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