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40 Cards in this Set

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Remanded
1) Returned to lower court for reconsideration.

2) Place on bail or in custody when trial is adjourned
Peradventure
Uncertainty or doubt as to whether something is the case
Origination - "by chance"
Assent
Expression of approval
Appellant
Someone who appeals a ruling. So the new plaintiff.
Irrespective
not taking (something) into account; regardless of
Notwithstanding
in spite of, regardless
Adjudicate
make a formal judgment or decision about a problem or disputed matter
Jest
a thing said or done for amusement
Decree
an official order issued by a legal authority.
Provision
the action of providing or supplying something for use
Imputes
represent (something, esp. something undesirable) as being done, caused, or possessed by someone
Arbitrary
based on random choice or personal whim, rather than any reason or system
Immaterial
unimportant under the circumstances; irrelevant
Contend
engage in a competition or campaign in order to win or achieve (something)

assert something as a position in an argument
Fraught
filled with or destined to result in
appellee
the respondent in a case appealed to a higher court. (So the D in appealed case.)
Pro Rata
"in proportion,"

a share to be received or an amount to be paid based on the fractional portion of value, such as ownership, responsibility or time used. A renter of a rental property may pay his/her pro rata share of a monthly rate if the rental ends before the month expires.

For example:

* Where several debtors are each liable for the whole debt and each is liable for his own share or proportion only, they are said to be bound pro rata.
* A pro-rata dividend means that every shareholder gets an equal proportion for each share they own.
* Pro rata may refer to the recovery from special funds of costs incurred by central service agencies for the overall administration of state government.
unconscionable
not right or reasonable
Promissory Estoppel
Contract Law: where, although there may not otherwise be a enforceable contract, because one party has relied on the promise of the other, it would be unfair not to enforce the agreement.
Estoppel
a legal doctrine that prevents a person from adopting a position, action, or attitude, asserting a fact or a right, or prevents one from denying a fact inconsistent with an earlier position if it would result in an injury to someone else.
Impute
represent
Contention
heated disagreement
Intestate
not having made a will before one dies
Volenti non fit injuria
Rule that no one can maintain an action for a wrong, when he consents or contributes to the act which occasions his loss. One who with liberty of choice, and knowledge of the hazard of injury, places himself in a position of danger, does so at his own peril, and must take the consequences of his act.
Expedient
convenient and practical, although possibly improper or immoral
Res Ipsa Loquitur
a doctrine of law that one is presumed to be negligent if he/she/it had exclusive control of whatever caused the injury even though there is no specific evidence of an act of negligence, and the accident would not have happened without negligence. The traditional elements needed to prove negligence through the doctrine of res ipsa loquitur include:

1. 1. The harm would not ordinarily have occurred without someone's negligence
2. 2. The instrumentality of the harm was under the exclusive control of the defendant at the time of the likely negligent act
3. 3. The plaintiff did not contribute to the harm by his own negligence.

There has been some change in the modern application of the above elements. The "exclusive control" element has been softened in modern cases to a less strict standard, where the plaintiff must prove that other responsible causes, including the conduct of the plaintiff and third persons, are sufficiently eliminated by the evidence. The last element has also softened to a more comparative standard, so that if plaintiff was only 5% negligent in contributing to the accident, the minimal contributory negligence of the plaintiff won't bar a recovery.
Respondeat superior
t is used to describe the legal relationship between an employer and employee for purposes of determining an employer's liability for acts of an employee. A employee and employer relationship is determined based upon the amount of control the employer exercises over the service provide by the employee. An employer will be liable for acts of an employee committed while within the scope of employment. Such liability attaching to an employer due to acts of an employee is called vicarious liability.
Demur
raise doubts or objections or show reluctance
Gravamen
the essence or most serious part of a complaint or accusation
Adversarial
What American system of justice is. Which means that P and D are responsible of commencing the action, framing the legal issues, producing factual evidence to support their claims, and in the case of a jury trial, persuading the jury facts are as the parties have alleged.
Habeas corpus
A writ employed to bring a person bf a court, most frequently to ensure that the party's imprisonment or detention is not illegal. (Legality of arrest or commitmet)
Amicus Curiae
A person or an organization which is not a party to the case but has an interest in an issue before the court may file a brief or participate in the argument as a friend of the court. An amicus curiae asks for permission to intervene in a case usually to present their point of view in a case which has the potential of setting a legal precedent in their area of activity
Bona fide
purchaser or holder who takes something without fraud, deceit, or knowledge of a lien or superior claim by another. Bona fide refers to a quality of genuineness.
Void ab initio
The thing was never created or valid to begin with
Ex Officio
legislative bodies to automatically confer membership on a subcommittee to a chairman and top minority member of a committee.
Inter Alia
It is used to indicate that something is one out of a number of possibilities. For example, "he filed suit against respondents in state court, alleging, inter alia, a breach of contract."
In forma pauperis
referring to a party to a lawsuit who gets filing fees waived by filing a statement, often in the form of an affidavit, declaring the inability to pay.
Sine qua non
An indispensable thing or condition.
Jurisprudence
Jurisprudence is a catchall term for entire subject of law, the study of law and legal questions. It derives from the Latin term juris prudentia, which means "the study, knowledge, or science of law."
In Terrorem
in terrorem clause is a provision in a will which threatens that if anyone challenges the legality of the will or any part of it, then that person will be cut off or given only a dollar, instead of getting the full gift provided in the will.