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147 Cards in this Set
- Front
- Back
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abatement
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reduction, termination
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abrogation
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annulment of a former law by an act of a legislative body, by constitutional authority, or by usage.
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acceptance
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in contract law, consent to abide by the terms of an offer; taking or receiving a thing in good faith with the intention of retaining it
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accession
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that which increases the size or value of a property
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accommodation
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arrangement made as a favor to another rather than for consideration received
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acquittal
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release or discharge of an obligation or liability; in criminal law, a finding of not guilty
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ademption
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satisfaction of a legacy by gift prior to testator's death
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adhesion contract
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standardized contract form in which a party with little or no bargaining power is forced to accept its terms
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adjudication
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judgment or decision of the court
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administrative law
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body of rules and regulations having the force of law and promulgated by an administrative body created by Congress or a state legislature
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adverse possession
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aquiring the title to real estate by hostile possession rather than by purchase
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affiant
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one who makes or swears to the truth of an affidavit
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affidavit
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sworn statement in writing taken before a notary public or other authorized officer
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affirmative defense
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allegation of a responsive pleading which, if it can be proved, negates the allegations of the complaint
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agent
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person authorized by another to act for him, one entrusted with another's business
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agreement
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meeting of the minds, preliminary to contract formation
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allegation
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assertion made but not proved
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amortization
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gradual extinction of a monetary obligation by periodic payments that usually includes interest
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amnesty
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sovereign forgetfulness of past acts, usually available for a limited time
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cause of action
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facts giving rise to a legal remedy
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chattel
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personal property
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choate
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perfected; complete
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chose in action
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a personal right not yet reduced to judgment
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civil code
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collection of laws or statutes relating to private rights or remedies
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civil law
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laws which relate to private rights and remedies; distinguished from criminal law
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Code Civil
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law of the state of Louisiana consisting of a collection of statutes and based upon the Napoleonic Code, distinguished from common law
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code
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collection of laws or statutes
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codicil
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an addition or change to an original will
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common law
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law based upon custom, usage, and judicial decision, distinguished from statutory law
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community property
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property owned in common by husband and wife, each owning an undivided one-half interest as a result of their marital status
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commutation
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substitution of a lesser punishment for a greater one
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condemnation
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the process of taking private property for public use under a government's right of eminent domain
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consideration
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the lawful price, motive, cause, impelling influence, or inducement for a contract
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contract
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agreement between competent parties, supported by consideration, to do or to refrain from doing some lawful act
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conversion
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wrongful taking of personal property with intent to deprive its owner of it permanently
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covenant
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agreement or promise, often restricting the use of real estate
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creditor
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one to whom a debt or obligation is owed
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criminal law
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laws which control standards of conduct and which prescribe the punishments for disobedience
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debenture
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bond given as evidence of corporate debt
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decree
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the final order of an equity court
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defamation
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that which holds one up to contempt or ridicule; that which injures ones reputation
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deponent
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one who gives a deposition
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deposition
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sworn testimony given by question and answer in a non-courtroom setting, which is recorded and transcribed by a court reporter
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devise
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gift of real property by will
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enjoin
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to prevent or forbid by injunction
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equity
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justice administered by principles of fairness, distinguished from strict rules of law
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escheat
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reversion of property to the state when there are no heirs to inherit the property at a person's death
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estop
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to stop
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estoppel
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doctrine under which a person's acts or failure to act prevents her from seeking legal relief, although she would have been entitled to relief otherwise.
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evidentiary
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constituting evidence or proof, having the quality of evidence
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exemptions
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immunity from a general burden, tax, or charge; in bankruptcy or in judgment executions, that portion of the debtor's property that cannot be liquidated and applied to her debts
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felony
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a crime for which the maximum possible punishment is death or imprisonment for one or more years in a penitentiary
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fraud
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any artifice used by one person to deceive another
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general denial
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a pleading in the form of an answer, which denies allegations made by the opposing party but which contains no affirmative defenses
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grantee
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one to whom real estate is conveyed; the buyer of real estate
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grantor
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one who conveys real estate, the seller of real estate
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guarantor
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one who agrees to undertake the financial obligation of another
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guaranty
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agreement to undertake the financial obligation of another
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guardian
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one charged with responsibility to manage the person matters of another who is incompetent because of age, understanding, or lack of self control
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guardian at litem
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person appointed by a court to look after the interests of a child or incompetent during the pendency of a litigation
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inchoate
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unfinished, incomplete
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indemnify
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to secure against loss of damage
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indictment
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written accusation issued by a grand jury against a defendant in criminal law
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information
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written accusation issued by a prosecutor against a defendant in criminal law
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injunction
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an order issued by a court of equity requiring a person to do or not do a specific act.
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insolvent
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condition of a person or entity that exists when total liabilities exceed total assets
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interlocutory
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provisional, interim, not final
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interrogatories
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a series of formal written questions address to a party for discovery purposes
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intestate
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without a will, one who dies without a will
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jurat
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clause of a notary public or authorizing officer attesting that a statement or document was sworn to by a specific person on a specific date
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jurisprudence
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science of law; system of law
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laches
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a doctrine by which equitable relief is denied to one who has waited too long to seek relief
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lessee
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one who possesses or uses the property of another, tenant
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lessor
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a title holder of property who contracts for its possession or use by another; landlord
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liable
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legally responsible
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libel
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written defamation
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lien
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a charge, security, or encumbrance on property
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litigation
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contest in a court of law for the purpose of enforcing a right or seeking a remedy
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magistrate
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court officer with limited judicial authority; a public officer
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malfeasance
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evil doing; performance of an act with bad intent
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mediation
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arrangement to attempt settlement of a dispute by using a neutral party as the referee; unlike an arbitrator, a mediator does not issue a binding decision
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memorandum of law
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brief of law submitted to a court by the attorney for a party
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memorandum opinion
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very short opinion of a court
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metes and bounds
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a method of describing real estate using boundary lines with terminal points and angles
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misdemeanor
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a criminal offense for which the maximum possible punishment is a fine or incarceration for less that one year.
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misfeasance
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improper performance of an otherwise lawful act
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mitigation
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duty of parties to minimize damages after an injury is sustained or a breach occurs
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mortgage
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conditional conveyance of an interest in real estate, usually as security for a debt
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mortgagor
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an owner of real estate who gives a mortgage
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motion
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application (not a pleading) or request made to a court to obtain an interim ruling order
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motion in limine
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application requesting a court to rule in advance that specific, unfairly prejudicial information will not be mentioned during trial
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negligence
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failure to use the care which a reasonable and prudent person would use in similar circumstances.
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novation
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substitution of a new contract, debt, or obligation for an existing one between the same or different parties
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nuncupative
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oral, not written
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offer
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a promise; a commitment to do or to refrain from doing some specific acts
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offeree
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one to whom an offer is made
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offeror
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one who makes an offer
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option
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a right supported by consideration to purchase property at an agreed price within a specified time
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order
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mandate, command, or direction authoritatively given, mandate of a court
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ordinance
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legislative enactment (law enacted) by a local government such as a county or a city
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parol evidence
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oral proof of contract terms which are not contained within the written contract document
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parole
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release from imprisonment upon specific conditions related to conduct or good behavior
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patent
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inventor's rights - last 17 years.
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payee
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one to whom payment is made
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payor
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one who makes payment
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pecuniary
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monetary; relating to money
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pleading
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in federal court, complaint, answer to complain, and reply to cross-claim (no other pleadings are allowed)
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prededent
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holding of a case which guides the decisions in future cases involving similar facts and similar legal issues
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privileged communications
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statements made by persons within specific, protected relationships for evidentiary purposes (husband-wife, attorney-client, priest-parishioner, etc)
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probable cause
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justification to believe that a crime was committed and that the accused is the person who committed it
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probation
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a sentence which releases a convicted person into the community under the supervision of a probation offcer
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promissory estoppel
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a doctrine which prevents a party to a contract from denying that consideration was given for the contract
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proximate cause
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the last (negligent) act which leads to injury; legal cause
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proxy
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an instrument authorizing one to cast the votes of another at a corporate meeting
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punitive damages
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damages awarded over and above the amount of losses, which are awarded as punishment of the wrongdoer.
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rescission
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an equitable remedy which invalidates a contract on the basis of mutual mistake, fraud, impossibility, etc.
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quiet title action
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action to determine the clear title to real estate
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quitclaim deed
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deed without warranty, which passes only that title which the grantor has
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recidivist
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repeat offender
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replevin
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action to recover possession of personal property
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restitution
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restoration of a thing to its rightful owner; a measure of damages according to the defendant's gains rather than the plaintiff's losses
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service of process
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delivery of a writ, summons, subpoena to the person named therein
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settlor
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one who creates a trust, trustor
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slander
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spoken defamation
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specific performance
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equitable remedy in contract law which requires the breaching party to perform according to the specific terms of the contract
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statue
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legislative enactment (law enacted) by congress or state legislature
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statue of llimitations
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statute which limits the time within which a cause of action may be filed
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stipulation
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agreement between parties to a lawsuit concerning matters related to the trial
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subpoena
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a writ commanding the named person to appear at a specific time and place
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subpoena duces tecum
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a write commanding the named person to appear at a specific time and place to bring specific records or documents with her
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summons
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document served upon a defendant to notify her that a suit has been filed against her and directing her to answer or to otherwise appear in the case by a specific date
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temporary restraining order
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an emergency injunctive order of short duration to require or to forbid an act until a hearing can be held
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testimonium clause
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the clause of an instrument which begins "In witness whereof,"
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tickler system
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reminder system used in law offices to supplement diaries and calendars in the overall docket control system
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tort
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a civil wrong such as negligence or trespass, as distinguished from a criminal offense (the same conduct may result in both tort liability and criminal liability)
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trust account
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account where client funds are kept separate from attorney funds
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usury
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the excess over the lawful interest rate
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vendee
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the purchaser or buyer of property
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vendor
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the seller of property
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verification
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confirmation of accuracy; sworn oath by an authorized person that certain statements are true to the best of his or her knowledge and belief
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void
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having no legal force or effect
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voidable
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that which is capable of being declared void but which is valid until such declaration is made
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warranty
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a promise to defend the truth of a fact
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warranty deed
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a deed conveying land which guarantees that the title is free of defects to marketability
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with prejudice
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a declaration (usually in connection with an order of dismissal) which ends the right to further relief; it prevents either party from filing future complaints based on the same claim or cause of action
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without prejudice
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a declaration (usually in connection with an order of dismissal) which preserves any rights or privileges that a party may have to file a future complaint based upon the same claim or cause of action
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writ of execution
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order of a court after judgment commanding a court officer to seize property in satisfaction of the judgment
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