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37 Cards in this Set

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Cross Claim
claim brought by a defendant in an action against the plaintiff
Declaratory judgement
one who declares the status, rights or duties of the parties involved but does not order any action to be taken.
Defendant
the defender, the one against whom a claim or a charge is brought. The ne who denies a claim in a court action
Demurrer
even if the facts stated by the other party are true, they do constitute an enforceable claim.
de novo
anew, afresh, a second time. In this type of trial, the matter is tried anew as if it had not been heard before and as if no decision had been previously rendered.
deposition
testimony of a witness, conducted under oath outside of the courtroom.
discovery
disclosure of facts, documents, and evidence to the opposing party upon request.
Easement
a liberty, privilege, or advantage, that entitles its holder to some limited use or enjoyment in the land of another
avigation easement
the right to cross through or otherwise use the airspace overlying the property of another.
Eminent domain
inherent power of a sovereign government to take private property for public use
Estoppel
condition that stops or prohibits action because of contradiction
Freedom of information Act 1966
provides entitlement to information from government files
Privacy Act of 1980
restricts acquisition of certain information
Habeas corpus
Latin for "you have the body". bring a party before a court of judge
injunction
court order to stop
Insurance
contract (policy) whereub payment of a premium (fee) is given in exchange for insurance (reimbursement) against loss incurred (at risk)
Insurance waiver
gives up the right to reimbursement under certain circumstances such as flying an airplance
Interrogatories
series of questions
Jurisdiction
power, authority, capacity, or right-to-act of a court within a given legal or geographiv area
Liability
all manner of responsibility, obligation, debts and assumption of risk.
Litigation
legal contest, lawsuit, or a contest by judicial process
Negligence
ommission of doing what a reasonable person would do, the failure to excercise "ordinary care" to to be "careless"
Plaintiff
person that begins a legal action.
Police power
governmental power to make and enforce reasonable laws and regulations in the interst of the general health, safety, welfare and morals of its citizens.
Preemption
to usurp higher authority
Proximation
"legal cause" inc,uding foreseeable harm to one to whom a duty owed.
Receiver (or Trustee)
appointed by the court to take into custody, management or control the property of another
remand
send back to the lower court
Res ipsa loquitur
latin term denoting that negligence is obvious. Literally means " the thing speaks for itself"
reverse
annul, revoke, make void a legal decision.
trial
formal examination of facts and evidence by a court of law.
Tort
civil wrong resulting in personal injury or property damage
3 elements of Tort
1) duty to protect others
2)failure to conform to a reasonable standard
3)conduct of the person supposedly at fault is so closely related to the incident as to have caused it
Underwrite
to assume risk by way of insurance
writ of certiorari
an order in writing from a superior to an inferior court directing the proceedings of a specified case be sent up for review
Writ of mandamus
means "we cammand" order by the court to public officials, or to inferior court, directing them to do or not do something within the scope of their duties
Zoning
partitions a local governmental jurisdiction by ordinance into authorized land use districts.