week 1

Question 1

Ab Initio

Answer 1

From the (its) beginning. an act made void is deemed to have never had legal effect at any time. (see also, “nune pro tune”)

ABC….Beginning of the alphabets

Question 2

Accede

Answer 2

To consent, agree or acquiesce

Like 2 adults concenting to create a seed

Question 3

Acceptance

Answer 3

To receive with approval or satisfaction. Acceptance (without condition or qualification) of an offer, plus consideration, results in a contract, under the doctrine of “offer and acceptance” . Generally, acceptance is either (a) express (or absolute); (b) conditional ; (c) implied or (d) qualified

Question 4

Accommodation

Answer 4

Arrangement made as a favor to another’ without consideration in return. (see Consideration)

if I take you on a dat ima pay

Question 5

Accrue

Answer 5

To arise, happen, come into being. To become due.

Question 6

Advance

Answer 6

payment made prior to the time when it is legally due. see “advance provision”

Question 7

Alienation

Answer 7

Transfer of title to property, voluntarily and completely. The right of alienation - i.e., the right to lawfully dispose of one’s own property - is a fundamental right.

Question 8

Ambiguity

Answer 8

That situation which exists when contract language is subject to more than one legitimate interpretation, so that its intended meaning and effect is uncertain.

Question 9

American Rule

Answer 9

Doctrine which provides that, in the United States, each party to a lawsuit must bear the expense of its own attorney’s fees unless there is a contract which specifically provides for recovery of such fees, or a statue which authorizes an award of attorney’s fees for the particular cause of action pled and proven.

Question 10

As Is

Answer 10

In sales contracts, the statement that the subject matter is being conveyed in whatever condition it may then have, with the conveying party making no warranty as to its condition of suitability, and with the purchaser assuming all risk in regard to its usability.

Question 11

Audiovisual

Answer 11

Referring to a work comprised of both sounds and visual images, such as motion picture or music video. (See “sync license”

Question 12

Bonus

Answer 12

A non-refundable, non-recoupable payment which is not deducted from or credited toward earned royalties.

Question 13

Cap

Answer 13

Common term for maximum, usually established within a contract by a statement that some calculated payment, or accumulation for payments, will be for no more than a fixed sum or percentage.

Question 14

Caveat

Answer 14

A warning. Literally, “beware” (Latin)

Question 15

Concurrent

Answer 15

At the same time.

Question 16

Constitution

Answer 16

The fundamental, underlying agreement which forms the foundation for all laws and governmental operations.

Question 17

Construction

Answer 17

The act of interpreting, analyzing, and determining the intended meaning of a legal writing such as a contract or statue.

Question 18

Contingency

Answer 18

Some eventuality which might not occur, but for which some pre-planning is nonetheless prudent.

Question 19

Covenant

Answer 19

An enforceable promise, generally memorialized within a contract or recorded instrument.

Question 20

De Minimis

Answer 20

Of minimal or minor importance.

Question 21

Discretion

Answer 21

The power of a judge, public official or a private party to make a decision based upon a personal perception rather than upon some strict rule. What one may do (discretionary), as distinguished from what one shall do (non-discretionary).

Question 22

Entity

Answer 22

Generic term for any “person”, including a corporation, partnership, institution, company, or other form of recognized existence.

Question 23

Equity

Answer 23

1. (Business) An ownership interest in a business.
2. (Business) Difference between value of property and debt accrued against that property.
3. (Law) Justice administered by court, without jury, according to principles of fairness as distinct from strict adherence to a statue or common law. Denotes actions in conformity with the spirit of justice and fairness. Actions in equity include declaratory relief and other “equitable” remedies.

Question 24

Express

Answer 24

Actually stated in direct, unambiguous, distinct language.

Question 25

Full Faith and Credit

Answer 25

Article IV, Section 1 of the United States Constitution requiring each state to accept acts of each other state as proper and lawful.

Question 26

Gamut

Answer 26

The entire range or scope of something. Contraction of gamma-ut (Medieval Latin) derived from gamma (third letter of the Greek alphabet) used to represent the lowest musical tone on the scale, plus ut, which denoted the highest note on the scale. The medieval scale was derived from the initial syllables of a Latin hymn; ut, re, mi, fa, sol, la, si. Ut and si later became the now familiar do and ti.

Question 27

Genre

Answer 27

Literally “type” or “kind.” (French). A style or category of artistic composition, marked by a distinctive form, content, or intended audience.

Question 28

Germane

Answer 28

Relevant; pertinent; applicable.

Question 29

Habeas Corpus

Answer 29

Literally, “you have the body.” (Latin) Proceeding to compel a judicial determination as to the legal sufficiency of due process. The right to Habeas Corpus was considered so essential that it is the only specific individual right included within the body of the constitution rather than within the subsequent Bill of Rights (Amendments I through X).

Question 30

Inter Alia

Answer 30

among other things.

Question 31

Legal Fiction

Answer 31

An assumption of fact adoption by court for being convenience in deciding a legal question. (E.g. that a corporation is a “person”).

Question 32

Legislative Intent

Answer 32

The purpose of the legislature in enacting any particular law; the intended function and effect of a law. In interpreting a statue, the court may look to the legislative intent underlying that law to assist in determining how that law should be applied.

Question 33

Magna Carta

Answer 33

Literally “Great Charter” the Magna Carta was signed by King John in 1215, and is generally regarded as the foundation of all subsequent English and American constitution rights. Note however the distinction between a charter (rights granted by a higher, sovereign authority) and a constitution (rights declared by the people, for themselves).

Question 34

Mandatory

Answer 34

That which is absolutely demanded or required.

Question 35

Pecuniary

Answer 35

Relating to money.

Question 36

Qua

Answer 36

As. In the capacity or nature of. E.g.,”Trustee qua trustee,” refers to the trusteeship itself, as a distinct from the person who holds that position.

Question 37

Quasi

Answer 37

Literally, “as if”, almost similar to analogous to; resembling.

Question 38

Quid Pro Quo

Answer 38

Literally, “(this) something for (that) something.” A mutual exchange of consideration between parties valued to be given in exchange for value received.

Question 39

Salient

Answer 39

Prominent; important. Particularity noteworthy, relevant and material. The “high points” of an issue or agreement.

Question 40

Sine Qua Non

Answer 40

Literally, “without which, not” that which is fundamental and essential. The basic reason and purpose, without which there is no reason to proceed.

Question 41

Supra

Answer 41

Literally, “above.” Used as an internal reference in pleadings, briefs, opinions, and other writings, directing the reader’s attention to something appearing earlier in the same document. E.g. “The decision in Jones v. Smith (cited supra) states…”

Question 42

Supremacy Clause

Answer 42

Provision of the United States Constitution (Article VI, clause 2) which states: “This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all of treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any state to the Contrary notwithstanding.” The supremacy clause requires that, in any conflict between federal; law and state law , the state law must yield and that federal law governs.

Question 43

Tacit

Answer 43

Understood, implied, or inferred without being specifically stated.

Question 44

Transaction

Answer 44

Any activity involving two or more parties or things in which both or all parties are affected or influenced in some way by the activity.

Question 45

Unconstitutional

Answer 45

Anything which violates the provisions, protections or guarantees embodied in the United States Constitution or its amendments of the Constitutions of any of the several states, or their amendments. In particular, referring to any action of the state or federal government or governmental representatives, or a statue, regulation, rule, judgment, court ordered or opinion, which violates a Constitutional provision, protection or guaranty.

Question 46

Unconscionable

Answer 46

1. Any intentional act or conduct which is grossly unfair to another person, and shocking to the conscience of an average person.
2. In a contract, that which is manifestly unfair to one party, and unreasonably beneficial to another, under circumstances where the lesser party was afforded no meaningful or informed choice in accepting such conditions. Unconscionable provisions included, but are not necessarily limited to, gross overall one-sidedness in disclaiming warranty, limiting damages, or obtaining procedural advantages. An unconscionable contract may also be inferred from fact that one-sided provisions are obscured through use of small of small print or effectively unintelligible language, or where the lesser party in particularly susceptible.

Question 47

Willful

Answer 47

Conscious, intentional; by design.

Question 48

Writing

Answer 48

A written court ordered requiring specific action by the person or person to whom it is directed.

Question 49

Verbal

Answer 49

In words.