Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

Law Vocabulary > Vocab 1 > Flashcards

Vocab 1 Flashcards

You may prefer our related Brainscape-certified flashcards:
Vocab Builder flashcards Civil Procedure 1L flashcards MBE flashcards MPRE flashcards
0
Q

Liability

A

Condition of being actually or potentially subject to legal obligation / Legal responsible for one’s acts or omissions The parents accept unlimited liability for any risks they undertake Eg. A Contractor who has agreed to complete a building has a liability to owner if he fails to complete within the time frame

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
1
Q

Appellate

A

(Typically with a court) dealing with or concerning with applications for a decision to be reversed Eg. We will debate how far appellate courts should go in creation law

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

Synonyms for liability

A

Accountability Responsibility Legal responsibility

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

Joint liability

A

Obligation for which more than one person is responsible

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

Primary liability

A

Obligation for which a person is directly responsible ( west’ encyclopedia of American law, edition 2)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

Secondary liability

A

Responsibility of another party if party directly responsible fails or refuses to satisfy his or her obligation ( west’ encyclopedia of American law, edition 2)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

Product liability

A

Legal responsibility of manufacturers and sellers to buyers, users, and bystanders for damages or injuries suffered because of defects in goods.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

Judicial notice

A

When a court accepts knowledge that is so common and well accepted without needing evidence to be presented in order to establish the truth of the matter, e.g. water freezes at 32 degrees Fahrenheit.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

Judicial discretion

A

The ability and power of a judge to make certain decisions and use the judge’s own good judgment and sense of fairness after weighing the relevant facts and circumstances.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

Judicial review

A

The process by which a court of law has been requested to conduct a review of a decision made by an administrative agency or a tribunal and to rule upon whether it is correct and appropriate.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

Judicial proceeding

A

Any legal proceeding in court where a judge is present.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

Judicial conventions

A

Agreements entered into in consequence of an order of court; as, for example, entering into a bond on taking out a writ of sequestration. 6 N. S. 494.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

Proximate cause

A

The last negligent act which contributes to an injury. A person generally is liable only if an injury was proximately caused by his or her action or by his or her failure to act when he or she had a duty to act.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

Vicarious liability

A

Liability for the torts of another person even though the defendant may have not done anything wrong. This is most common in agency law, for example, the doctrine of respondeat superior in the employer-employee relationship. An employer is held vicariously liable for the negligent acts of employees. A company can be sued for the car accident caused by the negligent employee driver of the company truck.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

Plaintiff

A

n. the party who initiates a lawsuit by filing a complaint with the clerk of the court against the defendant(s) demanding damages, performance and/or court determination of rights.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

injunction

A

A court order by which an individual is required to perform, or is restrained from performing, a particular act -An injunction commands an act that the court regards as essential to justice, or it prohibits an act that is deemed to be contrary to good conscience.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

overdue

A

having been needed for some time. “reform is now overdue”

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

Legislation

A

Legal rules made by parliament or those fun parliament has delegated of authority

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

jurisdiction

A

scope and reach of body’s power and authority 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 legal cases. It is vital to determine before a lawsuit is filed which court has jurisdiction. . State courts have jurisdiction over matters within that state eg. the king’s jurisdiction

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

viceroy

A

a person appointed to rule a country or province as the deputy of the sovereign:

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

cause of action

A

The fact or combination of facts that gives a person the right to seek judicial redress or relief against another. Also, the legal theory forming the basis of a lawsuit.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
21
Q

tort

A

tort (civil wrong)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
22
Q

affidavit

A

a written statement confirmed by oath or affirmation, for use as evidence in court

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
23
Q

decree

A

de·cree
diˈkrē/Submit
noun
1.
an official order issued by a legal authority.
synonyms: order, edict, command, commandment, mandate, proclamation, dictum, fiat; More
the issuing of a decree.
“the king ruled by decree”
a judgment or decision of certain law courts.
synonyms: judgment, verdict, adjudication, ruling, resolution, decision More
verb
verb: decree; 3rd person present: decrees; past tense: decreed; past participle: decreed; gerund or present participle: decreeing
1.
order (something) by decree.
“the government decreed a ban on any contact with the guerrillas”
synonyms: order, command, rule, dictate, pronounce, proclaim, ordain; More

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
24
Q

Corollary

A

1.
a proposition that follows from (and is often appended to) one already proved.
consequence, result, end result, upshot, effect, repercussion, product, by-product, offshoot

adjective: corollary
1.
forming a proposition that follows from one already proved.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
25
Q

retinue

A

noun
1.
a group of advisers, assistants, or others accompanying an important person.

The sovereign’s personal retinue

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
26
Q

delineate

A

clearly show

the law should delineate and prohibit abbhorent behaviour

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
27
Q

summon

A
  1. To call together; convene.
  2. To request to appear; send for. See Synonyms at call.

authoritatively or urgently call on (someone) to be present, esp. as a defendant or witness in a law court.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
28
Q

antedecent

A

noun
1.
a thing or event that existed before or logically precedes another.
“some antecedents to the African novel might exist in Africa’s oral traditions”
synonyms: precursor, forerunner, predecessor

adjective: antecedent
1.
preceding in time or order; previous or preexisting.
“the antecedent events that prompt you to break a diet”

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
29
Q

bicameral

A

adjective
1.
(of a legislative body) having two branches or chambers.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
30
Q

arbiter

A

a person who settles a dispute or has ultimate authority in a matter.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
31
Q

sanction

A

official permission or approval for an action.
“he appealed to the bishop for his sanction”

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
32
Q

preclude

A

prevent

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
33
Q

debar

A

interrupt

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
34
Q

wield

A
  1. To exercise (authority or influence, for example) effectively. See Synonyms at handle.
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
35
Q

depose

A

de·pose

1.
remove from office suddenly and forcefully.
“he had been deposed by a military coup”
synonyms: overthrow, unseat, dethrone, topple, remove, supplant, displace; More
2.
LAW
testify to or give (evidence) on oath, typically in a written statement.
“every affidavit shall state which of the facts deposed to are within the deponent’s knowledge”

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
36
Q

prerogative

A

n.

  1. An exclusive right or privilege held by a person or group, especially a hereditary or official right. See Synonyms at right.
  2. The exclusive right and power to command, decide, rule, or judge: the principal’s prerogative to suspend a student.
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
37
Q

discretionary

A

adjective

1.
subject or left to one’s own discretion.
2.
for any use or purpose one chooses; not earmarked for a particular purpose: discretionary income; adiscretionary fund.

discretion = choice

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
38
Q

dispense

A

manage without; get rid of.”let’s dispense with the formalities, shall we?”

distribute or provide (a service or information) to a number of people.”he dispensed a gentle pat on Claude’s back”

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
39
Q

del·e·gate

A

noun

ˈdeligit/
1. 1.
a person sent or authorized to represent others, in particular an elected representative sent to a conference.
2. synonyms:
3. representative, envoy, emissary, commissioner, agent, deputy,commissary; More


4. 

◦
5. 



verb

ˈdeləˌgāt/
1. 1.
entrust (a task or responsibility) to another person, typically one who is less senior than oneself.”he delegates routine tasks”





How well did you know this?
1
Not at all
2
3
4
5
Perfectly
40
Q

despotic

A

des·pot·ic

adjective
1.
of or typical of a despot; tyrannical.
“a despotic regime”

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
41
Q

fiat

A

fiat  

noun
1.
an authoritative decree, sanction, or order: a royal fiat. Synonyms: authorization, directive, ruling, mandate, diktat, ukase.
2.
a fixed form of words containing the word fiat, by which a person in authority gives sanction, or authorization.
3.
an arbitrary decree or pronouncement, especially by a person or group of persons having absolute authority to enforce it: The king ruled by fiat.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
42
Q

fragmentaton

A

frag·men·ta·tion

noun
1.
the process or state of breaking or being broken into small or separate parts.
“the fragmentation of society into a collection of interest groups”

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
43
Q

ascertain

A

as·cer·tain

verb
1.
find (something) out for certain; make sure of.
“an attempt to ascertain the cause of the accident”

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
44
Q

bar

A

Noun-

collectively all attorneys, as “the bar,” which comes from the bar or railing which separates the general spectator area of the courtroom from the area reserved for judges, attorneys, parties and court officials. A party to a case or criminal defendant is “before the bar” when he/she is inside the railing.

2) v. to prevent some legal maneuver, as in “barring” a lawsuit due to the running of the time to file.
3) to prohibit and keep someone from entering a room, building, or real property.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
45
Q

superimpose

A

su·per·im·pose

verb
1.
place or lay (one thing) over another, typically so that both are still evident.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
46
Q

confer

A

con·fer

1.
grant or bestow (a title, degree, benefit, or right).
“moves were made to confer an honorary degree on her”
synonyms: bestow on, present to, grant to, award to, decorate with, honor with, give to, endow with, extend to More
2.
have discussions; exchange opinions.
“the officials were conferring with allies”
synonyms: consult, talk, speak, converse, have a

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
47
Q

amendment

A

Amendment
The modification of materials by the addition of supplemental information; the deletion of unnecessary, undesirable, or outdated information; or the correction of errors existing in the text.

In practice, a change in the pleadings—statements of the allegations of the parties in a lawsuit—may be achieved if the parties agree to the amendment or if the court in which the proceeding is pending grants a motion for the amendment made by one party. A judgment may be altered by an amendment if a motion to do so is made within a certain time after its entry and granted by the court. The amendment of pleadings and judgments is regulated by state codes of Civil Procedure and the rules of federal civil procedure.

A constitution or a statute may be changed by an amendment.

A will, trust, corporate charter, and other legal documents are also subject to amendment.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
48
Q

royal assent

A

Noun
1. (Parliamentary Procedure) (in Britain) the formal signing of an act of Parliament by the sovereign, by which it becomes law

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
49
Q

accomodate

A

verb

fit in with the wishes or needs of.
“any language must accommodate new concepts”
synonyms: help, assist, aid, oblige; More

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
50
Q

appeal

A

Timely resort by an unsuccessful party in a lawsuit or administrative proceeding to an appropriate superior court empowered to review a final decision on the ground that it was based upon an erroneous application of law.

A person who initiates an appeal—the appellant, sometimes called the plaintiff in error, must file a notice of appeal, along with the necessary documents, to commence appellate review. The person against whom the appeal is brought, the appellee, then files a brief in response to the appellant’s allegations.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
51
Q

premable

A

pre·am·ble

noun
1.
a preliminary or preparatory statement; an introduction.
“what she said was by way of a preamble”

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
52
Q

void

A

void

adjective
1.
not valid or legally binding.
“the contract was void”
synonyms: invalid, null, ineffective, nonviable, useless, worthless, nugatory More
antonyms: valid
(of speech or action) ineffectual; useless.
“all the stratagems you’ve worked out are rendered void”
2.
completely empty.
“void spaces surround the tanks”
synonyms: empty, vacant, blank, bare, clear, free, unfilled, unoccupied, uninhabited More

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
53
Q

accredit

A

ac·cred·it
verb
1.
give credit (to someone) for.
“he was accredited with being one of the world’s fastest sprinters”
2.
(of an official body) give authority or sanction to (someone or something) when recognized standards have been met.
“institutions that do not meet the standards will not be accredited for teacher training”

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
54
Q

anomaly

A

a·nom·a·ly

noun
1.
something that deviates from what is standard, normal, or expected.
“there are a number of anomalies in the present system”

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
55
Q

vestige

A

ves·tige

noun
1.
a trace of something that is disappearing or no longer exists.
“the last vestiges of colonialism”
synonyms: remnant, fragment, relic, echo, indication, sign, trace, residue, mark, legacy, reminder; More

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
56
Q

forseeability

A

The facility to perceive, know in advance, or reasonably anticipate that damage or injury will probably ensue from acts or omissions.

In the law of Negligence, the foreseeability aspect of proximate cause—the event which is the primary cause of the injury—is established by proof that the actor, as a person of ordinary intelligence and circumspection, should reasonably have foreseen that his or her negligent act would imperil others, whether by the event that transpired or some similar occurrence, and regardless of what the actor surmised would happen in regard to the actual event or the manner of causation of injuries.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
57
Q

befall

A

be·fall
biˈfôl/Submit
verbliterary
1.
(of something bad) happen to someone.
“a tragedy befell his daughter”

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
58
Q

indemnify

A

in·dem·ni·fy

verb
1.
compensate (someone) for harm or loss.
“the amount of insurance that may be carried to indemnify the owner in the event of a loss”

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
59
Q

indemnity

A

: a payment made to someone because of damage, loss, or injury

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
60
Q

rectify

A

solve

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
61
Q

warrant

A

war·rant

verb
past tense: warranted; past participle: warranted
1.
justify or necessitate (a certain course of action).
“that offense is serious enough to warrant a court marshal”
synonyms: justify, vindicate, call for, sanction, validate; More

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
62
Q

vindicate

A

vin·di·cate
verb
1.
clear (someone) of blame or suspicion.
“hospital staff were vindicated by the inquest verdict”
synonyms: acquit, clear, absolve, exonerate; More

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
63
Q

exonerate

A

verb
1.
(esp. of an official body) absolve (someone) from blame for a fault or wrongdoing, esp. after due consideration of the case.
“the court-martial exonerated me”
synonyms: absolve, clear, acquit, find innocent, discharge;
antonyms: charge, convict
2.
release someone from (a duty or obligation).
synonyms: release, discharge, free, liberate; More

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
64
Q

acquit

A

verb

1.
free (someone) from a criminal charge by a verdict of not guilty.
“she was acquitted on all counts”
synonyms: clear, exonerate, find innocent, absolve; More
antonyms: convict
2.
conduct oneself or perform in a specified way.
“all the young women in the contest acquitted themselves well”
synonyms: behave (oneself), conduct oneself, perform, act;

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
65
Q

countenance

A

coun·te·nance

1.
admit as acceptable or possible.
“he was reluctant to countenance the use of force”
synonyms: tolerate, permit, allow, agree to, consent to, give one’s blessing to, go along with, hold with, put up with, endure, stomach, swallow, stand for; More

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
66
Q

reparation

A

rep·a·ra·tion
noun
1.
the making of amends for a wrong one has done, by paying money to or otherwise helping those who have been wronged.
“the courts required a convicted offender to make financial reparation to his victim”
synonyms: amends, restitution, redress, compensation, recompense, repayment, atonement More

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
67
Q

Damages

A

a sum of money claimed or awarded in compensation for a loss or an injury.
“she was awarded $284,000 in damages”
synonyms: compensation, recompense, restitution, redress, reparation(s)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
68
Q

heed

A

heed
hēd/Submit
verb
1.
pay attention to; take notice of.
“he should have heeded the warnings”
synonyms: pay attention to, take notice of, take note of, pay heed to, attend to, listen to; More
antonyms: disregard
noun
noun: heed
1.
careful attention.
“if he heard, he paid no heed”
synonyms: attention, notice, note, regard; More

69
Q

vindicate

A

vin·di·cate
verb
1.
clear (someone) of blame or suspicion.
“hospital staff were vindicated by the inquest verdict”
synonyms: acquit, clear, absolve, exonerate;

70
Q

allege

A

al·lege
verb
1.
claim or assert that someone has done something illegal or wrong, typically without proof that this is the case.
“he alleged that he had been assaulted”
synonyms: claim, assert, charge, accuse, declare, state, contend, argue, affirm, maintain, attest, testify, swear; More

71
Q

onus

A

noun
1.
used to refer to something that is one’s duty or responsibility.
“the onus is on you to show that you have suffered loss”
synonyms: burden, responsibility, liability, obligation, duty, weight, load, charge, mantle, encumbrance; More

72
Q

Nominal Damages

A

Minimal money damages awarded to an individual in an action where the person has not suffered any substantial injury or loss for which he or she must be compensated.

This kind of damages reflects a legal recognition that a plaintiff’s rights have been violated through a defendant’s breach of duty or wrongful conduct. The amount awarded is ordinarily a trifling sum, such as a dollar, which varies according to the circumstances of each case. In certain jurisdictions, the amount of the award might include the costs of the lawsuit.

In general, nominal damages may be recovered by a plaintiff who is successful in establishing that he or she has suffered a loss or injury as a result of the defendant’s wrongful conduct but is unable to adequately set forth proof of the nature and extent of the injury.

73
Q

expound

A

ex·pound
verb
1.
present and explain (a theory or idea) systematically and in detail.
“he was expounding a powerful argument”
synonyms: present, put forward, set forth, propose, propound; More
elaborate on, expand on, expatiate on, discuss at length

74
Q

shortfall

A

a deficit of something required or expected.

75
Q

pitfall

A

pit·fall

noun
1.
a hidden or unsuspected danger or difficulty.
synonyms: hazard, danger, risk, peril, difficulty, catch, snag, stumbling block, drawback More

76
Q

short·com·ing

A

ˈ
noun
1.
a fault or failure to meet a certain standard, typically in a person’s character, a plan, or a system.
“he is so forthright about his shortcomings, it’s hard to chastise him”
synonyms: defect, fault, flaw, imperfection, deficiency, limitation, failing, drawback, weakness, weak point, foible, frailty, vice

77
Q

what are material facts?

A

facts that can be used by the judge to make the decision

78
Q

discursive

A

discursive  

adjective
1.
passing aimlessly from one subject to another; digressive; rambling.
2.
proceeding by reasoning or argument rather than intuition.

79
Q

what does procedural history refer to?

A

The record of courts the case has be heard before

heard first time, it will be ‘at first instance’

80
Q

dictate

A

verb
1.
lay down authoritatively; prescribe.
“the tsar’s attempts to dictate policy”
synonyms: give orders to, order around/about, lord it over; More
control or decisively affect; determine.
“choice is often dictated by availability”
synonyms: prescribe, lay down, impose, set down, order, command, decree, ordain, direct, determine, decide, control, govern

2.
say or read aloud (words to be typed, written down, or recorded on tape).
“I have four letters to dictate”

noun
noun: dictate; plural noun: dictates
1.
an order or principle that must be obeyed.
“the dictates of fashion”
synonyms: order, command, commandment, decree, edict, ruling, dictum, diktat, directive, direction, instruction, pronouncement, mandate, requirement, stipulation, injunction, demand

81
Q

statutory provision

A

(statutory provisions) a legal provision set out in an Act of Parliament or statutory instrument.

82
Q

notwithstanding

A

not·with·stand·ing
preposition
1.
in spite of.
“notwithstanding the evidence, the consensus is that the jury will not reach a verdict”
synonyms: despite, in spite of, regardless of, for all More
adverb
adverb: notwithstanding
1.
nevertheless; in spite of this.
“she tells us she is an intellectual; notwithstanding, she faces the future as unprovided for as a beauty queen”

83
Q

ratio decidendi

A

reasons for a decision in the case

judge’s decision on material facts

84
Q

obiter dicta

A

legal principle expounded by a judge where it is not necessary for a judge’s decision in the case

remarks of a judge which are not necessary to reaching a decision, but are made as comments, illustrations or thoughts. Generally, obiter dicta is simply “dicta.

85
Q

occupier’s liability

A

liability to compensate persons injured on premises, owing to their dangerous state, is generally upon the occupier rather thnan the owner

86
Q

adjourned

A

ad·journ

verb
past tense: adjourned; past participle: adjourned
1.
break off (a meeting, legal case, or game) with the intention of resuming it later.
“the meeting was adjourned until December 4”
synonyms: suspend, break off, discontinue, interrupt, prorogu

87
Q

joinder

A

The union in one lawsuit of multiple parties who have the same rights or against whom rights are claimed as coplaintiffs or codefendants. The combination in one lawsuit of two or more causes of action, or grounds for relief. At Common Law the acceptance by opposing parties that a particular issue is in dispute

join·der

nounLAW
1.
the action of bringing parties together; union.

eg. the system of pleading then forbade the joinder of forms of action

88
Q

exculpation, exculpatory

A

exculpation
excuse: a defense of some offensive behavior or some failure to keep a promise etc.; “he kept finding excuses to stay”; “every day he had a new alibi for not getting a job”; “his transparent self-justification was unacceptable”

adj. applied to evidence which may justify or excuse an accused defendant’s actions, and which will tend to show the defendant is not guilty or has no criminal intent.

89
Q
A
90
Q

remission

A

re·mis·sion
noun
1.
the cancellation of a debt, charge, or penalty.
“the plan allows for the partial remission of tuition fees”
synonyms: cancellation, setting aside, suspension, revocation;

91
Q

annul

A

an·nul (ə-nŭl′)

  1. To make or declare void or invalid, as a marriage or a law; nullify.
  2. To obliterate the effect or existence of: “The significance of the past . . . is annulled in idle gusts of electronic massacre” (Alexander Cockburn).
92
Q

revocate, revocation

A

v. 1. To recall; to call back.

93
Q

immaterial

A

im·ma·te·ri·al (ĭm′ə-tîr′ē-əl)
adj.
1. Of no importance or relevance; inconsequential or irrelevant.
2. Having no material body or form.

94
Q

assailant

A

A person who attacks another.

95
Q

gist

A

gist (jĭst)
n.
1. The central idea; the essence. See Synonyms at substance.
2. Law The grounds for action in a suit.

96
Q

egress

A

e·gress
ˈēˌgres/Submit
noun
1.
the action of going out of or leaving a place.
“direct means of access and egress for passengers”
synonyms: departure, exit, withdrawal, retreat, exodus; More
antonyms: entry
a way out.
plural noun: egresses
“a narrow egress”
synonyms: exit, way out, escape route More
antonyms: entrance
LAW
the right or freedom to come out or go out.

verb
verb: egress; 3rd person present: egresses; past tense: egressed; past participle: egressed; gerund or present participle: egressing
1.
go out of or leave (a place).
“they’d egress the area by heading southwest”

97
Q

overbear, overborne

A

o·ver·bear

verb
1.
overcome by emotional pressure or physical force.
“his will had not been overborne by another’s influence”

98
Q

abridgement

A

LAW
a curtailment of rights.
“the abridgment of the rights of ownership”

99
Q

prima facie

A

adjective & adverbLAW
1.
based on the first impression; accepted as correct until proved otherwise.
“a prima facie case of professional misconduct”

100
Q

joint tortfeasor

A

oint tortfeasors n. two or more persons whose negligence in a single accident or event causes damages to another person. In many cases the joint tortfeasors are jointly and severally liable for the damages, meaning that any of them can be responsible to pay the entire amount, no matter how unequal the negligence of each party was.

101
Q

impute

A

m·pute
verb
1.
represent (something, esp. something undesirable) as being done, caused, or possessed by someone; attribute.
“the crimes imputed to Richard”
synonyms: attribute to, ascribe to, assign to, credit to

102
Q

discredit

A

verb
1.
harm the good reputation of (someone or something).
“his remarks were taken out of context in an effort to discredit him”
synonyms: bring into disrepute, disgrace, dishonor, damage the reputation of, blacken the name of, put/show in a bad light, reflect badly on, compromise, stigmatize, smear, tarnish, taint, slur

103
Q

uphold

A

up·hold
verb
1.
confirm or support (something that has been questioned).
“the court upheld his claim for damages”
synonyms: confirm, endorse, sustain, approve, agree to, support

104
Q

primacy

A

noun
1.
the fact of being primary, preeminent, or more important.
“the primacy of air power in the modern war”

105
Q

misconstrue

A

misunderstood

106
Q

revoke

A

re·voke
verb
1.
put an end to the validity or operation of (a decree, decision, or promise).
“the men appealed and the sentence was revoked”
synonyms: cancel, repeal, rescind, reverse, annul, nullify, void, invalidate, countermand, retract, withdraw, overrule, override

107
Q

dissenting

A

1.
hold or express opinions that are at variance with those previously, commonly, or officially expressed.
“two members dissented from the majority”

108
Q

full court

A

full court

: a court with all or the required number of the judges present called also full bench -

109
Q

informants

A

a person who gives information to another.

110
Q

respondent

A

The respondent is the party against whom a petition is filed, especially one on appeal. The respondent can be either the plaintiff or the defendant from the court below, as either party can appeal the decision thereby making themselves the petitioner and their adversary the respondent. Formerly, in the equity courts of common law, the defendant was always called the respondent. see also petitioner.

111
Q

affray

A

af·fray
nounLAWdated
1.

A criminal offense generally defined as the fighting of two or more persons in a public place that disturbs others.
an instance of fighting in a public place that disturbs the peace.
“Lowe was charged with causing an affray”

112
Q

indict

A

in·dict

verb
1.
formally accuse of or charge with a serious crime.
“his former manager was indicted for fraud”

113
Q

indictable

A

adjective
1.
(of an offense) rendering the person who commits it liable to be charged with a serious crime that warrants a trial by jury.

114
Q

bona fide

A

Bona Fide
[Latin, In good faith.] Honest; genuine; actual; authentic; acting without the intention of defrauding.

115
Q

nisi

A

NISI. This word is frequently used in legal proceedings to denote that something has been done, which is to be valid unless something else Shall be done within a certain time to defeat it. For example, an order may be made that if on the day appointed to show cause, none be shown, an injunction will be dissolved of course, on motion, and production of an affidavit of service of the order. This is called an order nisi. Ch. Pr. 547. Under the compulsory arbitration law of Pennsylvania, on the filing of the award, judgment nisi is to be entered: which judgment is to be as valid as if it had been rendered on the verdict of a jury, unless an appeal be entered within the time required by the law.

116
Q

in lieu

A

in lieu

instead (of); in place (of)

117
Q

magistrate

A

They are usually just a specific type of judge and usually only hear less serious matters than a general judge would. For example, a criminal court magistrate might only hear cases that are infractions like traffic offenses. And for civil matters, they may only hear cases where the amount demanded is under a specific dollar amount.

They also might just be given a specific funtion - like to to only review eviction cases, or restraining orders, or pretrial disputes, but may not actually be a sitting judge for a trial.

It depends on the specific court location as to what they are defined as, but generally, they are just more administrative, as in to make the courts run smoothly to handle minor issues. They usually have less of a judicial role and don’t write case holding decisions, etc… if that makes sense.

118
Q

overriding

A

adjective
1.
more important than any other considerations.
“their overriding need will be for advice”
synonyms: deciding, decisive, most important, of greatest importance, of greatest significance, uppermost, top, first (and foremost), highest, preeminent, prevailing

119
Q

derogation

A

noun
1.
an exemption from or relaxation of a rule or law.
“the massive derogation of human rights”

120
Q

incontrovertible

A

adjective
1.
not able to be denied or disputed.
“incontrovertible proof”
synonyms: indisputable, incontestable, undeniable, irrefutable

121
Q

interlocutory

A

in·ter·loc·u·to·ry
adjective
1.
LAW
(of a decree or judgment) given provisionally during the course of a legal action.

i decline to give an nterlocutory injunction

122
Q

forseeability

A

The facility to perceive, know in advance, or reasonably anticipate that damage or injury will probably ensue from acts or omissions.

In the law of Negligence, the foreseeability aspect of proximate cause—the event which is the primary cause of the injury—is established by proof that the actor, as a person of ordinary intelligence and circumspection, should reasonably have foreseen that his or her negligent act would imperil others, whether by the event that transpired or some similar occurrence, and regardless of what the actor surmised would happen in regard to the actual event or the manner of causation of injuries.

West’s Encyclopedia of American Law, edition 2. Copyright 2008 The Gale Group, Inc. All rights reserved.

123
Q

held

A

held
v. decided or ruled, as “the court held that the contract was valid.”

124
Q

concomitant

A

formal
adjective
1.
naturally accompanying or associated.
“she loved travel, with all its concomitant worries”
synonyms: attendant, accompanying, associated, related, connected;

Conconmitant game of football

noun
noun: concomitant; plural noun: concomitants
1.
a phenomenon that naturally accompanies or follows something.
“some of us look on pain and illness as concomitants of the stresses of living”

125
Q

invariable

A

adjective
1.
never changing.
“disillusion was the almost invariable result”

126
Q

tenuous

A

adjective
1.
very weak or slight.
“the tenuous link between interest rates and investment”
synonyms: slight, insubstantial, meager, flimsy, weak, doubtful, dubious, questionable, suspect

127
Q

meticulous

A

adjective
1.
showing great attention to detail; very careful and precise.
“he had always been so meticulous about his appearance”

128
Q

upshot

A

noun
1.
the final or eventual outcome or conclusion of a discussion, action, or series of events.
“the upshot of the meeting was that he was on the next plane to New York”
synonyms: result,

129
Q

occupier liability

A

liability to compensate persons injured on premises, owing to their dangerous state , is generally upon the occupier rather than the owner

Laying down the p119

130
Q

condescendence

A
  1. (Law) Scots law a statement of facts presented by the plaintiff in a cause
131
Q

aver

A

a·ver
əˈvər/Submit
verbformal
1.
state or assert to be the case.
“he averred that he was innocent of the allegations”

132
Q

interlocutor

A

n.
1. Someone who takes part in a conversation, often formally or officially.

133
Q

noxious

A

adj.

  1. Harmful to living things; injurious to health: noxious chemical wastes.
  2. Harmful to the mind or morals; corrupting: noxious ideas.
134
Q

culpa

A
  1. (Law) civil law an act of neglect
  2. a fault; sin; guilt
135
Q

ascertain

A

verb
1.
find (something) out for certain; make sure of.
“an attempt to ascertain the cause of the accident”

136
Q

provative

A

having the quality or function of proving or demonstrating something; affording proof or evidence.”it places the probative burden on the defendant

137
Q

judicial direction

A

instruction by trial judge to jury as to how they should approach their task in determining final desk such as relevant laws, material facts, how to use evidence

138
Q

per incuriam

A

‘through want of care’ in ignorance of existing law

court do not have to follow precedents that are decided per incuriam

139
Q

clemency

A

1.mercy; lenience.”an appeal for clemency”

140
Q

executive

A

adj

  1. having the power to put plans, actions, or laws into effect.”an executive chairman”
    synonyms: administrative, decision-making, managerial; More

noun

  1. a person with senior managerial responsibility in a business organization.
    synonyms: chief, head, director, senior official, senior manager, CEO, chief executive officer; More
  2. the person or branch of a government responsible for putting policies or laws into effect.
141
Q

preamble

A

1.a preliminary or preparatory statement; an introduction.”what she said was by way of a preamble”

142
Q

candid

A

adjective

1.truthful and straightforward; frank.”his responses were remarkably candid”

143
Q

modicum

A

noun

  1. a small quantity of a particular thing, esp. something considered desirable or valuable.”his statement had more than a modicum of truth”
    synonyms: small amount, particle
144
Q

supplanted

A

verbpast tense

  1. supersede and replace.”another discovery could supplant the original finding”
    synonyms: replace, supersede,
145
Q

inhere

A

verbformal

1.exist essentially or permanently in.

146
Q

inherent

A

adjective

  1. existing in something as a permanent, essential, or characteristic attribute.”any form of mountaineering has its inherent dangers”
    synonyms: intrinsic, innate, immanent
147
Q

deter

A

verb

  1. discourage (someone) from doing something, typically by instilling doubt or fear of the consequences.”only a health problem would deter him from seeking re-election”
    synonyms: discourage, dissuade
148
Q

retribution

A

noun

1.punishment that is considered to be morally right and fully deserved.”settlers drove the Navajo out of Arizona in retribution for their raids”

penalty

149
Q

rehabiliation

A

transitive verb

: to bring (someone or something) back to a normal, healthy condition after an illness, injury, drug problem, etc.

: to teach (a criminal in prison) to live a normal and productive life

150
Q

ascribe

A

verb

  1. attribute something to (a cause).”he ascribed Jane’s short temper to her upset stomach”
    synonyms: attribute to, assign to, put down to, accredit to,
151
Q

deterrence

A

deterrence - the act or process of discouraging actions or preventing occurrences by instilling fear or doubt or anxiety

152
Q

larceny

A

n. pl. lar·ce·nies

The unlawful taking and removing of another’s personal property with the intent of permanently depriving the owner; theft

larceny of bread

153
Q

equivocate

A

Verb 1. equivocate - be deliberately ambiguous or unclear in order to mislead or withhold information

154
Q

beset

A

verb

  1. (of a problem or difficulty) trouble or threaten persistently.”the social problems that beset the inner city”
    synonyms: plague, bedevil, assail
155
Q

unprecedented

A

adjective

never done or known before.”the government took the unprecedented step of releasing confidential correspondence”

156
Q

novel

A

: new and not resembling something formerly known or used

2: original or striking especially in conception or style <anovel></anovel>

157
Q

impropiety

A

noun

  1. a failure to observe standards or show due honesty or modesty; improper language, behavior, or character.”she was scandalized at the impropriety of the question”
    synonyms: wrongdoing, misconduct, dishonesty, corruption
158
Q

commute

A

verb

reduce (a judicial sentence, esp. a sentence of death) to one less severe.”the governor recently commuted the sentences of dozens of women convicted of killing their husbands”

synonyms: reduce, lessen, lighten

159
Q

depose

A

LAW

testify to or give (evidence) on oath, typically in a written statement.”every affidavit shall state which of the facts deposed to are within the deponent’s knowledge”

Mr kelly deposed that Lena had a license

synonyms: swear,

160
Q

egress

A

noun

  1. the action of going out of or leaving a place.”direct means of access and egress for passengers”
    synonyms: departure, exit
161
Q

de facto

A

adverb

  1. in fact, or in effect, whether by right or not.”the island has been de facto divided into two countries”
    synonyms: in practice, in effect, in fact, in reality, really, actually More

adjective

  1. denoting someone or something that is such in fact.”a de facto one-party system”
    synonyms: actual, real, effective”de facto control”
162
Q

nebulous

A

adjective

  1. in the form of a cloud or haze; hazy.”a giant nebulous glow”
    synonyms: indistinct, indefinite,
163
Q

vilify

A

verb

1.speak or write about in an abusively disparaging manner.”he has been vilified in the press”

164
Q

vilification

A

vil·i·fi·ca·tionˈviləfəˈkāSHən/noun

1.abusively disparaging speech or writing.”the vilification of minority groupings”

165
Q
A
166
Q

repeal

A

verb

  1. revoke or annul (a law or congressional act).”the legislation was repealed five months later”
    synonyms: revoke, rescind, cancel, reverse, annul, nullify, declare null and void,quash, abolish; More

noun

  1. the action of revoking or annulling a law or congressional act.”the House voted in favor of repeal”
    synonyms: revocation, rescinding,
167
Q

imputation

A

noun - the act of imputing or ascribing; attribution

168
Q

admissable

A

ad·mis·si·bleədˈmisəbəl/adjective

  1. acceptable or valid, esp. as evidence in a court of law.”the Court unanimously held that the hearsay was admissible”
    synonyms: valid, allowable, allowed, permissible, permitted, acceptable,satisfactory, justifiable, defensible, supportable, appropriate, well-founded, tenable, sound; More
  2. having the right to be admitted to a place.”foreigners were admissible only as temporary workers”
169
Q

parole

A

parole (pəˈrəʊl)n1. (Law)

a. the freeing of a prisoner before his sentence has expired, on the condition that he is of good behaviourb. the duration of such conditional release2. (Law) a promise given by a prisoner, as to be of good behaviour if granted liberty or partial liberty

170
Q

hearsay

A

hear·sayˈhi(ə)rˌsā/noun

  1. information received from other people that one cannot adequately substantiate; rumor.”according to hearsay, Bob had managed to break his arm”
    synonyms: rumor, gossip,

Law Vocabulary (2 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions