Terms Flashcards

definitions and terms

1
Q

Perjury

A

Lying under oath

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2
Q

Forgery

A

Falsifying documents

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3
Q

Affidavit

A _ in _ _ by the _ before a _ _.

A

A statement in writing sworn by the maker before a notary public

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4
Q

Escrow

_ an _ in _ _ of a _ who is to, on a _ _ _ the _ to a _ _.

A

Putting an instrument in the hands of a person who is to, on a designated date, deliver the instrument to a 3rd party

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5
Q

Contract

A _ _ between _ to _ or _ _ _ _ for a _ _, whereby

A

A written agreement between parties to do or not do certain things for a legal consideration, whereby each party acquires the right to what the other possesses.

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6
Q

Conveyance

Every _ in _ by which an _ is _, _, _, or _.

A

(Deed) Every instrument in writing by which an estate/real property is created, transferred, assigned or surrendered. This excludes wills.

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7
Q

Criminal contempt

When _ _ _ as an _ _ _. They can be _ by the _ _.

A

When someone unlawfully practices as an attorney at law. They can be punished by the supreme court.

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8
Q

Laches

A

The delay or negligence of asserting one’s legal rights

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9
Q

Contempt of court

_ _ of the _ of a _ which _ the _ of _ _.

A

Behavior disrespectful of the authority of a court which disrupts the execution of court orders.

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10
Q

Judgement

A _ _ one _ is _ to another and _ the _ of the _.

A

A court declaring one individual owes (is indebted) to another and fixing the amount of the debt.

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11
Q

Affiant

_ who _ and _ his _ to an _.

A

Person who makes and subscribes his signature to an affidavit.

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12
Q

Deposition

_ of a _ _ out of _ or the _ _ _ or _.

A

Testimony of a witness taken out of court or the hearing under oath or affirmation.

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13
Q

Deponent

One who _ an _ to a _ _.

A

One who makes an oath to a written statement. (Affiant, but specifically when subscribing to a deposition.)

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14
Q

Protest

_ _ by a _ that a certain _ _ was _ on a day and that _ was _.

A

Formal statement by a Notary that a certain bill of exchange/promissory note was presented on a day and that payment was refused.

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15
Q

Acknowledgement

A _ _ before a _ _ _, by a _ who has _ an _ and _ that _ is his _ & _

A

A formal declaration before a duly authorized officer, by a person who has executed an instrument and attests that such execution is his act and deed.

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16
Q

Litigation

A

The act of carrying out a lawsuit.

17
Q

Lease

A _ whereby one who _ real _ _ the _ to _ for _, _, or _.

A

(Rent) A contract whereby one who possesses real property transfers the right to another for life, term, or years at will.

18
Q

Mortgage

_ in _ _ and _ that _ a _ in the form of a _.

A

Instrument in writing executed and delivered that creates a lien in the form of a bond

19
Q

Lien

A _ _ upon a _ _ which _ to the _ until a _ is _.

A

A legal right upon a specific property which attaches to the property until a debt is satisfied.

20
Q

Codicil

An _ made _ to a _ and _ it in _ _.

A

An instrument made subsequent to a will and modifying it in some respects.

21
Q

Affirmation

A

Not an oath, for religious purposes.

22
Q

Attest

To _ the _ of a _ _, at the _ of the _ who _ it, and _ as _.

A

To witness the execution of a written instrument, at the request of the person who made it, and subscribe as witness.

23
Q

Bill of Sale

A _ _ given to pass the _ of _ _ from _ to _.

A

A written instrument given to pass the title of personal property from vender to vendee

24
Q

Executor

A

The one named in the will to carry out the requirements of a will

25
Q

Administrator

The _ who is _ to _ _ the _ of a _ when no _ is _.

A

The person who is assigned to carry out the requirements of a will when no executor is named.

26
Q

Certificate of Acknowledgement

The _ of a _ to the _ of a _ _ _, made by a _.

A

The certificate of a witness to the execution of a real estate conveyance, made by a notary.

27
Q

Attestation Clause

The _ at the _ of a _ where the _ _ that the _ was _ before them.

A

The clause at the end of a will where the witnesses certify that the instrument was executed before them

28
Q

Venue

…where a _ takes an _ or _.

A

The geographical place where a notary takes an affidavit or acknowledgement.

29
Q

Chattel

_ _ such as _ _ or _. Excludes _ _.

A

Personal property such as household goods or fixtures. Excludes real property.

30
Q

Chattel paper

A _ which _ both an _ to _ _ and a _ _ in a _ or _ _.

A

A writing which evidences both an obligation to pay money and a security interest in a lease or specific goods.

31
Q

Apostile

An _ _for _ _.

A

An authentication certified for international use

32
Q

Plaintiff

A

A person who starts a civil lawsuit

33
Q

Consideration

When _ that has _ is _ to _ _ to _ into a _.

A

When something that has value is given to induce someone to enter into a contract