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50 Cards in this Set

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F.O.B.
"Free on board." Indicates that the stated price of goods includes transportation costs to the F.O.B. point, which is a specific place named in the contract.
Face
All things seen in normal inspection of a document; primarily the language of the document. For example, a contract can be valid "on its face" even though a person was forced to sign it at gunpoint and no court would uphold it.
Fact
2. Something that exists and is real as opposed to what should exist. For example, a "question of fact" is about what is or what happened, while a "question of law" is about how the law affects what happened and what should have happened according to the law. 3. Something that exists and is real as opposed to opinion or supposition.
Fair Use
The limited copying, quoting, displaying, adapting, or other use of another's copyright work permitted by copyright law even if no fee is paid and no permission is granted. Such fair use is often permitted when the copyright owner does not suffer financial loss and when the work is used for purposes such as criticism, news reporting, parody or teaching.
Fault
1. Lack of care; failure to do a duty; responsibility for a wrong; cause of harm. 2. Defect or imperfection. 3. According to the UCC, fault means a "wrongful act, omission or breach."
Federal Question
A legal issue directly involving the U.S. Constitution, statutes or treaties. Federal courts have jurisdiction in cases involving a federal question.
Felony-murder Rule
The principle that if a person (even accidentally) kills another while committing a felony, then the killing is murder. The misdemeanor-manslaughter rule is similar: if a person (even accidentally) kills another while committing a misdemeanor, then the killing is at least manslaughter.
Fiduciary
1. A person who manages money or property for another person and in whom that other person has a right to place great trust. 2. A relationship like that in defifnition no. 1. 3. Any relationship between persons in which one person acts for another in a position of trust; for example, lawyer and client or parent and child. 4. The fiduciary shield doctrine is the principle that acts performed by an employee solely for the corporation do not form the basis for jurisdiction over that person as an individual, only as a corporate employee. Compare with corporate veil.
Fixture
Anything attached to land or a building. The word sometimes refers to attached things that, once attached, may not be removed (by a tenant or by a person selling a building) and sometimes refers to those things attached that may be removed. A trade ***** is a ***** attached by a tenant for reasons of commercial gain.
Fungible
Able to be easily replaced one for another. For example, pounds of a particular grade and type of rice are **** because one may be substituted for another, but different paintings are not *****.
Garnishment
A legal process, taken by a creditor who has received a money judgment against a debtor, to get the debtor's money. This is done by attachment of a bank account or by taking a percentage of a debtor's regular income. State laws set a limit on the percentage (often 25%) of a person's wages that may be taken through the persons's employer. The Federal Wage **** Act, which in addition, gives some protection from dismissal due to *******.
General Warranty Deed
A document used for the transfer of land that includes the promise to protect the buyer against all claims by others to ownership of the property transferred. Compare with quitclaim.
Grandfather Clause
An exception to a restriction or requirement that allows all those already doing something to continue doing it even if they otherwise would be stopped by the new restriction or obligated to meet the new requirement.
Grantee
A person to whom a grant is made or land is deeded.
Grantor
A person making a grant or deeding over land.
Gravaman
The basis, gist, "heart," or material part of a charge, complaint, etc.
Gross Lease
A lease in which the landlord pays all ownership and maintenance expenses, and the tenant pays rent. Compare with net lease.
Guarantee Clause
The provision of the U.S. Consitution (Article 4, Section 4) promising the states a republican (see republic) form of government and protection from invasion and domestic violence
Guardian
A person who has the legal right and duty to take care of another person or that person's property because that other person (for example, a child) cannot. The arrangement is called "guardianship."
Guest Statute
Laws in a few states that do not permit a person who rides in another person's car as a guest (w/o payment or other business purpose) to sue that person if there is an accident, unless the accident involves more than ordinary negligence
Habeas Corpus
(Latin) "You have the body." A judicial order to someone holding a person to bring that person to court. It is most often used to get a person out of unlawful imprisonment by forcing the captor and the person being held to come to court for a decision on the legality of the imprisonment or other holding (such as keeping a child when someone else claims custody).
Habitability
The requirement that a rented house or apartment be fit to live in, primarily that it can pass building and sanitary code inspections.
Headnote
A summary of a case, or of an important legal point made in the case, placed at the beginning of the case when it is published. A case may have several headnotes.
Heir
A person who inherits property; a person who has a right to inherit property; or a person who has a right to inherit property only if another person dies without leaving a valid, complete will.
Holder in Due Course
A holder (a person who has legally received possession of a negotiable document like a check and who is entitled to get payment on it) who buys a negotiable instrument thinking it is valid, and having no knowledge that any business involving it is "shady." The UCC defines it as a "holder who takes the instrument for value in good faith and w/o notice that it is overdue or has been dishonored or of any defense against or claim to it."
Holding
The core of a judge's decision in a case. It is that part of the judge's written opinion that appplies the law to the facts of the case and about which can be said "the case means no more and no less than this." When later cases rely on a case as precedent, it is only the holding that should be used to establish the precedent.
Holograph
A will, deed, or other legal document that is entirely in the handwriting of the signer. Some stats require a holographic will to be signed, witnessed and in compliance with other formalities before it is valid. Other states require less.
Hornbook
A book summarizing the basic principles of one legal subject, usually for law students. For hornbook law, see black letter law.
Hotchpot
Combining properties belonging to different persons to redistribute them fairly, especially the practice of counting in any advancement (advancement: money or property given by a parent to a child or other heir that the parent intends to be deducted from the child's eventual share in the parent's estate when the parent dies) when dividing a decedent's estate
Hypothecate
1. To pledge or mortgage a thing without turning it over to the person making the loan. 2. Securing repayment of a loan by holding the stock, bonds, etc. of the debtor until the debt is paid, with the power to sell them if it is not paid.
Ibid
(Latin) The same; in, from, or found in the same place (same book, page, case, etc.). Short for ibidem
Id
(Latin) Exactly the same thing; the same citation as the one immediately before. Short for idem.
Illusory Promise
A statement that looks like a promise that could make a contract, but, upon close examination of the words, promises nothing real or legally binding.
Implied-in-Fact Contract
A contract with existence and terms determined by the actions of the persons involved, not by their words. Compare with express contract and quasi contract.
Impossibility
That which cannot be done. A contract is not binding and cannot be enforced if it is physically impossible (for example, to be in two places at once); legally impossible (for example, to make a contract at age four); or logically iimposible (for example, to sell a car for one thousand dollars when the buyer pays two thousand for it). These are examples of "objective impossibility."
Imputed
Something is "imputed" to you if, even though you do not know a fact, you should have known it (both legally and actually) or if, even though you are not physically responsible for something, you are legally responsible.
In camera
(Latin) "In chambers"; in a judge's private office; also describes a hearing in court with all spectators excluded.
In Forma Pauperis
(Latin) "As a pauper." Describe a court filing that is permitted without payment of the customary fees or court costs if the person filing provides that he or she is too poor to pay.
In Personam
(Latin) Describes a lawsuit brought to enforce rights against another person, as opposed to one brought to enforce rights in a thing against the whole world (in rem). For example, a suit for automobile accident injuries is in personam because it is against the driver or owner only. A suit to establish title to land is in rem because even if there is a person fighting the claim on the other side, a victory is binding against the whole world and a "thing" is primarily involved.
In rem
(Latin) Describes a lawsuit brought to enforce rights in a thing against the whole world as opposed to one brought to enforce rights against another person. For an example of each type of suit, see in personam.
Indicia
Indications; pointers; signs; circumstances that make a certain fact probable, but not certain. For example, indicia of partnership are those circumstances that tend to show that a particular business arrangement is a partnership and indicia of title are documents, such as photocopies of bills of sale, that show, but not conclusively, who holds title to personal property.
Information
A formal accusation of a crime made by a proper public official such as a prosecuting attorney.
Interpleader
1. A procedure in which persons having conflicting claims against a third person may be forced to resolve the conflict before seeking relief from the third person. For example, if A is sued by B for the same debt, A may interplead C (bring in or "join" C as a party) to the suit. 2. Interpleader also refers to the settling or deciding of claims between defendants in order to then settle or decide claims between the plaintiff and the defendants.
Joint and Several
Both together and individually. For example, a liability or debt is joint and several if the creditor may sue the debtors either as a group (with the result that the debtors would have to split the loss) or individually (with the result that one debtor might have to pay the whole thing).
Judge Advocate
A military legal officer who may act as a judge or a lawyer. A judge advocate general heads the legal system of each service (army, navy, etc.)
Judgment
The official decision of a court about the rights and claims of each side in a lawsuit.
Judicial Discretion
The right of a judge to have great leeway in making decisions, so long as he or she follows the law and proper procedures and refrains from arbitrary action.
Juris Doctor
Doctor of laws. The basic U.S. law degree. See J.D.
Jurisdiction
1. The geographical area within which a court (or a public official) has the right and power to operate. 2. The persons about whom and the subject matters about which a court has the right and power to make decisions that are legally binding. For types of jurisdiction, such as ancillary, appellate, in personam, in rem, etc. see those words.
Jurisprudence
The study of law and legal philosophy.