Week One

Question 1

Ab initio

Answer 1

From the (its) beginning. An act made void ab initio is deemed to have never had legal effect at any time.

Question 2

Accede

Answer 2

To consent, agree or acquiesce

Question 3

Acceptance

Answer 3

Unqualified agreement in response to an offer. Qualified or conditional agreement amounts to counteroffer, rather than acceptance.

Question 4

Accommodation

Answer 4

Arrangement made as a favor to another, without consideration in return

Question 5

Accrue

Answer 5

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

Question 6

Advance

Answer 6

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.

Question 7

Alienation

Answer 7

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

Question 8

Ambiguity

Answer 8

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

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 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

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 or 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 a motion picture or music video

Question 12

Bonus

Answer 12

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 of payments, will not exceed a stated fixed sum or percentage

Question 14

Caveat

Answer 14

A warning. Literally “beware” (Latin)

Question 15

Concurrent

Answer 15

At the same time. Simultaneously

Question 16

Constitution

Answer 16

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.

Question 17

Construction

Answer 17

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

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

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

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

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)

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 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 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.

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 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 )

Question 30

Inter Alia

Answer 30

Literally, “among other things “

Question 31

Legal fiction

Answer 31

An assumption of fact adopted by the court for 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 statute, 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” (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)

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 of nature of. E.g. “Trustee qua trustee,” refers to the trusteeship itself, as distinct from the person who holds that position

Question 37

Quasi

Answer 37

Literally, “as if” (Latin) almost, similar to; analogous to; resembling

Question 38

Quid pro quo

Answer 38

Literally, “this (thing) for that (thing)” (Latin) mutual exchange of consideration between parties. Value to be given, in exchange for value received

Question 39

Salient

Answer 39

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

Question 40

Sine qua non

Answer 40

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.