Untitled 1 Flashcards
1
Q
Abatement
A
process of selling estate property to pay debts.
2
Q
Abatement of Rent
A
a deduction from the rent owed for the diminishment in value of premises caused by lack of maintenance.
3
Q
Abstract of Title
A
chronological summary of all official records and recorded documents affecting the title of a parcel of land.
4
Q
Accord and Satisfaction
A
the payment of money, or other valuable consideration (usually less than the amount owed), in exchange for extinguishment of a debt. There must be an express or implied agreement that accepting the smaller sum discharges the obligation to pay the larger sum.
5
Q
Acquittal
A
the legal certification that an accused person is not guilty of the charged offense.
6
Q
Actual Notice
A
direct knowledge a person has about the ownership and condition of title of real property.
7
Q
Actus Reus
A
Latin Term: “guilty act.” The wrongful deed that comprises the physical components of a crime and that generally must be coupled with mens rea to establish criminal liability.
8
Q
Administrative Authority
A
rules, regulations and decisions enacted by federal, state and local agencies; also includes executive orders of the President/Governor.
9
Q
Administrator (male)/Administratrix (female)
A
personal representative appointed by the court when there is no valid will.
10
Q
Advance Directive
A
document that expresses the health care wishes of the signor.
11
Q
Advance Sheet
A
contains recent cases or statutes enacted or decided after the hardbound volume was published. The documents in the advance sheets will be included in the next hardbound volume of the published set.
12
Q
Adverse Possession
A
acquiring title through taking possession of land that belongs to another without the owner’s consent and retaining possession for a statutory period time. Adverse possession must be: (i) hostile, meaning it must be without the owner’s consent; (ii) actual, meaning there must be physical dominion and control exerted over the property; (iii) open and notorious, meaning anyone would be able to determine that possession was taking place through inspection of the property; (iv) continuous possession for the entire statutory period; and (v) exclusive, meaning that the adverse possessor cannot share use of the land in question without its title owner.
13
Q
Affidavit
A
a sworn statement in writing, made under oath.
14
Q
Affirmative Defense (civil)
A
a fact raised by the defendant that constitutes a defense to the complaint.
15
Q
Affirmative Defense (criminal)
A
a set of facts which tend to excuse the defendant from the crime with which they have been charged.
16
Q
Alimony
A
an award of money given from one spouse to the other. Duration of alimony can be for a very specific time period and will automatically terminate upon a specific date, or it may be unlimited, terminating only upon the death of the payor spouse or the payee spouse. Alimony is also known to as “Separate Maintenance” and/or “Spousal Support”. It is important to note that, in some jurisdictions, spousal support and alimony are different. See Spousal Support.
17
Q
Alimony Pendente Lite (APL)
A
an award of money given from one spouse to the other prior to entry of a final decree; more literally, pending the litigation.
18
Q
American Law Reports (ALR)
A
published in a series; a secondary legal authority that publishes selected cases followed by extensive articles (a/k/a annotations) which discusses the issues raised.
19
Q
Ancestor
A
relative of a previous generation.
20
Q
Ancillary Administration
A
estate administration established in a state where property is located outside of the domiciliary state.
21
Q
Annulment
A
the act of making something void and wiping it out completely.
22
Q
Anticipatory Repudiation
A
occurs when one party positively states that they will not substantially perform a contract.
23
Q
Appeal
A
to ask a court of appellate jurisdiction to review the decision of the lower court on the basis that the lower court made an error of law.
24
Q
Appellant
A
the party who asks the higher court to review the lower/trial court’s decision.
25
Appellate Court
a court with jurisdiction to review decisions of a lower/trial courts or administrative agencies.
26
Appellee
a party against whom an appeal is taken and whose role is to respond to, or defend, that appeal.
27
Arraignment
the initial step in a criminal prosecution whereby the defendant is brought before the court to hear the charges and enter a plea.
28
Arrest
the taking or keeping of a person in custody by legal authority in response to a criminal charge.
29
Articles of Incorporation
the governing document of the corporation, which must be filed with the Secretary of State in the state of incorporation.
30
Articles of Limited Liability Partnership
public document that must be filed with the Secretary of State in order to form this type of partnership.
31
Assumption of the Risk
a defense used when it is alleged that the plaintiff assumed a risk knowingly and willingly of the possibility of harm.
32
Attestation
clause signed by witnesses to a will.
33
Attorney-Client Privilege
a privilege protecting communications between a client and his/her lawyer.
34
Bankruptcy Court
a U.S. District court subunit comprised of bankruptcy judges within the district and exclusively concerned with administering bankruptcy proceedings.
35
Bargain and Sale Deed
a deed that conveys property to a buyer for valuable consideration but that lacks any guarantee from the seller about the validity of the title.
36
Bates Numbering
a universal system for identifying documents in litigation.
37
Bench Trial (civil)
a trial before a judge without a jury. The judge decides questions of fact as well as questions of law.
38
Bench Trial (criminal)
a trial before a judge without a jury. The defendant must waive his/her right to a jury trial to allow the judge to decide all questions of fact as well as questions of law.
39
Beneficiary
recipient of personal property under a will or the older of the equitable title under a trust.
40
Bequest
gift of personal property under a will, such as artwork or money; interchangeable with “legacy”.
41
Bifurcate
separating issues while in a dissolution action. A proceeding commonly used to obtain a termination of marital status while still resolving issues related to division of property, support, custody and visitation. The court will retain jurisdiction to hear the remaining issues.
42
Bifurcated Trial
the dividing of the proceeding into two phases; the guilt phase and the punishment phase.
43
Bill
a draft of a law presented to a legislature for enactment.
44
Blog
a website that contains an online personal journal with reflections and comments by the writer.
45
Board of Directors
individuals elected by the shareholders who are responsible for formulating policy and deciding the business activities in which the corporation should be engaged. The Board of Directors elects the officers of the corporation and also determines the capital structure, the sale of stock, payment of dividends and other business matters.
46
Bond (civil)
an interest-bearing document giving evidence of a debt issued by a government body or corporation that is sometimes secured by a lien on property and is often designed to take care of a particular financial need.
47
Bond (criminal)
money held by the court when given by a criminal defendant or by his/her surety to ensure compliance with the terms of bail and especially with the requirement that the defendant appears in court as scheduled.
48
Boolean Search
search queries in online databases that allow the user to combine words and phrases with a series of operators to limit or define search parameters. Boolean operators and connector words like “and”, “or” and “not”.
49
Burden of Proof
the duty to prove a disputed assertion or charge.
50
Business Judgement Rule
legal principle stating that corporate officers and directors are not liable for honest mistakes of business judgement when acting in good faith.
51
Bylaws
set of rules adopted by the board of directors which set forth the manner in which the business and affairs of the corporation will be managed.
52
Canons of Professional Ethics
standards promulgated by the ABA regulating the conduct of lawyers.
53
Case Law
the law to be found in a collection of reported cases that form all or part of the body of law within a given jurisdiction.
54
Causation
the act by which an effort is produced; one of four elements to be proven in a successful tort claim.
55
Cause-In-Fact
an action by the tortfeasor that resulted in an invasion of some legally protected interest of another to which the tortfeasor is held responsible for the harm caused.
56
Certification
a voluntary form of regulation.
57
Chain of Title
the succession of title ownership to real property from the present owner back to the original owner.
58
Challenge for Cause
a party’s challenge during voir dire, supported by a specific reason, such as bias or prejudice, which would disqualify that potential juror.
59
Charging Document
a document in a criminal case that formally accuses a person of committing a crime, a/k/a indictment.
60
Child Support
payment made by the non-custodial parent to the custodial parent for the necessities of life (shelter, food, clothing, medical, etc.) for the benefit of the minor child(ren).
61
Citation
(1) an official summons to appear in court; (2) reference to (citing) a statute, precedent-setting case or legal textbook; (3) section of a statute or name of the case, as well as the volume number, the report series and the page number of a case referred to in a brief, points and authorities, or other legal argument.
62
Claw Back
a buffer for an attorney who realizes only after production that he/she has not adequately redacted the privileged or trial-preparation materials; the claw back provision of Fed. R. Civ. P. 26(b)(5) allows that attorney to request that the information be returned immediately, which Fed. R. Civ. P. 16(b) permits parties to create their own agreement for asserting claims of attorney-client privilege or protection of trial preparation materials after accidental production.
63
Clear and Convincing Evidence
the second highest degree of proof used in administrative cases, civil cases and preliminary criminal hearings.
64
Closely Held Corporation
a privately held corporation whose stock is not traded on the national stock exchanges.
65
Closing Argument
a prosecutor’s/defense lawyer’s final statement to the judge or jury before deliberation begins, at which time the prosecutor requests the judge or jury to consider the evidence and render a verdict of “guilty;” and, at which time the defense lawyer requests the judge or jury to consider the evidence and apply the law in his/her client’s favor.
66
Cloud on Title
a defect or potential defect in the owner’s title to a piece of land arising from some claim or encumbrance, such as a lien, an easement or a court order.
67
Codicil
a legal instrument that modifies an earlier will.
68
Collaborative Law
a form of alternative dispute resolution. The parties and attorneys work together in a determined spirit of cooperation to settle their dispute.
69
Collateral Relative
non-lineal blood relation.
70
Commingling
mixing of monies which should be separated.
71
Common Law
a body of law that developed over time in England which resulted from judicial precedent and decisions. In America, common law refers to the body of case law developed by jurists through the history of the country.
72
Community Property
property owned in common by husband and wife as a result of its having been acquired during the marriage by means other than an inheritance or a gift to one spouse, each spouse holding a one-half interest in the property.
73
Comparative Negligence
an alternative defense to contributory negligence theory which allows the liability of the defendant to be adjusted or reduced by the percentage of plaintiff’s contribution to his/her own injuries.
74
Compensatory Damages
money awarded to compensate the victim for the tortfeasor’s negligence.
75
Complaint
a formal legal document that sets out the facts and legal reasons that the plaintiff believes support a claim against the defendant entitling the plaintiff to a legal remedy.
76
Concurring Opinion
an opinion written by less than a majority of the judges on the court that agrees with the result reached by the majority, but not with all of its reasoning.
77
Conflict of Interest
representing more than one party in a matter when the parties have adverse interest.
78
Consanguinity
relationship determined by blood ties.
79
Consequential Damages
a legal term referring to an injury or loss that is sustained by someone as an indirect result of another person’s action.
80
Construction Lien (or mechanic’s lien)
allows certain persons and entities who provide labor or materials for the improvement of real property and who are not paid the statutory right to place a claim of lien on and ultimately foreclose on specific real property and any improvements thereon.
81
Constructive Notice
such notice as is implied or imputed by law, as in the case of notice documents that have been recorded in the appropriate registry of deeds.
82
Constructive Trust
implied trust used to right a wrong.
83
Contributory Negligence
a defense to negligence claiming a plaintiff’s own actions contributed to the injuries.
84
Conventional Loan
a loan made by a private lender in which the lender usually does not have any insurance or guarantee from a third party, such as a government agency backing the loan should the borrower fail to meet his/her obligations.
85
Conversion
stealing; unauthorized organization formed by individuals to market products.
86
Cooperative
not-for-profit organization formed by individuals to market products.
87
Corporate Opportunity Doctrine
Principle established by case law that says corporate officers, directors and agents cannot take personal advantage of an opportunity that in all fairness should have belonged to the corporation.
88
Corporation
a business entity, authorized by state law, that is formed and authorized to act as a single person and to raise capital by issuing stock to investors who are the owners of the corporation.
89
Corpus
trust property.
90
Court of Appeals
the court that hears the facts of a case by written argument, and possibly oral argument, which have already been argued at trial if that case on the district court level is not favorable to one part or the other.
91
Cross-Examination
the examination of a witness who has already testified in order to check or discredit the witness’s testimony, knowledge or credibility.
92
Curtesy
in common law, a husband’s right, upon his wife’s death, to a life estate in the land that his wife owned during their marriage, assuming that a child was born alive to the couple. The right has been largely abolished, although the term is still included in certain forms/agreements.
93
Decedent
a deceased person.
94
Declaration of Trust
instrument creating an inter vivos trust.
95
Deed
a formal written instrument that conveys title to real property from one party to another.
96
Deed of Trust
a deed conveying title to real property to a trustee as security until the grantor repays a loan.
97
Default
the failure to do something required by law.
98
Default Judgment
a binding judgment in favor of either party based on some failure to take action by the other party. Most often, it is a judgment in favor of a plaintiff when the defendant has not responded to a summons or has failed to appear before a court of law.
99
Defendant
the party sued in a civil lawsuit or the party charged with a crime in a criminal prosecution.
100
Degrees of Separation
number of generations a person is removed from the decedent.
101
Deliberation
the process by which jurors weigh the evidence and facts of the case in order to reach a verdict.
102
Deposition
the taking of out-of-court oral testimony of a witness under oath before a court reporter that is typically transcribed into a written transcript for later use in court or for discovery purposes.
103
Devise
testamentary gift of real property.
104
Dictum
statement, remark or observation included in case opinions not necessary for the decision of the matter. Dicta are not binding on the court.
105
Digest
paragraph summaries of legal issues in cases in a particular jurisdiction. These summaries are organized by topic and key number and are published by Thomas West.
106
Direct Examination
the first questioning of a witness in a trial or other proceeding, conducted by the party who called the witness to testify.
107
Discovery
efforts of a party in a lawsuit through his/her/its attorneys to obtain information before trial through interrogatories, requests for production, requests for admission and depositions of parties and potential witnesses.
108
Dissenting Opinion
an opinion by one or more judges who disagree with the decision reached by the majority.
109
Dissolution of Marriage
the act of formally terminating or dissolving the marriage and returning the parties to the status of unmarried persons.
110
Distributee
intestate inheritor of personal property.
111
Diversity Jurisdiction
the jurisdiction granted to federal courts over civil disputes involving parties having diverse citizenship (as in being from different states) where the matter in controversy exceeds a statutory amount.
112
Docket Number
a unique number assigned to each case (a/k/a case number) filed in the court by the court clerk.
113
Doctrine of Laches
a legal right or claim may be barred from court if an unreasonable lapse of time in asserting that right or claim has prejudiced the adverse party, resulting in permanent damage to the adverse party’s ability to defend him/herself.
114
Donee
recipient of a gift.
115
Dower
in common law, the right of a wife, upon her husband’s death, to a life estate in one-third of the land that he owned in fee.
116
Due Care
proper and sufficient care as far as circumstances demand it; the absence of negligence.
117
Due Process
guarantees that an accused shall receive a fair trial and shall not be deprived of life, liberty or property.
118
Duress
a wrongful act or threat by one person that compels another person to perform some act, such as sign a contract, which he/she would not have performed voluntarily. As a result, there is no true meeting of minds of the parties and, therefore, there is no legally enforceable contract. Blackmail, threats of physical violence or threats to institute legal proceedings in an abusive manner can constitute duress.
119
Duty of Care
the responsibility of corporate directors and officers to use care and diligence when acting on behalf of the corporation.
120
Easement
an interest in land owned by another person, consisting of the right to use or control the land, including the area above or below it, for a specific limited purpose.
121
Electronic Discovery
a/k/a e-discovery/eDiscovery; the compiling, storing and securing of digital information, such as email, text messages and other electronic files and data.
122
Electronically Stores Information (ESI)
information created, manipulated, communicated, stored and best utilized in digital form, requiring the use of computer hardware and software.
123
Eminent Domain
the legal power to expropriate private land for the sake of public necessity.
124
Encroachment
an infringement of another’s rights or intrusion on another’s property.
125
Equitable Distribution/Division
marital property is distributed fairly and not necessarily as an equal division of property.
126
Equitable Title
title giving the beneficiary the right to enjuoy trust property subject to limitations imposed by the trustor.
127
Escheat
the right of the state to take title to property after the death of a decedent if it appears certain that there are no heirs, descendants or named beneficiaries to take the property upon the death of the last known owner.
128
Escrow Account
a bank account held by a third party to be turned over only upon the fulfillment of some condition or by agreement of both parties.
129
Estate
interest in land; also, property of the decedant.
130
Estate Administration
process of collecting assets, paying debts, and distribution of a person's property after his/her death.
131
Ethics
principles of conduct governing an individual or group.
132
Evidence
something that tends to prove or disprove the existence of an alleged fact. Evidence can be testimony, documents and tangible objects.
133
Ex Parte
Latin term: "without the party." Generally, communication made to the court by one party, in the absence of the other party, which is generally forbidden.
134
Exculpatory Clauses
a contractual clause that releases one party from liability in case of wrongdoing by the other party involved.
135
Executive Order
an order issued by the President or Governor to direct action of government agencies.
136
Executor (male)/Executrix (female)
personal representative named in a will.
137
Exhibit
a document, record or other tangible object formally introduced as evidence in court.
138
Expert Witness
a witness qualified by knowledge, skill, experience, training or education to provide a scientific, technical or other specialized opinion about the evidence or an issue of fact.
139
Express Condition
a condition that is clearly stated in the language of the contract that defines a particular circumstance that either creates or removes an obligation for one or more of the contracting parties.
140
Fact Finder
generally, another term for juror. Fact finders hear testimony and review evidence to issue a decision/render a verdict on the collective factual issues/ the defendant's guilt or innocence.
141
Fact Witness
also known as a lay witness. Restricted to giving an opinion or making an inference that is based on first-hand knowledge and is helpful in clarifying the testimony or in determining the facts.
142
Federal Courts
a court having federal jurisdiction, incluing the U.S. Supreme Court, circuit courts of appeals, district courts, bankruptcy courts and tax courts.
143
Federalism
the division of powers between the branches of federal and state governments.
144
Felony
a serious crime potentially punishable, under federal law, by imprisonment for more than one year or death.
145
Ficticious Name
the operating name of a company, or the d/b/a (doing business as) name, as opposed to the legal name of the company. In case of a corporation, a ficticious business name is any name other than the corporate name stated in the articles of incorporation.
146
Fiduciary
trustee; a person held to a standard of care higher than ordinary care.
147
Fixture
personal property that is attached to land or a building, and that is regarded as an irremovable part of the real property, such as a built-in fireplace.
148
Force Majeure
a common clause in contracts that essentially frees both parties from liability or obligation when an extraordinary event or circumstance beyond the control of the parties, such as a war, strike, riot, crime or event described by the legal term "act of God" (such as flooding, an earthquake, or a volcanic eruption), preventing one or both parties from fulfilling their obligations under the contract.
149
Foreclosure
the forced sale of real estate to pay off a loan on which the owner of the property has defaulted.
150
Foreign Corporation
a corporation incorporated in one state, but doing business in other states or jurisdictions.
151
Foreperson
the juror who chairs the jury during deliberations and speaks for the jury in court by announcing the verdict.
152
Foreseeability
the action by which, under particular circumstances, would produce an anticipated result such as an injury to someone.
153
Form 706
federal estate tax return.
154
Franchise
a party that owns a trade name or trademark (the franchisor) may contract with a party that wishes to sell, distribute or provide services and/or products using the trade name or mark (franchisee).
155
Freelance Paralegal
a paralegal who does contract work for lawyers.
156
General Lien
a lien that is not secured by any particular parcel of real property and, therefore, may affect all nonexempt property of a debtor. An example of a general lien is a lien for federal estate taxes. If these taxes are not paid, the United States government may go after any nonexempt property of the decedent's estate, as full of partial satisfaction of the debt.
157
General Partnership
partnership in which management responsibilities and profits are equally divided among the partners; all partners have unlimited personal liability for the partnership's debts.
158
General Warranty Deed
a type of deed by which the grantor states that he/she has valid title and will defend that title against any defect arising from the actions of the grantor or those of the grantor's predecessors. A general warranty deed provides the geatest degree of protection for the grantee.
159
Gift
transfer of property without consideration.
160
Grand Jury
a body of people (usually 16 to 23) who are chosen to sit for extended periods of time and who, in ex parte proceedings, decide whether to issue indictments in criminal cases.
161
Grantee
the person to whom the real property is to be conveyed.
162
Grantor
the person or entity that transfers ownership of the real property.
163
Gross Negligence
a higher degree of disregard, inadvertence and indifference to a legal duty and the consequences of ignoring the legal duty.
164
Guardian Ad Litem
competent adult appointed by a court to represent an incapacitated person during litigation.
165
Guardian of the Estate
person appointed and legally authorized to manage the property of an incapacitated person.
166
Guardian of the Person
person legally authorized to manage the personal, non-financial affairs of an incapacitated person.
167
Guilty Plea
an accused person's formal admission in court of having committed the charged offense.
168
Guilty Verdict
a jury's possible finding or decision on the factual issues of a case.
169
Headnotes
short paragraph summaries of individual legal issues in a case; they are editorial and not part of the official case opinion.
170
Health Care Proxy
legal document authorizing someone other than the principal to make health care decisions for the principal should the principal be unable to speak for him/herself.
171
Hearsay
testimony given by a witness who relates not what he/she knows, but what others have said.
172
Heir
intestate inheritor of real property.
173
Holding
the court's statement of how the case should be disposed.
174
Holographic Will
a will written in the testator's own hand.
175
Hornbook
often published as textbooks for law students; a primer for the student studying law in a particular area.
176
Id.
refers to the immediately preceeding citation.
177
Implied Conditions
those conditions that have not been expressly stated, but which the law presumes to be so inherently a part of the contract that it need not be set forth in clear and written terms. Implied conditions are to be understood by the parties.
178
Implied Trust
trust created by operation of law.
179
Indictment
a formal, written accusation of a crime made by a grand jury and presented to a court for prosecution against the accused/defendant.
180
Information
a formal, criminal charge made by a prosecutor without a grand jury indictment.
181
Infra
refers to a case cited below.
182
Inheritance Tax
tax imposed in some states on the transfer of property from a decedent.
183
Injunction
a court order that directs a party to refrain from or to perform certain acts.
184
Insider Trading
use of material, non-public information received from a corporate source by someone who has a fiduciary obligation to shareholders and potential investors and who benefits from trading on such information.
185
Intangible Property
property that has no intrinsic value in and of itself, but that represents something of value. Checks, stock certificates and patents are examples of intangible property.
186
Intent
the design, will or determination to act a certain way through a person's state of mind.
187
Intentional Torts
actions designed with intent that bring about a certain result from the act.
188
Interest on Lawyer's Trust Account (IOLTA)
a mandatory trust account for depositing attorneys' fees not yet earned.
189
Interlocutory Appeal
an appeal that occurs before the lower/trial court's ruling on the entire case.
190
Interrogatories
written questions served by an opposing party which the receiving party is required to answer under oath.
191
Inter Vivos Trust (a/k/a Living Trust)
trust created during the life of the trustee to take effect during the trustor's life.
192
Intestate
person who dies without a valid will.
193
Intestate Succession
person who are entitled to inherit property of a person who dies without a valid will.
194
Invitation to Threat
an expression of willingness to negotiate. A person making an invitation to treat does not intend to be bound as soon as it is accepted by the person to whom the statement is addressed.
195
Irreconcilable Differences
grounds for divorce. Neither party is considered to be at fault.
196
Issue
(1) the legal question examined in a court of law or research memorandum; (2) direct lineal descendent.
197
IRAC
Issue, Rule, Analysis, Conclusion.
198
Jeopardy
the danger that an accused person is subjected to when on trial for a criminal offense.
199
Joint Legal Custody
both parents share responsibility of providing for the health, education and welfare of the minor child(ren).
200
Joint Physical Custody
both parents will spend equal or substantially equal time with the minor child(ren).
201
Joint Stock Company
partnership agreement in which members of the company own shares that are transferable, but all goods are held in the name of the members who assume partnership liability.
202
Joint Tenancy
when two or more persons are equal owners of some property. Provides that each party owns an undivided interest in the entire parcel, with both having the right to use all of it and the right of survivorship (i.e., upon the death of one joint tenant, the other has title to it all).
203
Joint Venture
Relationship or association between two or more persons, corporations or an agency set up for a specific business undertaking or limited time period.
204
Judgment Lien
a court-ordered lien places against property when the homeowner fails to pay a debt.
205
Judicial Authority
law as made by the courts through case decisions; a/k/a case law.
206
Jurisdiction
the authority given by law to a court to try cases and rule on legal matters within a particular geographic area and/or over certain types of cases.
207
In rem jurisdiction
the power a court may exercise over real estate or personal
208
Quasi in rem jurisdiction
refers to a legal action based on the property rights of a
209
Personal jurisdiction
the power of a court to hear and determine a lawsuit involving
210
Long-arm statute
a state statute allowing for the assertion of personal jurisdiction
211
Subject matter Jurisdiction
federal courts, under federal statutes, have subject matter jurisdiction over matters involving a treaty, bankruptcy, copyright, some discrimination matters, maritime, patent issues, federal constitutional issues, actions where the U.S. government is a party and cases involving diversity of citizenship.
212
Jurisprudence
the branch of philosophy concerned with the law and the principles that lead courts to make the decisions they do.
213
Jury
a body of persons selected and legally sworn to render a verdict according to the evidence presented.
214
Jury Instructions
the instructions or guidelines given by a judge concerning the law of the case.
215
Jury Trial
a trial in which the factual issues are determined by a jury, not by a judge.
216
Key Number
Thomson West publications assign a specific key number to every topic and subtopic; West uses this same code and the key logo throughout its publications.
217
Laws of Succession
statutes indicating a person's intestate heirs.
218
Leading Question
a question that suggests the answer to the person being interrogated. A question that may be answered by either a yes or no. Generally, only allowed in cross-examination.
219
Lease
a contract by which a rightful possessor of real property conveys the right to use and occupy that property in exchange for consideration, usually rent.
220
Legacy
gift of personal property, especially money, under a will; interchangeable with "bequest."
221
Legal Separation
a proceeding in which the parties are granted a formal separation of their marital status, yet still remain legally married to each other.
222
Legatee
recipient of money under a will.
223
Lessee
one who has a possessory interest in real or personal property under a lease; a tenant.
224
Lessor
one who conveys real or personal property by lease; a landlord.
225
Letter of Deficiency
informal letter issued by the SEC indicating what corrections need to be made in a registation statement in order for it to become effective.
226
Letters of Administration
court authorization to act on behalf of decedant's estate granted to an administrator/administratrix.
227
Letters Testamentary
court authorization granted to an executor/executrix.
228
Lexis/Nexis®
an electronic, online, legal database of cases, statutes, secondary sources and other legal documents that can be searched using either natural language or Boolean searches.
229
Licensing
a mandatory form of regulation.
230
Lien
a property right that remains attached to an object that has been sold, but not totally paid for, until complete payment has been made.
231
Life Estate
tenancy for the period of the tenant's life.
232
Limited Liability Company (LLC)
hybrid corporation-partnership, such as a Subchapter S corporation, but with fewer restrictions.
233
Limited Liability Limited Partnership (LLL)
liability of all partners is the same even though there is a general partnership. Liability is limited to the amount of the investment.
234
Limited Liability Partnership (LLP)
form of partnership in which all partners are limited and there are no general partners. This form of entity is often used by professionals as the partnership may continue even if one partner is sued; the partners are not jointly or severally liable.
235
Limited Partnership (LP)
a partnership that has one general partner responsible for managing the business, and one or more limited partners who invest in the partnership, but do not participate in its management and whose liability is limited to the amount of capital they contribute.
236
Liquidated Damages
a stipulated contractual amount that the parties agree is a reasonable estimation of the damages owed to one party in the event of a breach by the other.
237
Lis Pendens
Latin: a suit pending which concerns title to real property or some interest in that property.
238
Litigation Hold
a/k/a stop destruction request; notice issued by either party to stop the destruction of pertinent electronic records such as email, calendar entries, contact and task lists because of anticipated or pending litigation.
239
Living Will
instrument indicating a person's wishes with respect to life support should he/she be unable to speak for him/herself at the time life support may be needed.
240
Load File
a data file that defines the links between multiple records in a database and document images.
241
Loan-to-Value Ratio
the percentage of the property's value that is mortgage; divide the mortgage amount by the home's Fair Market Value to get the LTVR.
242
Magistrate Judge
conducts all proceedings in a jury or non-jury civil matter provided all parties consent and trials of persons accused of misdemeanors if the defendant consents.
243
Majority Opinion
an opinion joined in by more than half the judges considering a given case.
244
Malice
ill will or the intentional doing of a wrongful act or injury to someone without excuse.
245
Mandatory Authority
authority that is the primary authority in your jurisdiction; courts must follow mandatory authority, absent a very compelling reason.
246
Marital Deduction
tax provision permitting property that goes to a surviving spouse to pass tax free, in unlimited amounts.
247
Marital Property
the accumulation of property owned by the parties during the course of the marriage using income earned during the marriage, such as real property, bank accounts, brokerage accounts, pension plans.
248
Marital Settlement Agreement
a legal and binding contract between the parties setting forth the division of marital assets, terms of spousal support, child support and custody and visitation; also known as Marital Separation Agreement or Postnuptial Agreement.
249
Marshalling Assets
collecting and categorizing the estate of the decedent.
250
Mechanics Lien
see Construction Lien.
251
Mediation
a form of alternative dispute resolution where a neutral third party helps the parties resolve their differences.
252
Mens Rea
Latin Term: "guilty mind, criminal mind or criminal intent."
253
Metadata
often described as "data about data." In the context of litigation, this term means information about electronic files, including author, time and date created, last revision, file size and a summary of the file.
254
Misappropriation
unauthorized use of trust account funds.
255
Misdemeanor
a crime that is less serious than a felony and is usually punishable by fine, penalty, forfeiture or brief confinement in a place other than prison.
256
Mortgage
an interest given ona piece of land, in writing, to guarantee the payment of a debt or the execution of some action.
257
Mortgagee
one to whom property is mortgaged; the mortgage creditor or lender.
258
Mortgagor
the person who has borrowed money and pedged his/her real property as security for the money provided by the lender (mortgagee).
259
Motion
a formal request to a court for a specific ruling, order or direction; can be verbal or written.
260
NFPA®'s Model Code of Ethics and Professional Responsibility
standards of conduct for paralegals and guidelines for enforcement.
261
National Stock Exchange
entity for trading stocks of publicly held corporations. The two U.S. exchanges are the New York Stock Exchange (NYSE) and the National Association of Securities Dealers Automated Quotations (NASDAQ)
262
Negligence
the failure to use such care as a reasonably prudent and careful person would use under the same or similar circumstances.
263
Negligence Per Se
an action or omission where the evidence is clear and not controverted and was in violation of a statute.
264
Nolo Contendere Plea
a plea entered to the court whereby the accused does not contest or admit guilt; serves the same as a guilty plea.
265
Nominal Damages
small damages awarded to a plaintiff as a symbolic gesture.
266
Nonmarital Children
children born out of wedlock, or children from a former marriage or relationship.
267
Nonresidential Alien
a person who does not meet the IRS green card or substantial presence test to be declared as a "resident alien"; generally, a new arrival on a J-1 or F-1 visa. Nonresidential aliens are taxed differently than residential aliens.
268
Notice Statute
a recording act providing that the person with the most recent valid claim, and who purchased without notice of an earlier, unrecorded claim, has priority.
269
Novation
the act of either replacing an obligation to perform with a new obligation, or replacing a party to an agreement with a new party.
270
Nuncupative Will
oral will permitted in limited situations.
271
Offeree
a person or entity to whom an offer to enter into a contract is made by another (the offerer).
272
Offerer
a person or entity who makes a specific proposal to another (the offeree) to enter into a contract.
273
Officers
corporate employees who are appointed by the board of directors to manage the day-to-day operations of the corporation.
274
Opening Statement
the prosecutor's and defense attorney's manner of relaying their client's version/theory of the case to give the jury an idea of what the case will be about. The opening statements occur before the first witness testifies.
275
Opinion
the written case decision handed down by a court. Opinions contain the judicial and procedural history of a matter, the facts giving rise to the case, legal issues, discussion of legal authority relied on by the parties, and the authorities relied on by the court and the reasoning for relying on them and a decision/disposition of the case.
276
Oral Argument
a spoken presentation before a court (especially an appellate court) supporting or opposing the legal relief at issue.
277
Paralegal
a person, qualified through education, training or work experience to perform substantive legal work that requires knowledge of legal concepts and is customarily, but not exclusively, performed by a lawyer.
278
Paralegal Advanced Competency Exam [PACE®]
an exam from NFPA®, designed for experienced paralegals.
279
Paralegal CORE Competency Exam [PCCE(TM)]
an exam from NFPA®, designed for entry level paralegals.
280
Parallel Citation
a citation to two or more reporters for the same case decisions.
281
Parol Evidence Rule
prohibits the introduction into a court of law of any oral or written agreement that contracts the final written argument.
282
Paternity Action
a proceeding brought by either party, but often the mother, or a government agency to determine the father's identity.
283
Per Capita
equally to each person in his/her own right.
284
Per Curiam Opinion
by the court as a whole. A court opinion, usually short in nature, which does not name the judge who wrote the opinion.
285
Per Stirpes
taking property by right of representation.
286
Peremptory Challenge
one of a party's limited number of challenges during voir dire that does not need to be supported by a reason unless the opposing party makes a case showing that the challenge was used to discriminate on the basis of race, ethnicity or sex.
287
Perfect Tender Rule
the legal right for a buyer of goods to insist upon "perfect tender" by the seller. In a contract for the sale of goods, if the goods fail to conform exactly to the description in the contract (whether as to quality, quantity or manner of deliver), the buyer may reject the goods.
288
Performance
the act of completing a transaction according to the terms given in the contract.
289
Personal Property
property that is movable; not real estate.
290
Persuasive Authority
authority that is not mandatory for the court to follow; generally, authority issued by a nearby state on similar issues which can be cited in the absence of any mandatory authority on a particular issue.
291
Petition
in the context of litigation, a petition is a formal, written request to a court for equitable relief.
292
Piercing the Corporate Veil
doctrine stating that if a shareholder dominates a corporation or misuses it for improper purposes, the corporate entity may be disregarded and the shareholder may be personally liable for the corporation's debts and obligations.
293
Plaintiff
the party who initiates a lawsuit by filing a complaint with the court against one or more defendants, seeking a legal remedy.
294
Plea
an accused person's formal response of guilty, not guilty or no contest.
295
Plea Agreement/Plea Bargain
a negotiated agreement between a prosecutor and a criminal defendant whereby the defendant pleads guilty to a lesser offense in exchange for a more lenient sentence and/or a dismissal of the other charges.
296
Pleading
a written document (e.g., complaint or answer) with formal declarations by the parties in a lawsuit setting forth claims, averments, allegations, denials or defenses.
297
Pocket Part
updates to legal publications in the form of soft inserts typically stapled together and inserted into a special pocket at the back of bound volumes until the new, bound volume is available.
298
Police Powers
a state's Tenth Amendment right, subject to due process and other limitations, to establish and enforce laws protecting the public's health, safety and general welfare, or to delegate this right to local governments. Police powers include licensing, inspection and zoning, among others.
299
Pour-Over Will
includes provisions for property that may not have been identified in an inter vivos trust.
300
Power of Appointment
ability of testator to select a person who will be given authority to dispose of certain property under a will.
301
Power of Attorney
legal document authorizing someone to act on the behalf of the signatory.
302
Precedent
a prior decision that can be used later as a standard in a similar case.
303
Prenuptial/Antenuptial Agreement
a written contract entered into prior to marriage that specifies how property will be divided upon divorce or death of a spouse; also known as Premarital Agreement.
304
Preponderance of the Evidence
evidence which is of greater weight or more convincing than the evidence offered in opposition.
305
Prima Facie Evidence
that evidence which proves a case at first sight.
306
Primary Authority
original source material that contain the law, including judicial decisions, statutes and administrative regulations.
307
Principal
trust property of cash; also, a person who has controlling authority.
308
Private Mortgage Insurance (PMI)
insurance from which the benefits are intended to insure the portion of the loan that exceeds the typical, conventional loan-to-value ratio.
309
Privilege
a right or immunity granted as a peculiar benefit.
310
Clergy-Penitent Privilege
protects communication between a religious officiant and
311
Physician-Patient Privilege
prevents release of medical records without permission
312
Privilege Against Self-Incrimination
the premise which prohibits a defendant from
313
Public Interest Privilege
prevents compulsory disclosure of documents or
314
Spousal Privilege
gives a husband and the wife the right to refuse to testify about
315
Without Prejudice Privilege
the premise of one not losing or waiving any rights or
316
Probable Cause
a reasonable ground to suspect that a person has committed, or is committing, a crime or that a place contained specific items connected with a crime. Probable cause is more than a bare suspicion but less than evidence than would justify a conviction must be shown before an arrest warrant or search warrant may be issued.
317
Probate
to prove a will is valid.
318
Process Server
a person who delivers legal papers in lawsuits, either as a profession or as a government official (e.g., deputy sheriff, marshal or constable).
319
Professional Corporation (PC)
corporation organized by doctors, dentists, lawyers, accountants and other licensed professionals specified in state statutes.
320
Promissory Note
an unconditional, written and signed promise to pay a certain amount of money on demand or at a certain, defined date in the future.
321
Property
anything owned by a person or entity; everything subject to ownership; the right to possess, use, and enjoy a determinate thing (either a tract of land or a chattel); the right of ownership; any external thing over which the possession, use and enjoyment are exercised.
322
Prosecutor
an attorney who conducts proceedings in court on behalf of the government.
323
Proximate Cause
a natural, continuous sequence of events set into motion by the tortfeasor; and, when unbroken, produces injury
324
Proxy
a person or power authorized to act for another.
325
Public Access to Court Electronic Records (PACER)
the federal courts' online database for retrieving and accessing court filings and court decisions.
326
Publicly Held Corporation
corporation whose stock is traded on at least one national securities exchange.
327
Punitive Damages
damages awared to a plaintiff in order to punish the defendant and to keep a particularly bad act from happening again.
328
Punative Spouse
a person who believes in good faith, that his/her marriage was valid. Considered the innocent party in an annulment proceeding.
329
Quiet Enjoyment (Covenant of)
a formal and binding agreement, usually inserted in leases and conveyances on the part of the grantor, promising that the tenant or grantee shall enjoy the possession of the premises in peace and without disturbance.
330
Quitclaim Deed
a deed in which the grantor transfers whatever interest he/she may have without making any warranties regarding the quality of the title.
331
Race-Notice Statute
a recording law providing that the person who records first, without notice of prior unrecorded claims, has priority.
332
Race Statute
a recording act providing that the person who records first, regardless of notice, has priority.
333
Real Property
a type of tangible property comprised of land and all things affixed to it, such as homes, office buildings or shopping centers, as well as natural objects on or growing on the land. Real property includes anything that is attached which would cause injury to the land if severed.
334
Reasonable Care
a degree of case which a person of ordinary prudence would exercise in the same or similar circumstances.
335
Reasonable Doubt
the highest degree of proof required to determine whether a criminal defendant is guilty.
336
Remainderman
person to whom legal and equitable titles merge.
337
Remand
to return to the lower court, usually with instructions from the appellate court.
338
Reporters
legal books published by Thomson West that include case law decisions issued by various courts.
339
Requests for Admissions
written statements served on the opposing party requiring a response in which the opposing party must admit or deny the truthfulness of a fact or opinion and/or authenticate the genuineness of a document.
340
Request for Production of Documents
written requests served by an opposing party which seek the production of documents, correspondence, videos and/or any other tangible evidence relating to the action.
341
Res Ipsa Loquitor
Latin: the thing speaks for itself; a theory of negligence used when there is a rebuttable presumption or inference that defendant was negligent.
342
Res Judicata
Latin: a thing decided.
343
Rescission
terminates the contract, and the parties are placed in the position of never having entered into the contract.
344
Respondeat Superior
Latin: "let the master answer;" the master [employer] is liable in certain cases for the wrongful acts of his/her servants [employee].
345
Restatement
a document that is produced by a legal expert which restates all of the elements of an area in an organized manner; restatements are secondary sources.
346
Restitution
a remedy designed to restore the injured party to the position occupied prior to the formation of the contract.
347
Restrictive Covenant
a private agreement, usually in a deed or lease, which restricts the use or occupancy of real property, especially by specifying lot sizes, building lines, architectural styles and the uses to which the property may be put.
348
Reverse
to overturn a judgment on appeal.
349
Revocable Trust
trust in which the trustor retains the power to revoke.
350
Rule Against Perpetuities
rule prohibiting a grant of an estate unless the interest must vest, if at all, no later than years after the death of some person alive when the interest was created.
351
Sarbanes-Oxley Act
SEC regulation that requires high-ranking corporate officials to validate and accurately report financial statements of the corporation. Failure to comply or falsification of financial records is corporate fraud and punishable under federal statutes.
352
Satisfaction of Judgment
the complete discharge of obligations under a judgment; the document filed and entered on the record indicating that a judgment against a person or property has been paid.
353
Search Engine
software used to search data for specific information; programs, such as Google and Dogpile, that search documents for specified keywords and return a list of the documents where the keywords were found.
354
Search Warrant
a judge's written order authorizing law enforcement to conduct a search of a specified place and to seize evidence.
355
Secondary Authority
publications that contain statements about primary authority; explains the law via discussion but does not itself establish law, such as a treatise, annotation or law review article.
356
Securities and Exchange Commission (SEC)
federal administrative agency charged with the regulation and administration of publicly-traded corporations.
357
Security
a stock or bond, or any other instrument of interest that represents an investment in a common enterprise with reasonable expectations of profit, derived solely from efforts other than those of the investor.
358
Self-Dealing
breach of fiduciary obligation in which trustee makes a benefit for him/herself instead of the trust.
359
Self-Proving Will
will with an affidavit of attesting witnesses attached.
360
Seller's Affidavit
a sworn statement signed by the seller stating that there are no existing liens on the property that would encumber the purchaser's title.
361
Separate Maintenance
another term for Alimony and Spousal Support. An award of money given from one spouse to the other. Duration can be for a very specific time period and will automatically terminate upon a specific date, or it may be unlimited, terminating only upon the death of the payor spouse or the payee spouse.
362
Separate Property
in community property states, the property owned by one spouse which he/she acquired: a) before marriage; b) by inheritance; c) as a gift; d) as an asset traceable to other separate property, such as money received from a sale of a house owned before marriage; and e) property the spouses agree is separate from the marital estate.
363
Settlor
trustor who creates a trust with personal property.
364
Severability
a provision in a contract which states that if parts of the contract are held to be illegal or otherwise unenforceable, the remainder of the contract should still apply.
365
Share
one unit of ownership in a company.
366
Shepardizing
the process of verifying that the law upon which is relied is still good law and that it has not been overturned, repealed, superseded or otherwise invalidated.
367
Slip Law
a law enacted by Congress but not yet published in a bound volume.
368
Slip Opinion
a recently released court decision. These are bound into advance sheets and ultimately included in bound volumes of case law.
369
Social Media
forms of electronic communication (as websites for social networking and microblogging) through which users create online communities to share information, ideas, personal messages and other content such as videos.
370
Sole Legal Custody
one parent has the sole responsibility for the health, education and welfare of the minor child(ren).
371
Sole Physical Custody
one parent has the sole responsibility for the day-to-day care and supervision of the minor child(ren).
372
Sole Proprietorship
business owned by one person who has sole control over management and profits and who is individually responsible for business debts.
373
Special Warranty Deed
a deed in which the grantor covenants to defend the title against only those claims and demands of the grantor and those claiming by and under the grantor.
374
Specific Lien
a lien that is secured by a particular parcel of real property (e.g., special assessment lien). The lienholder cannot go after other property of the debtor because the lien attaches to the real property itself and not to the debtor.
375
Specific Performance
grants the plaintiff what he/she actually bargained for in the contract rather than damages for not receiving it; thus, specific performance is an equitable rather than legal remedy. By compelling the parties to perform exactly what they had agreed to perform, more complete and perfect justice is achieved than by awarding damages for a breach of contract.
376
Splitting Fees
a process where fees from a particular matter are shared.
377
Spoliation of Evidence
when a document or information that is required for discovery is destroyed or altered significantly.
378
Spousal Support
another term for Alimony and Separate Maintenance. It is imporant to note than in some jurisdictions, the terms "spousal support" and "alimony" differ; e.g., alimony pendente lite cannot be sought if the parties are still residing in the same household, although spousal support can be awarded.
379
Springing Power of Attorney
power of attorney that takes effect in the future.
380
Spurious
lacking authenticity or validity in essence or origin; not genuine; false.
381
Standard of Proof
the degree or level of proof demanded in a specific case.
382
Star Pagination
a system in case law that is the unofficial source to allow cross-reference to the pages in the official source and other parallel sources. Stars, asterisks or other special characters are inserted into the text of the unofficial reporter to show where the new pages begin in the official text.
383
Stare Decisis
Latin for "let the decision stand"; the process of looking at a prior case on similar facts and following it.
384
State Courts
a court of the state judicial system, as opposed to a federal court.
385
Statute
a law passed by Congress or state legislatures and then codified.
386
Statute of Frauds
a statutory requirement that certain kinds of contracts must be in writing to be enforceable.
387
Statute of Limitations
deadline for filing a legal action set forth in federal codes and state statutes, which can vary from state to state and by type of action.
388
Statute of Repose
the time limit in which a victim can bring a lawsuit for injuries against a manufacturer or seller in a products liability case calculated from the time of sale of the product.
389
Statutory Law
the body of law derived from statutes rather than from constitutions or judicial decisions.
390
Stock
capital raised by a corporation through the sale of shares that entitle shareholders to certain rights of ownership; the proprietorship element in a corporation usually divided into shares and represented by transferable certificates.
391
Stock Option
warrant issued to employees, who cannot trade their options, but can sell them back to the corporation. (NOTE: this does not apply to the Chicago Board of Trade, which is the world's first and largest "options" exchange.)
392
Stock (Purchase) Warrant
a certificate allowing the holder to purchase a specific amount of stock at a fixed price for a specified time.
393
Strict Liability
a concept applied in product liability cases in which a seller is liable for any and all defective or hazardous products which unduly threaten a consumer's safety.
394
Subchapter S Corporation
organized like a corporation, but treated like a partnership for tax purposes so long as it abides by certain IRS restrictions pertaining to stock, shareholders and affiliations.
395
Subrogation
the right of an insurer to institute suit in the name of the insured against the responsible party to collect for monies paid by the insurer to the insured.
396
Summons
a document in a civil suit that notifies the defendant that he/she must appear and defend (as by filing an answer) within a specified time or a default judgment will be rendered for the plaintiff.
397
Supra
refers to a case cited above.
398
Survey
the measuring of a tract of land to confirm and verify its boundaries and contents; a map indicating the results of such measurements.
399
Syndicate
an investment group that privately agrees to come together for the purpose of financing a large, commercial project that none of the syndicate members could finance alone.
400
Tangible Property
personal property that is movable or touchable.
401
Tenancy by the Entirety
joint ownership of title by husband and wife, in which both have the right to the entire property and, upon the death of one, the other has title (right to survivorship).
402
Tenancy in Common
similar to joint tenancy. All tenants in common share equal property rights except that, upon the death to the tenant in common, that share does not go to the surviving tenant, but is transferred to the estate of the deceased tenant.
403
Terabyte (TB)
1024 gigabytes; also, one trillion bytes.
404
Testamentary Trust
trust created by will.
405
Testator
a person who dies, leaving a will.
406
Testimonium
last clause in a will.
407
Voir Dire
Anglo-French term: "to speak the truth." A preliminary examination of a prospective juror by a judge or lawyer to decide whether the prospect is qualified and suitable to serve on a jury.
408
Warranty Deed
a deed containing one or more covenants of title, especially a deed that expressly guarantees the grantor's good, clear title and that contains covenants concerning the quality of title, including warranties of seisen, quiet enjoyment, right to convey, freedom from encumbrances and defense of title against all claims.
409
Westlaw®
an electronic, online, legal database of cases, statutes, secondary sources and other legal documents that can be searched using either natural language or Boolean searches and the West Key Number System.
410
Whistleblower
an employee who brings the wrongdoings of his/her employer or other employee(s) to the attention of a government or law enforcement agency.
411
White Collar Crime
a crime committed in a commercial context by a member of the professional-managerial class or an officer of a corporation or similar business entity.
412
Will
document used to dispose of a person's personal property after death.
413
Will Contest
legal challenge to the validity of a document presented as a will.
414
Winding Up
process of completing all unfinished business and transactions, paying off outstanding debts, distributing assets and dividing remaining profits after a corporation or partnership has been terminated or dissolved.
415
Writ of Attachment
a court order directing a sheriff (or other law enforcement officer) to seize property of a defendant which would satisfy a judgment against that defendant.
416
Writ of Execution
a court order to a sheriff to enforce a judgment by levying on real or personal property of a judgment debtor to obtain funds to satisfy the judgment amount (pay the winning plaintiff).
417
Zoning
the laws dividing cities into different areas according to use, from single-family residences to industrial plants. Zoning ordinances control the size, location and use of buildings within their different areas.
