Test: Legal Terminology Flashcards

Law
Terms Definitions
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sine
without
sine
alone
open; public
overt
peculium
private property
peculium
your land
Good Samaritan Law
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inter se
among themselves
inter se
between the peeps
aver
assert, allege, claim
Provide the correct abbreviation.

Fiscal year
FY
annul
cance, make void, destroy
alter ego
the other self
alter ego
my better side
colloquy
a conversational exchange; dialogue.
reciprocity
state of being interchangeable, mutually cooperative or dependant
in the same place
ibidem (ibid.)
allegation
assertion made but not proved
dum bene se gesserit
While he shall conduct himself; during good behavior
dum bene se gesserit
acting well
sanction
authoritative permission or approval, as for an action.
servile
slavishly submissive or obsequious; fawning:
Name three types of primary authority?
CasesStatutesRegulations
UCC
Uniform Commercial Code - commercial law contracts by state statute - contracts for sale of goods (not services) not common law
by what right or authority
quo warranto
amnesty
sovereign forgetfulness of past acts, ussually available for a limited time
certioriari
send the pleadingds up; writ used to petition Sup Ct to hear an appeal from lower court
certioriari
how to get to the SupremeS
Trespass
In law, unlawful entry onto land.
indemnity
protection or security against damage or loss.
solicitous
eager (usually fol. by an infinitive):
vendee
the purchaser or buyer of property
phenomenon
a fact, occurrence, or circumstance observed; something that is impressive or extraordinary
real contract
a contract respecting real property; on ewhich has something specific for its subject matter.
Soliciting money or items of value from a client before assisting with care is considered?
exploitation
Quorum
% necessary in attendance to be official
The official final decision of the court in a proceeding.
judgment
in the work cited
opere citato (op. cit.)
Session Laws
Chronological order of collection of statutes
us statutes at large
laws of ohio
en banc
in the bench; all judges present
en banc
appeal heard by the full court
Under the theory of negligence, harm must be foreseeable to be considered the proximate cause of an injury.
True
Democracy
Everyone in the country has equal rights
larceny
the wrongful taking and carrying away of the personal goods of another from his or her possession with intent to convert them to the taker's own use.
misdemeanor
a criminal offense defined as less serious than a felony.
search warrant
a court order authorizing the examination of a dwelling or other private premises by police officials, as for stolen goods
with prejudice
a declaration usually in connection with an order of dismissal which ends the right to further relief; it prevents either party from filing future complaints based on the same claim or cause of action
contingency
dependence on chance or on the fulfillment of a condition
Stare Decisis
the doctrine of precedent, under which it is necessary for a court to follow earlier judicial decisions when the same points arise again in litigation
PETIT JURY
the group which weighs evidense and makes the final decision as to guilt or innocense. usually consists of twelve people.
What are key numbers?
Numbered sections that designate specific points of law.
Mistrial
Erroneous or invalid trial / a hung jury
A crime which is punishable with death or imprisonment.
Felony
a person appointed by the court to administer the estate of the decedent
administrator
Annotated Codes
Text of codified statutes with helpful annotations: cases that apply, legislative history, secondary sources
Fieri Facias
Cause to be made
Fieri Facias
A writ directing Sherriff to liquidat debtor's property to satisfy judgment.
False imprisonment is a tort only if the confinement or restraint is justified.
False
Remedy
The right of one person to take another person's resources because that person failed to meet the requirements of the law.
probate
the official proving of a will as authentic or valid in a probate court.
present
to bring against, as a formal charge against a person; to bring formally to the notice of the proper authority, as an offense
testify
to state or declare under oath or affirmation, usually in court
common law
law based upon custom, usage, and judicial decision, distinguished from statutory law
Summary Judgment
a judgment granted on a claim about which there is no genuine issue of material fact and upon which the movant is entitled to prevail as a matter of law; procedure device allows the speddy disposition of a controversy without the need for trial
List 4 different types of treatise.
Scholarly, practical, multi—volume, single volume.
What are the two types of law?
criminal and civil
the way in which something is done
modus operandi (M.O.)
as damnum clause
to the damage; clause in complaint stating monetary loss
as damnum clause
How much I lost because of you
Crinimal Law
the branch of law that defines crimes, treats of their nature, and provides for their punishment.
original sin
a depravity, or tendency to evil, held to be innate in humankind and transmitted from Adam to the race in consequence of his sin.
cause of action
facts giving rise to a legal remedy
Quid Pro Quo
a thing that is exchanged for another thing of more or less equal value
What is the publication pattern for statutes?
Slip Law…session law…subject codification
Right of privacy
let the seeler beware - restatement of torts - no need to prove negligence
Give the abbreviation according to the California Style Manual.

Fish and Game Code
Fish & G. Code
Cival Law
The body of law established by a state or nation for it's owen rights.
abrogation
Annulment of a former law by act of a legislative body, by constitutional authority, or by usage. To abolish by formal or official means; annul by an authoritative act; repeal:
If you are looking for recently promulgated administrative rules or regulations covering the size of the eyes in Emmenthaler, where would you look?
Recently promulgated means Federal Register
What does a person have who does not have the legal capacity to form a contract?
a legal disability
Glen falsely accuses Hu of stealing from Island Tours, Inc., their employer. Glen’s statement is defamatory only if
a third party hears it
What are the two sources you need to know for administrative law?
CFR and Federal Register.
What 4 steps should you take when you do digest research
Select appropriate digest
Select relavent topics and key #
Read cases and summaries under #s
Check pocket part and suppliment for most recent cases.
What kind of cases do the ALR annotations cover?
The annotations cover timely and/or controversial opinions
How do you update your research? ONline? print?
online through Shepards and Key Cite and on print through pocket parts
SHORT ANSWER - If there is a conflict between the wording in the United States Statutes at Large and the United States Code, the United States Code will govern. Why?
Confusing question:
If there is a conflict between the statutes at large and the USC, statutes at large govern. However, if a title is reenacted in total by congress then the USC governs. Look for a * at the beginning of the title to see if it has be reenacted in total by congress.

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In using USC it is important to determine if the Title being consulted has been enacted into positive law. Those titles not yet so enacted are prima facie evidence of the law. Should there be a conflict between the wording in the USC and the U.S. Statutes at Large, the latter will govern. Those titles of USC that have been enacted into positive law to date are marked by an * on the title page.
What are the disadvantages to loose leaf services?
It will take some time to master the indexes.

The methods of access and organization vary according to the nature of the primary sources, the characteristics of the field, and editorial approach.
If you do not have a lot of experience in a given area of the law what is the best way to find the appropriate section of a treatise that answers your question?
Go to online catalog and do either a subject or keyword search.
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Definition:
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