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NY BAR REVIEW > NY BAR REVIEW DEFINITIONS > Flashcards

NY BAR REVIEW DEFINITIONS Flashcards

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1
Q

latent

A

hidden or concealed

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2
Q

ademption

A

property is no longer in the estate or to revoke or satisfy (as a legacy)

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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.

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4
Q

ex post facto

A

with retroactive effect or force.

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5
Q

abatement

A

the ending, reduction, or lessening of something

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6
Q

attachment

A

legal seizure of property.

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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.

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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.

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9
Q

earmark

A

designate (something, typically funds or resources) for a particular purpose.

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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

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11
Q

restitution

A

a legal action serving to cause restoration of a previous state

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12
Q

discretionary

A

left to individual choice or judgment

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13
Q

imbue

A

to permeate or influence

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14
Q

officious

A

volunteering one’s services where they are neither asked nor needed.
informal, unofficial.

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15
Q

contravene

A

go or act contrary, oppose in an argument

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16
Q

intermeddler

A

to meddle impertinently and officiously and usually so as to interfere

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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.

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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.

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19
Q

divest

A

deprive or dispossess especially of property, authority, or title

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20
Q

defeasible

A

capable of being annulled or made void

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21
Q

revert

A

to return to the proprietor or his or her heirs at the end of a reversion

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22
Q

malice

A

intent to commit an unlawful act or cause harm without legal justification or excuse

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23
Q

counterclaim

A

an opposing claim.

a claim brought by a defendant against a plaintiff in a legal action.

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24
Q

crossclaim

A

a claim against a party on the same side of a legal action

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25
Q

appropriation

A

to take or make use of without authority or right

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26
Q

certiorari

A

a writ of superior court to call up the records of an inferior court or a body acting in a quasi-judicial capacity

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27
Q

aggrieved

A

inflict injury on

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28
Q

taking

A

to seize or capture

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29
Q

inadequate

A

insufficient

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30
Q

repudiation

A

refuse to acknowledge, accept, or pay

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31
Q

rescission

A

abrogate (a contract) and restore the parties to the positions they would have occupied had there been no contract

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32
Q

reformation

A

contract is officially and legally modified or revised in order to match the actual agreement as understood by the parties in the original situation

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33
Q

postponement

A

to put off to a later time

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34
Q

onerous

A

having legal obligations that outweigh the advantages, constitute a burden

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35
Q

intrusion

A

wrongfully entering upon, seizing, or taking possession of the property of another

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36
Q

presumption

A

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

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37
Q

seclusion

A

remove or separate from intercourse or outside influence

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38
Q

per se

A

being such inherently, clearly, or as a matter of law

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39
Q

dispute

A

controversy

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40
Q

conflict

A

different, opposed, or contradictory

41
Q

scrutiny

A

searching study, inquiry, or inspection, close watch

42
Q

substantive

A

having substance : involving matters of major or practical importance to all concerned, creates and defines rights and duties

43
Q

repose

A

remain still or concealed

44
Q

procedural

A

relating to the procedure used by courts or other bodies administering substantive law

45
Q

assent

A

an act of agreeing to something especially after thoughtful consideration : an act of assenting : ACQUIESCENCE

46
Q

merger

A

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
Q

acquiesce

A

to accept, comply, or submit tacitly or passively

48
Q

onerous

A

having legal obligations that outweigh the advantages

49
Q

confer

A

give, bestow

50
Q

solicitation

A

to approach with a request or plea, urge strongly

51
Q

res judicata

A

a matter finally decided on its merits by a court having competent jurisdiction and not subject to litigation again between the same parties

52
Q

novation

A

substitution of a new legal obligation for an old one

53
Q

pocket veto

A

an indirect veto of a legislative bill by an executive through retention of the bill unsigned until after adjournment of the legislature

54
Q

commandeer

A

to take arbitrary or forcible possession of

55
Q

overarch

A

central or decisive, dominate

56
Q

suspect

A

imagine (one) to be guilty or culpable on slight evidence or without proof

57
Q

counsel

A

(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
Q

council

A

administrative body,

assembly or meeting for consultation, advice, or discussion

59
Q

extensive

A

having wide or considerable extent

60
Q

board

A

league, association

61
Q

descendible

A

pass by inheritance

62
Q

devisable

A

to give (real estate) by will

63
Q

alienable

A

transferable to another’s ownership

64
Q

lis pendens

A

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
Q

divest

A

to take away from a person, deprive or dispossess especially of property, authority, or title

66
Q

line item veto

A

the power of a government executive to veto specific items in an appropriations bill without vetoing the bill altogether

67
Q

infraction

A

a violation or infringement of a law or agreement.

68
Q

discharged

A

tell (someone) officially that they can or must leave a place or situation.

69
Q

aggrieved

A

feeling resentment at having been unfairly treated.

70
Q

in quantum meruit

A

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
Q

on the merits

A

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
Q

divisible contract

A

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
Q

cognitive defect

A

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
Q

fraudulent misrepresentation

A

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
Q

non fraudulent misrepresentation

A

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
Q

fraudulent nondisclosure

A

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
Q

preponderance of the evidence

A

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
Q

clear and convincing evidence

A

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
Q

beyond a reasonable doubt

A

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
Q

discretionary

A

Left to or regulated by one’s own discretion or judgment.

81
Q

cause in fact

A

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
Q

proprietary

A

relating to an owner or ownership.

83
Q

lien

A

right to keep possession of property belonging to another person until a debt owed by that person is discharged.

84
Q

indivisible goods

A

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
Q

difference bw warranty of title and warranty of merchantability

A

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
Q

reasonable

A

as much as is appropriate or fair; moderate.

87
Q

expectation

A

a strong belief that something will happen or be the case in the future.

88
Q

doctrine of reasonable expectations

A

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
Q

contra proforentem

A

“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
Q

substl certainty

A

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
Q

boilerplate

A

standardized pieces of text for use as clauses in contracts or as part of a computer program.

92
Q

contract of adhesion

A

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
Q

express term

A

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
Q

course of performance

A

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
Q

course of dealing

A

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
Q

usage of trade

A

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
Q

warranty of title

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

98
Q

warranty of merchantability

A

implied warranty for merchantability guarantees that a product will work as expected

99
Q

warranty of fitness for a particular purpose

A

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.

NY BAR REVIEW (123 decks)

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