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UVU LEGL 3890 Legal
NALA Legal vocabulary list
| Question | Answer |
|---|---|
| abatement | reduction, termination |
| abrogation | annulment of a former law by act of a legislative body, by constitutional authority, or by usage |
| acceptance | in contract law, consent to abide by the terms of an offer; taking of receiving a thing in good faith with the intention of retaining it |
| accession | that which increases the size or value of property |
| accommodation | arrangement made as a favor to another rather than for consideration received |
| acknowledgement | an admission, affirmation, or declaration |
| acquittal | release or discharge of an obligation or liability; in criminal law, a finding of not guilty |
| ademption | satisfaction of a legacy by gift prior to testator's death |
| adhesion contract | standardized contract form in which a party with little or no bargaining power is forced to accept its terms |
| adjudication | judgment or decision of a court |
| administrative law | body of rules and regulations having the force of law and promulgated by an administrative body created by Congress or a state legislature |
| adverse possession | acquiring title to real estate by hostile possession rather than by purchase |
| affiant | one who makes or swears to the truth of an affidavit |
| affidavit | sworn statement in writing taken before a notary public or other authorized officer |
| affirmative defense | allegation of a responsive pleading which, if it can be proved, negates the allegations of the complaint |
| agent | person authorized by another to act for him, one entrusted with another's business |
| agreement | meeting of the minds, preliminary to contract formation |
| allegation | assertion made but not proved |
| amortization | gradual extinction of a monetary obligation by periodic payments that usually includes interest |
| amnesty | sovereign forgetfulness of past acts, usually available for a limited time |
| ancillary | auxiliary, supplemental, subordinate |
| annotation | remark, note, or commentary intended to illustrate or explain |
| annul | cancel, make void, destroy |
| answer | written pleading by which a defendant responds to the plaintiff's complaint |
| antitrust laws | federal and state laws to prevent restraint of trade, price-fixing, price discrimination, monopolies, or other conduct detrimental to free commerce |
| appeal | review by a higher court |
| appellant | party who files an appeal |
| appellee | party who defends an appeal |
| appraisal | valuation or estimate of property value, made by qualified expert |
| arbitration | investigation and determination of dispute by neutral decision-maker; decision is binding on parties |
| arraignment | in criminal law, hearing at which accused pleads guilty or not guilty |
| assault | in tort, threat of imminent bodily harm accompanied by apparent ability to carry out the threat; in criminal law, often defined as the tort equivalent of battery |
| asset | real or personal property owned by an individual, estate, business corporation, or other entity |
| assignment | transfer of any right, title, or interest to another |
| attestation | act of witnessing the signing (execution) of a document |
| assumption of risk | doctrine under which a person cannot recover for injuries received from a dangerous activity to which s/he voluntarily exposed self |
| attachment | pre-judgment seizure of property based upon court order |
| attest | certify or affirm to be true or genuine |
| attorney-in-fact | one appointed by another to act in specific matters described in a power of attorney or in a letter of attorney |
| aver | assert, allege, claim |
| bailment | delivery of personal property to another to be held for a particular person and then returned |
| beneficiary | one who benefits from the act of another |
| bequest | gift of personal property by will |
| breach | failure (without legal justification) to perform when performance is due |
| brief | written argument of counsel concerning one or more legal issues in a case, sometimes called a memorandum of law |
| capacity | having legal authority or mental ability; being of sound mind |
| caption | that part of a pleading which states the name of the court, the name of the parties, the case number assigned, and the name of the pleading |
| cause of action | fact(s) giving rise to a legal remedy |
| chattel | personal property |
| choate | perfected; complete |
| chose in action | a personal right not yet reduced to judgment |
| civil code | collection of laws or statutes relating to private rights or remedies |
| civil law | laws which relate to private rights and remedies, distinguished from criminal law |
| CLA | Certified Legal Assistant |
| Code Civil | law of the State of Louisiana consisting of a collection of statutes and based upon the Napoleonic Code, distinguished from common law |
| code | collection of laws or statutes |
| codicil | an addition or change to an original will |
| common law | law based upon custom, usage, and judicial decision, distinguished from statutory law |
| community property | property owned in common by husband and wife, each owning an undivided one-half interest as a result of their marriage status |
| commutation | substitution of a lesser punishment for a greater one |
| condemnation | the process of taking private property for public use under a government's right of eminent domain |
| consideration | the lawful price, motive, cause, impelling influence, or inducement for a contract |
| contract | agreement between competent parties, supported by consideration, to do or to refrain from doing some lawful act |
| conversion | wrongful taking of personal property with intent to deprive its owner of it permanently |
| copyright | a right to reap the financial benefits of literary property |
| covenant | agreement or promise, often restricting the use of real estate |
| creditor | one to whom a debt or obligation is owed |
| criminal law | laws which control standards of conduct and which prescribe the punishments for disobedience |
| debenture | bond given as evidence of corporate debt |
| decree | the final order of an equity court |
| defamation | that which holds one up to contempt or ridicule; that which injures one's reputation |
| deponent | one who gives a deposition |
| deposition | sworn testimony given by question and answer in a non-courtroom setting, which is recorded and transcribed by a court reporter |
| devise | gift of real property by will |
| discharge | to release, liberate, annul, disencumber, dismiss |
| duress | unlawful constraint exercised upon a person, forcing her to do an act which she would not have done otherwise |
| enjoin | to prevent or forbid by injunction |
| equity | justice administered by principles of fairness, distinguished from strict rules of law |
| escheat | reversion of property to the state when there are no heirs to inherit the property at a person's death |
| estop | to stop, bar, prevent |
| estoppel | doctrine under which a person's acts or failure to act prevents from seeking relief, though otherwise would have been entitled to relief |
| eviction | to recover real estate (from a tenant) by legal process; to force out or remove from real property |
| evidentiary | constituting evidence or proof, having the quality of evidence |
| exemptions | immunity from a general burden, tax, or charge; in bankruptcy or in judgment executions, that portion of the debtor's property that cannot be liquidated and applied to the debts |
| felony | a crime for which the maximum possible punishment is death or imprisonment for one year or more in a penitentiary |
| fraud | any artifice used by one person to deceive another |
| general denial | a pleading in the form of an answer, which denies allegations made by the opposing party but which contains no affirmative defenses |
| grantee | one to whom real estate is conveyed; the buyer of real estate |
| grantor | one who conveys real estate; the seller of real estate |
| guarantor | one who agrees to undertake the (financial) obligation of another |
| guaranty | agreement to undertake the (financial) obligation of another |
| guardian | one charged with responsibility to manage the personal matters of another who is incompetent because of age, understanding, or lack of self-control |
| guardian ad litem | person appointed by a court to look after the interests of a child or incompetent during the pendency of a litigation |
| inchoate | unfinished, incomplete |
| indemnify | to secure against loss or damage |
| indictment | written accusation issued by a grand jury against a defendant in criminal law |
| indorsement | act of a payee, drawee, accommodation indorser, or holder of a bill, note, check, or other negotiable instrument, in writing his or her name upon the back of the instrument to assign or transfer the negotiable instrument to another |
| infant | one who has not reached the age of majority; a minor |
| information | written accusation issued by a prosecutor against a defendant in criminal law |
| injunction | an order issued by a court of equity, requiring a person to do or not to do a specific act |
| insolvent | condition of a person or entity that exists when total liabilities exceed total assets |
| interlocutory | provisional, interim, not final |
| interrogatories | series of formal, written questions addressed to a party for discovery purposes |
| intestate | without a will, one who dies without a will |
| judgment | final order of a court of law, based upon a jury verdict or upon findings of fact by the court |
| jurat | 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 |
| jurisdiction | power conferred on a court to hear a particular case and to render a final decision on the merits |
| jurisprudence | science of law; system of law |
| laches | a doctrine by which equitable relief is denied to one who has waited too long to seek relief |
| lessee | one who possesses or uses the property of another; tenant |
| lessor | a title holder of property who contracts for its possession or use by another; landlord |
| liable | legally responsible |
| libel | written defamation |
| lien | a charge, security, or encumbrance on property |
| liquidated | property or claim that has been converted to its cash equivalent |
| litigation | contest in a court of law for the purpose of enforcing a right or seeking a remedy |
| magistrate | court officer with limited judicial authority; a public officer |
| malfeasance | evil doing; performance of an act with bad intent |
| malpractice | professional negligence or misconduct |
| mediation | arrangement to attempt settlement of a dispute by using a neutral party as the referee |
| memorandum of law | brief of law submitted to a court by the attorney for a party |
| memorandum opinion | very short opinion of a court |
| merger | absorption of one thing or right into another |
| metes and bounds | a method of describing real estate, using boundary lines with terminal points and angles |
| minor | person who is not an adult; child |
| misdemeanor | a criminal offense for which the maximum possible punishment is a fine or incarceration for a period of less than one year |
| misfeasance | improper performance of an otherwise lawful act |
| mitigation | duty of parties to minimize damages after an injury is sustained or a breach occurs |
| mortgage | conditional conveyance of an interest in real estate, usually as security for a debt |
| mortgagee | one who receives a mortgage, usually a lender |
| mortgagor | an owner of real estate who gives a mortgage |
| motion | application (not a pleading) or request made to a court to obtain an interim ruling or order |
| motion in limine | application requesting a court to rule in advance that specific, unfairly prejudicial information will not be mentioned during trial |
| negligence | failure to use the care which a reasonable and prudent person would use in similar circumstances |
| notary public | public officer who administers oaths, attests and certifies documents, and takes acknowledgments |
| novation | substitution of a new contract, debt, or obligation for an existing one between the same or different parties |
| nuncupative | oral; not written |
| oath | solemn pledge attesting to the truth of a statement |
| offer | a promise; a commitment to do or to refrain from doing some specific act |
| offeree | one to whom an offer is made |
| offeror | one who makes an offer |
| option | a right supported by consideration to purchase property at an agreed price within a specified time |
| order | mandate, command, or direction authoritatively given; mandate of a court |
| ordinance | legislative enactment (law enacted) by a local government such as a county or a city |
| parol evidence | oral proof of contract terms which are not contained within the written contract document |
| parole | release from imprisonment upon specific conditions related to conduct or good behavior |
| patent | inventor's right to exclude others from making, using, or selling the invention for seventeen years |
| paternity | relationship of a father to a child |
| payee | one to whom payment is made |
| payor | one who makes payment |
| pecuniary | monetary; relating to money |
| perjury | false testimony given under oath |
| pleading | in federal court, complaint, answer to complaint, and reply to cross-claim (no other pleadings are allowed) |
| power of attorney | an instrument authorizing one to act as agent or attorney-in-fact for another as to those matters listed in the instrument |
| precedent | holding of a case which guides the decisions in future cases involving similar facts and similar legal issues |
| privileged communications | statements made by persons within specific, protected relationships for evidentiary purposes (husband-wife, attorney-client, priest-parishioner, etc.) |
| probable cause | justification to believe that a crime was committed and that the accused is the person who committed it |
| probation | a sentence which releases a convicted person into the community under the supervision of a probation officer |
| promissory estoppel | a doctrine which prevents a party to a contract from denying that consideration was given for the contract |
| promissory note | a written promise to pay a specific sum of money at a future time |
| proximate cause | the last (negligent) act which leads to injury; legal cause |
| proxy | an instrument authorizing one to cast the votes of another at a corporate meeting |
| punitive damages | damages awarded over and above the amount of losses, which are awarded as punishment of the wrongdoer |
| quash | suppress; stop; cease; abate |
| quiet title action | action to determine clear title to real estate |
| quitclaim deed | deed without warranty, which passes only that title which the grantor has |
| recidivist | repeat offender |
| release | discharge of one party's obligation to another |
| replevin | action to recover possession or personal property |
| rescission | an equitable remedy which invalidates a contract on the basis of mutual mistake, fraud, impossibility, and so forth |
| restitution | restoration of a thing to its rightful owner; a measure of damages according to the defendant's gains rather than the plaintiff's losses |
| service of process | delivery of a writ, summons, subpoena to the person named therein |
| settlor | one who creates a trust, trustor |
| slander | spoken defamation |
| specific performance | equitable remedy in contract law which requires the breaching party to perform according to the specific terms of the contract |
| statute | legislative enactment (law enacted) by Congress or a state legislature |
| statute of limitations | statute which limits the time within which a cause of action may be filed |
| stipulation | agreement between parties to a lawsuit concerning matters related to the trial |
| subpoena | a writ commanding the named person to appear at a specific time and place |
| subpoena duces tecum | a writ commanding the named person to appear at a specific time and place and to bring specific records or documents along |
| summons | document served upon a defendant to notify that suit has been filed and directing to answer or to otherwise appear in the case by a specific date |
| survey | process by which a tract of land is measured and its contents determined, with a map to scale created for it |
| temporary restraining order | an emergency injunctive remedy (order) of short duration to require or to forbid an act until a hearing can be held |
| testimonium clause | the clause of an instrument which begins "In witness whereof, ..." |
| tickler system | reminder system used in law offices to supplement diaries and calendars in the overall docket control system |
| tort | a civil wrong such as negligence or trespass, as distinguished from a criminal offense |
| trust account | account where client funds are kept separate from attorney funds |
| unconscionable | grossly unfair, unscrupulous, terms or conduct which shocks the conscience |
| usury | the excess over the lawful interest rate |
| vendee | the purchaser or buyer of property |
| vendor | the seller of property |
| venue | the location where an action is tried |
| verdict | finding(s) of fact by a jury in a civil or criminal trial |
| verification | confirmation of accuracy; sworn oath by an authorized person that certain statements are true to the best of his or her knowledge and belief |
| void | having no legal force or effect |
| voidable | that which is capable of being declared void but which is valid until such declaration is made |
| warranty | a promise to defend the truth of a fact |
| warranty deed | a deed conveying land which guarantees that the title is free of defects to marketability |
| with prejudice | a declaration (usually in connection with an order of dismissal) which ends the right to further relief, preventing either party from filing future complaints based on the same claim or cause of action |
| without prejudice | a declaration (usually in connection with an order of dismissal) which preserves any rights or privileges that a party may have to file a future complaint based upon the same claim or cause of action |
| witness | one who has personal knowledge about facts related to a case; one who can testify about what was seen, heard, or otherwise observed |
| writ of execution | order of a court after judgment commanding a court officer to seize property in satisfaction of the judgment |
Created by:
skwi2ut
Popular English Vocabulary sets