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150 Cards in this Set
- Front
- Back
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abate
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reduce, diminish, or entirely destroy
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abet
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to aid or encourage another
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abrogate
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to cancel or revoke
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ACLU
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American Civil Liberties Union
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actus reus
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the physical act of committing a crime
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ad hoc
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for a particular purpose
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adjudge
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to judicially decide
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Admnistratrix
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female administering the estate of one intestate
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affiant
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person who gives an affidavit
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affidavit
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written declaration of facts confirmed by oath of the affiant
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alio intuitu
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"in another view"
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amicus curiae
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friend of the court
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annexed
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connected to
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arguendo
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for the sake of argument
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assumpsit
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a common law action based on a contract
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at bar
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before a court
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Averment
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a declaration, assertion or allegation in a pleading
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bona fide
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in good faith
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capacity
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legal competence, either age or fitness
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cause of action
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the claim made by P
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caveat emptor
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let the buyer beware
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certiorari
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granted or not by supreme court; if granted, court will consider the case
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chancery
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equity court; the relief given by an equity court
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charge to jury
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jury instructions
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chattel
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item of personal property (as opposed to real property); includes animate and inanimate items
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chattle
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moveable or transferable property
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chattle paper
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paper showing monetary obligation and security interest or lease of specific goods
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civil action
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any suit that is not a criminal case
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collateral
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(n) property that secures a debt; (adj) related to, supplimental
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common law
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the body of law derived from judicial opinions
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Constructively
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Having an effect in law; not necessarily in fact.
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Conversion
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Permanent disposition of someone's personal property
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criminal law
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defines certain conduct as criminal and the punishment to impose for such conduct
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de facto
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in fact or in deed
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de jure
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in law or by law
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de novo
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Anew
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Demmurer
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A pleading stating, althought the evidence may be true ther eis not enough to justify relief nor for the D to form an answer.
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depostion
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discovery tool; attorney asks question to deponent; under oath; written transcript
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dicta
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extraneous observations and opinions in a case ; have no precential weight
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discovery
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means by which parties to suit gather info from the other side to prepare for trial
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en banc
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with all judges present and participating
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equity
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derived from English law; system of justice separate from common law; objective of fairness andjustice; US courts have both legal and equitable powers and administer equitable relief alongside legal relief
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express
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definite, declared or written; not ambiguous
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fee simple
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complete title
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Fixture
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Personal property affixed to real property and considered part thereof
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force majeure
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force outside parties control; eg, fire, earthquake, flood, act of God
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foreseeable
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a reasonable person could appreciate the possible consequences
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freehold
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an estate in land held in fee simple
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guaranty
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promise to pay the debt of another person should they fail to pay
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habeas corpus
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a writ contending a D is unlawfully deprived of freedom; ie, is being unlawfully imprisoned
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heretofore
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legalese for "before"
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immunity
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exemption from something the law requires of citizens
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implied
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indirect, implied or inferred; the opposite of "express"
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implied consent
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consent inferred from one's conduct; not one's direct expression
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in personam
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proceedings instituted against the person
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in rem
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proceedings against the thing itself; ie, naming the property itself as D in a foreclosure action
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inchoate
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not completed, partial
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indictment
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written and sworn accusation charging a person with the commission of some offense
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interrogatories
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a discovery device; written questions given to witness who attests to their truth
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Intestate
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one who dies without a will
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ipso facto
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by the fact itself
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jnov
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judgement notwithstanding the verdict - where the judge overrules the jury's decision
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jnov
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judgement non obstante veredicto
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judicial notice
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when a court takes as true a certain fact even though neither party has provided evidence to support it
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jurisdiction
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power of the court. Two kinds: (1) subject matter ~; (2) personal ~.
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jurisprudence
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the philosophy of law; the science of law
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laches
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when a party unreasonable neglect to assert a claim, an equity court can bar the claim under the doctrine of laches
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lis pendens
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a pending lawsuit; a courts control over property unvolved in the lawsuit until final judgement
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long arm statutes
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a statute giving personal jurisdiction over an out of state individual for actions in the particular state
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material
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important or necessary
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maxim
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a common legal princpal frozen into concise language (eg, posession is 9/10 of law)
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mens rea
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a guilty mind
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nexus
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connection, like; often causal
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nisi prius
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a civil trial court with issues tried before a jury
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notwithstanding
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in spite of
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parol
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oral, as opposed to written
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per contra
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on the other hand
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per curiam
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"by the court"; denotes a legal opinion authored by the whole court as opposed to a single judge or justice
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per se
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alone; without reference to additional facts
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personal jurisdiction
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a court's power over a person's personal rights, not their property
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petitioner
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party instigating an equity proceeding or who appeals from a judgement; same as P or appellant
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plea
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old word for pleading
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pleadings
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formal written claims of parties to a lawsuit
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Plenary
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Full, complete
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preemption
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doctrine providing that federal law preempts state and local law
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prejudice
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damage or detriment to one's legal rights or claims
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prima facie
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on the face of it, at first sight; prima facie case is one appearing to require a trial
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privilege
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a reason to justify an action
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prospective law
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applies only to acts done after the enactment of the law
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prsumption
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an inference that a certain fact is true
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punitive
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punishment, penalty
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quantum meruit
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" as much as deserved" ; paying a resonable estimation of the value of what was received
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quid pro quo
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"something for something"
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reasonable person
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a hypothetical everyman; person with human faculties and failures, of average intelligence and reason
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recission
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annulment, nulification
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remand
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sending something back for further action
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res ipsa loquitur
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"the thing speaks for itself" ; doctric infers negligence on D ; action doesn't usually happen without negligence
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res judicata
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~ effect means judgement is final; can not be challenged anytime later
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respondeat superior
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vicarious liability; eg, liabilty of an employer for its employee
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respondent
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responds to a peritioners claim; same as defendant or appellee
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retrocative law
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law applying to actions done in the past, present and future
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Revidivist
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a repeat offender, a habitual criminal
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sine qua non
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an absolute requirement or necessity
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slip opinion
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decision of a court published as leaflet before printed in the reporters
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stare decisis
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the doctrine of precedent
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sua sponte
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on their own accord
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subject matter jurisdiction
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a court's power over the nature of a case or the type of relief sought
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subpoena
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an order requiring someone to appear to give sworn testimony regarding a case
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testate
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dying with a will
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testimony
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evidence given by a witness who is competent and under oath
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third party beneficiary
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person for whose benefit an agreement is made, but who is not a party to the agreement
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Title
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Legal right to control and dispose of property
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Transfer of intent
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Intent to battery of one; but actually batters another
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treatise
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a systematic, usually lengthy writing on a subject
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Trespass
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Wrongful entry on another's real property
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Trespass to chattel
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minor form of conversion; not permanent
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uniform commercial code
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code governing commercial transactions: sales, leases, xfr of goods, funds, securities
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unilateral
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one sided, by one party or for the benefit of one party only
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US Attorney
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prosecutes and defends the US gov't in all civil suits in which it is involved
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usque ad coelum
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"up to the sky"
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usury
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charging an illegally high rate of interest
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verdict
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formal decision made by a jury
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voir dire
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the Q&A session with judge, attorneys and potential jurors
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waiver
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intentionally giving up a right
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with prejudice
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dismissed with prejudice bars subsquent re-filing of the cause at a later date
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without prejudice
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dismissed without prejudice allows re-filing of the cause at a later date
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writ
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a court's written order
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writ
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a court order requiring someone to do something or giving authority to have it done
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Purpose of UCC
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(1) simplify, clarify and modernize the law governing commercial trx;
(2) permit continued expansion of comm practices thru custom, usage and agreement of the parties; (3) make the law uniform among jurisdictions. |
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What can you not disclaim or deviate from within the UCC?
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Obligations of good faith, diligence, reasonableness and care.
Although these can be defined and agree to the standards of their performance. |
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Things in action
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Things of property
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Chose
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A thing; a chattel
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estoppel
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A bar preventing one from making an allegation or a denial that contradicts what one has previously stated as the truth.
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Agreement
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the bargain of the parties
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Bill of Lading
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document evidencing receipt of goods
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Conspicuous
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CONTRACTS: written so a reasonable person against whom it is to operate ought to have noticed it.
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Contract
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The total legal obligation resulting from the parties' agreement
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Delivery
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Voluntary transfer of possession
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Document of Title
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Includes bill of lading, dock warrant, receipt, order for delivery, etc., evidencing the person in possession is entitled to receive, hold and dispose of the document and the goods it covers
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Fungible
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goods or securities of which any unit is the equivalent of any other like unit
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Good Faith
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honesty in fact in the conduct or trx concerned
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A person has "NOTICE" of fact when:
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(a) he has knowledge of it, or
(b) he has received a notice of it, or (c) from all facts and circumstances known to him at the time, he has reason to know it exists |
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A person "GIVES" notice or "NOTIFIES" when:
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taking such steps as reasonably required to inform the other, whether or not such other actually comes to know of it.
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A person "RECEIVES" notice when:
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(a) it comes to his attention
(b) it is duly delivered at the place of business of contract or other place set out as location of the person |
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Knowledge, or notice, is effective when:
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(a) it is brought to the attention of the individual conducting the trx
(b) when it would have been brought to that person's attention if the organization had exercised due diligence |
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Notice is SENT when:
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it is deposited in the mail or delivered for transmission by any other usual means of communication with cost of postage or transmission provided for
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"Signed"
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any symbol executed or adopted with intention to authenticate a writing
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"NOTIFIES" vs "SEND"
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Notifies: used when the essential fact is the proper dispatch of the notice, not the receipt.
Send: When the essential fact is the other party's receipt of the notice. |
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Time;
Reasonable Time; Seasonably |
(a) any time not manifestly unreasonable may be fixed by agreement
(b) depends on the nature of the action (c) an action is "seasonable" if taken within agreed-to or reasonable time |
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Course of Dealing
Usage of Trade |
* Course of Dealing - past history of interaction between the parties.
* Usage of trade - practice and method within the industry * Both suppliment/qualify terms of an agreement * Express terms control both COD and UOT; and COD controls UOT. |
