NY BAR REVIEW DEFINITIONS Flashcards
1
Q
latent
A
hidden or concealed
2
Q
ademption
A
property is no longer in the estate or to revoke or satisfy (as a legacy)
3
Q
laches
A
unreasonable delay in making an assertion or claim, such as asserting a right, claiming a privilege, or making an application for redress, which may result in refusal.
4
Q
ex post facto
A
with retroactive effect or force.
5
Q
abatement
A
the ending, reduction, or lessening of something
6
Q
attachment
A
legal seizure of property.
7
Q
garnishment
A
court order directing that money or property of a third party (usually wages paid by an employer) be seized to satisfy a debt owed by a debtor to a plaintiff creditor.
8
Q
fiduciary
A
A fiduciary is a person who acts on behalf of another person, or persons to manage assets. Essentially, a fiduciary is a person or organization that owes to another the duties of good faith and trust.
involving trust, especially with regard to the relationship between a trustee and a beneficiary.
9
Q
earmark
A
designate (something, typically funds or resources) for a particular purpose.
10
Q
in limine
A
preliminary.” A motion in limine is a motion that is tabled by one of the parties at the very beginning of the legal procedures.
a motion, petition, or order regarding the admissibility of evidence whose exclusion is sought especially on the ground that it is prejudicial
11
Q
restitution
A
a legal action serving to cause restoration of a previous state
12
Q
discretionary
A
left to individual choice or judgment
13
Q
imbue
A
to permeate or influence
14
Q
officious
A
volunteering one’s services where they are neither asked nor needed.
informal, unofficial.
15
Q
contravene
A
go or act contrary, oppose in an argument
16
Q
intermeddler
A
to meddle impertinently and officiously and usually so as to interfere
17
Q
interpleader
A
proceeding by which a person compels parties making the same claim against him to litigate the matter between themselves. When an interpleader is initiated, the person holding the property or owing the obligation that is the subject of the adverse claims usually must deposit the property or post a bond with the court.
18
Q
impleader
A
a petition or complaint brought in a lawsuit by a plaintiff or defendant against a third party who may be liable to that plaintiff or defendant. third-party practice.
19
Q
divest
A
deprive or dispossess especially of property, authority, or title
20
Q
defeasible
A
capable of being annulled or made void
21
Q
revert
A
to return to the proprietor or his or her heirs at the end of a reversion
22
Q
malice
A
intent to commit an unlawful act or cause harm without legal justification or excuse
23
Q
counterclaim
A
an opposing claim.
a claim brought by a defendant against a plaintiff in a legal action.
24
Q
crossclaim
A
a claim against a party on the same side of a legal action
25
appropriation
to take or make use of without authority or right
26
certiorari
a writ of superior court to call up the records of an inferior court or a body acting in a quasi-judicial capacity
27
aggrieved
inflict injury on
28
taking
to seize or capture
29
inadequate
insufficient
30
repudiation
refuse to acknowledge, accept, or pay
31
rescission
abrogate (a contract) and restore the parties to the positions they would have occupied had there been no contract
32
reformation
contract is officially and legally modified or revised in order to match the actual agreement as understood by the parties in the original situation
33
postponement
to put off to a later time
34
onerous
having legal obligations that outweigh the advantages, constitute a burden
35
intrusion
wrongfully entering upon, seizing, or taking possession of the property of another
36
presumption
a legal inference as to the existence or truth of a fact not certainly known that is drawn from the known or proved existence of some other fact
37
seclusion
remove or separate from intercourse or outside influence
38
per se
being such inherently, clearly, or as a matter of law
39
dispute
controversy
40
conflict
different, opposed, or contradictory
41
scrutiny
searching study, inquiry, or inspection, close watch
42
substantive
having substance : involving matters of major or practical importance to all concerned, creates and defines rights and duties
43
repose
remain still or concealed
44
procedural
relating to the procedure used by courts or other bodies administering substantive law
45
assent
an act of agreeing to something especially after thoughtful consideration : an act of assenting : ACQUIESCENCE
46
merger
absorption of an estate, a contract, or an interest in another, of a minor offense in a greater, or of a cause of action into a judgment
47
acquiesce
to accept, comply, or submit tacitly or passively
48
onerous
having legal obligations that outweigh the advantages
49
confer
give, bestow
50
solicitation
to approach with a request or plea, urge strongly
51
res judicata
a matter finally decided on its merits by a court having competent jurisdiction and not subject to litigation again between the same parties
52
novation
substitution of a new legal obligation for an old one
53
pocket veto
an indirect veto of a legislative bill by an executive through retention of the bill unsigned until after adjournment of the legislature
54
commandeer
to take arbitrary or forcible possession of
55
overarch
central or decisive, dominate
56
suspect
imagine (one) to be guilty or culpable on slight evidence or without proof
57
counsel
(1) : a lawyer engaged in the trial or management of a case in court
(2) : a lawyer appointed to advise and represent in legal matters an individual client or a corporate and especially a public body
58
council
administrative body,
| assembly or meeting for consultation, advice, or discussion
59
extensive
having wide or considerable extent
60
board
league, association
61
descendible
pass by inheritance
62
devisable
to give (real estate) by will
63
alienable
transferable to another's ownership
64
lis pendens
a pending suit.
doctrine under which one purchasing an interest in property involved in a pending suit does so subject to the adjudication of the rights of the parties to the suit
65
divest
to take away from a person, deprive or dispossess especially of property, authority, or title
66
line item veto
the power of a government executive to veto specific items in an appropriations bill without vetoing the bill altogether
67
infraction
a violation or infringement of a law or agreement.
68
discharged
tell (someone) officially that they can or must leave a place or situation.
69
aggrieved
feeling resentment at having been unfairly treated.
70
in quantum meruit
reasonable sum of money to be paid for services rendered or work done when the amount due is not stipulated in a legally enforceable contract.
71
on the merits
a judgment delivered after all the evidence in the case and the arguments of the parties have been heard. The judgment is rendered based upon the essential facts of the case, rather than on any technical or procedural rule, such as the failure of proper service.
72
divisible contract
A divisible contract is a contract in which the parties' performances are divided into matching pairs of duties to perform that the parties consider equal. Divisible contracts are similar in concept to installment contracts.
73
cognitive defect
impairment in an individual's mental processes that lead to the acquisition of information and knowledge, and drive how an individual understands and acts in the world.
74
fraudulent misrepresentation
a representation was made
the representation was false
that when made, the defendant knew that the representation was false or that the defendant made the statement recklessly without knowledge of its truth
that the fraudulent misrepresentation was made with the intention that the plaintiff rely on it
that the plaintiff did rely on the fraudulent misrepresentation
that the plaintiff suffered harm as a result of the fraudulent misrepresentation
75
non fraudulent misrepresentation
Non-fraudulent misrepresentation can take one of two forms: innocent misrepresentation or negligent misrepresentation. Negligent misrepresentation is considered in the eyes of the law to contain the same level of culpability as fraudulent misrepresentation.
76
fraudulent nondisclosure
Fraud, Fraudulent Nondisclosure, Negligent Misrepresentation. Fraud is the civil action for a plaintiff to recover from a defendant who intentionally lied to the plaintiff and thereby damaged the plaintiff. Fraud is an intentional misrepresentation, and thus it requires an element of intent, also known as scienter.
77
preponderance of the evidence
standard of proof in most civil cases in which the party bearing the burden of proof must present evidence which is more credible and convincing than that presented by the other party or which shows that the fact to be proven is more probable than not
78
clear and convincing evidence
he evidence presented by a party during the trial must be highly and substantially more probable to be true than not and the trier of fact must have a firm belief or conviction in its factuality.
79
beyond a reasonable doubt
part of jury instructions in all criminal trials, in which the jurors are told that they can only find the defendant guilty if they are convinced "beyond a reason- able doubt" of his or her guilt.
A reasonable doubt exists when a factfinder cannot say with moral certainty that a person is guilty or a particular fact exists. It must be more than an imaginary doubt, and it is often defined judicially as such doubt as would cause a reasonable person to hesitate before acting in a matter of importance.
80
discretionary
Left to or regulated by one's own discretion or judgment.
81
cause in fact
In a personal injury case, the “cause in fact” is the condition, action, or object that caused the plaintiff's injuries. The cause in fact may have caused the entire injury or only a part of it. If the defendant's behavior created the cause in fact, the defendant may be liable for negligence.
82
proprietary
relating to an owner or ownership.
83
lien
right to keep possession of property belonging to another person until a debt owed by that person is discharged.
84
indivisible goods
Indivisible goods are a theory in Public Finance. A good is indivisible when the utility one derives from it depends on the number of users or individuals using it. ... On the other hand, most of the Public Goods are considered divisible. Another classic example of a divisible good is national security.
85
difference bw warranty of title and warranty of merchantability
A warranty of title is a guarantee by a seller to a buyer that the seller has the right to transfer ownership and no one else has rights to the property. In addition, a warranty of title may be used to guarantee that no other party has copyright, patent or trademark rights in the property being transferred
merchantability is implied, unless expressly disclaimed by name, or the sale is identified with the phrase "as is" or "with all faults". To be "merchantable", the goods must reasonably conform to an ordinary buyer's expectations, i.e., they are what they say they are.
86
reasonable
as much as is appropriate or fair; moderate.
87
expectation
a strong belief that something will happen or be the case in the future.
88
doctrine of reasonable expectations
Reasonable expectation doctrine is a principle applied in insurance law which states whenever there is an ambiguity in an insurance-policy, it is resolved in favor of the insured's reasonable expectations.
89
contra proforentem
"against [the] offeror"), also known as "interpretation against the draftsman", is a doctrine of contractual interpretation providing that, where a promise, agreement or term is ambiguous, the preferred meaning should be the one that works against the interests of the party who provided
90
substl certainty
assumption of intent even if the actor did not intend the result, but knew with substantial certainty the effect would occur as a result of his action.
91
boilerplate
standardized pieces of text for use as clauses in contracts or as part of a computer program.
92
contract of adhesion
An adhesion contract (also called a "standard form contract" or a "boilerplate contract") is a contract drafted by one party (usually a business with stronger bargaining power) and signed by another party (usually one with weaker bargaining power, usually a consumer in need of goods or services). The second party typically does not have the power to negotiate or modify the terms of the contract. Adhesion contracts are commonly used for matters involving insurance, leases, deeds, mortgages, automobile purchases, and other forms of consumer credit.
93
express term
Express terms are terms that have been specifically mentioned and agreed by both parties at the time the contract is made. They can either be oral or in writing.
94
course of performance
Course of performance refers to the systematic and uniform conduct in which parties engage after they enter into a contract. The intent of the parties in regard to the meaning of the agreement is reliably ascertainable through the application of course of performance only when a contract requires a repetitive series of performances. There must be more than one performance, but no particular number is required. The fewer the performances, the more probable it is that such performances cannot constitute a course of performance.
95
course of dealing
A "course of dealing" is a sequence of conduct concerning previous transactions between the parties to a particular transaction that is fairly to be regarded as establishing a common basis of understanding for interpreting their expressions and other conduct
96
usage of trade
A usage of trade is a practice or method of dealing having such regularity of observance in a place, vocation, or trade as to justify an expectation that it will be observed with respect to the transaction.
97
warranty of title
warranty of title is a guarantee by a seller to a buyer that the seller has the right to transfer ownership and no one else has rights to the property. In addition, a warranty of title may be used to guarantee that no other party has copyright, patent or trademark rights in the property being transferred
98
warranty of merchantability
implied warranty for merchantability guarantees that a product will work as expected
99
warranty of fitness for a particular purpose
An implied warranty of fitness for a particular purpose is a warranty implied by law that if a seller knows or has reason to know of a particular purpose for which some item is being purchased by the buyer, the seller is guaranteeing that the item is fit for that particular purpose.
When a buyer wishes to use goods for a particular, nonordinary purpose, the UCC provides a distinct implied warranty of fitness (§ 2-315). Unlike the implied warranty of merchantability, the implied warranty of fitness does not contain a requirement that the seller be a merchant with respect to the goods sold. It merely requires that the seller possess knowledge and expertise on which the buyer may rely.
