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Legal Term Ch. 13-18

Legal Terminology Notecards

Criminal Law A harm or wrong done to society as a whole. State versus Defendant, Guilty, Not Guilty, Res Judicata Pro Veritate Accipitur.
Civil Law One person causes harm to anothor person or property. Plaintiff versus Defendant, Liable, Not Liable, Preponderance of Evidence.
Corpus Delicti The body of a crime.
List 2 classifications of crimes. Felony & Misdemeanor.
Felony Punishable by one year or more in a state prison or federal penitentiary and or fines or forfeitures.
Misdemeanor Less serious crime. Punishable by up to one year in a local or county jail and or fines or forfeitures.
What are 2 components of a crime? Mens rea & Actus reus.
Mens rea Evil intent.
Actus reus Wrongful act.
What is the burden of proof in a criminal case? Beyond a reasonable doubt.
Scienter Knowingly, with guilty knowlegde.
What does Durham Rule, M'Naghten Rule & Irresistible Impulse Test have in common? Insanity tests from criminal law.
Murder The killing of another human being with malice aforethought.
Manslaughter The killing of another human being withouth malice aforethought.
Robbery The use of force or the threat of force and illegally taking and carrying away personal property.
Larceny Illegally taking and carrying away personal property belonging to antoher with no intention of returning the property to the owner.
Burglary Breaking and entering and illegally taking and carrying away personal property.
Will A device for distributing wealth. A testamentary document.
Inter Vivos A gift that occurs while the person is alive.
Testamentary A gift that occurs upon the death of a person.
Codicil An amendment to a will. Testamentary document.
Nuncupative Will aka Death Bed Will A will made in anticipation of immediate death that is stated orally before other person and later put in written form.
Holographic Will A will that is the handwriting of the one making it.
Testator (Testatrix) A male/female who makes and executes a will.
Intestate A person who dies without a valid will.
Devise A gift by will of real property.
Abatement A gift by will does not occur because you have an insolvent estate or insufficiency of assets.
List the order of abatement. 1. First to lose gift is residuary bequest/legacy devise.2. General bequest/legacy.3. Specific bequest/devise.
Executor Person named in the will to administer/oversee the estate.`
Administrator Person not named in the will but appointed by the court to administer the estate.
What roles do the executor & administrator play? Pay bills, gather assets, distribute gifts and court documents.
Beneficiary Anyone who is to receive benefit from a will.
Cestui Que Trust Only a beneficiary of a trust.
Escheat Makes the state the ultimate heir.
What doe elements requires escheat? 1. A person must die intestate (No living will).2. Leave no living heirs.
Per Stirpes Right of representation. A method of distributing an estate among multiple issue in different generations. A deceased number of one generation who leaves surviving descendants may be represented by them. A living ancestor prevents his issue from inheritin
Per Capita All heirs (within a glass) receive equal shares.
Trust Property that is placed in the care of one person for the benefit of another.
What does revocation of a will mean? It means to cancel the will and make the will null and void.
Explain 3 methods of valid revocation. 1. By physical act with intent: rip, burn, destroy, obliterate the will. 2. By subsequent instrument. New will, codicil.3. By operation of law due to changed circumstances. Upon divorce.
Guardian A person who is legally responsible for the care of a minor or an incompetent person and/or his estate.
Guardian Ad Litem An attorney designated by the court to conduct litigation on behalf of a minor or an incompetent person.
Real property and realty are the same thing. True.
Title Ownership.
Fee Simple The highest interest in real estate.
Warranty Deed A deed guaranteeing that the person transferring real property has a good and complete title to said property. (Owning a home)
Quitclaim Deed A deed that conveys only the person's interest in the property if any such interest exists. (Common in divorce)
What are the 3 types of concurrent ownership? Tenancy in common, Joint tenancy & Tenancy by the entirety.
Tenancy In Common Title to land held by two or more persons, each having a possessory right in the same parcel of land.
Joint Tenancy A single estate in land held by two or more persons, created at the same time with the same instrument.
Tenancy by the Entirety A husband and wife who own land together. Must be married. Upon divorce, tenancy in common.
Easement A right to use the land of another for a specified purpose.
Imminent Domain The right of the government to take private property for public use.
What's another name for Imminent domain? The government's condemnation power.
Adverse Possession aka Squatter's Rights Method of acquiring title to the land without the use of deed.
Name 2 elements of adverse possession. 1. Actual & exclusive2. Hostile & adverse.
Riparian Rights aka Water Rights Rights of a landowner regarding a waterway when his land adjoins the waterway.
Fixture Personal property or a chattel that is attached to the land so that it takes on the charactristics of real properety and is treated as a real property under the law.
What is an example of a fixture? Bathtub.
What are the 2 parts of a mortgage loan? Mortgage & Promisssory Note.
Mortgage Security for the debt; the house is used as collateral.
Promissory Note Debt itself; promise to repay the debt in definite installments plus interest.
What are the parties names of a mortgage loan? MortgagorMortgageeMakerPayorPayee
Mortgagor Borrower.
Mortgagee Lender (Bank).
Maker Person who will make the payments (Before note is signed).
Payor Person who makes the payment (After note is signed).
Payee Person who receives the money.
Foreclosure Taking away the rights a mortgagor has in property that is mortgaged. Usually because of failure to pay.
Give an example of a specific request. I give my car to Dana Wilson.
Give an example of a general request. I give 100,000 to Monchale't Anderson.
Created by: Jazdiz