Legal Terms for the Test
1 / 262
Term:
Definition:
Show example sentence
Show hint
Flip Card
Keyboard Shortcuts
  • Previous
  • Next
  • F Flip card
Add to Favorites Copy & Edit this set
Optimal Learn Optimal Learn will design a customized study program to help you master this flashcard set by a given deadline. Take a Quiz

Complete list of Terms and Definitions for Legal Terms for the Test

Terms Definitions
Negligence
laws a set of rules
Democracy Political or social equality.
precedent a legal decisions or authorritive rule
civil law laws based on cort cases
Civil Laws Laws based on court case.
affidavit a written or printed declaration or statement of facts, made voluntarily, and confirmed by the oath or affirmation of the party making it, taken before a person having authority to administer such an oath or affirmation
common law a system or law from england
civil contempt failure to follow a court order without disrespect; punishable by fine
Trial by jury Being judgeged with evidence are proven guilty or innocent.
Common Laws A system of laws originated and developed in England
Trespass N unlawful act causing injury to the person, property, or rights or another, committed with force or violence, actuall or implied.
Trial by ordeal A premitive methords or determine a persons cult of innione.
clear and present danger rule speech which incites to unlawful action falls outside constitutional protection
Oral law Codes of conduct in use in a given culture.
compare confer
(treatment) c criticized
cestui (setty) beneficiaries
cestui (setty) the ones who get the stuff in the will
inchoate unfinished, incomplete
of itself per se
jurisprudence philosophies of law
in the last month ultimo
and others et alii
and others Smith, et al.
pecuniary monetary; relating to money
Self Incrimination Testimony involuntary - coerced
among the other things inter alia
pater familias father of the family
pater familias man of the house
arbitration investigation an determinatio nof dispute by neutral decision-make; decision is binding on parties
mendacious telling lies, esp. habitually; dishonest; lying; untruthful:
sufficient adequate for the purpose; enough
What types of authority are loose-leafs? Secondary.
Pro Rata "in proportion," a share to be received or an amount to be paid based on the fractional portion of value, such as ownership, responsibility or time used. A renter of a rental property may pay his/her pro rata share of a monthly rate if the rental ends before the month expires. For example: * Where several debtors are each liable for the whole debt and each is liable for his own share or proportion only, they are said to be bound pro rata. * A pro-rata dividend means that every shareholder gets an equal proportion for each share they own. * Pro rata may refer to the recovery from special funds of costs incurred by central service agencies for the overall administration of state government.
Why to Update Cases Check on history Reversed/Affirmed Check on treatment Criticized, followed
voir dire to speak the truth; the process used to select jurys
voir dire chosing the panel of peirs
conversion wrongful taking of personal property with inetn to deprive its owner of it permanently
Sanctions Methods used by law enforcement officials to encourage or force compliance with the obedience to the law.
deposition removal from an office or position.
prosecute to institute legal proceedings against a person; to seek to enforce or obtain by legal process; to conduct criminal proceedings in court against
duress unlawful constraint exercised upon a person, forcing her to do an act which she would not have done otherwise
Indictment the formal written accusation of a crime, made by a grand jury and presented to a court for prosecution against the accused person; the act or process of preparing or bringing forward such a format written accusation
Primary or secondary cite? Vt. Stat. Ann. tit. 12, § 892 (2002 & Supp 2003) Primary
Easement 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
Provision the action of providing or supplying something for use
held or founded in trust of or pertaining to trust or confidence fiduciary
A board resolution designating the bank selected by the Corporation as a depository of its funds, and the designation of the officers authorized to sign checks on behalf of the Corporation. depository resolution
decree the final order of an equity court
breach failure to perfor when performance is due
Sue A plaintiff (Π in legal shorthand), also known as a claimant or complainant, is the party who initiates a lawsuit (also known as an action) before a court.
Extortion (Blackmail) 1. Use of threats to get money, property, or favors. 2. Felony
renounce to give up or put aside voluntarily:
tautological needless repetition of an idea, esp. in words other than those of the immediate context, without imparting additional force or clearness, as in "widow woman."
frisk to search (a person) for concealed weapons, contraband goods, etc., by feeling the person's clothing:
mitigation duty of parties to minimize damages after an injury is sustained
intention an instance of determining upon some action or result; purpose or attitude toward the effect of one's actions or conduct
Elements of ALR? Total Client Service Library Article OutlineArticle IndexTable of JurisdictionsRelated MattersArticle
T/F - Bills not passed before Congress adjourns must be reintroduced to be considered again for passage. True
What is defined as any technique or device that is attached to, or next to the patient's body that the patient cannot easily remove, or restricts freedom of movement? restraint
Eminent Domain 5th Amendment - civil concept of "taking" just compensation, taking for public "use" or public "purpose"
A deed which conveys whatever right, title, or interest the grantor may have in property at the time of conveyance, if any. Quitclaim deed
antitrust laws federal and state laws to prevent retraint of trade, price-fixing, price discrimination, monopolies, or ohter conduct detrimental to free commerce
idem sonans having the same sound; names soundinf alike, but spelled differently
idem sonans you pronounce Brian and Bryan the same, eventhough one has an i and the other a y
Nuisance in law, an act that, without legal justification, interferes with safety, comfort, or the use of property
exhume to dig (something buried, esp. a dead body) out of the earth; disinter.
class action a legal proceeding in which persons representing interests common to a large group participate as representatives of the group or class.
present to bring against, as a formal charge against a person; to bring formally to the notice of the proper authority, as an offense
copyright a right to reap the financial benefits of literary property as this term is defined under federal copyright laws
skeptic a person who questions the validity or authenticity of something purporting to be factual
How to use citator Enter citation, in sheperds choose complete or restricted in Westlaw enter citation and review history to determine whether case is still good law
Name some places where you could find cases. Digests ALR Secondary sources Shepherds and Keycite
Jury Challenges Challenge for cause - juror is biased. Premptory challenge - no cause/reason
per stirpes a) For the time being b) By representation c) Of sound mind d) And other people b) By representation
assumption of risk doctrine under which a person cannot recover for injuries received from a dangerous activity to which she voluntarily exposed herself
George has a badly infected right foot. Herb, George’s physician, prescribes amputation. George agrees. During the operation, Herb amputates the left foot. In George’s suit against Herb, George’s best theory for recovery is res ipsa loquitur.
lien the legal claim of one person upon the property of another person to secure the payment of a debt or the satisfaction of an obligation.
several binding two or more persons who may be sued separately on a common obligation
arraigned to call or bring before a court to answer to an indictment.
USCA: Examples of editorial enhancements Historical Notes Cross References Library ReferencesWest Electronic ResearchNotes of Decisions
What are the different types of Digests? Specific Court Digests Federal Digests National Digests Regional Digests State Digests Specialty Topic Digests
The meeting designated in the bylaws for the election of directors by the shareholders and for the transaction of any other business that comes before the shareholders. annual meeting of shareholders
prochein ami next friend
prochein ami ex: the parent of a disabled child who cannot act for themselves
non liquet (of evidence, a cause, etc.) it is not clear or evident.
Advantages to Using Encyclopedias on Lexis & Westlaw? Terms & Connectors SearchingBrowse the Table of ContentsHypertext links to cited sources
What are some of the differences between Shepherds and KeyCite? See back of yellow page.
"Non sequitur (non seq.) means: a) Company b) That which does not follow; illogical conclusion c) Among other things d) From cause to effect b) That which does not follow; illogical conclusion
What does a typical annotation cover? A typical annotation covers a leading case, summarizes related cases and reviews how the issue is settled in different jurisdictions.
Why are online form book better than print form books? You can cut and paste.
What is the national reporter series? its a pubication that divides the states into 7 different regions. Ohio is in the northeastern reporter. It reports state court decision for the particular states in the region.
Does the list of sections effected tell you if there are any proposed changes to the rule? Where you you find them? How is this different than just looking at the list of sections effected site? The list of sections effected site tells you only where the final rule can be found. If you scroll to the end of each title you will find proposed changes to each rule.
What are 2 ways to find a loose leaf service? Library Catalog Legal Loose-leafs in Print
The right or authority of the court to hear a particular matter is: a) Judicial authority b) Jurisdiction c) Venue d) None of the above b) Jurisdiction The right to exercise power or authority over a given matter.
What is meant by the term source in a CFR? The source is where the original federal register where the final regulation published.
vivos living
vindicate set free
alias dictus also known as
alias dictus nickname
(treatment) ca conflicting authorities
ore tenus by word of mouth, orally, as in a motion ore tenus
ore tenus verbal request
infraction breach; violation; infringement:
FCC Federal Communications Commission -
in the matter in re
in re in the matter
in re child case names
Holding Under: Judicial Decision/Case Lawprecisely what was necessary to the decision reached.
as if; as it were quasi
Reporters Chronological listing of court opinions Arranged by region or jurisdiction
mala; mala fides bad; bad faith
mala; mala fides evil,
Publishing false information about another’s product is trade libel. True
ablest having necessary power, skill, resources, or qualifications; qualified:
Impairment When a person's faculties are diminished so that his or her ability to see, hear, walk, talk, and judge distances below is below the normal level as set by the state.
Irreversible cessation of all functions of the entire brain, including the brain stem is known as? brain death
not of sound mind non compos mentis
capacity having legal authority or mental ability; being of sound mind
jus (pl. jura) law, right, laws collectively
jus (pl. jura) the ____ of the land; collection of rules
amnesty sovereign forgetfulness of past acts, usually available for a limited time
litigious inclined to dispute or disagree; argumentative.
seriatim in a series; one after another.
statute legislative enactment law enacted by Congress or state legislature
cryptic mysterious in meaning, abrupt, terse or short
Statutory Formal laws written and enacted by federal, state, or local legislatures.
Name two annotated codes that have subject indexes and are updated annually. USCA USCS
Arrears Non payment - money (support) is overdue & unpaid
money paid to bind a contract earnest money
True or false? All opinions of the Supreme Court are published. True
Advisory opinions government official or agency requests ruling on application of law to a situation (CIA/AG's office)
habendum clause defines the extent of ownership; Part of deed with the language, "to have and to hold"
habendum clause contract part stating what you have
exemptions immunity from general burden, tax or charge, in bankrupcty orf in judgment executions that portion of the debtor's property that cannot be liquidated and applied to her debts.
Defamation In law, issuance of false statements about a person that injure his reputation or that deter others from associating with him.
arbitrary subject to individual will or judgment without restriction; contingent solely upon one's discretion:
coercion using force or intimidation to obtain compliance
assignment the transference of a right, interest, or title, or the instrument of transfer; a transference of property to assignees for the benefit of creditors
novation substitution of new contract, debt, or obligation for an existing one between the same or different parties
ensure to secure or guarantee; to make certain
Respondent Superior the doctrine holding an employer or principal liable for the employee's or agent's wrongful acts committed within the scope of the employment or agency
remainder that portion or interest which is left after the determination of a particular estate
What is a code? A subject arrangement of statutes.
The party that is named in a plaintiff's complaint is called the: Defendant
Tortfeasor Commits a tort - the person or busienss that commits the tort
That part of a pleading which sets forth the relief sought or the orders the party wishes the court to make. prayer
and other things; and so forth et cetera (etc.)
From office; by virtue of his ofice ex officio
From office; by virtue of his ofice executive privilege
caption that part of the pleading which states the name of the cour, the name of the parties, the case number assigned, and the name of the pleading
Court This is the place where legal cases and trials are heard
epoch a particular period of time marked by distinctive features, events, etc.:
usurp to seize and hold (a position, office, power, etc.) by force or without legal right:
probable cause reasonable ground for a belief, as that the accused was guilty of the crime, used especially as a defense to an action for malicious prosecution
punitive damages damages awarded over and above the amount of losses, which are awarded as punishment for the wrongdoer
accumulate to gather or collect, often in gradual degrees; heap up
remand to send back; to recommit a person to prison; to send back a cause of action to the same court out of which it came for further action.
What is a less serious crime, such as petty theft or minor traffic violation called? misdemeanor
One who is entitled to the property of the decedent under the rules of intrastate succession. heir
ipse dixit he himself said it; as an assertion made but not proved
ipse dixit a stated claim
ultra vires beyond the legal power or authority of a corporation, corporate officer, etc. (
evidence data presented to a court or jury in proof of the facts in issue and which may include the testimony of witnesses, records, documents, or objects
afford to be able to do, manage, or bear without serious consequence or adverse effect
The session laws of the United States are topically organized in the: United States Code
What is a document, signed by an individual while he or she is of sound mind, called that expresses an individual's wishes regarding health care he/she is to be given in a life threatening situation or when death is imminent? Advance Medical Directive
A ground on which a lawsuit is brought. Cause of action
A short order that a thing be done fiat
A short order that a thing be done do it quickly
bench warrant a warrant issued or ordered by a judge or court for the apprehension of an offender
ex turpi causa no law or action can arise from an evil deed
Name the four main types of Legal Periodicals. Academic Law Reviews Commercial Journals Bar Associations Legal Newspapers
secondary source that provides summaries of cases to provide an overview of a subject? ALR- they analyze specific issues and provide cases that discuss it.
WHAT IS THE DEFENDANT PLAINTIFF TABLE? A case table in which the defendant’s name comes first in alphabetical order.
Name a federal reporter whose new information appears rather quickly and another reporter that appears very slowly. Fast - West's Supreme Court Reporter Slow - United States Reports
What is the proper format to cite an ALR ARTICLE? Explain the elements of the citation.Robert Roy, Annotation, Vegetation, Boundaries, Encroachment Of Trees, Shrubbery, Or Other Vegetation Across Boundary Line, 65 ALR4th 603 (1988)26 ALR3d 6 ? Author, Annotation, volume, series, page3 series of ALR, Volume 26, Page 6.
What is the only Digest not published by West, aside from specialty digests? U.S. Supreme Court Digest, Lawyers' Edition
Why is eCFR good? Why is it bad? Good: Additions and amendments to the CFR are integrated into the text daily and it is free. Bad: It is not an authoritative legal edition of the CFR.
Where are the ALR annotations located in the library? How did you determine the location of the ALR’s? 2nd Floor and the Quick Index can be found at the reserve desk.Begin with the On-line catalog. Look up ALR by title.
What are head notes? Who writes head notes? Brief summary of one legal issue in a case that precede the opinion. Written by west editors.
res thing
impugn ruin reputation
secundum according to
secundum per whoever
(treatment) j dissenting opinion
venire facias that you cause to come, a type of summons
venire facias come here
attorney a lawyer; attorney-at-law.
Secured creditor lien on collateral
that is ed est (i.e.)
in praesenti at once; now
in praesenti ahora! present
Opinions Under: Judicial Decision/Case LawDecisions passed on by judges in a case.
Exhibits Documents, articles of clothing, equipment, etc., which are tendered to the Court as evidence by either of the parties to a case and which are admitted as evidence by the judge or magistrate are referred to as exhibits.
an indispensable thing sine qua non
Digests Subject indexes to cases key numbers topics
aggregatio menium meeting of the minds
aggregatio menium contract element meaning agreement
Defamation involves wrongfully hurting a person’s good reputation. True
acquittal the act of acquitting; discharge.
Aggravated Assault criminal assault accompanied by circumstances that make it more severe (use of deadly weapon, intent to commit another crime, intent to cause serious bodily harm)
What term illustrates the intentional deception to prevent a person from receiving what is lawfully his or hers? fraud
Surrender; to give up something, sometimes used in quitclaim deeds. to give up a claim to; surrender by deed. remise
attachment pre-judgment seizure of property based upon court order
bona fide good faith
bona fide acting without intention of frauding
Unintentionally causing a party to break a contract may constitute wrongful interference with a contractual relationship False
plagiarism the unauthorized use or close imitation of the language and thoughts of another author and the representation of them as one's own original work.
plea bargain to engage in plea bargaining.
implication something implied or suggested as naturally to be inferred or understood
Constitutional Formal set of rules and principles that describe powers of a government and the right of the people.
Name some legal periodicals. Law reviews Bar association journals Commercially published legal periodicals Newsletters Legal newspapers
Government Corporation GNMA - Government National Mortgage Association
True or False? Point pages are also known as the pages on which cited material appears. True
The owners of a limited liability company. members
Federal Register Updated every day Pending or enacted statutes
flagrante delicto In the very act of committing the crime
flagrante delicto openly and flagrantly breaking the law
debenture bond given as evidence of corporate debt
impeach to accuse an official of misconduct before a tribunal, challenging someone's credibility
waive to relinquish a known right or interest intentionally
offeree one to whom and offer is made
proposition the act of offering or suggesting something to be considered, accepted or adopted; an offer of terms for a transaction, as in business
Res Judicata an issue that has been definitively settled by judicial decision; an affirmative defense barring the same parties from litigating a second lawsuit on the same clain, or any other claim arising from the same transaction or series of transactions that could have been, but was not, raised in the first suit
relinquishment a forsaking or abandonment of a count in a declaration of the whole or part of one's claim.
What are primary sources that are laws enacted by legislatures? Statues
What articulates the values that outline the scope of a profession's practice? Code of Ethics
Appellant Someone who appeals a ruling. So the new plaintiff.
Stock to which preferences, such as mandatory dividends, etc., do not apply. Common stock
Give the abbreviation according to the California Style Manual. Civil Code Civ. Code
alibi another place
alibi i was elsewhere, and I can prove it
acceptance in contract law, consent to abide by the terms of an offer; taking or receiving a thing in good faith with the intention of retaining it.
chicanery a quibble or subterfuge used to trick, deceive, or evade.
sycophant one who attempts to win favor by flattering influential people
fiction an allegation that a fact exists that is known not to exist, made by authority of law to bring a case within the operation of a rule of law
tort a civil wrong such as negligence or trespass, as distinguished from a criminal offense although the same conduct may result in both civil liability and criminal liability
eccentric a person who has an unusual, peculiar, or odd personality, set of beliefs, or behavior pattern
LEGALIZED OR NOT:if it is legalized ONLY patients with background checks will be able to legally smoke it Benefits/risks of smoking?
What is the type of insurance medical professionals carry in order to protect themselves if they are sued in the course of their work? malpractice insurance
Document issued by a court empowering one to act as administrator of a decedent's estate. Letters of administration
inter alia; inter alios among other things; between other persons
inter alia; inter alios amid the stuff and the bodies
Crinimal Law the branch of law that defines crimes, treats of their nature, and provides for their punishment.
verdict the finding or answer of a jury given to the court concerning a matter submitted to their judgment.
whereabouts the place where a person or thing is; the locality of a person or thing:
irony the use of words to convey a meaning that is the opposite of its literal meaning; an outcome of events contrary to what was expected
What kind of laws are written by a body of legislators? statutory law
in loco parentis in place of the parents; on charged with parents rights & obligations
in loco parentis guardian
corum non iudice in the presence of someone who is not a judge
What are the three states that don't have state digests? Nevada, Utah, and Delaware
What is the publication that is a chronological listing of all statutes passed within a congressional session? U.S. Statutes at large
WHAT IS MEANT BY A CHRONOLOGICAL ARRANGEMENT (statutes)/ Organizational scheme by date of passage
When is primary authority manditory? When it is used in its own jurisdiction
WHAT IS THE DIFFERENCE BETWEEN AN OFFICIAL AND AN UNOFFICIAL REPORTER? The official reporter is published by the government. The unofficial reporter is published by a private publisher.
USCCAN is split between two sets of books. What are they? 1) Federal Session Laws 2) Selected Federal Legislative History
How should you start when using a loose leaf? What section should you start in? The basic organization of a loose-leaf service can be grasped by reading instructions. These instructions are most often in the first volume in the service and first time users will find these instructions to be most informative.
When is it best to use a treatise? To get background information on a new subject.
The citation we are looking for is in that California Style Manual, fourth edition, published in the year 2000, section 3:10. (Cal. Style Manual (4th ed. 2000) § 3:10.)