Legal terms Week 9-14 (Part 4)

Question 1

1. A system of organized crime traditionally involving of money from businesses by intimidation. violence, or other illegal The practice of engaging in a fraudulent scheme or enterprise.

Answer 1

racketeering

Question 2

1. The common-law felony of having sexual intercourse with a woman without her consent. usu. by force or threat of force. 2. Under modern statutes. unlawful sexual intercourse with a person without his or her consent. Cf. sexual assault.

Answer 2

rape

Question 3

1. Confirmation and acceptance of a previous act, thus making the act valid from. the moment it was done.. 2. In contract law, a person’s binding adoption of an act already completed but either not done in a way that originally produced a legal obligation or done by a stranger having at the time no authority to act as the person’ s agent.

Answer 3

ratification

Question 4

[Latin “the reason for deciding”] ·The principle or rule of law on which a court’s decision is founded.

Answer 4

ratio decidendi

Question 5

Land and anything growing on, attached to, or · erected on it, excluding anything that may be severed without injury to the land. X can be either tangible (soil and buildings) or intangible (easements). Also termed realty: real estate. · Cf. personal property.

Answer 5

real property

Question 6

As a test of liability for negligence, the degree of care that an ordinarily prudent and competent person engaged in · the same conduct or endeavor should exercise under similar circumstances. See reasonable person.

Answer 6

reasonable care

Question 7

A person entitled under the substantive law to enforce the right sued upon and who generally. but not necessarily, benefits from the action’s final outcome.

Answer 7

real party in interest

Question 8

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 8

reasonable doubt

Question 9

A hypothetical person used as a legal standard, esp. to determine whether someone acted negligently. The X acts sensibly, does things without serious delay, and takes proper but not excessive precautions.

Answer 9

reasonable person

Question 10

A particularized and objective basis. supported by specific and articulable facts, for suspecting a person of criminal activity. A police officer must have X to stop a person in a public place. See stop and frisk. Cf. probable cause.

Answer 10

reasonable suspicion

Question 11

An inference drawn from certain facts that establish a prima facie case, which may be overcome by the introduction of contrary evidence. Cf. conclusive presumption.

Answer 11

rebuttable presumption

Question 12

1. In-court contradiction of an adverse party’s evidence. 2. The time given to a party to present contradictory evidence or arguments.

Answer 12

rebuttal

Question 13

1. An account or· description of some fact or thing. 2. A preliminary statement in a contract or deed explaining the background of the transaction or showing the existence of particular facts.

Answer 13

recital

Question 14

1. Conduct by which the actor does not desire harmful consequence but nonetheless foresees the possibility and consciously takes the risk. X involves a greater degree of fault than negligence but a lesser degree of fault than intentional wrongdoing. 2. The state of mind in which a person ·does not care about the consequences of his or her actions.

Answer 14

recklessness

Question 15

1. A written account of past events, usu. designed to memorialize those events. 2. The official report of the proceedings in a case. including the filed papers, a verbatim transcript, and tangible exhibits.

Answer 15

record

Question 16

The removal or disqualification of a judge in a particular case, esp. because of a conflict of interest.

Answer 16

recusal

Question 17

1. The act or an instance of reclaiming or regaining possession by paying a specific price; esp. the payment of a· defaulted mortgage debt by a borrower who does not want to lose the property. 2. In bankruptcy, a debtor’s right to repurchase property from a buyer who obtained the property at a forced sale initiated by a creditor. 3. In corporate law, the reacquisition of a security by the issuer. X usu. refers to the repurchase of a bond before maturity, but it may also refer to the repurchase of stock and mutual-fund shares.

Answer 17

redemption

Question 18

1. In criminal law, the improvement of a criminal’s character so that he or she can function in society without committing crimes in the future. 2· In evidence, the restoration of a witness’s credibility after the witness has been impeached on cross-examination. 3. In bankruptcy law. the process of reorganizing a debtor’s financial affairs so that the debtor may continue to exist as a financial entity and creditors may satisfy their claims from the debtor’s future earnings.

Answer 18

rehabilitation

Question 19

1. Liberation from an obligation, duty, or demand: the act of giving up a right or claim to the person against whom it could have been enforced. 2. A written discharge, acquittance. or receipt.

Answer 19

release

Question 20

Tending to prove or disprove a fact that is of consequence in a case.

Answer 20

relevant

Question 21

The enforcement of a right or the redress of an injury, esp. by monetary damages.

Answer 21

relief

Question 22

A future interest arising in a third person - that is, someone other than the creator of the estate or the creator’ s heirs - who is intended to take after the natura! termination of the preceding estate. For example, if a grant is “to A for life, and then to B,” B’s future interest is a X.

Answer 22

remainder

Question 23

1. To send (a case) back to the court from which it came for some further action. 2. To recommit (an accused) to custody after a preliminary examination.

Answer 23

remand

Question 24

The enforcement of a right or the redress of an injury, esp. by monetary damages. Also termed relief.

Answer 24

remedy

Question 25

1. The transfer or moving of a person or thing from one location, position, or residence to another. 2. The transfer of an action from one court to another, esp. from a state court to a federal court.

Answer 25

removal

Question 26

1. To issue or announce formally. 2. To deliver or perform.

Answer 26

render

Question 27

1. The express or tacit abandonment of a right without transferring
   another. 2. In criminal law, complete and voluntary abandonment of criminal purpose - sometimes coupled with an attempt to thwart the activity’s success - before a crime is committed. Renunciation can be an affirmative defense to attempt, conspiracy, and the like. 3. In wills and estates, the act of waiving a right under a will and claiming instead a statutory share.

Answer 27

renunciation

Question 28

A plaintiff’s response to a defendant’s allegation or counterclaim.

Answer 28

reply

Question 29

1. A presentation of fact - either by words or by conduct - made to induce someone to act, esp. to enter into a contract. Cf. misrepresentation. 2. The act or an instance of standing for or acting on behalf of another, esp. by a lawyer on behalf of a client. 3. The assumption by an heir of the rights and obligations of his or her predecessor. See per stirpes.

Answer 29

representation

Question 30

The rejection or refusal of a duty or obligation (esp. a contractual one).

Answer 30

repudiation

Question 31

In pretrial discovery, a party’s written factual statements served on another party who must admit, deny or object to the substance of each statement. The admissions will be treated by the court as established, and therefore do not have to be proved at trial.

Answer 31

request for admission

Question 32

In pretrial discovery, a party’s written request that another party present specified documents or other tangible things for inspection and copying by the requesting party.

Answer 32

request for production

Question 33

1. An object, interest, or status, as opposed to a person. 2. A trust corpus.

Answer 33

res

Question 34

1. A party’s unilateral unmaking of a contract for a legally sufficient reason, such as the other party’s material breach. X is generally available as a remedy or defense for the nonbreaching party and restores the parties to their precontractual positions. 2. An agreement by contracting parties to discharge all remaining duties of performance and terminate the contract.

Answer 34

rescission

Question 35

[Latin “things done”] The events at issue, or other events contemporaneous with them. In the law of evidence, words and statements about the X are usu. admissible under a hearsay exception.

Answer 35

res gestae

Question 36

[Latin “the thing speaks for itself”] 1. In tort law, the doctrine that in some circumstances, the mere fact of an accident’s occurrence raises an inference of negligence sufficient to establish a prima facie case. 2. In criminal Law a test used to determine whether a defendant has gone beyond preparation and committed an attempt, based on whether the defendant’s act itself indicated to an observer what the defendant intended to do.

Answer 36

res ipsa loquitur

Question 37

[Latin “a thing adjudicated”] 1. An issue that has been definitively settled by judicial issue.

Answer 37

res judicata

Question 38

[Latin “let the master respond”] The common-law doctrine holding an employer or principal liable for the employee’s or agents actions (including torts) committed during the scope of employment. See vicarious liability.

Answer 38

respondeat superior

Question 39

1. The party against whom an appeal is taken: an appellee. 2. The party against whom a motion or petition is filed. Cf. petitioner.

Answer 39

respondent

Question 40

(Of a litigant) to voluntarily conclude presenting evidence in a trial.

Answer 40

rest

Question 41

1. The return or restoration of some specific thing to its rightful owner or status. 2. Compensation for benefits derived from a wrong done to another. 3. Compensation or reparation for the loss caused to another. X is available in tort and contract law and is sometimes ordered as a condition of probation in criminal law.

Answer 41

restitution

Question 42

1. A court order prohibiting or restricting a person from harassing, threatening, and sometimes even contacting or approaching another specified person. This type of X is issued most commonly in cases of- domestic violence. · Also termed · protection ·order: protective order.

Answer 42

restraining order

Question 43

A trust imposed by law when someone transfers property under circumstances ·suggesting that he or she did not intend the transferee to have the beneficial interest in the property. Cf. constructive trust.

Answer 43

resulting trust

Question 44

1. A client’s authorization for a lawyer to act in a case. 2. A fee paid to a lawyer to secure legal representation.

Answer 44

retainer

Question 45

To set aside or nullify. Cf. affirm.

Answer 45

reverse

Question 46

A future interest in land arising by operation of law whenever an estate owner grants to another a particular estate, such as a lite estate or a term of years, but does not dispose of the entire interest. A X occurs automatically upon termination of the prior estate, as when a lite tenant lies.

Answer 46

reversion

Question 47

1. An annulment. cancellation, or reversal, usu. of an act or power. 2. In contract law. withdrawal of an offer by the offeror. 3. In wills and estates, invalidation of · a will by the testator, either by destroying the will or executing a new one.

Answer 47

revocation

Question 48

An interest · or expectation guaranteed by law: a legally recognized and protected interest the violation of which is a wrong.

Answer 48

right

Question 49

The right of a property owner who survives a co-owner’s death to take the co-owner’s share and own the property in full. The X exists in a joint tenancy but not in a tenancy in common.

Answer 49

right of survivorship

Question 50

1. The right, established by usage or by contract, to pass through grounds or property owned by another. See easement. 2. The right to. take precedence in traffic.

Answer 50

right of way

Question 51

The illegal taking of property from the person of another, or in the person’s presence. by violence or intimidation. Cf. burglary.

Answer 51

robbery

Question 52

1. A payment made to an author or inventor for each copy of a work or article sold under a copyright or patent. 2. A share of the product or profit from real property, reserv ed by the grantor of a mineral lease in exchange for the lessee’s right to mine or drill on the land.

Answer 52

royalty

Question 53

In property law, the rule prohibiting a grant of an estate unless the interest must vest, if at all, no later than 21 years after the death of some person alive when the interest is created.

Answer 53

rule against perpetuities

Question 54

The transfer of property for a price; the agreement by which such a transfer takes place.

Answer 54

sale

Question 55

1. A recognized authority’s official approval or confirmation of an action. 2. An enforcement mechanism used to ensure compliance with the law, international agreements, or court rules and orders by either imposing a penalty for violations or offering a reward for observances; the penalty imposed or reward offered under such a mechanism.

Answer 55

sanction

Question 56

1. The giving of something with the intention, express or implied, that it is to extinguish some existing legal or moral obligation. X differs from performance because it is always something given as a substitute for or equivalent of something else, while performance is the identical thing promised to be done. 2. The fulfillment of an obligation; esp., the payment in full of a debt.

Answer 56

satisfaction

Question 57

[Latin “knowingly”) 1. The fact of an act’s having been done knowingly, esp. as a ground for damages or criminal punishment. 2. Prior knowledge or intention. 3. Loosely, guilty knowledge; mens rea.

Answer 57

scienter

Question 58

A judge’s written order, on behalf of the state, authorizing a law-enforcement officer to search for and seize evidence at a specified location. Cf. arrest warrant.

Answer 58

search warrant

Question 59

A business arrangement by which a buyer or borrower gives collateral to the seller or lender to guarantee payment of an obligation.

Answer 59

secured transaction

Question 60

1. Collateral given or pledged to guarantee the fulfillment of an obligation. 2. An instrument that evidences the holder’s ownership rights in a firm (such as a stock), the holder’s creditor relationship with a firm or government (such as a bond), or the holder’s other ownership rights.

Answer 60

security

Question 61

The act or an instance of a fiduciary’s using another’s property for his or her own benefit.

Answer 61

self-dealing

Question 62

The use of force to protect oneself from a real or threatened attack. Generally, a person is justified in using a reasonable amount of force in X if he or she believes that bodily harm is imminent and that force is necessary to avoid this harm. In many states in the U .S., the justification is extended to include the defense of other persons or of one’s property.

Answer 62

self-defense

Question 63

An act or declaration by which a party explicitly or implicitly admits a personal involvement with a crime. Under the Fifth Amendment to the United States Constitution a person has a constitutional privilege against X.

Answer 63

self-incrimination

Question 64

The judgment that a court formally pronounces after finding a criminal defendant guilty; the punishment imposed on a criminal wrongdoer.

Answer 64

sentence

Question 65

Property that a spouse owned before marriage or acquired during marriage through an inheritance or by gift from a third party, or property acquired during marriage but after the spouses have entered into a separation agreement and begun living apart. Cf. community property.

Answer 65

separate property

Question 66

1. The process by which property is removed from its possessor pending the outcome of a dispute in which two or more parties contend for it. Cf. attachment: garnishment. 2. Custodial isolation of a jury to prevent tampering and exposure to publicity, or of witnesses to prevent them from hearing the testimony of others.

Answer 66

sequestration

Question 67

1. The f ormal delivery of a writ. summans. or other legal process. Also termed service of process. 2. The formal delivery of some other legal notice, such as a pleading.

Answer 67

service

Question 68

1. A defendant’s counterdemand against the plaintiff. ansmg out of a transaction independent of the plaintiff’s claim. 2. A debtor’s right to reduce the amount of a debt by any sum the creditor owes the debtor: the counterbalancing sum owed by the creditor.

Answer 68

set-off

Question 69

1. An agreement to end a dispute or lawsuit. 2. A real-estate closing. 3. The closing of a decedent’s estate by the executor.

Answer 69

settlement

Question 70

To separate (a claim or party) into distinct actions to avoid prejudice against a party or for judicial convenience.

Answer 70

sever

Question 71

The intentional touching of another person in a sexual way without that person’s consent.
A type of employment discrimination consisting in verbal or physical abuse of a sexual nature.

Answer 71

sexual assault

Question 72

The person in whose name stock is issued and registered by the corporation. Also termed stockholder.

Answer 72

shareholder

Question 73

An order directing a party to appear in court and explain why the party took (or failed to take) some action or why the court should or should not grant some relief. A show-cause order is usu. issued in a contempt proceeding. Cf. OSC: order to show cause.

Answer 73

show-cause order

Question 74

A defamatory statement expressed in a transitory form, esp. speech. Unlike libel, damages from X are not presumed and thus must be proved by the plaintiff (unless the defamation is slander per se). See defamation. Cf. libel.

Answer 74

slander

Question 75

A court that informally and expeditiously adjudicates claims that seek damages below a specified monetary amount, usu. a claim to collect a small account or debt.

Answer 75

small-claims court

Question 76

Any method of determining whether a person is intoxicated, including coordination tests and mechanical devices that measure the blood-alcohol content of a person’s breath sample.

Answer 76

sobriety test

Question 77

A form of business in which one person owns all the assets, awes all the liabilities, and conducts affairs in his or her own capacity, often under an assumed name.

Answer 77

sole proprietorship

Question 78

1. The criminal offense of urging, advising, commanding, or otherwise inciting another to commit a crime. 2. An offer to pay or accept money in exchange for sex. 3. An attempt or effort to gain business. Some states in the United States place certain prohibitions on lawyers’ direct X of potential clients.

Answer 78

solicitation

Question 79

1. A government’s immunity from being sued in its own courts without its consent. Congress has waived much of the federal government’s X. 2. A state’s immunity from being sued in federal court by the state’s own citizens.

Answer 79

sovereign immunity

Question 80

The intent to accomplish the precise criminal act that one is later charged with. At common law, the X crimes were robbery, assault, larceny, burglary, forgery, false pretenses, embezzlement, attempt, solicitation, and conspiracy.

Answer 80

specific intent

Question 81

A court-ordered remedy that requires precise fulfillment of a legal or contractual obligation when monetary damages are inappropriate or inadequate, as when the sale of real estate or rare articles is involved. X is an equitable remedy that lies within the court’s discretion to award whenever the common-law remedy is insufficient, either because damages would be inadequate or because the damages could not possibly be established.

Answer 81

specific performance

Question 82

See alimony.

Answer 82

spousal support

Question 83

In the law of negligence, the degree of care that a reasonable person should exercise.

Answer 83

standard of care

Question 84

A party’s right to make a legal claim or seek judicial enforcement of a duty or right.

Answer 84

standing

Question 85

[Latin “to stand by things decided”) The doctrine of precedent, under which it is necessary for courts to follow earlier judicial decisions when the same points arise again in litigation. See precedent.

Answer 85

stare decisis

Question 86

Anything done by a government; esp., in constitutional law, an intrusion on a person’s rights (esp. civil rights) either by a governmental entity or by a private requirement that can be enforced only by governmental action (such as a racially restrictive covenant, which requires judicial action for enforcement).

Answer 86

state action

Question 87

A party’s presentation of the facts leading up to surrounding a legal dispute, usu. recited toward the beginning of a brief.

Answer 87

statement of facts

Question 88

A law enacted by a legislative body.

Answer 88

statute

Question 89

A statute that, in order to prevent fraud and perjury, requires certain contracts to be in writing and signed by the parties. Most X apply to the following types of contracts: (1) a contract of an executor or administrator to answer for a decedent’s debt; (2) a contract to guarantee the debt or duty of another; (3) a contract made in consideration of marriage; (4) a contract for the sale or transfer of an interest in land; (5) a contract that cannot be performed within one year of its making; and (6) a contract for the sale of goods valued at $500 or more.

Answer 89

statute of frauds

Question 90

A statute establishing a time limit for suing or for prosecuting a crime, based on the date when the claim accrues (usu. when the injury occurs). The purpose of such a statute is to require diligent prosecution of known claims, thereby providing finality and predictability in legal affairs and ensuring that claims will be resolved while evidence is reasonably available and fresh.

Answer 90

statute of limitations

Question 91

Unlawful sexual intercourse with a person under the age of consent (as defined by statute), regardless of whether it is against that person’s will.

Answer 91

statutory rape

Question 92

1. The postponement or halting of a proceeding, judgment, or the like. 2. An order to suspend all or part of a judicial proceeding or judgment resulting from that proceeding.

Answer 92

stay

Question 93

1. A material condition or requirement in an agreement. 2. A voluntary agreement between opposing parties concerning some relevant point.

Answer 93

stipulation

Question 94

1. The capital or principal fund raised by a corporation through subscribers’ contributions or the sale of shares. 2. A proportional part of a corporation’s capital, represented by the number of units (or shares) that one owns, and granting the holder the right to participate in the company’s general management and to share in its net profits or earnings.

Answer 94

stock

Question 95

A police officer’s brief detention, questioning, and search of a person for a concealed weapon when the officer reasonably suspects the person has committed or is about to commit a crime.

Answer 95

stop and frisk: Terry stop

Question 96

Liability that does not depend on actual negligence or intent to harm, but that is based on the breach of an absolute duty to make something safe. X most often applies to cases involving ultrahazardous activities or products liability.

Answer 96

strict liability

Question 97

A legal standard that is peculiar to a particular person and based on the person’s individual views and experiences. In criminal law, for example, premeditation is determined by a X because it depends on the defendant’s mental state. Cf. objective standard.

Answer 97

subjective standard

Question 98

Jurisdiction over the nature of the case and the type of relief sought; the extent to which a court can claim to affect the conduct of persons or the status of things. Cf. personal jurisdiction.

Answer 98

subject-matter jurisdiction

Question 99

A lease by a lessee to a third party, .conveying some or all of the leased property for a shorter term than that of the lessee, who retains a reversion in the lease.

Answer 99

sublease

Question 100

A court order commanding the appearance of a witness, subject to penalty for noncompliance.

Answer 100

subpoena

Question 101

A subpoena ordering the witness not only to appear but also to bring specified documents.

Answer 101

subpoena duces tecum

Question 102

1. The substitution of one party for another whose debts the party pays, entitling the paying party to rights, remedies, or securities that would otherwise go to the debtor. For example, a surety who has paid on the principal debtor’s debt is entitled to X to all the securities held by the creditor and to any judgment in which the debt has been merged, and the surety may enforce those securities and rights against the debtor in any way in which the creditor might have enforced them. 2. The principle under which an insurer that has paid the loss under an indemnity policy is entitled to take on all the rights and remedies belonging to the insured against a third party with respect to any injuries or breaches covered by the policy.

Answer 102

subrogation

Question 103

The equitable rule that, if a good-faith attempt to perform does not precisely meet the terms of the agreement, the agreement will still be considered complete if the essential purpose of the contract is accomplished.

Answer 103

substantial-performance doctrine

Question 104

The part of the law that creates. defines, and regulates the rights, duties, and powers of parties. Cf. procedural law.

Answer 104

substantive law

Question 105

The acquisition of rights or property by inheritance under the laws of descent and distribution.

Answer 105

succession

Question 106

A judgment granted on a claim about which there is no genuine issue of material fact and upon which the movant is entitled to prevail as a matter of law. This procedural device allows the speedy disposition of a controversy without the need for trial.

Answer 106

summary judgment

Question 107

A lawyers final statment to the judge…

Answer 107

summation

Question 108

1. A writ or process commencing the plaintiff’s action and requiring the defendant to appear and answer. 2. A notice requiring a person to appear in court as a juror or witness.

Answer 108

summons

Question 109

A pleading that either corrects a defect in an earlier pleading or addresses facts arising since the earlier pleading was filed. Unlike an amended pleading, a X merely adds to the earlier pleading and does not replace it. Cf. amended pleading.

Answer 109

supplemental pleading

Question 110

1. A trial judge’s ruling that evidence that a party has offered should be excluded because it was illegally acquired. 2. The destruction of evidence or the refusal to give evidence at a criminal proceeding. 3. The prosecution’s withholding from the defense of evidence that favors the defendant.

Answer 110

suppression of evidence

Question 111

[Latin “above”) Earlier in this text. Supra is used as a citational signal to refer to a previously cited authority. Cf. infra.

Answer 111

supra

Question 112

1. A person who is primarily liable for the payment of another’s debt or the performance of another’s obligation. Although a X is similar to an insurer, one important difference is that a surety often receives no compensation for assuming liability. 2. A formal assurance; esp., a pledge, bond, guarantee, or security given for the fulfillment of an undertaking.

Answer 112

surety

Question 113

A lawsuit brought on behalf of a decedent’s estate for injuries or damages incurred by the decedent immediately before death. Cf. wrongful-death action.

Answer 113

survival action

Question 114

See right of survivorship.

Answer 114

survivorship

Question 115

(Of a court) to uphold or rule in favor of.

Answer 115

sustain

Question 116

Conduct that expresses an opinion or conveys a message, such as a hunger strike or the wearing of an armband. As with purely oral or written expression, X is generally protected under the First Amendment to the United States Constitution.

Answer 116

symbolic speech

Question 117

A court order preserving the status quo until the plaintiff’s application for a preliminary or permanent injunction can be heard. A X may be granted without notifying the defendant in advance. Abbr. TRO. Often shortened to restraining order. Cf. injunction.

Answer 117

temporary restraining order

Question 118

1. The possession or occupancy of land by right or title, esp. under a lease: a leasehold interest in real estate. 2. The period of such possession or occupancy.

Answer 118

tenancy

Question 119

1. One who holds or possesses real property by any kind of right or title. 2. One who pays rent for the temporary use and occupation of another’s real property under a lease or similar arrangement.

Answer 119

tenant

Question 120

1. An unconditional offer of money or performance to satisfy a debt or obligation. The X may save the tendering party from a penalty for nonpayment or nonperformance or may, if the other party unjustifiably refuses the tender, place the other party in default. 2. An offer or bid put forward for acceptance. 3. Something that serves as a means of payment, such as coin, bank notes, or other circulating medium; money.

Answer 120

tender

Question 121

The fact or condition of leaving a valid will at one’s death. Cf. intestacy.

Answer 121

testacy

Question 122

A will that disposes of personal property.

Answer 122

testament

Question 123

To give evidence under oath or affirmation as a witness.

Answer 123

testify

Question 124

Evidence that a witness under oath or affirmation gives at trial or in an affidavit or deposition.

Answer 124

testimony

Question 125

1. The felonious taking and removing of another’s personal property with the intent of depriving the true owner of it; larceny. 2. Broadly, any act or instance of stealing, including larceny, burglary, embezzlement, and false pretenses. Many modern penal codes have consolidated these property offenses under the name “X.”

Answer 125

theft

Question 126

One who is not a party to a lawsuit, agreement, or other transaction but who is somehow involved in the transaction; someone other than the principal parties.

Answer 126

third party

Question 127

A person who is not a party to a contract but who stands to benefit from the contract’s performance. For example, if A and B agree to a contract under which В will render some performance to C, then C is a X.

Answer 127

third-party beneficiary

Question 128

1. The union of all elements (as ownership, possession, and custody) constituting the legal right to control and dispose of property; the legal link between a person who owns property and the property itself. 2. Legal evidence of a person’s ownership rights in property; an instrument (such as a deed) that constitutes such evidence. 3. The heading of a legal document or proceeding. 4. A subdivision of a statute or code.

Answer 128

title

Question 129

1. A civil wrong for which a remedy may be obtained, usu. in the form of damages; a breach of a duty that the law imposes on everyone. 2. (pl.) The branch of law dealing with such wrongs.

Answer 129

tort

Question 130

A word, phrase, logo, or other graphic symbol used by a manufacturer or seller to distinguish its products from those of others. To receive federal protection, a trademark must be (1) distinctive rather than merely descriptive, (2) affixed to a product that is actually sold in the marketplace, and (3) registered with the U.S. Patent and Trademark Office. Often shortened to mark.

Answer 130

trademark

Question 131

A formula, process, device, or other business information that is kept confidential in order to maintain an advantage over competitors.

Answer 131

trade secret

Question 132

A handwritten, printed or typed copy; esp. the official copy of the record of proceedings in a trial or hearing, as taken down by the court reporter.

Answer 132

transcript

Question 133

See change of venue.

Answer 133

transfer of venue

Question 134

An unlawful act committed against the person or property of another; esp. wrongful entry on another’s real property.

Answer 134

trespass

Question 135

A formal judicial examination and determination of evidence and legal claims in an adversary proceeding.

Answer 135

trial

Question 136

A grand jury’s notation that a criminal charge should go before a petit jury for trial. Cf. no bill.

Answer 136

true bill

Question 137

1. A fiduciary relationship in which property is held by one party (the trustee, who has legal title) at the request of another (the settlor) for the benefit of a third party (the beneficiary, who has equitable title). For a X to be valid, it must involve specific property, reflect the settlor’s intent, and be created for a lawful purpose. 2. The property so held. See fiduciary relationship.

Answer 137

trust

Question 138

In tort law, an activity (such as dynamiting) for which the actor is held strictly liable because the activity (1) involves the risk of serious harm to persons or property; (2) cannot be performed without this risk, regardless of the precautions taken; and (3) does not ordinarily occur in the community. See strict liability.

Answer 138

ultrahazardous activity

Question 139

Beyond the scope of power allowed or granted by a corporate charter or by law; unauthorized.

Answer 139

ultra vires

Question 140

1. (of a person) having no conscience; unscrupulous. 2. (Of an act or transaction) showing no regard for conscience; affronting the sense of justice, decency, or reasonableness.

Answer 140

unconscionable

Question 141

The improper use of power or trust in a way that deprives a person of free will and substitutes another’s objective. Consent to a contract, transaction, or relationship is voidable if the consent is obtained through X . For example, when a beneficiary unduly influences the making of a will, a probate court may invalidate that will.

Answer 141

undue influence

Question 142

1. Dishonest or fraudulent rivalry in trade and commerce; esp. the practice of trying to substitute one’s own goods or products in the market for those of another by means of imitating or counterfeiting the name, brand, size, shape or other distinctive characteristic of the article or packaging. 2. The body of law protecting the first user of such a name, brand, size, shape, or other distinctive characteristic against an imitating or counterfeiting competitor.

Answer 142

unfair competition

Question 143

An erroneous belief by only one party to a contract. A unilateral mistake is usu. not grounds for rescission of the contract. Cf. mutual mistake.

Answer 143

unilateral mistake

Question 144

A benefit obtained from another, not intended as a gift and not legally justifiable, for which the beneficiary must make restitution or recompense. 2. The area of law dealing with unjustifiable benefits of this kind.

Answer 144

unjust enrichment

Question 145

1. The crime of lending money at an illegally high rate of interest. 2. An illegally high rate or amount of interest.

Answer 145

usury

Question 146

1. To nullify or cancel. possession of; to leave. 2. To physically surrender occupancy or possession of; to leave.

Answer 146

vacate

Question 147

A panel of persons who have been selected for jury duty and from among whom the jurors are to be chosen. Also termed array; jury panel.

Answer 147

venire

Question 148

(Law French “coming”] 1. The proper or a possible place for the trial of a lawsuit, usu. because the place has some connection with the events that have given rise to the lawsuit. 2. The county or other territory over which a trial court has jurisdiction. Cf. jurisdiction.

Answer 148

venue

Question 149

1. A jury’s finding or decision on the factual issues of a case. 2. Loosely, in a nonjury trial, a judge’s resolution of the issues of a case.

Answer 149

verdict

Question 150

1. A formal declaration made in the presence of an authorized officer, such as a notary public, by which one swears to the truth of the statements in the document. Cf. acknowledgment. 2. An oath or affirmation that an authorized officer administers to an affiant or deponent.

Answer 150

verification

Question 151

1. To confer ownership (of property) upon a person. 2. To invest (a person) with the full title to property. 3. To give (a person) an immediate, fixed right of present or future enjoyment.

Answer 151

vest

Question 152

Liability that a supervisory party (such as an employer) bears for the actionable conduct of a subordinate or associate (such as an employee) because of the relationship between the two. See respondeat superior.

Answer 152

vicarious liability

Question 153

Capable of being annulled; esp. (of a contract) capable of being affirmed or rejected at the option of one of the parties.

Answer 153

voidable

Question 154

(Law French “to speak the truth”] 1. A preliminary examination of a prospective juror by a judge or lawyer to decide whether the prospect is qualified and suitable to serve on a jury. 2. A preliminary examination to test the competence of a witness or evidence.

Answer 154

voir dire

Question 155

1. The voluntary relinquishment or abandonment - express or implied - of a legal right or advantage. Cf. estoppel. 2. The instrument by which a person relinquishes or abandons a legal right or advantage.

Answer 155

waiver

Question 156

1. A writ directing or authorizing someone to do an act, esp. one directing a law-enforcement officer to make an arrest, search, or seizure. 2. A document conferring authority, esp. to pay or receive money.

Answer 156

warrant

Question 157

1. In contract law, an express or implied undertaking that something in furtherance of the contract is guaranteed by one of the contracting parties; esp. a seller’s undertaking that the thing being sold is as represented or promised. 2. In property law, a covenant by which the grantor in a deed binds himself or herself, as well as any heirs, to secure to the grantee the estate conveyed in the deed, and pledges to compensate the grantee with other land if the grantee is evicted by someone having better title.

Answer 157

warranty

Question 158

Permanent harm to real property, other than normal wear and tear, committed by a tenant.

Answer 158

waste

Question 159

The persuasiveness of some evidence in comparison with other evidence. See burden of persuasion.

Answer 159

weight of the evidence

Question 160

A document in which a person directs how his or her estate should be distributed upon death.

Answer 160

will

Question 161

1. One who sees, knows, or vouches for something. 2. One who gives testimony under oath or affirmation, either orally or by affidavit or deposition.

Answer 161

witness

Question 162

A court’s written order, in the name of a state or other competent legal authority, commanding the addressee to do or refrain from doing some specified act.

Answer 162

writ

Question 163

A lawsuit brought on behalf of a decedent’s survivors for their damages resulting from a tortious injury that caused the decedent’s death. Cf. survival action.

Answer 163

wrongful-death action

Question 164

An employment agreement forbidding membership in a labor union. Yellow-dog contracts are generally illegal under federal and state statutes - in the United States.

Answer 164

yellow-dog contract