting out the legal contentions of a party in litigation esp. on appeal; a document prepared by counsel as the basis for arguing a case, consisting of legal and factual arguments and the authorities in support of them.

Answer 101

brief

Question 102

A party’s duty to convince the fact-finder to view the facts in a way that favors that party. In civil cases, the plaintiff’s burden is usu. “by a preponderance of the evidence”, while in criminal cases the prosecution’s burden is “beyond a reasonable doubt”

Answer 102

burden of persuasion

Question 103

A party’s duty to prove a disputed assertion or charge. The X includes both the burden of production and the burden of persuasion.

Answer 103

burden of proof

Question 104

1. The common-law offense of breaking and entering another’s dwelling at night with the intent to commit a felony. 2. The modern statutory offense of breaking and entering any building - not just a dwelling. and not only at night - with the intent to commit a felony. Also termed breaking and entering. Cf. robbery

Answer 104

burglary

Question 105

The presumption that, in making business decisions not involving direct self-interest or self-dealing, corporate directors act on an informed basis, in good faith, and in the honest belief that their actions are in the corporation’s best interest. The rule shields directors and officers from liability for unprofitable or harmful corporate transactions if the transactions were made in good faith, with dure, care and within the director’s or officer’s authority.

Answer 105

business-judgment rule

Question 106

A rule or administrative provision adopted by an association or corporation for its internal governance. Corporate x are usu. enacted apart from the articles of incorporation.

Answer 106

bylaw

Question 107

1. The role in which one performs an act. 2. A legal qualification, such as legal age, that determines one’s ability to sue or to be sued, to enter into a binding contract, and the like. 3. The mental ability to understand the nature and effects of one’s acts. See competency.

Answer 107

capacity

Question 108

1. Money or assets invested, or available for investment, in a business. 2. … 3. ….

Answer 108

capital

Question 109

In the law of negligence, the conduct demanded of a person in a given situation. Typically, this involves a person’s giving attention both to possible dangers, mistakes, and pitfalls and to ways of ensuring that these risks do not materialize. See a reasonable person.

Answer 109

care

Question 110

A proceeding, action, suit, or controversy at law or in equity.

Answer 110

case

Question 111

The part of a trial in which the party with the burden of proof presents evidence.

Answer 111

case-in-chief

Question 112

1. A group of operative facts, such as a harmful act, giving rise to one or more bases for suing. 2. A legal theory of lawsuit. 3. Loosley, a lawsuit.

Answer 112

cause of action

Question 113

[Latin “let the buyer beware”] A doctrine holding that purchasers but at their own risk. Modern statutes and cases have greatly limited the importance of this doctrine.

Answer 113

caveat emptor

Question 114

The annual collection of executive-agency regulations published in the daily Federal Register, combined with previously issued regulations that are still in effect.

Answer 114

CFR: Code of Federal Regulations

Question 115

The movement and location of evidence from the time it is obtained to the time it is presented in court.

Answer 115

chain of custody

Question 116

1. The ownership history of piece of land, from its first owner to the present one. 2. …

Answer 116

chain of title

Question 117

1. An act or instance of formally questioning the legality or legal qualifications of a person, action or thing. 2. A party-s request that a judge disqualify a potential juror or an entire jury.

Answer 117

challenge

Question 118

A judge’s private office.

Answer 118

chambers

Question 119

The removal of a case from one locale to another, usu. because of questions of fairness. Also termed transfer of venue. See venue.

Answer 119

change of venue

Question 120

A witness who testifies about another person’s character traits or community reputation.

Answer 120

character witness

Question 121

1. A formal accusation of a crime as a preliminary step in prosecution. 2. Jury charge

Answer 121

charge

Question 122

1. An instrument by which a governmental entity grants rights, liberties, or powers to its citizens. 2. A legislative act that creates a business or defines a corporate franchise. Cf. articles of incorporation

Answer 122

charter

Question 123

A draft that is signed by the maker or drawer, drawn on a bank, payable on demand, and unlimited in negotiability.

Answer 123

check

Question 124

A parent’s legal obligation to contribute to the economic maintenance and education of children.

Answer 124

child support

Question 125

In conflict laws, the question of which jurisdiction’s law should apply in a given case.

Answer 125

choice of law

Question 126

Evidence based on interference rather than on personal knowledge or observation. It also termed indirect evidence.

Answer 126

circumstantial evidence

Question 127

1. … 2. Differential treatment; ….

Answer 127

discrimination

Question 128

The refusal to pay or accept a negotiable instrument (such as a check) when it is presented.

Answer 128

dishonor

Question 129

Termination of an action or claim without further hearing, esp. before trial of the issues involved.

Answer 129

dismissal

Question 130

1. The act of transferring something to another’s care or possession esp. by deed or will; the relinquishing of property. 2. A final settlement or determination.

Answer 130

disposition

Question 131

1. A judge’s disagreement with the decision reached by the majority. 2. A separate written opinion explaining the judge’s disagreement. Also termed dissenting opinion.

Answer 131

dissent

Question 132

The passing of intestate personal property to heirs. Cf. descent.

Answer 132

distribution

Question 133

In the U.S a federal court’s exercise of authority over a case involving parties from different states and an amount in controversy greater than a statutory minimum.

Answer 133

diversity jurisdiction

Question 134

A portion distributed proportionally to shareholders.

Answer 134

dividend

Question 135

The legal dissolution of a marriage by a court.

Answer 135

divorce

Question 136

1. …. 2.. A schedule of pending cases.

Answer 136

docket

Question 137

The statutory right to exclude from evidence in a legal proceeding any communication a patient makes to a physician unless the patient consents to the disclosure.

Answer 137

doctor-patient privilege

Question 138

The body of law dealing with marriage, divorce, adoption, child custody, and support …

Answer 138

domestic relations

Question 139

1. The place where a person is physically present and thatthe person regards as home; …

Answer 139

domicile

Question 140

The fact of being prosecuted or punished twice for substantially the same offense. X is prohibited by the Fifth Amendment of the US Constitution.

Answer 140

double jeopardy

Question 141

An unconditional written order signed by one person (the drawer) directing another person (the drawee or payor) to pay a certain sum of money on demand or at a definite time to a named third person (the payee) or to bearer. A check is the most common example of a X.

Answer 141

draft

Question 142

The conduct of legal proceedings according to the rules and principles established to protect and enforce private rights, including notice and the right to a fair hearing before a tribunal having the power to decide the case.

Answer 142

due process

Question 143

The constitutional provision that prohibits the government from unfairly or arbitrary depriving a person of life, liberty, or property. There are two Due Process Clauses in the US Constitution …

Answer 143

Due Process Clause

Question 144

Compulsion (esp. the threat of physical harm) illegally exercised to force a person to do something against his or her will.

Answer 144

duress

Question 145

1. A legal obligation imposed by law assumed voluntarily, for which somebody else has a corresponding right.

Answer 145

duty

Question 146

Svenska: servitut. Def. “to use another’s land”

Answer 146

easement

Question 147

1. The ejection of an owner or occupier from property 2. legal action by which a person wrongfully ejected from property seeks to recover possession and damages.

Answer 147

ejectment

Question 148

The fraudulent taking of personal property with which one has been entrusted …

Answer 148

embezzlement

Question 149

The power of a governmental entity to convert privately owned property, esp. land, to public use, subject to reasonable compensation for the taking. See condemnation.

Answer 149

eminent domain

Question 150

Pain or suffering affection the mind often as a result of a physical injury.

Answer 150

emotional distress

Question 151

One who works under another …

Answer 151

employee

Question 152

[French “on the bench”] 1. Of or relating to a session in which the full membership of the court participates.

Answer 152

en banc

Question 153

A claim of liability that is attached to property or some other interest and that may lessen its value such as a lien or mortgage. An encumbrance cannot defeat the transfer of possession, but it remains after the property or interest is transferred. Also spelled incumbrance.

Answer 153

encumbrance

Question 154

To legally prohibit or restrain by injunction. See the injunction.

Answer 154

enjoin

Question 155

A law enforcement officer’s inducement of a person to commit a crime, for the purposes of bringing a criminal prosecution against that person.

Answer 155

entrapment

Question 156

A constitutional requirement guaranteeing that similarly, situated persons will receive the same legal rights. Also termed equal protection of the laws.

Answer 156

equal protection

Question 157

The U.S Constitution’s fourteenth Amendment provision requiring that persons under like circumstances be given the same legal rights. Cf. due process clause

Answer 157

Equal Protection Clause

Question 158

1. Fairness 5. An ownership interest in property, esp. of shareholders in a business.

Answer 158

equity

Question 159

A mistake of law or of fact in a lower court’s proceedings.

Answer 159

error

Question 160

Revision of property to the state upon the death of an owner who has neither a will nor any legal heirs.

Answer 160

escheat

Question 161

… escrow account

Answer 161

escrow

Question 162

The constitutional provision prohibiting the government from creating a church or favoring a particular religion.

Answer 162

Establishment clause

Question 163

1. All of a person’s property as a whole. 2. …

Answer 163

estate

Question 164

A tax imposed on the estate

Answer 164

estate tax

Question 165

1. … 2. A doctrine that prevents a person from adopting an inconsistent position, attitude or action if it will result in injury to another.

Answer 165

estoppel

Question 166

The act or process of legally dispossessing a person of land or rental property.

Answer 166

eviction

Question 167

1. A perceptible thing that tends to establish the truth or falsity of an alleged fact.

Answer 167

evidence

Question 168

The rule providing that illegally obtained evidence is not admissible in court, often with the exception that the evidence is admissible when it was taken in the good-faith belief that it was legally obtained.

Answer 168

exclusionary rule

Question 169

1. A reason that justifies an act or omission or relieves one of a duty. 2. …

Answer 169

excuse

Question 170

1. The carrying out or putting into effect (as an action or an order). 5. In criminal law, the carrying out of a death sentence.

Answer 170

execution

Question 171

One who is appointed by a testator, usu. in the will, to administer the testator’s estate.

Answer 171

executor

Question 172

See punitive damages

Answer 172

exemplary damages

Question 173

1. … 2. Personal property that a surviving spouse is automatically entitled to receive from the decedent’s estate.

Answer 173

exempt property

Question 174

The doctrine that, if an administrative remedy is provided by statute, a claimant must seek relief first from the administrative body before judicial relief is available.

Answer 174

exhaustion of remedies

Question 175

1. A document, record or other tangible object formally introduced as evidence in court.

Answer 175

exhibit

Question 176

[Latin “from the part”]1. On or from one party only, usu. without notice to or argument from the adverse party.

Answer 176

ex parte

Question 177

A witness qualified by knowledge, skill, experience, training or education to provide scientific, technical or other specialized, training or education …

Answer 177

expert witness

Question 178

A law passed after an action in order to retroactively change the legal treatment of the action to the disadvantage of the actor.

Answer 178

ex post facto law

Question 179

Clearly unmistakably communicated; directly stated rather than implied. Cf. implied

Answer 179

express

Question 180

The removal of a conviction (esp. for a first offense) from a person’s criminal record. X does not occur automatically …

Answer 180

expungement of record

Question 181

The act or practice of obtaining something or compelling some action by illegal means, such as forces or coercion. (utpressning)

Answer 181

extortion

Question 182

The surrender of an alleged criminal by one state or nation to another having jurisdiction over the crime charged. (Utlämning)

Answer 182

extradition

Question 183

One who personally observes an event.

Answer 183

eye witness

Question 184

One or more persons - such as jurors in a jury trial or administrative-law judges in a hearing - who hear testimony and review evidence to make the ultimate ruling about a factual issue such as whether certain events took place. Also termed finder of fact.

Answer 184

fact-finder

Question 185

A confinement or restraint of a person to a bounded area without justification or consent. X is both a common-law misdemeanor and a tort in the U.S.

Answer 185

false imprisonment

Question 186

The crime of knowingly obtaining title to another’s personal property by means of misrepresentation a fact with the intent to defraud.

Answer 186

false pretenses

Question 187

The body of law dealing with marriage, divorce …

Answer 187

family law

Question 188

The exercise of federal-court authority over claims arising under the US Constitution, and an act of Congress, or a treaty. Cf. diversity jurisdiction.

Answer 188

federal-question jurisdiction

Question 189

A daily publication in wich US administrative agencies publish their rules and regulations, including proposed rules and regulations for public comment.

Answer 189

Federal Register

Question 190

1. A charge for labor or servies, esp. professional service.

Answer 190

fee

Question 191

An interest in land that endures until the current holder dies without heirs. The X is the broadest property interest allowed by law. Often shortened to fee.

Answer 191

fee simple

Question 192

A serious crime usu. punished by imprisonment for more than a year or by death.

Answer 192

felony

Question 193

The doctrine holding that any death resulting from the commission or attempted commission of a felony is murder. Most states in the US restrict this rule to inherently dangerous felonies such as rape, arson, robbery or burglary.

Answer 193

felony-murder rule

Question 194

1. One who must exercise in a high standard of care in managing another’s money or property. (förtroendeman)

Answer 194

fiduciary

Question 195

A relationship in which one person is under a duty to act for the benefit of the other on matters within the scope of the relationship. X - such as trustee-beneficiary, agent-principal - require the highest duty of care.

Answer 195

fiduciary relationship

Question 196

1. To deliver a legal document to the court clerk or record custodian for placement into the official record. 2. To commence a lawsuit.

Answer 196

file

Question 197

A determination by a judge, jury or administrative agency of a fact supported by the evidence presented at the trial hearing. Often shortened to finding.

Answer 197

finding of fact

Question 198

The constitutional amendment of the US constitution guaranteeing the freedoms of speech, religion, press, and assembly, and the right to petition the government for the redress of grievances.

Answer 198

First Amendment

Question 199

Personal property that has been attached to land or building and that is regarded as an irremovable part of the real property, such as a fireplace built into the home.

Answer 199

fixture

Question 200

An event or effect that can be neither anticipated nor controlled. Cf. act of God

Answer 200

force majeure

Question 201

A legal proceeding for the termination of a mortgagor’s interest in property, instituted by the lender either to gain title or to force a sale in order to satisfy all or part of the unpaid debt secured by the property.

Answer 201

foreclosure

Question 202

1. The divestiture of property without compensation. 2. The loss of a right, privilege, or property because of a crime, breach of obligation, or neglect of duty. (förverkande)

Answer 202

forfeiture

Question 203

1. The act of fraudulently making a false document or altering a real one so that it may be used as if it were genuine. (förfalskning)

Answer 203

forgery

Question 204

In civil procedure, the doctrine that an inappropriate forum - even though competent under the law - may be divested of jurisdiction if, for the convenience of the litigants and the witnesses, it appears that the action should proceed in another forum in which the action might originally have been brought.

Answer 204

forum non conveniens

Question 205

The practice of choosing the most favorable jurisdiction or court in which a claim might be heard.

Answer 205

forum-shopping

Question 206

1. The principle that a document’s meaning is to be gathered from the entire document and not from its isolated parts.

Answer 206

four-corners rule

Question 207

The constitutional amendment to the US constitution whose primary provisions forbid states from denying due process and equal protection and from abridging the privileges and immunities of US citizenship.

Answer 207

Fourteenth amendment

Question 208

1. The right to vote. 2. … 3. The sole right granted by the owner of a trademark or trade-name to engage in business or to sell a good or service in a certain area.

Answer 208

franchise

Question 209

1. A knowing misrepresentation of the truth or concealment of a material fact to induce another to act to his or her injury.

Answer 209

fraud

Question 210

A lawsuit in which all the parties have agreed beforehand to allow a court to resolve the issues involved. Xs are often filed by settling parties who wish to have a judgment on the record.

Answer 210

friendly suit

Question 211

A lawsuit having no legal basis, often filed to harass the defendant.

Answer 211

frivolous suit

Question 212

In contract law, the doctrine that, if the entire performance of a contract becomes fundamentally changed without any fault by either party, the contract is considered dissolved. Also termed frustration on purpose.

Answer 212

frustration

Question 213

The constitutional provision Section 1) requiring states to recognize and enforce the legislative acts, public records and judicial decisions of other states.

Answer 213

Full Faith And Credit Clause

Question 214

1. A right derived from natural or fundamental law.

Answer 214

fundamental right

Question 215

A property interest in which the privilege of possession or of enjoyment is future and not present. A future interest can exist in either the grantor or the grantee.

Answer 215

future interest

Question 216

A judge order directing parties, attorneys or witnesses tp refrain from publicly discussing the facts of a case.

Answer 216

gag order

Question 217

A judicial proceeding in which a creditor (or potential creditor) asks the court to order a third party who is indebted to or bailee for the debtor to turn over the creditor any of the debtor’s property held by that third party.

Answer 217

garnishment

Question 218

A partnership in which all partners participate fully in running the business and share equally in profits and losses, though the partner’s monetary contributions may vary. Cf. limited partnership

Answer 218

general partnership

Question 219

A tax imposed when property is voluntarily and gratuitously transferred.

Answer 219

gift tax

Question 220

A state of mind consisting in (1) honesty in belief or purpose (2) faithfulness to one’s duty or obligation, (3) observance of reasonable commercial standards of fair dealing in a given trade or business, or (4) absence of intent to defraud or to seek unconscionable advantage. Cf. bad faith

Answer 220

good faith

Question 221

Tangible or movable personal property exp. items of merchandise.

Answer 221

goods

Question 222

A statute providing immunity from liability to a person who voluntarily renders aid to another in imminent danger but negligently causes injury while rendering the aid.

Answer 222

Good Samaritan law

Question 223

A statutory or regulatory clause that exempts a class of persons or transactions because of circumstances existing before the clause takes effect.

Answer 223

grandfather clause

Question 224

A body of often 23 people who are chosen to suit permanently for at least a month and who, in ex parte proceedings, decide whether to issue indictments. If the grand jury decides that evidence is strong enough to hold a suspect for trial, it returns a bill of indictment (a true bill) charging the suspect with a specific crime.

Answer 224

grand jury

Question 225

1. To give or confer (a thing) with or without compensation. 3. To permit or agree to.

Answer 225

grant

Question 226

1. A conscious, voluntarily act or omission in reckless disregard of a legal duty and of the consequences to another party, who may typically recover punitive damages. 2. Negligence so extreme that it is punishable as a crime. (grov vårdlöshet)

Answer 226

gross negligence

Question 227

1. The act of giving security; the assurance that a contract or legal act will be duly carried out.

Answer 227

guarantee

Question 228

A promise to answer for someone else’s best esp. in financial and banking contexts.

Answer 228

guaranty

Question 229

One who has the legal authority and duty of care for another’s person or property esp. because of the other’s incapacity or disability.

Answer 229

gurdian

Question 230

A guardian, usu. a lawyer, appointed by the court to appear in a lawsuit on behalf of an incompetent or minor party.

Answer 230

guradian ad litem

Question 231

[Latin “you should have the body”] A writ employed to bring a person before a court, most frequently to ensure that the party’s imprisonment is not illegal.

Answer 231

habeas corpus

Question 232

A case summary that appears before the printed judicial opinion in a law report, addresses a point of law, and usu. includes the relevant facts bearing on that point of law.

Answer 232

headnote

Question 233

A judicial or administrative session held for the purpose of deciding issues of fact or of law. At some Xs, evidence is presented; at others, only questions of law are argued.

Answer 233

hearing

Question 234

An assertion, other than one made by the witness while testifying, offered in evidence to prove the truth or the matter asserted.

Answer 234

hearsay

Question 235

Rage, terror or furious hatred suddenly aroused by some immediate provocation.

Answer 235

heat of passion

Question 236

1. A person who, under the laws of intestacy, is entitled to receive an intestate decedent’s property, esp. real property.

Answer 236

heir

Question 237

A person who in good faith has given value for a negotiable instrument that is complete and regular on its face is not overdue, and to the processor’s knowledge has not been dishonored. Under the UCC a X takes the instrument free of all claims and personal defenses, but subject to real defenses.

Answer 237

holder in due course

Question 238

1. A determination of a matter of law that is pivotal to a judicial decision; a principle drawn from such decision. 3. Property owned by a person.

Answer 238

holding

Question 239

A tenant who continues to occupy the leased premises after the lease has expired or has been legally terminated.

Answer 239

holdover tendant

Question 240

A will that is entirely handwritten by the testator.

Answer 240

holographic will

Question 241

The house, outbuildings, and adjoining land owned and occupied by a person of family as its principal residence.

Answer 241

homestead

Question 242

The killing of one person by another.

Answer 242

homicide

Question 243

To accept or pay when presented.

Answer 243

honor

Question 244

A witness who is biased against the examining party or who is unwilling to testify. Xs, unlike mots other witnesses, may be asked leading questions on direct examination.

Answer 244

hostile witness

Question 245

A jury that cannot reach a verdict by the required voting margin.

Answer 245

hung jury

Question 246

[Latin idem “same”]

Answer 246

id

Question 247

[Latin “ in the manner of a pauper”] In the manner of an indigent who has permission to disregard filing fees and court costs.

Answer 247

IFP: in forma pauperis

Question 248

Lacking any logical connection with the consequential facts; unimportant. Cf. irrelevant.

Answer 248

immaterial

Question 249

1. Any exemption from duty, liability, or service of process; esp. such an exemption granted to a public official.

Answer 249

immunity

Question 250

1. To accuse of a crime in office by presenting a written charge to an appropriate tribunal.

Answer 250

impeach

Question 251

A procedure by which a third party is brought into a lawsuit esp. by a defendant who seeks to shift liability to someone not sued by the plaintiff.

Answer 251

impleader

Question 252

Not directly stated or made known.

Answer 252

implied

Question 253

A warranty arising by operation of law because of the circumstances of a sale, rather by the seller’s express promise.

Answer 253

implied warranty

Question 254

1. In contract law, a fact or circumstance excusing performance because (1) the subject or means of performance has deteriorated, has been destroyed, or is no longer available; (2) the method of delivery or payment has failed; (3) a law now prevents performance; or (4) death or illness prevents performance. Also termed impossibility of performance. Cf. frustration. 2. In criminal law, a fact or circumstance preventing the commission of a crime. Impossibility is a defense to the crime of attempt if what the defendant intended to do is not illegal, such as hunting while erroneously believing that it is not hunting season (legal impossibility). Impossibility is not a defense to attempt when an act is illegal but cannot actually be accomplished, such as trying to pick an empty pocket (factual impossibility).

Answer 254

impossibility

Question 255

An addition to real property, whether permanent or not; esp one that increases its value or utility or that enhances its appearance.

Answer 255

impovement

Question 256

Not allowable or worthy of being admitted as evidence.

Answer 256

inadmissible

Question 257

Incapable of being transferred or surrendered.

Answer 257

inalienable

Question 258

[Latin: “in chambers”] 1. In the judge’s private chambers.

Answer 258

in camera

Question 259

1. Not yet completed or perfected.

Answer 259

inchoate

Question 260

Lack of legal ability in some respect, esp. to stand trial or to testify. (obehörighet)

Answer 260

incompetency

Question 261

1. The formation of a legal corporation.

Answer 261

incorporation

Question 262

Having a conceptual existence but no physical existence; intangible.

Answer 262

incorporeal

Question 263

1. To charge (someone) with a crime. (anklagelse)

Answer 263

incriminate

Question 264

The quality or state of being offensive, esp. in a vulgar or sexual way.

Answer 264

indecency

Question 265

1. To reimburse (another) for a loss suffered because of a third party’s act or default.

Answer 265

indemnify

Question 266

1. A duty to make good any loss, damage, or liability another has incurred.

Answer 266

indemnity

Question 267

One who is hired to complete a specific project but how is left free to choose the methods for accomplishing the work.

Answer 267

independent contractor

Question 268

In criminal law, the legal certification, usually by jury verdict, that an accused person is not guilty of the charged crimes.

Answer 268

acquittal

Question 269

A party’s duty to introduce enough evidence to have a given issue considered by the fact-finder.

Answer 269

burden of production