Legal Terminology Part Flashcards

Terms Definitions
not a misdemeanor
Unlawful entry
head; person
each; per__
Appellate court
Appellate jurisdiction
in curia
in court
in curia
where you go to trial
Search terms?
parties/relationships; places/things; claims/defenses; relief.
Provide the correct abbreviation.

jura personam
right of the person
jura personam
the body's due
to refrain from claiming
written arguments of a case
one who files an appeal
Fieri Facias
Cause to be made
Fieri Facias
A writ directing Sherriff to liquidat debtor's property to satisfy judgment.
a means to an end:
sufficient forethought to impute deliberation and intent to commit the act
ex post facto
resulting after the fact
Administrative Law Judge - hearing examiner - judicial enforcement
Related or pertaining to a Will.
to prevent or forbid by injunction
in esse
in being; in essence
in esse
the heart of the matter
cival law
laws based on court cases
(in ancient Egypt) a quadrilateral masonry mass having smooth, steeply sloping sides meeting at an apex, used as a tomb.
the examination before a judicial tribunal of the facts put in issue in a cause, often including issues of law as well as those of fact
the lawfull price, motive, cause, impelling influence, or inducement for a contract
serving to assist or supplement; auxiliary or supplementary
pertaining to land as opposed to personal.
What term defines the obligation one has to make good for the loss or damage to something for which he or she is responsible?
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
One who dies without a valid will.
An application made to the court requesting a specific order or action.
Federal organization of courts?
district court is the equivalent of a trial court, an intermediate ourt or a court of last resort?
Supreme Court
Court of Appeals
District Court.
The district court is equivalent of the trial court.
from another place, as in evidence outside the document
parol evidence u
Louis—larger and stronger than Mica—threatens to hit Mica before hitting and injuring him. Mica files a suit against Louis for assault and battery. Mica will most likely recover for
assault and battery
a civil officer charged with the administration of the law
the conditional release of a person from prison prior to the end of the maximum sentence imposed.
the statement or declaration of a witness under oath or affirmation, usually in court.
such constraint or coercion as will render void a contract or other legal act entered or performed under its influence
one who conveys real estate; the seller of real estate
involve by necessity or as a consequence
Legal obligation a person has to make good for the loss of, or damage to, something for which he is responsible.
the judges instructions to the jury which summarize the major points of law raised by a case, and pinpoints the questions of fact to be decided
What is administrative law?
Law created by administrative agencies.
Summary jury trial - fake trial, but you don't tell the jury
Give the abbreviation according to the California Style Manual.

Elections Code
Elec. Code
Types of Secondary Sources
Treatises, ALRs, Law review, Restatements, Legal Encyclopedia
per stirpes
by representation; by the roots or stocks for purpose of inheritance
per stirpes
being able to inherit your dead mother's inheritance from her aunt in her stead
To protect its customers and other business invitees, Sav-Mart Grocery Stores Corporation must warn them of
concealed dangers.
Intentional Torts
Under: Tort lawTorts that require the plaintiff to prove the defendant intended to cross the boundaries protecting the plaintiff.
to depart in a sudden and secret manner, esp. to avoid capture and legal prosecution:
restraining order
a judicial order to forbid a particular act until a decision is reached on an application for an injunction
a wrongful act, not including a breach of contract or trust, that results in injury to another's person, property, reputation, or the like, and for which the injured party is entitled to compensation.
to prove or declare guilty of an offense, esp. after a legal trial:
Standards of care
Results or outcomes of care that patients can expect to receive.
T/F - The CFR contains only the text of the final regulation.
What type of negligence exists when a patient, through, his/her own actions, contributes to his/her own injury?
contributory negligence
A court appointed person, entity, or institution to care for the person and/or estate of the minor.
guardian ad litem
Publication of Statutes
Slip Laws --> Session Laws --> Codes, Annotated Codes
nulla bona
no goods (wording used on the return of a writ fieri facias)
nulla bona
used when there isn't anything to sell to satisfy debt
trial by ordeal
a judical practise practise by which the guilt or innocence of the accused is determaind by subjecting them a task.
an agreement by two or more persons to commit a crime, fraud, or other wrongful act
quiet title action
action to determine clear title to real estate
Follow orders or else...
What are the expectiations for the followers of leagalism?
What is legislative history?
A paper trail of documents that legislators create during the legislative process.
Void ab initio
The thing was never created or valid to begin with
The order of cited authority should generally be:

1. Constitutional citations
2. Statutory citations
3. Case citations
4. Secondary authority
Oral Law
Code of conduct in use in a given culture
the use of a word in a sense opposite to its proper meaning
Which is the most significant document when compiling a legislative history?
Conference Committee Report. Because generally that last official comment from a committee before going to the floor for a vote.
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
Fedual Systum
having to do with a way of life in which ordinary people lived on and used the land of a nobel man, giving him military & other servicein return.
What are the access points to the CFR?
Index volume.

Outlines at the beginning of titles and sections.

Westlaw's regulation plus index.

Full text search online on West, Lexis, or GPO access.
What are the three Digests published for specific courts?
Who publishes them?
US Supreme Court Digest (West)
US Supreme COurt Digest, Lawyers' Edition (Lexis)
Bankruptcy Digest (West)
What does /p mean on westlaw and lexis
term appears in the same paragraph
Ron, the manager of Sav-Mart Discount Store, detains Tina, whom Ron suspects of shoplifting. Tina sues Ron, alleging that the detention was false imprisonment. Ron is liable if Tina
was detained for an unreasonably long time.
When do you stop researching? (5 answers)
1. When you have found the answer
2. When you have found all the relevant authorities
3. When you have looked everywhere important
4. The cost of research exceeds the benefit
5. You begin to retrieve the same authorities.
What does a space mean on lexis and westlaw?
On westlaw a space is a "or." In lexis a space is a "and."
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