Week One Flashcards
Ab initio
From the (its) beginning. An act made void ab initio is deemed to have never had legal effect at any time.
Accede
To consent, agree or acquiesce
Acceptance
Unqualified agreement in response to an offer. Qualified or conditional agreement amounts to counteroffer, rather than acceptance.
Accommodation
Arrangement made as a favor to another, without consideration in return
Accrue
To arise, happen, come into being. To become due or actionable.
Advance
1) payment made prior to the time when it would otherwise become due.
2) preparatory work undertaken prior to a show or event to verify that the value, local advertising, local promotions, accommodations, and their logistical considerations have been completed and are ready.
Alienation
Transfer of title to property, voluntarily and completely. The right of alienation - ie the right to lawfully dispose of ones own property- is a fundamental right
Ambiguity
That situation which exists when contract language is subject to more than one legitimate interpretation, so that it’s intended meaning and effect is uncertain
American rule
Doctrine which provides that, in the United States, each party to a lawsuit must bear the expense of its own attorneys fees unless there is a contract which specifically provides for recovery of such fees, or a statute which authorizes an award of attorneys fees for the particular cause of action pled and proven
As is
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 or suitability, and with the purchaser assuming all risk in regard to its usability
Audiovisual
Referring to a work comprised of both sounds and visual images, such as a motion picture or music video
Bonus
Non-refundable, non-recoupable payment which is not deducted from or credited toward earned royalties
Cap
Common term for maximum, usually established within a contract by a statement that some calculated payment or accumulation of payments, will not exceed a stated fixed sum or percentage
Caveat
A warning. Literally “beware” (Latin)
Concurrent
At the same time. Simultaneously
Constitution
A fundamental, underplaying agreement which forms the foundation for all laws and governmental operations. In addition to the federal constitution, each state has its own constitution which governs that states laws.
Construction
The act of interpreting, analyzing, and determining intended meaning of a legal writing such as a contract or statute
Contingency
Some eventuality which might not occur, but for which some pre-planning is nonetheless prudent
Covenant
An enforceable promise, generally memorialized within a contract or recorded instrument
De minimis
Of minimal or minor importance
Discretion
Falling within the discretion of a party or official. Descriptive of that which may be done or not done. At the sole choice of the person having discrediting in the matter
Entity
Generic term for any “person”, including a corporation, partnership, institution, company, or other form of recognized existence.
Equity
In the United States , the union (actors’ equity) which represents actors who appear in live, dramatic stage productions, as well as the stage managers and directors of such productions. In the U.K. , Equity is the union in all media ( stage tv film and radio)
Express
Actually stated in direct, unambiguous, distinct, language
Full faith and credit
Article IV , section 1 of the United States constitution requiring each state to accept acts of each other state proper and lawful
Gamut
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 medieval scale, plus ut, which denoted the highest note on that scale. That medieval from the intitial syllables of a Latin hymn; ut, re, mi, fa, so, la, si. Ut and si are later became the now familiar do and ti.
Genre
Literally “type” or “kind” (French) a style or category of artistic composition, marked by a distinctive form, content, or intended audience
Germane
Relevant, pertinent, applicable
Habeas corpus
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 one of only two specific individual rights included within the body of the constitution, rather than within the subsequent bill of rights. (The other individual right is trial by jury in criminal cases )
Inter Alia
Literally, “among other things “
Legal fiction
An assumption of fact adopted by the court for convenience in deciding a legal question ( e.g. That a corporation is a “person”)
Legislative intent
The purpose of the legislature in enacting any particular law; the intended function and effect of a law. In interpreting a statute, the court may look to the legislative intent underlying that law to assist in determining how that law should be applied
Magna carta
Literally “great charter” (Latin) the magna carter (or, sometimes, magna charta) was signed by king John in 1215 and is generally regarded as the foundation of all subsequent English and American constitutional 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)
Mandatory
That which is absolutely demanded or required
Pecuniary
Relating to money
Qua
As. In the capacity of nature of. E.g. “Trustee qua trustee,” refers to the trusteeship itself, as distinct from the person who holds that position
Quasi
Literally, “as if” (Latin) almost, similar to; analogous to; resembling
Quid pro quo
Literally, “this (thing) for that (thing)” (Latin) mutual exchange of consideration between parties. Value to be given, in exchange for value received
Salient
Prominent; important. Particularly noteworthy, relevant and material. The “high points” of an issue or agreement
Sine qua non
Literally, “without which, not” (Latin) that which is fundamental and essential. The basic reason and purpose, without which there is no reason to proceed. An absolutely essential, primary element.
