Study your flashcards anywhere!

Download the official Cram app for free >

  • Shuffle
    Toggle On
    Toggle Off
  • Alphabetize
    Toggle On
    Toggle Off
  • Front First
    Toggle On
    Toggle Off
  • Both Sides
    Toggle On
    Toggle Off
  • Read
    Toggle On
    Toggle Off
Reading...
Front

How to study your flashcards.

Right/Left arrow keys: Navigate between flashcards.right arrow keyleft arrow key

Up/Down arrow keys: Flip the card between the front and back.down keyup key

H key: Show hint (3rd side).h key

A key: Read text to speech.a key

image

Play button

image

Play button

image

Progress

1/52

Click to flip

52 Cards in this Set

  • Front
  • Back
Easement
The right of a specific nonowner of a piece of land (like next door neighbor, gov. or utility) to use part of the land in a particular way
Declaratory Judgment
A judicial opinion that states the right of the parties or answers a legal question without awarding damages or ordering that anything be done.
Attachment
Formally seizing property (or a person)in order to bring it under control of the court
Best Evidence Rule
A rule of evidence law that often requires the most reliable available proof of a fact must be produced
Burden of Proof
The erquirement that to win a point ot have an issue decided in your favor in a lawsuit you must show that the weight of the evidence is on your side, rather than "in the balance" on that question.
Decision on the Merits
A final decision that fully and properly decides the subject matter of the case, with the effect that other lawsuits may not be brought by the same person on the same subject against the same opponent.
Demurrer
A legal pleading that says in effect, "even if the facts presented by the other side are correct, those facts do not give the other side a legal argument that can possibly stand up in court. The demurrer in many courts has been replaced by a motion to dismiss.
Affirm
When a higher court declares that a lower court's action was valid and right.
Creditor
A person to whom a debt is owed.
Ex Parte
(Latin) with only one side present. For example, _____ order is made on the request of one side in a lawsuit for one reason or another
Bailment
A temporary delivery of property by the owner into another person's custody (keeping)
Enrolled Bill
A bill that has gone through the steps necessary to make it a law; the rule is that once a law has been fully formalizedk its wording may not be changed by referring to previous versions.
Encroachment
An unlawful burden placed on another's land or another's rights in land, especially for the placement of a stucture (such as a fence or a bldg.) on another's land.
Estoppel
Being stopped by your own prior acts from claiming a right against another person who legitimately relied on those acts.
Blue Law
A law (state or local) that forbids selling or other activities on Sunday; originally any law based on religious restrictions.
Business Judgment Rule
A principle that if persons running a corporation make honest, careful decisions within their corporate powers, no court will interfere with these decisions even if the results are bad.
Error
A mistake made by a judge in the procedures used at trial, or in making legal rulings during the trial. Some of these may be objected to at the time in order to ask a higher court to review the case. If this could have affected the outcome, it called a reversible error, plain, or fatal by the higher court. If it is trivial, it is called harmless _________
Agency
A relationship in which one person acts for or represents another by the latter's authority.
Escheat
The states getting property because no owner can be found. For example, if a person dies and no person can be found who can legally inherit that person's property, the government gets it by _________.
Ejusdem Generis
(Latin) of the same kind or type. Under the generic rule, when a list in a document is followed by general words, those words should apply only to things of the same kind as as the things on the list. (Pronounce: ee-use-dem)
De Jure
(Latin) of right, legitimate; lawful whether or not true in actual fact. For example, a president may still be the head of a government even if the earmy takes actual power by force.
Corporation
An organization that is formed under the state or federal law and exists, for legal purposes, as a separate being or an "artificial person".
Damages
Money that a court orders paid to a person who has suffered
Action
A civil lawsuit or criminal prosecution
Court
A place where judge's work
Defendant
A person against whom a legal action is brought, civil or criminal
Binder
A temporary, preliminary insurance contract
En Banc
French) All the judges of a court participating in a case all together, rather than individually or in panels of a few
Contract
An agreement that affects ir creates legal relationships between two or more persons. To be a contract, an agreement must involve at least one promise, consideration, persons legally capable of making binding agreements and a reasonable certaintly about the meaning of the terms
Declaratory Judgment
A court order or judgment that ends a lawsuit. It may be "with prejudice" (no further lawsuit may be brought by the same persons on the same subject or "without prejudice")
Deep Pockets
Capacity to pay a lot of money
Adhesion
"Stick to". A contract that favors one side more than the other
Brief
A written statement prepared by one side to explain its case to the judge; a summary of a published opinion in a case
Conviction
The result of a criminal trial in which a person is found guilty
Abatement
Reduction or decrease; proportional reduction. "John gets $500 and the heirs' share may abate to zero".
Appeal
Ask a higher court to review the actions of a lower court in order to correct mistakes or injustice.
Complaint
The first main paper filed in a civil lawsuit.
Constitutional
Consistent with the constitution; not in conflict with thefundamental law contained in a state or federal constitution
Black Letter Law
Important basic legal principles, rules or laws that are accepted by most judges in most stats or well accepted in a particular state
Abstention Doctrine
The principle that a court should refrain from using its jurisdiction to take a case when there is good reason to have the matter handled by a state court (or agency) that also has jurisdiction
Criminal
Having to do with the law of crimes and illegal conduct
Deed
A document by which one person transfers the legal ownership of land to another person
Ad Litem
"For the suit" for the purpose of this lawsuit
Civil
Not criminal
Burden of Proof
The requirement that to win a point or have an issue decided in your favor in a lawsuit you must show that the weight of the evidence is on your side rather than "in the balance" on that question
Decision on the Merits
A final decision that fully and properly decides the subject matter of a case, with the effect that other lawsuits may not be brought by the same person on the same subject against the same opponent.
Demurrer
A legal plading that says "even if the facts presented by the other side are correct, those facts do not give the other side a legal argument that can possibly stand up in court.
Accessory
A person who helps commit a crime without being present
Case
Lawsuit; a dispute that goes to Court
De Facto
(Latin)in fact; actual; a situation that exists whether or not it is lawful as in a _________ corporation.
Creditor
A person to whom a debt is owed
Erratum
(Latin) Mistake printed or written