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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. |