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Legal Term Final

Final Exam

Roman Civil Law Compiled in Emperoro Justinian's sixth century Corpus Juris Civilis - a complete written legal system, Latin.
List Lowest to Highest Courts (Illinois) Small Claims Court, Illinois Circuit Court, Illinois Court of Appeals & Illinois Supreme Court
List Lowest to Highest Courts (Federal) Unites States District Court, United States Court of Appeals & United States Supreme Court.
List the four sources of American Law Constitutional Law, Common Law, Statutory Law, and Administrative Law.
Constitutional Law The document itself; sets for the government’s organizations, powers and limits
Common Law Body of law develop by custom or judicial decision; case law or judge-made law
Statutory Law Laws enacted by the legislature, legislative enactments
Administrative Law Agency-made laws; agencies promelgate rules, regulations and orders
Precedent Prior case similar in facts and/or legal principles to the case you are working on
Stare Decisis Courts must follow earlier cases (precedent)
Lexicon A dictionary of legal words
List 2 Legal Encyclopedias Corpus Juris Secundum American Jurisprudence, Second
In Propia Persona One who acts without the assistance of an attorney.
Esquire A title written after an attorney’s surname, Esq.
Litigation A legal action or suit in a court of law whereby one seeks relief or recovery from another
Identify Parties Names to a Civil Case Plaintiff and Defendant
Pleadings Documents that start a civil suit
Complaint Plaintiff’s document where he states why he is suing the defendant, the cause of action and specifies relief sought
Answer The defendant’s response to the plaintiff’s complaint
Reply The plaintiff’s response the defendant’s counter claim
Feasance The proper performance of a legal act
Malfeasance The performance of an illegal act. Misconduct.
Statute of Frauds An act which requires that certain contracts be in writing and signed to be enforceable.
Notary Public A public officer who is authorized to administer oaths and to certify that documents or instruments are genuine.
Quasi Almost, but not actually the same as.
Recidivist One who repeatedly commits criminal acts and cannot be reformed.
2 components of a crime Mens Rea - Evil Intent Actus Reus - Wrongful Act
Caption and 2 things found in a caption The top section of a court document. Venue & Case Number.
Venue The geographical location or county where a case is tried.
Motion A request to the court for precise relief sought.
Counterclaim The defendant sues the plaintiff.
Cross-claim A co-party sues another co-party.
Jurat Where the notary signs.
Subpoena A document requiring a person to appear and testify.
Voir Dire to see, to say, jury selection
Challenge for Cause An objection made to a juror based on a specified reason
Peremptory Challenge An objection made to a juror for which no cause is given
Sustained Witness will not answer.
Overruled Witness will answer.
Hearsay The repeating in court, what one heard another say. Generally not admissible.
Prima Facie At first view. Evidence that is sufficient to prove or establish a fact unless contrary evidence is presented.
Amicus Curiae A non-party to the case who files a brief because he has an interest in the outcome of the case.
Burdon of Proof in Criminal Case Beyond a reasonable doubt.
Burden of proof in Civil Case Preponderance of evidence.
Dictum An authoritative opinion by a judge on points other than the actual issue in the case.
Per Curiam An opinion by the entire court.
Res Judicata Pro Veritate Accipitur Cannot be sued for the same civil case twice.
Dismissal with Prejudice The case is kicked out of court, but the plaintiff may not bring it back to court.
Dismissal without Prejudice The case is kicked out of court and the plaintiff may bring it back to court.
Nunc Pro Tunc Retroactive
Name the 2 Parties to an appeal. Appellee and Appellant
Appellee AKA Petitioner Person who brings the appeal (Loses trial in court)
Appellant AKA Respondent Person who defends against appeal (who trial in court)
Writ of Certiorari Higher court requests the lower court to send the lower court’s records to the higher court for review.
Three Categories of Torts Intentional Torts, Negligence & Strict Liability.
Tortfeasor Wrongdoer, defendant, alleged wrongdoer
Res Ipsa Loquitor Method of proving the breach of duty in a negligence case through the use of circumstantial evidence.
Two classifications of crimes Felony & Manslaughter
Felony Punishable by one year or more in a state or federal penitentiary and/or fines or forfeitures.
Misdemeanor Less serious crime; punishable by one year or less in a county or local jail and/or fines or forfeitures.
Scienter knowingly, with guilty knowledge
Murder The killing of another human being with malice aforethought.
Manslaughter The killing of another human being without malice aforethought.
Codicil An amendment to a will. Testamentary document.
Nuncupative Will W will made in anticipation of immediate death that is stated orally before other persons & later put in written form.
Holographic Will A will that is the handwriting of the one making it.
Intestate A person who dies without a valid will.
Escheat Makes the state the ultimate heir.
2 Elements of escheat. A person must die intestate (no living will) & leave no living heirs.
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
Title Ownership
Warranty Deed A deed guaranteeing that the person transferring real property has good and complete title to said property.
Quit Claim Deed A deed that conveys only the person’s interest in the property if any such interest exists.
Easement A right to use the land of another for a specified purpose
Eminent Domain aka The Government's Condemnation Power The right of the government to take private property for public use.
Fixture Personal property or chattels that is attached to the land so that it takes on the characteristics of the real property and is treated as real property under the law.
An example of a fixture. Bath tub.
Bailment The entrustment of personal property from one person to another.
What are the parties name for Bailment? Bailor & Bailee.
What are the 6 Requirements to a valid Contract? Agreement, Consideration, Contractual Capacity, Legality, Genuineness of Assent & Form
Consideration Something of legal value on which a contract is based; a bargained-for exchange.
Automatic Stay Court order prohibiting creditors from the pursuit of collection against the debtor.
Bilateral Contract A contract that includes the exchange of a promise for a promise.
Unilateral Contract A contract that includes the exchange of a promise for an act.
Consanguinity Related by blood.
Affinity Related by marriage.
Commercial Paper Documents that can be used as a substitute for money or as a credit device.
What's an example of Commercial Paper? Check.
Negotiable Transferred freely from one person to another.
Usury Charging an illegal rate of interest.
Indorsement A signature that appears on the back of the instrument. It transfers ownership.
Allonge Attached sheet of paper with a signature(s) if no room exists on the commercial paper.
What is one goal of Bankrupcy? To give the debtor a fresh start free from creditor's claim.
What is the second goal of bankruptcy? To provide equitable treatment of creditors who are competing for the debtor's assets.
What are the three origins of legal words? Roman Civil Law, Judeo-Christian, Religious Law Canon Law & Germanic Customary Law.
Judeo-Christian, Religious Law Canon Law Church-made Law, Latin, Estate Planning/Probate.
Germanic Customary Law Germanic- german/english mixed with french. Developed into English common law. Real Estate, Criminal Law.
Subpoena Duces Tecum A document requiring a person to appear and testify and bring documents with him or her.
What law is statute of frauds from? Contract Law.
When does automatic stay take effect? Upon filing of bankruptcy petition.
Created by: Jazdiz