Law and the Legal System Final 7-12
Terms
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- tenancy in common
- a form of co-ownership WITHOUT a right of survivorship and that permits unequal shares
- service of process
- the act of delivering a writ or summons upon someone
- res judicata
- "The thing has been decided." A claim cannot be retried between the same parties if it has already been legally resolved.
- Doctrine of Respondeat Superior
- a principle of agency whereby a principle is held responsible for the negligent acts of an agent acting within the scope of the agency
- mortgage
- a conditional conveyance of property as security for the repayment of a loan
- fraud
- a contract induced by intentionally false misrepresentations is voidable
- bailment
- when the owner of personal property delivers possession without intent to pass title, as when one leaves an automobile with an auto mechanic
- in personam jurisdiction
- a court's jurisdiction over a person
- plea bargaining
- (criminal law) a negotiation in which the defendant agrees to enter a plea of guilty to a lesser charge and the prosecutor agrees to drop a more serious charge
- miranda rights
- the rights of which an arresting officer must advise that person being arrested
- actus reus
- criminal act; omission to act when there is a legal duty to act
- grand jury indictment
- a written accusation by a grand jury charging the accused with a crime
- rescission
- aims at destroying the contact and its obligations, putting the parties back in their positions prior to the agreement
- intentional torts
- actions that deliberately hurt, embarrass, or scare people
- murder
- unlawful premeditated killing of a human being by a human being
- burden of proof
- the duty of proving a disputed charge
- insanity defense
- defense raised by a criminal defendant stating that because of mental disease or defect, the defendant should not be held responsible for the crime committed
- judicial notice
- the act of a judge in recognizing the existence or truth of certain facts without bothering to make one side in a lawsuit ptove them
- unilateral contract
- a one-sided agreement whereby you promise to do (or refrain from doing) something in return for a performance (not a promise)
- eminent domain
- the right of the state to take private property for public use
- easement
- (law) the privilege of using something that is not your own (as using another's land as a right of way to your own land)
- will
- a legal document declaring a person's wishes regarding the disposal of their property when they die
- causation
- A person who commits a negligent act is not liable unless his or her act was the cause of the plaintiff's injuries. The two types of causation that must be proven are (1) causation in fact (actual cause) and (2) proximate cause (legal cause).
- demurrer
- a motion to dismiss a case, alleging that the complaint is insufficient to state and legal cause of action
- contributory negligence
- (law) behavior by the plaintiff that contributes to the harm resulting from the defendant's negligence
- exclusionary rule
- Doctrine that says evidence obtained in violation of a criminal defendant's constitutional or statutory rights is not admissible at trial.
- motion for judgment n.o.v.
- notwithstanding the verdict; motion made at the end o f a trial asking the judge to enter a judgment contrary to the jury's verdict on the grounds that the verdict is against the manifest weight of the evidence
- duty
- work that you are obliged to perform for moral or legal reasons
- insurance
- promise of reimbursement in the case of loss
- equitable remedies
- Nonmonetary damages awarded for breach of contract when monetary damages would be inadequate or impracticable
- mens rea
- (law) criminal intent
- publication
- the means of service by publishing notice in the legal section of a newspaper periodically as prescribed by statute
- quasi in rem jurisdiction
- actions that are really directed against a person, but are formally directed only against property
- specific intent
- requires that the actor intended the precise result of a harmful act
- challenge for cause
- Excusing a juror from a trial for a stated, specific reason, such as the juror knows the parties or witnesses in a case. Each side has an unlimited number of challenges for cause.
- negligence
- failure to act with the prudence that a reasonable person would exercise under the same circumstances
- misrepresentation
- may be an innocent false representation and still be voidable by the person to whom the false representation was made
- fee simple absolute
- Maximum possible estate or right of ownership of real property, continuing forever
- trust
- something (as property) held by one party (the trustee) for the benefit of another (the beneficiary)
- quasi-contract
- from the theory that a "contract" is created on the basis of moral obligation, called unjust enrichment, in which one party recieves a benefit to the detriment of another that begs for restitution
- double jeopardy
- the prosecution of a defendant for a criminal offense for which he has already been tried
- attempt
- an act that goes beyond mere preparation to commit a crime but that is not completed
- duress
- when one party to a contact is threatened with harm to induce agreement
- substituted service
- service of process to someone other than the defendant, such as a resident living in the resident's abode; requirements usually defined by statute
- elements of an offer
- intent to make an offer on the part of the offeror, definite terms, communication to the offeree
- rescind
- to annul or cancel a contract, putting parties back in the position they were before, as if no contract has been made
- promissory estoppel
- the priciple that a promise made without consideration may nonetheless be enforced to prevent injustice.
- life estate
- (law) an estate whose duration is limited to the life of the person holding it
- tenancy by entirety
- a form of co-ownership with a right of survivorship that can only be held by husband and wife
- bilateral contract
- a contract involving mutual promises (each part is both promisor and promisee)
- motion for directed verdict
- Asking the judge to direct a verdict for the defendant on the ground that the plaintiff has presented no evidence to support the plaintiffs claim
- personal service
- service of process upon an individual, or the designated agent of an individual or corporation, by delivering, or attempting to deliver, a copy of summons and complaint to that individual or agent
- mala in se
- wrong in itself, an act which is morally wrong
- motion for summary judgment
- Motion that asserts that there are no factual disputes to be decided by the jury; if so, the judge can apply the proper law to the undisputed facts and decide the case without a jury. These motions are supported by affidavits, documents, and deposition testimony.
- zoning
- dividing an area into zones or sections reserved for different purposes such as residence and business and manufacturing etc
- adverse possession
- Possession of another's land as if the owner for a statutory period which may lead to acquiring title
- venue
- in law: the jurisdiction where a trial will be held
- ex post facto law
- Latin term meaning "after the fact"; the law makes criminal an act that was legal when it was commited, increases the penalty for a crime after it have been commited
- undue infleunce
- excessive pressue placed on a person by another person, usually in a position of influence, such that the will of the other overcomes the will of the first person
- peremptory challenge
- A district court may grant each side in a civil or criminal trial the right to exclude a certain number of prospective jurors without cause or giving a reason.
- mala prohibita
- acts declared as criminal by statute (failure to file a report), though not wrong in themselves (theft)
- in rem jurisdiction
- a court's jurisdiction ober property or a controversy
- executory contract
- A contract which something remains to be done by one or more of the parties
- elements of acceptance
- communication to the offeror, acceptance of the terms in the offer
- executed contract
- A contract in which all required performances have been formed by all the parties
- joint tenancy
- a form of co-ownership with a right of survivorship
- breach of duty
- a breach of due care
- consideration
- a requirement in classical contract formation that consists of an exchange of something of value, although this may in some cases be largely symbolic
- voir dire
- The process of selecting a jury
- general intent
- requires merely that the actor intended a harmful act, not necessarily the specific result
- pleadings
- Written statements filed with the court which describe a party's legal or factual assertions about the case.
- writ of habeas corpus
- a writ ordering a prisoner to be brought before a judge
- strict liability
- Liability without fault.
- comparative negligence
- A doctrine that applies to strict liability actions that says a plaintiff who is contributorily negligent for his injuries is responsible for a proportional share of the damages.
- collateral estoppel
- bars the relitigation of issues that have previously been adjudicated
- conspiracy
- a plot to carry out some harmful or illegal act (especially a political plot)