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150 Cards in this Set

  • Front
  • Back
reduce, diminish, or entirely destroy
to aid or encourage another
to cancel or revoke
American Civil Liberties Union
actus reus
the physical act of committing a crime
ad hoc
for a particular purpose
to judicially decide
female administering the estate of one intestate
person who gives an affidavit
written declaration of facts confirmed by oath of the affiant
alio intuitu
"in another view"
amicus curiae
friend of the court
connected to
for the sake of argument
a common law action based on a contract
at bar
before a court
a declaration, assertion or allegation in a pleading
bona fide
in good faith
legal competence, either age or fitness
cause of action
the claim made by P
caveat emptor
let the buyer beware
granted or not by supreme court; if granted, court will consider the case
equity court; the relief given by an equity court
charge to jury
jury instructions
item of personal property (as opposed to real property); includes animate and inanimate items
moveable or transferable property
chattle paper
paper showing monetary obligation and security interest or lease of specific goods
civil action
any suit that is not a criminal case
(n) property that secures a debt; (adj) related to, supplimental
common law
the body of law derived from judicial opinions
Having an effect in law; not necessarily in fact.
Permanent disposition of someone's personal property
criminal law
defines certain conduct as criminal and the punishment to impose for such conduct
de facto
in fact or in deed
de jure
in law or by law
de novo
A pleading stating, althought the evidence may be true ther eis not enough to justify relief nor for the D to form an answer.
discovery tool; attorney asks question to deponent; under oath; written transcript
extraneous observations and opinions in a case ; have no precential weight
means by which parties to suit gather info from the other side to prepare for trial
en banc
with all judges present and participating
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
definite, declared or written; not ambiguous
fee simple
complete title
Personal property affixed to real property and considered part thereof
force majeure
force outside parties control; eg, fire, earthquake, flood, act of God
a reasonable person could appreciate the possible consequences
an estate in land held in fee simple
promise to pay the debt of another person should they fail to pay
habeas corpus
a writ contending a D is unlawfully deprived of freedom; ie, is being unlawfully imprisoned
legalese for "before"
exemption from something the law requires of citizens
indirect, implied or inferred; the opposite of "express"
implied consent
consent inferred from one's conduct; not one's direct expression
in personam
proceedings instituted against the person
in rem
proceedings against the thing itself; ie, naming the property itself as D in a foreclosure action
not completed, partial
written and sworn accusation charging a person with the commission of some offense
a discovery device; written questions given to witness who attests to their truth
one who dies without a will
ipso facto
by the fact itself
judgement notwithstanding the verdict - where the judge overrules the jury's decision
judgement non obstante veredicto
judicial notice
when a court takes as true a certain fact even though neither party has provided evidence to support it
power of the court. Two kinds: (1) subject matter ~; (2) personal ~.
the philosophy of law; the science of law
when a party unreasonable neglect to assert a claim, an equity court can bar the claim under the doctrine of laches
lis pendens
a pending lawsuit; a courts control over property unvolved in the lawsuit until final judgement
long arm statutes
a statute giving personal jurisdiction over an out of state individual for actions in the particular state
important or necessary
a common legal princpal frozen into concise language (eg, posession is 9/10 of law)
mens rea
a guilty mind
connection, like; often causal
nisi prius
a civil trial court with issues tried before a jury
in spite of
oral, as opposed to written
per contra
on the other hand
per curiam
"by the court"; denotes a legal opinion authored by the whole court as opposed to a single judge or justice
per se
alone; without reference to additional facts
personal jurisdiction
a court's power over a person's personal rights, not their property
party instigating an equity proceeding or who appeals from a judgement; same as P or appellant
old word for pleading
formal written claims of parties to a lawsuit
Full, complete
doctrine providing that federal law preempts state and local law
damage or detriment to one's legal rights or claims
prima facie
on the face of it, at first sight; prima facie case is one appearing to require a trial
a reason to justify an action
prospective law
applies only to acts done after the enactment of the law
an inference that a certain fact is true
punishment, penalty
quantum meruit
" as much as deserved" ; paying a resonable estimation of the value of what was received
quid pro quo
"something for something"
reasonable person
a hypothetical everyman; person with human faculties and failures, of average intelligence and reason
annulment, nulification
sending something back for further action
res ipsa loquitur
"the thing speaks for itself" ; doctric infers negligence on D ; action doesn't usually happen without negligence
res judicata
~ effect means judgement is final; can not be challenged anytime later
respondeat superior
vicarious liability; eg, liabilty of an employer for its employee
responds to a peritioners claim; same as defendant or appellee
retrocative law
law applying to actions done in the past, present and future
a repeat offender, a habitual criminal
sine qua non
an absolute requirement or necessity
slip opinion
decision of a court published as leaflet before printed in the reporters
stare decisis
the doctrine of precedent
sua sponte
on their own accord
subject matter jurisdiction
a court's power over the nature of a case or the type of relief sought
an order requiring someone to appear to give sworn testimony regarding a case
dying with a will
evidence given by a witness who is competent and under oath
third party beneficiary
person for whose benefit an agreement is made, but who is not a party to the agreement
Legal right to control and dispose of property
Transfer of intent
Intent to battery of one; but actually batters another
a systematic, usually lengthy writing on a subject
Wrongful entry on another's real property
Trespass to chattel
minor form of conversion; not permanent
uniform commercial code
code governing commercial transactions: sales, leases, xfr of goods, funds, securities
one sided, by one party or for the benefit of one party only
US Attorney
prosecutes and defends the US gov't in all civil suits in which it is involved
usque ad coelum
"up to the sky"
charging an illegally high rate of interest
formal decision made by a jury
voir dire
the Q&A session with judge, attorneys and potential jurors
intentionally giving up a right
with prejudice
dismissed with prejudice bars subsquent re-filing of the cause at a later date
without prejudice
dismissed without prejudice allows re-filing of the cause at a later date
a court's written order
a court order requiring someone to do something or giving authority to have it done
Purpose of UCC
(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.
What can you not disclaim or deviate from within the UCC?
Obligations of good faith, diligence, reasonableness and care.

Although these can be defined and agree to the standards of their performance.
Things in action
Things of property
A thing; a chattel
A bar preventing one from making an allegation or a denial that contradicts what one has previously stated as the truth.
the bargain of the parties
Bill of Lading
document evidencing receipt of goods
CONTRACTS: written so a reasonable person against whom it is to operate ought to have noticed it.
The total legal obligation resulting from the parties' agreement
Voluntary transfer of possession
Document of Title
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
goods or securities of which any unit is the equivalent of any other like unit
Good Faith
honesty in fact in the conduct or trx concerned
A person has "NOTICE" of fact when:
(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
A person "GIVES" notice or "NOTIFIES" when:
taking such steps as reasonably required to inform the other, whether or not such other actually comes to know of it.
A person "RECEIVES" notice when:
(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
Knowledge, or notice, is effective when:
(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
Notice is SENT when:
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
any symbol executed or adopted with intention to authenticate a writing
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.
Reasonable Time;
(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
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.