Review for Legal Terms Final
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adjournment | is a temporary postponement to a case
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administrator | the person appointed to oversee an estate in the event that no will is written
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affidavit | a sworn written statement
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alimony | is the money paid by one spouse to another following a divorce
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annulment | is a legal decree stating that a marriage was not valid
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appeal | a request to a higher court to overturn the judgment of a lower one
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arbitration | a method of amicable dispute resolution
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arraignment | the initial appearance before a judge in a criminal case
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article of incorportation | is a document filed with the state incorporating a limited liability company
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award | a decision, usually by an arbitrator, in favor of a plaintiff or defendant , as the case may be
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bail | money paid to the court to guarantee the defendant's attendance at court at a later date
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bankruptcy | a process governed by federal law where a person cannot pay bills when due and payable
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beneficiary | the person named as such in a will or insurance policy
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board of directors | a group of individuals who run a company of behalf of the shareholders
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brief | a legal document that sets out the legal arguments in a lawsuit
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burden of proof | is the duty, in law, to show, according to the facts, that the allegations to the lawsuit are either false or true
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capital gain/loss | the profit or loss, as the case may be, from the sale of an asset, such as your home
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cause of action | is the reason/grounds on which the legal action is being submitted/brought
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certify | to testify in writing
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class action lawsuit | is where two or more plaintiffs join together to bring a case against another
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collateral | is the security you agree to put down on a loan and which you will have to forfeit in the event that you cannot repay the loan
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complaint | is a civil law action that initiates a lawsuit
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condition | are circumstances which are essential to the ascertain of a right (i.e. collateral as a condition for a loan)
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conflict of interest | means that you have competing interests in something that would make it difficult or impossible for you to fulfill your duty impartially
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consideration | is the thing, usually money, which you pay, under a contract, in exchange, for getting something else
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contract | is a legal agreement entered into between two or more persons
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costs | the sum awarded to the successful party to a lawsuit
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counsel | legal representation, lawyer or attorney
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creditor | someone to whom you owe money
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custodian | person appointed to manage and disperse funds on behalf of a child - normally a court order person
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damages | money paid to someone who has suffered injury or loss as a result of an action by a third party
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debtor | someone who owes money to a creditor
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decision | the verdict of a court in a case
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deed | a written legal document describing a piece of property and setting out the boundaries of that property
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default | is the failure to do something required of you under contract - an obligation
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defendant | is the person who has charges to answer (criminal) or is being sued (civil)
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deposition | where a witness testifies under oath and you have a pretrial discovery to determine whether or not the deposition is in fact true
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discovery | the process, pre-trial, where each party to a case will ask for documentation and information relevant to their case
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dismissal | the termination of a case
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double jeopardy | is the process of being tried twice for the same crime/offense
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easement | a right given to one person to enter the property of another without having to ask permission each time
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estate | all of the property of a deceased person
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evidence | document, photo, etc that prove a claim as to facts
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executor | person named in a will to dispense the estate
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fault | this means that you are to blame for something
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felony | a crime the nature of which is serious enough for you to spend one or more years in jail
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fine | punishment imposed for an offense
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foreclosure | occurs when a borrower cannot repay their debts and the creditor sells the property
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franchise | a business relationship whereby the owner of a business licenses others to use the name of his business
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good faith | is to act honestly and without deception
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grand jury | group of civilians conven
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heirs | person entitled by law to inherit the estate of a deceased person
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implied | means to give the appearance
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incompetency | to lack legal qualifications or fitness to discharge a legal duty
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injunction | a court order requiring you to stop doing something
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intestate | means to die without having left a will
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joint custody | means that both parents have equal rights to a child following a divorce
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joint and several liability | means that you agree to be jointly and individual liable for a debt with another person
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judgment | the official decision given by a court
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jurisdiction | the court's authority to hear your case
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jury | group of twelve citizens charged with hearing your case
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lease | a legal agreement to lend/hire something to a third party
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lemon laws | laws that require manufactures to repair defective cars
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liability | a duty or obligation for which you're legally responsible
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living will | is a legal document that sets out a person's wishes should they become incapacitated
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minor | a person under the legal age of consent
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motion | a request made to a judge asking him to rule on an issue of law
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natural person | an individual - as opposed to a company or partnership
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negligence | a failure to use a degree of care
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notary public | person authorized to witness documents
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oath | to swear to tell the truth
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order | direction (written or oral) of a court
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petition | written application to the court asking the court to take action on a specific matter
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plaintiff | the person who starts a lawsuit
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pleadings | applies in civil cases and are the allegations made by each of the parties to the case
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power of attorney | legal document authorizing another to act on your behalf
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probate | the legal process where the court oversees the distribution of property under a will
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proceedings | the process of a lawsuit
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promissory note | a written document under which a person promises to pay another money on a given date and pursuant to specified terms set out
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quid pro quo | is a latin term which means you'll get something for having given something
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real property | means land and all things attached to the land
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reasonable | means a level that an ordinary person would be expected to have
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reply | a plaintiff's response to a defendant's answer
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security agreement | means a contract under which you agree to give security as collateral for the loan in the event that the loan is not repaid
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settlement | is an agreement or decision in a civil case
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statute of limitations | is the period prescribed by law within which you have to file a lawsuit, otherwise you forfeit your rights to begin an action
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subpeona | legal order compelling you to appear in court
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summons | a legal document notifying you that a lawsuit has been initiated against you and how and where you must answer the claim
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testator | person who makes a will
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tort | a civil wrong
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trust | property given to a trustee to manage on behalf of beneficiaries
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trustee | person charged with looking after property under trust
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verdict | formal decision by a jury/court on the facts of a case
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witness | a person who gives evidence in court under oath
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worker's compensation | paid to a worker who suffers a work related injury or illness
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writ | a judicial order
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due process | is a legal doctrine that a person's trial proceedings be fair
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