Midterm Flashcards
Definition: accused
person against whom a criminal proceeding is initiated
Definition: accusation
a charge against a person or corporation
Definition: accuse
to directly and formally institute legal proceedings against a person
Definition: admissible evidence
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
Definition: admission
voluntary acknowledgement that certain facts do exist or are true
Definition: adult
a person who has reached the age of majority
Definition: affidavit
a written, ex parte, statement made or taken under oath before an officer of the court or a notary public
Definition: affirm
the act of an appellate court that the judgement of the lower court is correct
Definition: allegation
in pleading, an assertion of fact
Definition: appeal
a resort to a higher court, seeking a reversal of a court decision
Definition: assault
an attempt or threat, with unlawful force, to inflict bodily injury
Definition: breech of contract
a party’s failure to perform some contracted- for or agreed-upon act, or failure to comply with a duty imposed by law
Definition: burden of proof
the obligation of one party in a lawsuit to prove all the requirements necessary to show entitlement to recovery
Definition: caveat
a warning, caution or qualification
Definition: circumstantial evidence
indirect evidence, secondary evidence by which a principal fact may be inferred
Definition: civil
the branch of law that pertains to suits outside of criminal practice, pertaining to the rights and duties of persons in contract, tort, etc
Definition: clear and convincing
as a standard of proof, it is that amount of evidence beyond a mere preponderance, but below that of beyond a reasonable doubt
Definition: code
a set of laws or rules
Definition: common law
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
Definition: comparative negligence
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
Definition: compensatory damages
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
Definition: complaint
the first pleading of the plaintiff setting out the facts on which the claim for relief is based
Definition: confession
an admission of guilt or other incriminating statement made by the accused
Definition: consideration
something of value received or promised to persuade someone to enter into a contract
Definition: contract
an agreement between two or more persons that is enforceable by law
Definition: contributory negligence
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
Definition: convenant
an agreement or promise to do or not to do a particular thing
Definition: damages
monetary compensation which the law awards to one who has been injured by the actions of another
Definition: defendant
the person who is being sued
Definition: defective contract
a contract in which mutual assent has been destroyed, by fraud, coercion or otherwise
Definition: deposition
a pre-trial discovery procedure whereby parties or witnesses are examined under oath, a court reporter is present and records questions and answers
Definition: discovery
a pre-trial procedure by which one party gains information held by another party
Definition: duress
action by one party that forces another to do what need not otherwise be done
Definition: duty
obligatory conduct owed by a person to another person
Definition: emancipation
the freeing of someone from the control of another, a parent’s express or implied relinquishing of rights over a minor child
Definition: estoppel
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
Definition: exculpatory
refers to evidence and or statements which tend to clear, justify or exclude the defendant from alleged guilt or fault
Definition: execution of instrument
to sign a legal instrument so that it is legally enforceable
Definition: expert witness
a witness achieving “special knowledge” of the subject about which they will testify
Definition: exposure event
an occurrence which may result in liability
Definition: filing
placing a document into the possession of the court for inclusion in the file of a case
Definition: fraud
intentional deception resulting in injury to another
Definition: garnishment
the process in which money or goods in the hands of a third person which are due a defendant are attached by the plaintiff
Definition: ignorantia legis non excusat
ignorance of the law is no excuse
Definition: imputed liability
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
Definition: inculpatory
that which tends to incriminate
Definition: indemnity
the obligation or duty resting on one person to make good any loss or damage another has incurred or may incur
Definition: interrogatory
a pre-trial discovery tool in which written questions are asked to an opponent in a lawsuit answered in writing under oath
Definition: ipso facto
by the fact itself, in and of itself
Definition: judgment
the determination of a court of competent jurisdiction upon matters submitted to it
Definition: liability
having legal responsibility to pay another for damages
Definition: litigation
a controversy in court
Definition: litigant
party in a lawsuit
Definition: locality rule
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
Definition: malpractice
a professional’s improper or immoral conduct in the performance of duties, done intentionally or through carelessness or ignorance
Definition: mitigation of damages
the duty of the victim of a wrong to do whatever is reasonably possible to reduce or limit their own damages
Definition: negligence
failure to exercise that degree of care which a person of ordinary prudence would exercise under the same circumstance
Definition: opinion
the reason given for a court’s judgement
Definition: performance
in contract law, the situation that exists when the parties to a contract have done what they had agreed to do
Definition: plaintiff
the one who initially brings the suit, the one seeking a remedy
Definition: precedent
a previously decided case which is recognized as authority for the disposition of future cases
Definition: preponderance of evidence
standard of proof in civil cases, evidence more convincing to the trier of fact than the opposing evidence
Definition: proximate cause
the act which was the necessary immediate cause for someone suffering an injury
Definition: punitive damages
damages given for the purpose of punishing the defendant without regard to the plaintiff’s actual damages
Definition: recission
the act of voiding, annulling or canceling a contract
Definition: regulation
rules made by administrative agencies
Definition: release
a written document by which one party gives up a legal claim against another
Definition: remedy
what a party in a lawsuit is asking for, most commonly it is for monetary damages
Definition: res ipsa louitur
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
Definition: res judicata
the thing has been decided, the matter has been adjudged
Definition: respondeat superior
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
Definition: reversal
the order of an appellate court overturning a lower court decision
Definition: revocation
cancellation of an instrument previously made
Definition: sanction
a penalty or punishment that may be imposed by a court for violation of accepted norms of social conduct
Definition: settlement
the agreement of parties to a lawsuit or potential lawsuit to amicably resolve their differences
Definition: strict liability
liability without fault, engaged in activity with inherent risk of injury
Definition: summary judgement
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
Definition: tort
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
Definition: tortfeasor
the person that commits a tort, a wrongdoer
Definition: vicarious liability
the imputation of liability upon one person for the actions of another
Definition: voir dire
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
