Legal Survey vocab review for paralegal test 2
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| Abuse of process | show 🗑
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| show | Someone who assisted in the preparation of the crime but was not present during the crime
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| Accessory after the fact | show 🗑
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| show | Also known as a principal in the second degree; a person who assists the principal with the crime or with the preparation of the crime
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| Accord and satisfaction | show 🗑
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| Actual Cause | show 🗑
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| Actus reus | show 🗑
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| show | A solicitation of an offer to buy
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| Alibi defense | show 🗑
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| Appropriation | show 🗑
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| Arraignment | show 🗑
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| Arrest | show 🗑
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| show | Malicious burning of the house or property of another
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| show | Rightfully retaining someone’s property. A defense to trespass to personal property and conversion
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| show | An intentional act that creates a reasonable apprehension of an immediate harmful or offensive physical contact
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| show | Voluntarily and knowingly subjecting oneself to danger
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| show | Doctrine in which a danger that would attract children must be protected by more than just a sign (swimming pools)
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| show | Money or something of value held by the gov't to ensure the D's appearance in court
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| Battered woman/spouse syndrome | show 🗑
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| Battery | show 🗑
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| show | A wrongful physical contact with a person that entails some injury or offensive touching
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| Beyond a reasonable doubt | show 🗑
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| Bilateral Contract | show 🗑
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| Booking | show 🗑
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| show | Failure to do one's duty
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| Burglary | show 🗑
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| show | A crime for which the death sentence can be imposed.
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| Charging the jury | show 🗑
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| show | A method for measuring the relative negligence of the P and D, with a commensurate sharing of the compensation for the injuries
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| show | aka Actual Damages; awarded to P for the harm done to him
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| show | A defense that relieves the defendant of all criminal responsibility
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| show | Anything of value; it must be present for a valid contract to exist, and each side must give it
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| show | An agreement to commit an unlawful act
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| show | Laws may not limit free expression on the basis of whether the speech's content supports or opposes any particular position
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| Contract | show 🗑
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| Contributory Negligence | show 🗑
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| Conversion | show 🗑
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| Crime | show 🗑
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| Custodial interrogation | show 🗑
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| show | Occurs when the D has been deprived of freedom in a significant way
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| Deadly force | show 🗑
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| show | The publication of false statements that harm a person's reputation
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| show | Remarks considered to be so harmful that they are automatically viewed as defamatory
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| show | The intentional publication of embarrassing private affairs
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| Double jeopardy | show 🗑
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| Dram shop Laws | show 🗑
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| show | Under this statute (adopted in 16 states), anyone who distributes an illegal drug in a particular geographic area during a particular time can be sued by anyone harmed by that type of drug.
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| Due Process | show 🗑
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| show | A defense that force or a threat of force was used to cause a person to commit a criminal act
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| show | Legal obligation
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| Eggshell skull | show 🗑
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| show | 1. Offer, 2. Acceptance, 3. Consideration
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| Entrapment | show 🗑
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| show | A rule that states that evidence obtained in violation of an indiv.'s constitutional rights cannot be used against that indiv. In a criminal trial
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| show | A provision that purports to waive liability; such as a waiver
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| show | Evidence that suggests the D's innocence
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| Execute | show 🗑
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| Executed Contract | show 🗑
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| Executory Contract | show 🗑
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| Exigent circumstances | show 🗑
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| Express Contract | show 🗑
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| False arrest | show 🗑
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| False Imprisonment | show 🗑
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| False Light | show 🗑
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| show | A serious crime, usually carrying a prison sentence of one or more years
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| Fine | show 🗑
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| Forfeiture | show 🗑
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| Forgery | show 🗑
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| show | Contract made under seal; a recognizance; negotiable instrument. A check or a real estate transfer are examples.
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| Fourth Amendment | show 🗑
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| show | Involves the intent to induce reliance on the misrepresentation, knowledge that the misrepresentation is false or a reckless disregard for the truth, justifiable reliance, and harm
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| show | Evidence that is derived from an illegal search or interrogation is inadmissible
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| General damages | show 🗑
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| General deterrence | show 🗑
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| General intent | show 🗑
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| show | A group of (usually 23) people whose function is to determine if probable cause exists to believe that a crime has been committed by D
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| Hate crime | show 🗑
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| show | Speech directed at a particular group of people that involves intimidation
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| show | The killing of one human being by another
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| show | Contract formed through conduct, not words
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| show | The perpetrator of a crime is isolated in a prison so that this individual will not be able to commit any crimes during the length of the incarceration
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| show | Attempted crimes
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| Inculpatory evidence | show 🗑
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| Indictment | show 🗑
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| Inference | show 🗑
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| show | Contract that does not have to meet a special formality to be followed
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| show | A prosecutor's written accusation (after preliminary hearing) that a given individual has committed a crime
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| Injunction | show 🗑
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| Insanity defense | show 🗑
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| show | An intentional act that is extreme and outrageous and causes severe emotional distress
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| show | Purposeful violation of a duty toward others; an intent to harm and a resulting harm
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| show | Prohibits one from inducing a party to breach a contract or interfering with the performance of a contract
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| show | A factor that contributed to the plaintiff's injury
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| Intoxication defense | show 🗑
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| show | The intentional unjustified encroachment into another person's private activities
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| show | An intentional tort that covers a variety of situations, including disclosure, intrusion, appropriation, and false light
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| show | Insanity test - if D could not control his or her actions
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| show | Crime of unlawful confinement (usually asportation - movement of the victim, must occur)
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| Knowingly | show 🗑
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| show | The doctine that states that despite the P’s contributory negligence, the defendant should still be liable if the D had the final opportunity to avoid the accident
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| Lesser Included Offense | show 🗑
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| show | Written defamation
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| show | The loss by one spouse of the other spouse's companionship, services, or affection
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| Malice | show 🗑
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| show | Filing a lawsuit out of spite, with no legal or factual foundation
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| show | A legal theory that allows plaintiffs to recover proportionately from a group of manufacturers when the identity of the specific manufacturer responsible for the harm is unknown
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| Mens rea | show 🗑
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| show | An offer made by a merchant in a signed writing that assures the buyer the offer will remain open for a specific period of time. It does not require consideration to be binding.
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| show | The requirement that D be notified of their rights to remain silent and to have an attorney present prior to questioning
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| Mirror Image Rule | show 🗑
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| show | A minor crime not amounting to a felony, usually punishable by a fine or a jail sentence of less than a year
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| Misfeasance | show 🗑
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| show | A defense of ignorance of the facts
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| show | A method for awarding a % of damages if P’s contributory negligence is responsible for less than 50%
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| M'Naghten Test | show 🗑
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| Model Penal Code and Commentaries | show 🗑
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| Motion to require a finding of not guilty | show 🗑
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| Motion to suppress | show 🗑
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| Necessity | show 🗑
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| show | The failure to act reasonably under the circumstances; also, a unintentional tort
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| Negligence per se | show 🗑
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| show | underlying concept is that one has a legal duty to use reasonable care to avoid causing emotional distress to another individual
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| show | A warrant that allows the police to enter without announcing their presence in advance
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| Nolo contendere | show 🗑
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| Nominal Damages | show 🗑
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| Nonfeasance | show 🗑
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| Offer | show 🗑
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| show | A contract in which the buyer gives the seller consideration to keep the offer open for a stated period of time
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| show | A contract in which one party agrees to deliver its entire stock or production of a particular product to the other party
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| Overbreadth | show 🗑
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| show | A defense that reduces a crime to a lesser included offense
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| Personal recognizance bond | show 🗑
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| Plain view doctrine | show 🗑
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| show | When the prosecution and defense negotiate the D's punishment
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| show | The person who commits the crime
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| show | A belief based on specific facts that a crime has been or is about to be committed; more than a reasonable suspicion
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| Product Misuse | show 🗑
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| show | The theory holding manufacturers and sellers liable for defective products when the defects make the products unreasonably dangerous
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| show | aka Detrimental Reliance; Occurs when the courts allow detrimental reliance to substitute for consideration
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| Proximate cause | show 🗑
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| show | aka Exemplary Damages; Damages awarded with the purpose to punish and deter
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| show | Intending to cause a specific harm (MPC)
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| Quantum Meruit | show 🗑
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| show | Although no contract was formed, the courts will fashion an equitable remedy to avoid unjust enrichment.
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| Reasonable suspicion | show 🗑
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| show | Disregarding a substantial and unjustifiable risk that harm will result
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| Recklessness | show 🗑
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| Rehabilitation | show 🗑
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| Requirements contract | show 🗑
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| Res Ipsa Loquitur | show 🗑
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| Restatement of the Law of Torts, Second | show 🗑
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| show | The rule that in order to claim self-defense there must have been no possibility of get away
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| Retribution | show 🗑
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| RICO | show 🗑
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| Robbery | show 🗑
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| Rules of criminal procedure | show 🗑
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| Scienter | show 🗑
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| show | Justified use of force to protect oneself or others
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| Slander | show 🗑
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| show | Similar to dramshop laws, but regarding private parties, not bars
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| Solicitation | show 🗑
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| show | Prohibits suits against the government without the gov’t consent
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| show | aka Consequential Damages; Compensatory damages that vary depending on the specific situation
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| show | Punishment so that this individual will not commit other crimes
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| show | An intention to act and to cause a particular result (common law)
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| Stalking | show 🗑
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| Stop and Frisk | show 🗑
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| Strict Liability tort | show 🗑
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| show | MPC insanity test - if D lacked either the ability to understand that the act was wrong or the ability to control the behavior
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| show | An event which occurs after the initial act leading to an accident and substantially causes the injury; D's negligence no longer makes him liable
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| show | Crime of stealing
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| Tort | show 🗑
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| Tortfeasor | show 🗑
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| show | A legal fiction that if a person directs a tortuous action toward A but instead harms B, the intent to act against A is applied to B
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| Trespass | show 🗑
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| Trespass to Land | show 🗑
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| show | When someone harms or interferes with the owner's exclusive possession of the property but has no intention of keeping the property
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| Ultrahazardous Activities | show 🗑
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| show | A valid contract that cannot be imposed because of a procedural error, such as the passage of the statute of limitations
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| show | Model code governing commercial transactions
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| Unilateral Contract | show 🗑
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| show | Contract which has all essential elements needed for a binding contract
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| Void Contract | show 🗑
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| show | A reason for invalidating a statute where a reasonable person could not determine a statute's meaning
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| Voidable Contract | show 🗑
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| show | A court's prior permission for the police to search and seize
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| Writ of habeas corpus | show 🗑
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| Wrongful birth | show 🗑
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| show | A type of medical malpractice claim brought on behalf of a child born with birth defects, alleging that the child would not have been born but for negligent advice to, or treatment of, the parents
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