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158 Cards in this Set

  • Front
  • Back
Abstract
of Title - a complete history of the title - who owned the property - what encumbrances were on the property - when or if they have cleared & the current status of the title
Abuse of discretion
Substantive due process - judicial review of discretionary admin - remedies
Acquittal
Legal & formal certification of the innocence of a person who has been charged with a crime
Agent
Acts on behalf of a prinicipal - fiduciary
Alibi
the defendant was somewhere else doing something else when the crime was committed
ALJ
Administrative Law Judge - hearing examiner - judicial enforcement
Amendment
Primary - Individual liberties
Amortized loan
Installment loan, principals paid down over a term - mortgage/auto loan
Apparent Authority
Created by actions of - the authority the principal knowingly or negligently allow the agent to assume or the power the principal indicates the agent actually has. The agent does not have actual or imnplied authority, but the principal, by his action or non-action, gives the impression that the agent has the authority to act
Appellant
Person who appears - usually loses at trial
Appellate court
Appellate jurisdiction
Arrears
Non payment - money (support) is overdue & unpaid
ATF
Alchohol, Tobacco & Firearms -Law enforcement agency
Attachment
Formally seizing property in order to bring it under the control of the court; this is usually done by getting a court order to have a law enforcement officer take control of the property
Attempt
Act which is a substantial step toward completion of a crime "a crime that failed"
Abstract
of Title - a complete history of the title - who owned the property - what encumbrances were on the property - when or if they have cleared & the current status of the title
Abuse of discretion
Substantive due process - judicial review of discretionary admin - remedies
Acquittal
Legal & formal certification of the innocence of a person who has been charged with a crime
Agent
Acts on behalf of a prinicipal - fiduciary
Alibi
the defendant was somewhere else doing something else when the crime was committed
ALJ
Administrative Law Judge - hearing examiner - judicial enforcement
Amendment
Primary - Individual liberties
Amortized loan
Installment loan, principals paid down over a term - mortgage/auto loan
Apparent Authority
Created by actions of - the authority the principal knowingly or negligently allow the agent to assume or the power the principal indicates the agent actually has. The agent does not have actual or imnplied authority, but the principal, by his action or non-action, gives the impression that the agent has the authority to act
Appellant
Person who appears - usually loses at trial
Appellate court
Appellate jurisdiction
Arrears
Non payment - money (support) is overdue & unpaid
ATF
Alchohol, Tobacco & Firearms -Law enforcement agency
Attachment
Formally seizing property in order to bring it under the control of the court; this is usually done by getting a court order to have a law enforcement officer take control of the property
Attempt
Act which is a substantial step toward completion of a crime "a crime that failed"
Bearer
Negotiable instrument - holder of a bearer instrument is the owner - money
Bicameral
2 chambers - upper - Senate, lower - House of Representatives
Breach
of contract - wrongufl/unexcused non performance - failed to exercise their duty
Bridge loan
Short-term/temporary loan to be refinanced as a long term loan - construction loan
Bylaw
Implied agency - agency by estoppel - detriment to 3rd party - action of principal lead 3rd party to believe agency exist
By Laws
Document that sets forth the structure of corporation
Cabinet
13 - Executive Dept - president appoints
Censorship
1st Amendment - Limit on limitation
Census Bureau
Dept of Commerce
Chapter 11
Business re-organization - only a business
Chapter 7
Under bankruptcy code - liquidation/stratight - business & individual
Commercial Paper
Negotiable instruments formal contract - represents money that someone is to be paid or that someone is owed
Common Law
800-900years old - England - case law - precedent - uniform
Compensatory
Compensate the plantiff for actual out of pocket losses
Consanguinity
Related by blood - heirs - the connection of relation of people descended from acommon ancestor - blood relatives
Contempt
of Court - motion to show cause why you should not be held in contempt (witness/party) civil contempt - fine, criminal contempt - jail (has to be a trial)
Conversion
Civil Theft - converting someone's personal property to youyr use - takes place when a person takes the property of another with the intent of keeping it perm. Or for an indefinite period of time. The rightful owner is deprived of the use of his/her property
Counteroffer
An offer by the offeree to the offeror that proposes a bargain different than the one proposed by the offeror - implied rejection
Credit Bureau
Credit report - credit score
Cross claim
implied another defendant - new defendant must answer complaint
Defect
Cloud on title - example, non payment of taxes/water bill on title. Title search - compile an abstract - looking for defects
Deponent
person being deposed - deposition - oral discovery
Dicta
refers to a part of a judicial decision that goes beyond the scope of the issues and is considered mere opinion and not binding precedent
Director
when do they meet
Diversity of Citizenship
Citizens of two states - over $75,000
DOJ
Department of Justice - US Attorney - Cabinet
duty
Landlord duties - warranty of habitability - liveable - warranty of quiet enjoyment - no one can take away
Easement
right to use theproperty of another perm. Access - right a person has to enter and leave his own property by passing over the adjoining property of another Private - restricted to one or a few individuals. Public - sidewalks, powerlines, cable tv. etc
EEOC
Equal Employment Opportunity commission - employment agency
Eminent Domain
5th Amendment - civil concept of "taking" just compensation, taking for public "use" or public "purpose"
Enabling statute
creation of admin. agency - delegation of authority to agency legislature enact to admin. Agency
Escheat
dies without heirs - property becomes the property of the state because there is no valid heir to inherit
Eviction
Actual eviction for unlawful detainer - Deprivation of a person of the possession of land or rental property either by re-entry or legal procedure
Ex parte
Uncontested - degree from an ex parte hearing - without another party - divorce, only one party appears & participates, the other spouse does not appear
Exclusionary rule
Any illegally obtained evidence is inadmissible in any court of law
Excuse
for non-performance - legal impossibility, commercial impracticability - determined by the court
Executor
A person appointed by a testator to carry out the directions & requests in his will & to dispose of property according to the will - named in the will - cannot sue for any reason and administrator may be appointed
Expert Witness
Testify as to conclusions/opinions
Expungment
The process whereby the record of a criminal conviction is either destroyed or sealed after a certain period oftime
FCC
Federal Communications Commission -
FDA
Food & Drug Administration
FEC
Federal Energy Commission
Federal Box
Disclosure - APR - Annual Percentage Rate & finance charges - total interest life of loan
Fee simple absolute
Estate, freehold estate, free & clear. Ownership of property with no limitations, restrictions, or conditions. The maximum ownership a person can have in property
Felony Murder
rule - in course of a named felony you cause the death of another
Foreign Corporation
Not incorporated within a state it is doing business
Franchise
Chains exactly alike (rest.) area-geographic (auto) Manufacturing (Coca-Cola) lump sum license. Royalties - ongoing, characteristics - uniformity
FTC
Federal Trade Commission - Trade Regulation
General Indignities
Grounds for divorce - most popular
Government Corporation
GNMA - Government National Mortgage Association
Grand Jury
a jury of inquiry
Hearsay
inadmissable
Holographic
will - a handwritten will that the testator writes, signs and dates
Homestead
Primary residence
Horizontal Merger
Acquire a competitor
In rem
the power the court has over a thing - not a person - so that the court can enter a judgment that determines every peron's right with regard to this thing
Independent Agency
Broker (insurance)
Indorsement
Endorsement - assigns & transfers ownership of the commercial paper from one person to another. Blank, special, restrictive & qualified
INS
Immigration & Naturalization Services - law enforcement agency
Jurisdiction
Authority of a court to hear a case - court of competent jurisdiction
Jury Challenges
Challenge for cause - juror is biased. Premptory challenge - no cause/reason
Jury panel
empaneling a jury - Petit jury (impartial jury)
Justice
The title given to the judges of the Supreme Court of the United States and to the judges of the appellate courts of many of the states
Lay witness
Non-exper - testify first hand knowledge
Legacy
Cash - the process of the disposition of personal propery by will
Liquidated
Damages determined in advance in the contract
LLC
Limited Liability Company - operating agreement (1 doc) all members have an equal share/voice, continued existence under 1 doc. Transfer interest in an LLC - tax deduction, similar to corp. limited liability cannot sue a member.
Maker
Signs a promissory note
Marital property
anything acquired during a marriage - 1/2 & 1/2
Merchantability
Purpose - implied & expressed - the article sold is reasonably fit for the general purpose for which it was sold
Mini-trial
Summary jury trial - fake trial, but you don't tell the jury
Mistrial
Erroneous or invalid trial / a hung jury
Mortgage
financing real property - a written agreement that gives the person or institution that is lending them the money an interest in the property
Motion to Produce
Documents (party) subpena duces tecum (witness) discovery
Municipal Court
Inferior court
NADS
National Association of Securities Dealers - not an agency - it is a self regulatory organization
NLRB
National Labor Relation Board - unions/employment
No fault divorce
The parties are not required to prove fault other than the existence of irreconcilable difference
Nolo Contendere
"I will not contest" the person is pleading neither guilty nor not guilty, but declares he will not contest the charges against him. Same as a guilty plea
NTSB
National Transportation & Safety Board - Safety
OCC
Office of the Comptroller of the Currency - Finance/Money agency
Open End Credit
Revolving Credit - continual extension up to limit
Ordinance
Municipal Court
Palimony
Yes, but under an impled contract theory (contract law) payment of money to one of the parties of a live-in relationship that has ended "alimony for a pal"
Perfection
Perfect the security interest - file a UCC statement w/Sec. of State/County Recorder - notice to the world - priority - possession of collateral (pawnship) PMSI - Purchase Money Security Interest (Sears)
Petitioner
Equity
Plaintiff
Criminal/civil
Prayer for Relief
Damages - ad. Dannum Clause
Premeditation
The decision or plan to commit a crime
Probable cause
Reasonable grounds for belief in certain alleged facts that is more suspicion but less than the evidence required for conviction
Procedural Due Process
Amend 5 - Amend 14 - state, notice? Opportunity to be heard? Judicial review of discretionary admin. remedies
Promulgation
Rulemaking - informal, commentary - send to association for opinion
Prospectus
A document that sets out all the material facts concerning a company and its operations so that a potential investor may make an informed decision about the merit of his investment
Quorum
% necessary in attendance to be official
Ratification
Contract by - enforceable - not for necessary, minor may ratify a contract after rendering majority age - someone who at the time of the act or agreement did not have the authority to act on the principals behalf and did so. Afther fact - full disclosure - ratify all acts.
Religion
1st Amend - No law respecting establishment of a religion
Remainder
Life Estate - future interest - Grant to A-remainder to heirs of A - right to possess property after the life estate has ended
Repossession
Self help repossession - no court order needed if repossession does not breach the peace
Res Ipsa Loquitor
The thing speaks for itself - legal doctrine for negligence
Right of privacy
let the seeler beware - restatement of torts - no need to prove negligence
SBA
Small Business Adminstration - Finance/Money agency
Scienter
Know what your are doing - knowledge/knowingly
SEC
Securities & Exchange Commission - Finance/Money Agency
Secret Service
US - Protect President and currency - law enforcement agency
Secured creditor
lien on collateral
Selective Incorporation
Due Process - 14th Amendment - State level first 10 Amendments
Self Incrimination
Testimony involuntary - coerced
Senate
Two senators are elected from each state (regardless of that state's population) and two are elected from the District of Columbia, for a total of 102. Serve for six years
Separation of Powers
Branches - creation of admin. Agency. Legislature - enact, executive - enforce, judicial - interpret. fundamental principle of the constitution
Standing
Must be the aggreived party
Stare Decisis
Precedent
Statute of Frauds
States that some contracts must be in writing to be enforceable, such contracts are valid, but in order to be enforced they must be in writing.
Statutory rape
sexual intercourse with a person who is under the age of consent, even if the victim "consent's to the activity; it is still statutory rape
Strict Scrutiny
Test - a compelling government interest - narrowly tailored to achieve comp. gov't interest (void for vagueness rule)
Substituted Service
Certifed mail, publications
Sunset provisions
agency automatically ends at specific date - more control
Sunshine law
open meeting laws - open to public & announced
Tenancy at sufferance
Holdover tenant. Need notice to quiet & vacate. Remains in possession of the property after the tenancy expires. Allowed to stay by the landlord, but has no interest in or right to possession of property
Tortfeasor
Commits a tort - the person or busienss that commits the tort
US Constitution
Supreme Law of the land
UCC
Uniform Commercial Code - commercial law contracts by state statute - contracts for sale of goods (not services) not common law
Venue
Geographic location - the place where the suit is brought
Verdict
Decision of hte jury/judge - could include award - verdict becomes a judgment
Vicarious Liability
one person is liable for anothers actions
Violation
Municipal ordinances
Void
Marriage - a marriage that never legally took place - examples mental illness, disease, or intoxication (ab initio)
Witnesses
Attestation clause - notarize the witnesses
Zoning
Land use - master plan - division of a city/town into district and the setting of regulations about what the land can be used for & the physical dimension of building that can be built