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Legal Term Ch. 13-18
Legal Terminology Notecards
| Question | Answer |
|---|---|
| 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. |
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Jazdiz
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