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Legal Issues > Midterm > Flashcards

Midterm Flashcards

1
Q

Definition: accused

A

person against whom a criminal proceeding is initiated

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2
Q

Definition: accusation

A

a charge against a person or corporation

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3
Q

Definition: accuse

A

to directly and formally institute legal proceedings against a person

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4
Q

Definition: admissible evidence

A

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

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5
Q

Definition: admission

A

voluntary acknowledgement that certain facts do exist or are true

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6
Q

Definition: adult

A

a person who has reached the age of majority

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7
Q

Definition: affidavit

A

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

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8
Q

Definition: affirm

A

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

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9
Q

Definition: allegation

A

in pleading, an assertion of fact

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10
Q

Definition: appeal

A

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

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11
Q

Definition: assault

A

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

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12
Q

Definition: breech of contract

A

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

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13
Q

Definition: burden of proof

A

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

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14
Q

Definition: caveat

A

a warning, caution or qualification

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14
Q

Definition: circumstantial evidence

A

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

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15
Q

Definition: civil

A

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

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16
Q

Definition: clear and convincing

A

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

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17
Q

Definition: code

A

a set of laws or rules

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18
Q

Definition: common law

A

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

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19
Q

Definition: comparative negligence

A

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

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20
Q

Definition: compensatory damages

A

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

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21
Q

Definition: complaint

A

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

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22
Q

Definition: confession

A

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

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23
Q

Definition: consideration

A

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

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24
Q

Definition: contract

A

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

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25
Q

Definition: contributory negligence

A

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

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26
Q

Definition: convenant

A

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

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27
Q

Definition: damages

A

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

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28
Q

Definition: defendant

A

the person who is being sued

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29
Q

Definition: defective contract

A

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

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30
Q

Definition: deposition

A

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

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31
Q

Definition: discovery

A

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

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32
Q

Definition: duress

A

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

33
Q

Definition: duty

A

obligatory conduct owed by a person to another person

34
Q

Definition: emancipation

A

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

35
Q

Definition: estoppel

A

a bar which precludes a person from denying the truth of a fact, a doctrine preventing a person from taking a position inconsistent with their previous conduct

36
Q

Definition: exculpatory

A

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

37
Q

Definition: execution of instrument

A

to sign a legal instrument so that it is legally enforceable

38
Q

Definition: expert witness

A

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

39
Q

Definition: exposure event

A

an occurrence which may result in liability

40
Q

Definition: filing

A

placing a document into the possession of the court for inclusion in the file of a case

41
Q

Definition: fraud

A

intentional deception resulting in injury to another

42
Q

Definition: garnishment

A

the process in which money or goods in the hands of a third person which are due a defendant are attached by the plaintiff

43
Q

Definition: ignorantia legis non excusat

A

ignorance of the law is no excuse

44
Q

Definition: imputed liability

A

where one is held liable for the conduct of another, because the other person is the agent or employee of the person who is held ultimately responsible

45
Q

Definition: inculpatory

A

that which tends to incriminate

46
Q

Definition: indemnity

A

the obligation or duty resting on one person to make good any loss or damage another has incurred or may incur

47
Q

Definition: interrogatory

A

a pre-trial discovery tool in which written questions are asked to an opponent in a lawsuit answered in writing under oath

48
Q

Definition: ipso facto

A

by the fact itself, in and of itself

49
Q

Definition: judgment

A

the determination of a court of competent jurisdiction upon matters submitted to it

50
Q

Definition: liability

A

having legal responsibility to pay another for damages

51
Q

Definition: litigation

A

a controversy in court

52
Q

Definition: litigant

A

party in a lawsuit

53
Q

Definition: locality rule

A

a doctrine under which a doctor’s compliance with the appropriate standard of care is judged by the practices of doctors in their same geographic locality, doctrine has been abandoned in many jurisdictions

54
Q

Definition: malpractice

A

a professional’s improper or immoral conduct in the performance of duties, done intentionally or through carelessness or ignorance

55
Q

Definition: mitigation of damages

A

the duty of the victim of a wrong to do whatever is reasonably possible to reduce or limit their own damages

56
Q

Definition: negligence

A

failure to exercise that degree of care which a person of ordinary prudence would exercise under the same circumstance

57
Q

Definition: opinion

A

the reason given for a court’s judgement

58
Q

Definition: performance

A

in contract law, the situation that exists when the parties to a contract have done what they had agreed to do

59
Q

Definition: plaintiff

A

the one who initially brings the suit, the one seeking a remedy

60
Q

Definition: precedent

A

a previously decided case which is recognized as authority for the disposition of future cases

61
Q

Definition: preponderance of evidence

A

standard of proof in civil cases, evidence more convincing to the trier of fact than the opposing evidence

62
Q

Definition: proximate cause

A

the act which was the necessary immediate cause for someone suffering an injury

63
Q

Definition: punitive damages

A

damages given for the purpose of punishing the defendant without regard to the plaintiff’s actual damages

64
Q

Definition: recission

A

the act of voiding, annulling or canceling a contract

65
Q

Definition: regulation

A

rules made by administrative agencies

66
Q

Definition: release

A

a written document by which one party gives up a legal claim against another

67
Q

Definition: remedy

A

what a party in a lawsuit is asking for, most commonly it is for monetary damages

68
Q

Definition: res ipsa louitur

A

literally, the thing speaks for itself, a doctrine which shifts the burden of proof to the defendant who must prove that their negligence was not the cause of the plaintiff’s injury

69
Q

Definition: res judicata

A

the thing has been decided, the matter has been adjudged

70
Q

Definition: respondeat superior

A

literally, let the master answer, the legal doctrine that imposes liability on employers and makes them pay for torts committed by their employees within the scope of the employer’s business

71
Q

Definition: reversal

A

the order of an appellate court overturning a lower court decision

72
Q

Definition: revocation

A

cancellation of an instrument previously made

73
Q

Definition: sanction

A

a penalty or punishment that may be imposed by a court for violation of accepted norms of social conduct

74
Q

Definition: settlement

A

the agreement of parties to a lawsuit or potential lawsuit to amicably resolve their differences

75
Q

Definition: strict liability

A

liability without fault, engaged in activity with inherent risk of injury

76
Q

Definition: summary judgement

A

when no essential facts in a case are disputed, no trial is held and the case is decided by the judge alone on the basics of law involved

77
Q

Definition: tort

A

a wrong, resulting from the breech of a legal duty that exists by virtue of society’s expectations regarding interpersonal conduct, does not involve a contract

78
Q

Definition: tortfeasor

A

the person that commits a tort, a wrongdoer

79
Q

Definition: vicarious liability

A

the imputation of liability upon one person for the actions of another

80
Q

Definition: voir dire

A

to speak the truth, usually refers to the examination by the court or by the attorney’s of prospective jurors, to determine their qualifications of jury service

Legal Issues (1 decks)

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