Legal terms Week 1-7 (Part 1) Flashcards
1
Q
- 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.
A
abandonment
2
Q
A federal court’s relinquishment of jurisdiction over a case to avoid needless conflict with a state’s administration of its own affairs.
A
abstention
3
Q
- 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.
A
abuse of discretion
4
Q
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.
A
acceleration clause
5
Q
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.
A
acceptance
6
Q
A person who aids or contributes in the commission of a crime.
A
accessory
7
Q
A person who voluntarily and intentionally participates with another in committing a crime and thus becomes punishable for it.
A
accomplice
8
Q
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.
A
accord and satisfaction
9
Q
- 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.
A
accusation
10
Q
A person whom someone has blamed of wrongdoing.
A
accused
11
Q
- 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.
A
acknowledgment
12
Q
A civil or criminal judicial proceeding.
A
action
13
Q
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.
A
actual authority
14
Q
A monetary amount awarded to a complainant to compensate for a proven injury or loss: damages that repay actual losses. Also termed compensatory damages.
A
actual damages
15
Q
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.
A
actual notice
16
Q
[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.
A
actus reus
For example, the actus reus for murder is killing another person.
17
Q
The legal process of resolving a dispute; the process of judicially deciding a case.
A
adjudication
18
Q
[Latin “for the suit”] For the purposes of the suit; pending the suit.
A
ad litem
19
Q
Allowable; permissible. cf. admissibility (of evidence).
A
admissible
20
Q
- 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.
A
adoption
21
Q
A procedure for setting a dispute by means other than litigation, such as arbitration or mediation.
A
ADR: Alternative Dispute Resolution
22
Q
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.
A
adversary system
23
Q
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.
A
adverse possession
24
Q
A person who swears to the facts declared in an affidavit.
A
affiant
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.
affidavit
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.
affirm
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.
affirmation
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).
affirmative defense
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.
agency
30
One who is authorized to act or in place of another; a representative. Cf. principal; employee.
agent
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.
aggravated
32
To assist or facilitate the commission of a crime, or to promote its accomplishment.
aid and abet
33
A defense of having been at a place other than the scene of the crime.
alibi
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.
alien
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.
alimony
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.
allegation
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.
alter ego
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.
amended pleading
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.
amicus curiae
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.
annotation
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.
annuity
42
A judicial or ecclesiastical declaration that a marriage is void. Unlike a divorce, an X establishes that marital status never existed.
annulment
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
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.
anticipatory repudiation
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.
antitrust law
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.
apparent authority
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.
appeal
48
A coming into court as a party or interested person, or as a lawyer on behalf of a party or interested person.
appearance
49
A party who appeals a lower court's decision, usu. seeking reversal of that decision.
appellant
50
A court with jurisdiction to review decisions of one or more lower courts.
appellate court
51
Examination of a lower court's decision by a higher court, which can affirm, reverse or modify the decision.
appellate review
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.
appellee
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.
arbitration
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.
arraignment
55
The taking or keeping of a person in custody by legal authority, esp. in response to a criminal charge.
arrest
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
arrest warrant
57
The crime of intentionally burning someone else's property (as to destroy a building) or one's own property (as to collect insurance).
arson
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.
articles of incorporation
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".
as is
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.
assault
61
1. The transfer of rights or property; the rights or property so transferred. 2. The instrument of transfer.
assignment
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.
assumption of the risk
63
The seizure or taking control of a person's property esp. to satisfy a judgment against that person. Cf. garnishment; sequestration.
attachment
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.
attempt
65
1. To bear witness; testify. 2. To affirm to be true or genuine; to authenticate by signing a witness.
attest
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.
attorney-client privilege
67
A dangerous condition that may attract children onto land, thus causing a risk to their safety.
attractive nuisance
68
Of or relating to a legal relationship that continues until either party wishes to terminate it.
at will
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.
authentication
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. ...
authority
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.
automatic stay
72
A final judgment or decision, esp. one by a jury or arbitrator assessing damages.
award
73
1. Dishonesty of belief or purpose. 2. ..... 3. .... Cf. good faith
bad faith
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.
bail
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.
bailment
76
One who delivers personal property to antother as a bailment.
bailor
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.
bankruptcy
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....
bar
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.
battery
80
A person who possesses a negotiable instrument marked "payable to bearer" or indorsed in blank.
bearer
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.
bench
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.
bench trial
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.
bench warrant
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.
beneficiary
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
bequest
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.
best-evidence rule
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.
beyond reasonable doubt
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.
bill
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.
bill of rights
90
One or more legal principles that are fundamental and well settled.
black-letter law
91
The citation guide - formally titled A Uniform System of Citation - that is generally considered the authoritative reference for the U.S legal citations.
Bluebook
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.
boilerplate
93
[Larin "in good faith"] 1. Made in good faith; without fraud or deceit. 2. Sincere; genuine. Se good faith
bona fide
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.
bona fide purschaser
95
1. A written promise to pay money or do some act if certain circumstances occur. 2. A long-term, interest-bearing debt instrument ...
bond
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.
book
97
A concerted refusal to do business with a party in order to express disapproval of that party's practice.
boycott
98
Violation of a contractual obligation, either by failing to perform one's promise or by interfering with the other party's performance.
breach of contract
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.
breaking or entering
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
bribery
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.
brief
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"
burden of persuasion
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.
burden of proof
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
burglary
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.
business-judgment rule
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.
bylaw
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.
capacity
108
1. Money or assets invested, or available for investment, in a business. 2. ... 3. ....
capital
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.
care
110
A proceeding, action, suit, or controversy at law or in equity.
case
111
The part of a trial in which the party with the burden of proof presents evidence.
case-in-chief
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.
cause of action
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.
caveat emptor
114
The annual collection of executive-agency regulations published in the daily Federal Register, combined with previously issued regulations that are still in effect.
CFR: Code of Federal Regulations
115
The movement and location of evidence from the time it is obtained to the time it is presented in court.
chain of custody
116
1. The ownership history of piece of land, from its first owner to the present one. 2. ...
chain of title
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.
challenge
118
A judge's private office.
chambers
119
The removal of a case from one locale to another, usu. because of questions of fairness. Also termed transfer of venue. See venue.
change of venue
120
A witness who testifies about another person's character traits or community reputation.
character witness
121
1. A formal accusation of a crime as a preliminary step in prosecution. 2. Jury charge
charge
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
charter
123
A draft that is signed by the maker or drawer, drawn on a bank, payable on demand, and unlimited in negotiability.
check
124
A parent's legal obligation to contribute to the economic maintenance and education of children.
child support
125
In conflict laws, the question of which jurisdiction's law should apply in a given case.
choice of law
126
Evidence based on interference rather than on personal knowledge or observation. It also termed indirect evidence.
circumstantial evidence
127
1. ... 2. Differential treatment; ....
discrimination
128
The refusal to pay or accept a negotiable instrument (such as a check) when it is presented.
dishonor
129
Termination of an action or claim without further hearing, esp. before trial of the issues involved.
dismissal
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.
disposition
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.
dissent
132
The passing of intestate personal property to heirs. Cf. descent.
distribution
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.
diversity jurisdiction
134
A portion distributed proportionally to shareholders.
dividend
135
The legal dissolution of a marriage by a court.
divorce
136
1. .... 2.. A schedule of pending cases.
docket
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.
doctor-patient privilege
138
The body of law dealing with marriage, divorce, adoption, child custody, and support ...
domestic relations
139
1. The place where a person is physically present and thatthe person regards as home; ...
domicile
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.
double jeopardy
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.
draft
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.
due process
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 ...
Due Process Clause
144
Compulsion (esp. the threat of physical harm) illegally exercised to force a person to do something against his or her will.
duress
145
1. A legal obligation imposed by law assumed voluntarily, for which somebody else has a corresponding right.
duty
146
Svenska: servitut. Def. "to use another's land"
easement
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.
ejectment
148
The fraudulent taking of personal property with which one has been entrusted ...
embezzlement
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.
eminent domain
150
Pain or suffering affection the mind often as a result of a physical injury.
emotional distress
151
One who works under another ...
employee
152
[French "on the bench"] 1. Of or relating to a session in which the full membership of the court participates.
en banc
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.
encumbrance
154
To legally prohibit or restrain by injunction. See the injunction.
enjoin
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.
entrapment
156
A constitutional requirement guaranteeing that similarly, situated persons will receive the same legal rights. Also termed equal protection of the laws.
equal protection
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
Equal Protection Clause
158
1. Fairness 5. An ownership interest in property, esp. of shareholders in a business.
equity
159
A mistake of law or of fact in a lower court's proceedings.
error
160
Revision of property to the state upon the death of an owner who has neither a will nor any legal heirs.
escheat
161
... escrow account
escrow
162
The constitutional provision prohibiting the government from creating a church or favoring a particular religion.
Establishment clause
163
1. All of a person's property as a whole. 2. ...
estate
164
A tax imposed on the estate
estate tax
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.
estoppel
166
The act or process of legally dispossessing a person of land or rental property.
eviction
167
1. A perceptible thing that tends to establish the truth or falsity of an alleged fact.
evidence
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.
exclusionary rule
169
1. A reason that justifies an act or omission or relieves one of a duty. 2. ...
excuse
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.
execution
171
One who is appointed by a testator, usu. in the will, to administer the testator's estate.
executor
172
See punitive damages
exemplary damages
173
1. ... 2. Personal property that a surviving spouse is automatically entitled to receive from the decedent's estate.
exempt property
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.
exhaustion of remedies
175
1. A document, record or other tangible object formally introduced as evidence in court.
exhibit
176
[Latin "from the part"] 1. On or from one party only, usu. without notice to or argument from the adverse party.
ex parte
177
A witness qualified by knowledge, skill, experience, training or education to provide scientific, technical or other specialized, training or education ...
expert witness
178
A law passed after an action in order to retroactively change the legal treatment of the action to the disadvantage of the actor.
ex post facto law
179
Clearly unmistakably communicated; directly stated rather than implied. Cf. implied
express
180
The removal of a conviction (esp. for a first offense) from a person's criminal record. X does not occur automatically ...
expungement of record
181
The act or practice of obtaining something or compelling some action by illegal means, such as forces or coercion. (utpressning)
extortion
182
The surrender of an alleged criminal by one state or nation to another having jurisdiction over the crime charged. (Utlämning)
extradition
183
One who personally observes an event.
eye witness
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.
fact-finder
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.
false imprisonment
186
The crime of knowingly obtaining title to another's personal property by means of misrepresentation a fact with the intent to defraud.
false pretenses
187
The body of law dealing with marriage, divorce ...
family law
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.
federal-question jurisdiction
189
A daily publication in wich US administrative agencies publish their rules and regulations, including proposed rules and regulations for public comment.
Federal Register
190
1. A charge for labor or servies, esp. professional service.
fee
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.
fee simple
192
A serious crime usu. punished by imprisonment for more than a year or by death.
felony
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.
felony-murder rule
194
1. One who must exercise in a high standard of care in managing another's money or property. (förtroendeman)
fiduciary
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.
fiduciary relationship
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.
file
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.
finding of fact
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.
First Amendment
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.
fixture
200
An event or effect that can be neither anticipated nor controlled. Cf. act of God
force majeure
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.
foreclosure
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)
forfeiture
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)
forgery
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.
forum non conveniens
205
The practice of choosing the most favorable jurisdiction or court in which a claim might be heard.
forum-shopping
206
1. The principle that a document's meaning is to be gathered from the entire document and not from its isolated parts.
four-corners rule
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.
Fourteenth amendment
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.
franchise
209
1. A knowing misrepresentation of the truth or concealment of a material fact to induce another to act to his or her injury.
fraud
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.
friendly suit
211
A lawsuit having no legal basis, often filed to harass the defendant.
frivolous suit
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.
frustration
213
The constitutional provision Section 1) requiring states to recognize and enforce the legislative acts, public records and judicial decisions of other states.
Full Faith And Credit Clause
214
1. A right derived from natural or fundamental law.
fundamental right
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.
future interest
216
A judge order directing parties, attorneys or witnesses tp refrain from publicly discussing the facts of a case.
gag order
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.
garnishment
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
general partnership
219
A tax imposed when property is voluntarily and gratuitously transferred.
gift tax
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
good faith
221
Tangible or movable personal property exp. items of merchandise.
goods
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.
Good Samaritan law
223
A statutory or regulatory clause that exempts a class of persons or transactions because of circumstances existing before the clause takes effect.
grandfather clause
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.
grand jury
225
1. To give or confer (a thing) with or without compensation. 3. To permit or agree to.
grant
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)
gross negligence
227
1. The act of giving security; the assurance that a contract or legal act will be duly carried out.
guarantee
228
A promise to answer for someone else's best esp. in financial and banking contexts.
guaranty
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.
gurdian
230
A guardian, usu. a lawyer, appointed by the court to appear in a lawsuit on behalf of an incompetent or minor party.
guradian ad litem
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.
habeas corpus
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.
headnote
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.
hearing
234
An assertion, other than one made by the witness while testifying, offered in evidence to prove the truth or the matter asserted.
hearsay
235
Rage, terror or furious hatred suddenly aroused by some immediate provocation.
heat of passion
236
1. A person who, under the laws of intestacy, is entitled to receive an intestate decedent's property, esp. real property.
heir
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.
holder in due course
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.
holding
239
A tenant who continues to occupy the leased premises after the lease has expired or has been legally terminated.
holdover tendant
240
A will that is entirely handwritten by the testator.
holographic will
241
The house, outbuildings, and adjoining land owned and occupied by a person of family as its principal residence.
homestead
242
The killing of one person by another.
homicide
243
To accept or pay when presented.
honor
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.
hostile witness
245
A jury that cannot reach a verdict by the required voting margin.
hung jury
246
[Latin idem "same"]
id
247
[Latin " in the manner of a pauper"] In the manner of an indigent who has permission to disregard filing fees and court costs.
IFP: in forma pauperis
248
Lacking any logical connection with the consequential facts; unimportant. Cf. irrelevant.
immaterial
249
1. Any exemption from duty, liability, or service of process; esp. such an exemption granted to a public official.
immunity
250
1. To accuse of a crime in office by presenting a written charge to an appropriate tribunal.
impeach
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.
impleader
252
Not directly stated or made known.
implied
253
A warranty arising by operation of law because of the circumstances of a sale, rather by the seller's express promise.
implied warranty
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).
impossibility
255
An addition to real property, whether permanent or not; esp one that increases its value or utility or that enhances its appearance.
impovement
256
Not allowable or worthy of being admitted as evidence.
inadmissible
257
Incapable of being transferred or surrendered.
inalienable
258
[Latin: "in chambers"] 1. In the judge's private chambers.
in camera
259
1. Not yet completed or perfected.
inchoate
260
Lack of legal ability in some respect, esp. to stand trial or to testify. (obehörighet)
incompetency
261
1. The formation of a legal corporation.
incorporation
262
Having a conceptual existence but no physical existence; intangible.
incorporeal
263
1. To charge (someone) with a crime. (anklagelse)
incriminate
264
The quality or state of being offensive, esp. in a vulgar or sexual way.
indecency
265
1. To reimburse (another) for a loss suffered because of a third party's act or default.
indemnify
266
1. A duty to make good any loss, damage, or liability another has incurred.
indemnity
267
One who is hired to complete a specific project but how is left free to choose the methods for accomplishing the work.
independent contractor
268
In criminal law, the legal certification, usually by jury verdict, that an accused person is not guilty of the charged crimes.
acquittal
269
A party's duty to introduce enough evidence to have a given issue considered by the fact-finder.
burden of production
