Question | Answer |
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. |