Glossary of Legal Terminology Final

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of Title - a complete history of the title - who owned the property - what encumbrances were on the property - when or if they have cleared & the current status of the title
Abuse of discretion
Substantive due process - judicial review of discretionary admin - remedies
Legal & formal certification of the innocence of a person who has been charged with a crime
Acts on behalf of a prinicipal - fiduciary
the defendant was somewhere else doing something else when the crime was committed
Administrative Law Judge - hearing examiner - judicial enforcement
Primary - Individual liberties
Amortized loan
Installment loan, principals paid down over a term - mortgage/auto loan
Apparent Authority
Created by actions of - the authority the principal knowingly or negligently allow the agent to assume or the power the principal indicates the agent actually has. The agent does not have actual or imnplied authority, but the principal, by his action or non-action, gives the impression that the agent has the authority to act
Person who appears - usually loses at trial
Appellate court
Appellate jurisdiction
Non payment - money (support) is overdue & unpaid
Alchohol, Tobacco & Firearms -Law enforcement agency
Formally seizing property in order to bring it under the control of the court; this is usually done by getting a court order to have a law enforcement officer take control of the property
Act which is a substantial step toward completion of a crime "a crime that failed"
Negotiable instrument - holder of a bearer instrument is the owner - money
2 chambers - upper - Senate, lower - House of Representatives
of contract - wrongufl/unexcused non performance - failed to exercise their duty
Bridge loan
Short-term/temporary loan to be refinanced as a long term loan - construction loan
Implied agency - agency by estoppel - detriment to 3rd party - action of principal lead 3rd party to believe agency exist
By Laws
Document that sets forth the structure of corporation
13 - Executive Dept - president appoints
1st Amendment - Limit on limitation
Census Bureau
Dept of Commerce
Chapter 11
Business re-organization - only a business
Chapter 7
Under bankruptcy code - liquidation/stratight - business & individual
Commercial Paper
Negotiable instruments formal contract - represents money that someone is to be paid or that someone is owed
Common Law
800-900years old - England - case law - precedent - uniform
Compensate the plantiff for actual out of pocket losses
Related by blood - heirs - the connection of relation of people descended from acommon ancestor - blood relatives
of Court - motion to show cause why you should not be held in contempt (witness/party) civil contempt - fine, criminal contempt - jail (has to be a trial)
Civil Theft - converting someone's personal property to youyr use - takes place when a person takes the property of another with the intent of keeping it perm. Or for an indefinite period of time. The rightful owner is deprived of the use of his/her property
An offer by the offeree to the offeror that proposes a bargain different than the one proposed by the offeror - implied rejection
Credit Bureau
Credit report - credit score
Cross claim
implied another defendant - new defendant must answer complaint
Cloud on title - example, non payment of taxes/water bill on title. Title search - compile an abstract - looking for defects
person being deposed - deposition - oral discovery
refers to a part of a judicial decision that goes beyond the scope of the issues and is considered mere opinion and not binding precedent
when do they meet
Diversity of Citizenship
Citizens of two states - over $75,000
Department of Justice - US Attorney - Cabinet
Landlord duties - warranty of habitability - liveable - warranty of quiet enjoyment - no one can take away
right to use theproperty of another perm. Access - right a person has to enter and leave his own property by passing over the adjoining property of another Private - restricted to one or a few individuals. Public - sidewalks, powerlines, cable tv. etc
Equal Employment Opportunity commission - employment agency
Eminent Domain
5th Amendment - civil concept of "taking" just compensation, taking for public "use" or public "purpose"
Enabling statute
creation of admin. agency - delegation of authority to agency legislature enact to admin. Agency
dies without heirs - property becomes the property of the state because there is no valid heir to inherit
Actual eviction for unlawful detainer - Deprivation of a person of the possession of land or rental property either by re-entry or legal procedure
Ex parte
Uncontested - degree from an ex parte hearing - without another party - divorce, only one party appears & participates, the other spouse does not appear
Exclusionary rule
Any illegally obtained evidence is inadmissible in any court of law
for non-performance - legal impossibility, commercial impracticability - determined by the court
A person appointed by a testator to carry out the directions & requests in his will & to dispose of property according to the will - named in the will - cannot sue for any reason and administrator may be appointed
Expert Witness
Testify as to conclusions/opinions
The process whereby the record of a criminal conviction is either destroyed or sealed after a certain period oftime
Federal Communications Commission -
Food & Drug Administration
Federal Energy Commission
Federal Box
Disclosure - APR - Annual Percentage Rate & finance charges - total interest life of loan
Fee simple absolute
Estate, freehold estate, free & clear. Ownership of property with no limitations, restrictions, or conditions. The maximum ownership a person can have in property
Felony Murder
rule - in course of a named felony you cause the death of another
Foreign Corporation
Not incorporated within a state it is doing business
Chains exactly alike (rest.) area-geographic (auto) Manufacturing (Coca-Cola) lump sum license. Royalties - ongoing, characteristics - uniformity
Federal Trade Commission - Trade Regulation
General Indignities
Grounds for divorce - most popular
Government Corporation
GNMA - Government National Mortgage Association
Grand Jury
a jury of inquiry
will - a handwritten will that the testator writes, signs and dates
Primary residence
Horizontal Merger
Acquire a competitor
In rem
the power the court has over a thing - not a person - so that the court can enter a judgment that determines every peron's right with regard to this thing
Independent Agency
Broker (insurance)
Endorsement - assigns & transfers ownership of the commercial paper from one person to another. Blank, special, restrictive & qualified
Immigration & Naturalization Services - law enforcement agency
Authority of a court to hear a case - court of competent jurisdiction
Jury Challenges
Challenge for cause - juror is biased. Premptory challenge - no cause/reason
Jury panel
empaneling a jury - Petit jury (impartial jury)
The title given to the judges of the Supreme Court of the United States and to the judges of the appellate courts of many of the states
Lay witness
Non-exper - testify first hand knowledge
Cash - the process of the disposition of personal propery by will
Damages determined in advance in the contract
Limited Liability Company - operating agreement (1 doc) all members have an equal share/voice, continued existence under 1 doc. Transfer interest in an LLC - tax deduction, similar to corp. limited liability cannot sue a member.
Signs a promissory note
Marital property
anything acquired during a marriage - 1/2 & 1/2
Purpose - implied & expressed - the article sold is reasonably fit for the general purpose for which it was sold
Summary jury trial - fake trial, but you don't tell the jury
Erroneous or invalid trial / a hung jury
financing real property - a written agreement that gives the person or institution that is lending them the money an interest in the property
Motion to Produce
Documents (party) subpena duces tecum (witness) discovery
Municipal Court
Inferior court
National Association of Securities Dealers - not an agency - it is a self regulatory organization
National Labor Relation Board - unions/employment
No fault divorce
The parties are not required to prove fault other than the existence of irreconcilable difference
Nolo Contendere
"I will not contest" the person is pleading neither guilty nor not guilty, but declares he will not contest the charges against him. Same as a guilty plea
National Transportation & Safety Board - Safety
Office of the Comptroller of the Currency - Finance/Money agency
Open End Credit
Revolving Credit - continual extension up to limit
Municipal Court
Yes, but under an impled contract theory (contract law) payment of money to one of the parties of a live-in relationship that has ended "alimony for a pal"
Perfect the security interest - file a UCC statement w/Sec. of State/County Recorder - notice to the world - priority - possession of collateral (pawnship) PMSI - Purchase Money Security Interest (Sears)
Prayer for Relief
Damages - ad. Dannum Clause
The decision or plan to commit a crime
Probable cause
Reasonable grounds for belief in certain alleged facts that is more suspicion but less than the evidence required for conviction
Procedural Due Process
Amend 5 - Amend 14 - state, notice? Opportunity to be heard? Judicial review of discretionary admin. remedies
Rulemaking - informal, commentary - send to association for opinion
A document that sets out all the material facts concerning a company and its operations so that a potential investor may make an informed decision about the merit of his investment
% necessary in attendance to be official
Contract by - enforceable - not for necessary, minor may ratify a contract after rendering majority age - someone who at the time of the act or agreement did not have the authority to act on the principals behalf and did so. Afther fact - full disclosure - ratify all acts.
1st Amend - No law respecting establishment of a religion
Life Estate - future interest - Grant to A-remainder to heirs of A - right to possess property after the life estate has ended
Self help repossession - no court order needed if repossession does not breach the peace
Res Ipsa Loquitor
The thing speaks for itself - legal doctrine for negligence
Right of privacy
let the seeler beware - restatement of torts - no need to prove negligence
Small Business Adminstration - Finance/Money agency
Know what your are doing - knowledge/knowingly
Securities & Exchange Commission - Finance/Money Agency
Secret Service
US - Protect President and currency - law enforcement agency
Secured creditor
lien on collateral
Selective Incorporation
Due Process - 14th Amendment - State level first 10 Amendments
Self Incrimination
Testimony involuntary - coerced
Two senators are elected from each state (regardless of that state's population) and two are elected from the District of Columbia, for a total of 102. Serve for six years
Separation of Powers
Branches - creation of admin. Agency. Legislature - enact, executive - enforce, judicial - interpret. fundamental principle of the constitution
Must be the aggreived party
Stare Decisis
Statute of Frauds
States that some contracts must be in writing to be enforceable, such contracts are valid, but in order to be enforced they must be in writing.
Statutory rape
sexual intercourse with a person who is under the age of consent, even if the victim "consent's to the activity; it is still statutory rape
Strict Scrutiny
Test - a compelling government interest - narrowly tailored to achieve comp. gov't interest (void for vagueness rule)
Substituted Service
Certifed mail, publications
Sunset provisions
agency automatically ends at specific date - more control
Sunshine law
open meeting laws - open to public & announced
Tenancy at sufferance
Holdover tenant. Need notice to quiet & vacate. Remains in possession of the property after the tenancy expires. Allowed to stay by the landlord, but has no interest in or right to possession of property
Commits a tort - the person or busienss that commits the tort
US Constitution
Supreme Law of the land
Uniform Commercial Code - commercial law contracts by state statute - contracts for sale of goods (not services) not common law
Geographic location - the place where the suit is brought
Decision of hte jury/judge - could include award - verdict becomes a judgment
Vicarious Liability
one person is liable for anothers actions
Municipal ordinances
Marriage - a marriage that never legally took place - examples mental illness, disease, or intoxication (ab initio)
Attestation clause - notarize the witnesses
Land use - master plan - division of a city/town into district and the setting of regulations about what the land can be used for & the physical dimension of building that can be built

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