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Chiropractic Financial Management
PCC Stachenotes Midterm
59
Business
Graduate
12/13/2012

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Cards

Term
Accusation
Definition
A charge against a person or corporation
Term
accuse
Definition
to directly and formally institute legal proceedings against a person
Term
accused
Definition
person against whom a criminal proceeding is initiated
Term
admissible evidence
Definition
evidence which has been received by a trial court to aid the trier of fact (judge or jury) in deciding the merits of a controversy
Term
admission
Definition
voluntary acknowledgement that certain facts do exist or are true
Term
adult
Definition
a person who has reached the age of majority
Term
affidavit
Definition
a written, ex parte, statement made or taken under oath before an officer of the court or a notary public
Term
affirm
Definition
the act of an appellate court that the judgement of the lower court is correct
Term
allegation
Definition
in pleading, an assertion of fact
Term
appeal
Definition
a resort to a higher court, seeking a reversal of a court decision
Term
assault
Definition
an attempt or threat, with unlawful force, to inflict bodily injury
Term
battery
Definition
the unlawful application of force to the person of or,unauthorized touching of another, no physical harm need result
Term
breech of contract
Definition
a party’s failure to perform some contracted- for or agreed-upon act, or failure to comply with a duty imposed by law
Term
burden of proof
Definition
the obligation of one party in a lawsuit to prove all the requirements necessary to show entitlement to recovery
Term
caveat
Definition
a warning, caution or qualification
Term
circumstantial evidence
Definition
indirect evidence, secondary evidence by which a principal fact may be inferred
Term
civil
Definition
the branch of law that pertains to suits outside of criminal practice, pertaining to the rights and duties of persons in contract, tort, etc
Term
clear and convincing
Definition
as a standard of proof, it is that amount of evidence beyonda mere preponderance, but below that of beyond a reasonable doubt.
Term
code
Definition
a set of laws or rules
Term
common law
Definition
a system of jurisprudence which originated in England and passed on to the U.S., based on judicial precedent,
common law is changing reflecting the desires of society
Term
comparative negligence
Definition
a doctrine in some states which allows apportionment between plaintiff and defendant of responsibility for injuries or damages, in some states the plaintiff may still recover even though they were negligent, but the amount they can recover will be reduced by the percentage by which they caused their own injuries
Term
compensatory damages
Definition
damages awarded in order to “ make the plaintiff whole”, to put the plaintiff in the position they would have been in had no tort or breech of contract occurred
Term
complaint
Definition
the first pleading of the plaintiff setting out the facts on which the claim for relief is based
Term
confession
Definition
an admission of guilt or other incriminating statement made by the accused
Term
consideration
Definition
something of value received or promised to persuade someone to enter into a contract
Term
contract
Definition
an agreement between two or more persons that is enforceable by law
Term
contributory negligence
Definition
a doctrine recognized in some states which precludes any recovery by a plaintiff if they were guilty of negligence which contributed to cause their injury
Term
convenant
Definition
an agreement or promise to do or not to do a particular thing
Term
convenant
Definition
an agreement or promise to do or not to do a particular thing
Term
damages
Definition
monetary compensation which the law awards to one who has been injured by the actions of another
Term
defendant
Definition
the person who is being sued
Term
defective contract
Definition
a contract in which mutual assent has been destroyed, by fraud, coercion or otherwise
Term
deposition
Definition
a pre-trial discovery procedure whereby parties or witnesses are examined under oath, a court reporter is present and records questions and answers
Term
discovery
Definition
a pre-trial procedure by which one party gains information by another party
Term
duress
Definition
action by one party that forces another to do what need not otherwise be done
Term
duty
Definition
obligatory conduct owed by a person to another person
Term
emancipation
Definition
the freeing of someone from the control of another, a parent’s express or implied relinquishing of rights over a minor child
Term
estoppel
Definition
a bar which precludes a person from denying the truth of a fact, a doctrine preventing a person from taking a position inconsistent with their previous conduct
Term
exculpatory
Definition
refers to evidence and or statements which tend to clear, justify or exclude the defendant from alleged guilt or fault
Term
execution of instrument
Definition
to sign a legal instrument so that it is legally enforceable
Term
executory
Definition
a contract not fully accomplished or completed
Term
executed contracted
Definition
a contract fully performed by both parties
Term
expert witness
Definition
a witness achieving “special knowledge” of the subject about which they will testify
Term
exposure event
Definition
an occurrence which may result in liability
Term
filing
Definition
placing a document into the possession of the court for inclusion in the file of a case
Term
fraud
Definition
intentional deception resulting in injury to another
Term
garnishment
Definition
the process in which money or goods in the hands of a third person which are due a defendant are attached by the plaintiff
Term
ignorantia legis non excusat
Definition
ignorance of the law is no excuse
Term
imputed liability
Definition
where one is held liable for the conduct of another, because the other person is the agent or employee of the
person of the person who is held ultimately responsible
Term
inculpatory
Definition
that which tends to incriminate
Term
indemnity
Definition
the obligation or duty resting on one person to make good any loss or damage another has incurred or may incur
Term
interrogatory
Definition
a pre-trial discovery tool in which written questions are asked to an opponent in a under oath
Term
ipso facto
Definition
by the fact itself, in and of itself
Term
judgment
Definition
the determination of a court of competent jurisdiction upon matters submitted to it
Term
liability
Definition
having legal responsibility to pay another for damages
Term
litigation
Definition
a controversy in court
Term
litigant
Definition
party in a lawsuit
Term
locality rule
Definition
a doctrine under which a doctor’s compliance with the appropriate standard of care is judged by the practices of doctors in their same geographic locality, doctrine has been
abandoned in many jurisdictions
Term
malpractice
Definition
a professional’s improper or immoral conduct in the performance of duties, done intentionally or through carelessness or ignorance
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