Legal Research 2 Flashcards

Law
Terms Definitions
knowingly
scienter
(history) W
withdrawn
intra
within, inside
intra
not outer
recidivist
repeat offender
bona fide
good faith
bona fide
acting without intention of frauding
onus
burden of proof.
FDA
Food & Drug Administration
written disposition of property
Testament
pro se
appearing for oneself
pro se
no atty representation
annul
cancel, make void, destroy
interlocutory
provisional, interim, no final
Franchise
Chains exactly alike (rest.) area-geographic (auto) Manufacturing (Coca-Cola) lump sum license. Royalties - ongoing, characteristics - uniformity
the grievance specially complained of

The material part of a grievance; core, nucleus.
gravamen
nota bene (N.B.)
note well; take notice
nota bene (N.B.)
notice what's happening
deponent
one who gives a deposition
castigate
reprimand or punish to correct
incoherent
without logical or meaningful connection
Federal Register Contains much more information than the CFR?
True.
pending the suit; during litigation
pendente elite
Free Sources for Case Law
Findlaw
Cornell
Court's websites
commutation
substitution of a lesser punishment for a greater one
Trespassing
The unauthorized intrusion on, or improper use of, property belonging to another person. This can be the basis of an international tort case or a criminal prosecution.
abet
to encourage, support, or countenance by aid or approval, usually in wrongdoing:
aggravated
characterized by some feature defined by law that enhances the crime, as the intention of the criminal or the special vulnerability of the victim
contention
a point made in an argument
Libel
a defamatory statement expressed in a fixed medium (writing, picture, sign, broadcast); classified as a crime and tory, but not prosecuted as a crime
How do you update a Restatement?
Pocket parts
Bearer
Negotiable instrument - holder of a bearer instrument is the owner - money
True or False?

The first time an opinion is cited in full, the year of filing is included in parenthesis immediately following the title.
True
authority of executor to administer estate;

Document issued by a court empowering one designated in the Decedent's Will to act as executor of the decedent's estate.
letters testamentary
locus delicti (L.S.)
the place for the seal
locus delicti (L.S.)
where the king put his mark
answer
written pleading by which a defendant responds to the plaintiff's complaint
Beliefs
To make something seem important, she hurt their feelings when she bellitled their work.
adjudicate
to pronounce or decree by judicial sentence.
usury
the lending or practice of lending money at an exorbitant interest.
injunction
a judicial process or order requiring the person or persons to whom it is directed to do a particular act or to refrain from doing a particular act
paternity
relationship of a father to a child
jurate
clause of a notary public or authorized officer attesting that a statement or document was sworn to by a specific person on a specific date
Subpoena
An order compelling a person to appear to testify or produce documents.
real property
land; land together with all its natural resources and man-made improvements.
T/F - Westlaw and Lexis include all legal periodicals articles in their database systems?
False
What is a person called who causes harm to another?
perpetrator
Bylaw
Implied agency - agency by estoppel - detriment to 3rd party - action of principal lead 3rd party to believe agency exist
The funds set apart by a corporation out of its profits to be apportioned among the shareholders.
dividends
And order granted without hearing, demanding preservation of the status quo until a hearing can be held to determine whether the injunctive relief requested is appropriate.
temporary restraining order
eviction
to recover real estate (from a tenant) by legal process; to force out or remove from real property
beneficiary
one who benefits from the act of another
Magistrate
A magistrate is a judicial officer. In common law systems a magistrate usually has limited authority to administer and enforce the law.
raconteur
a person who is skilled in relating stories and anecdotes interestingly.
direct examination
the first interrogation of a witness by the side that has called that witness.
distress
the legal seizure and detention of the goods of another as security or satisfaction for debt
merger
absorption of one thing or right into another
superordinate
of higher degree in condition or rank; related to a particular proposition of the same quality and containing the same terms in the same order
What are Session Laws
Permanent publication (bound form) in chronological sequence of the slip laws enacted during a legislative sessionLaws of IllinoisLaws of Missouri
What is primary authority?
The statement of the law itself.
Abstract
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
Give the abbreviation according to the California Style Manual.

Code of Civil Procedure
Code Civ. Proc.
defamation
that which holds one up to contempt or ridicule; that which injures one's reputation
Bill enters onto Cindy’s property to help Dora, who is in danger. Cindy charges Bill with trespass to land. Bill has
a complete defense.
acquitted
to relieve from a charge of fault or crime; declare not guilty:
foreclose
to deprive of the right of one to redeem property, especially on a mortgage when due, ownership of property then passing to the mortgagee
rebuttal
an act of refuting or responding to an argument, as in a debate
MENS REA
the state of one's mind at the time an action was taken
What are the types of Shepard's Citators?
State Citators
Regional Reporter Citators
Federal Citators
Topical Citators
And order requiring the parties to appeared to give evidence as to whether a requested order should be granted.
order to show cause
ore tenus
by word of mouth, orally, as in a motion ore tenus
ore tenus
verbal request
change of venue
the removal of a trial to another jurisdiction.
Publication process for federal statutes?
Slip law indiviually at time of passingThen published chronoligically in session law at the end of each sessionThen organized into the code by subject
What is the Advance Legislative Service for the USCA?
The USCCAN United States Code Congressional Administrative News (West) reprints Federal session laws, thus serving as an ALS for the West version of the US Code (USCA.)
A form of ownership by two or more persons who hold undivided interests, without right of survivorship; interests need not be equal or created at the same time.
tenants in common
Statute Access Points
General Index If you only know the topic or subjectTable of Contents - browse through subjects Popular Name Table - i.e Americans with disabilities actConversion Table - from slip law or session law number to code section.
How does CFR arrange titles?
By the agency that issues them. This roughly arranges them by subject.
Jolie believes that Klute is about to hit her. To prevent harmful contact in this situation, Jolie may use
force that is reasonably necessary.
Name the three places you can find federal session laws.
Statutes at Large
United States Code, Congressional & Administrative News (USCCAN)
United States Code Monthly Advance (USCS)
How are state codes are organized and up-dated?
Arranged by subject and updated by pocket-parts & interim pamphlets.
Phil invites Quinn onto his land. Quinn commits trespass if
Phil asks Quinn to leave and Quinn refuses.
What is this cite and what does it mean?

110 Stat. 3310
A cite for statute at large.

It means the volume number is 110, and the page number is 3310.
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