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10 Cards in this Set
- Front
- Back
Define "Adhesion Contract"
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Standardized contract form offered for goods or services - take it or leave it - no realistic opportunity to bargain.
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Define Affirmative Defenses
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A defense which assumes claim to be true but asserts a legal defense to it.
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Define Certiorari (Writ of Certiorari)
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Writ issued by an appellate court directing a lower court to deliver the record in a case for review. US Supreme court uses certiorari to review most of the cases it decides to hear.
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Define Demurrer
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A pleading stating that although the facts alleged in a complaint may be true, they are insufficient for the plaintiff to state a claim for relief.
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Define Jurisprudence
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Judicial precedents considered collectively
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Define Mandamus
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A writ issued by a superior court to compel a lower court or a government officer to perform mandatory or purely ministerial duties correctly.
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Per Curiam Opinion
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An opinion handed down by an appellate court wihtout identifying the individual judge who wrote the opinion.
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Stare Decisis
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"To stand by things decided."
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Sua Sponte
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In Latin, of one's own accord. Voluntarily. Without prompting or suggestion. On its (usually the court's) own motion.
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Tort
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A civil wrong, other than breach of contract, for which a remedy may be obtained, usually in the form of damages. A breach of duty that the law imposes on persons who stand in a particular relation to one another.
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