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24 Cards in this Set
- Front
- Back
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Attachment |
The proceedings by which a person or his property are restrained in accordance with a direction of a civil court to secure payment of a judgement or the presence of the person when the case is being tried. |
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Bill of Attainder |
forbidden by constitution; any law which creates a forfeiture of a persons property |
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Bill of exchange or draft |
negotiable instrument which requires the drawee to pay a designated sum of money to the payee of subsequent holder. |
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Cause of action |
legal basis on which the plaintiff relies for his recovery against the defendant |
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comparative negligence |
principle of law which takes into account the negligence of both sides in an accident |
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composition of creditors |
an agreement by the creditors of a person who is financially insolvent to accept a sunless than the full amount of his indebtedness |
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Certiorari |
appellate proceeding fro re-exam of action of inferior tribunal, or auxiliary process to enable appellate court to obtain further info in pending cause |
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demurrer |
the answer of a defendant to a charge made against him which denies legal responsibility though it may concede the plaintiffs contention. |
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Cost Insurance and Freight CIF |
are terms in a contract for the sale of merchandise which requires the seller to pay the insurance cost and freight of the foods to the point of destination |
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corpus delicti |
actual tangible evidence to prove that the crime was committed. |
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estopple |
results when a person by his prior attitude caused someone to act in reliance upon it. |
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Free on board FOB |
a provision in a contract of sale which requires the seller to deliver the merchandise at a designated place, usually to a carrier
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Habeas Corpus |
legal proceeding instituted by a writ, requires the person upon whom it is served to prove that he has a legal right to the custody of the person in whose name the writ was brought |
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holder in due course |
person who has obtained a negotiable instrument in a regular business trisection for a valuable consideration and without knowledge that it has any defects |
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indemnity |
in insurance is the reimbursement for loss sustained |
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insolvent |
condition of a business when the liabilities are greater than the assets so that the claims of the creditors cannot be paid |
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pledge |
use of personal property as security for the payment of a loan |
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pendente lite |
Latin "during the period while the action is pending" |
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novation |
new contact entered into by the same parties supersedes a pervious one made by the same parties concerning the same subject matter
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nonjoinder |
failure to make necessary persons parties to a lawsuit |
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negotiable instrument |
written document which when properly executed and delivered can be used as a means of exchange and credit in place of money |
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prima facie |
amount of proof which the plaintiff must show at the trial before the defendant will be required to prove his defense to the action "on the face of it" "at first sight" |
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quasi-contract |
relationship created by law with the obligations of a contract |
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quorum |
number of ppl who must be present before business can be transacted |
