Term
|
Definition
| AWARDED WHEN WRONGDOERS CONDUCT HAS BEEN WILLFUL AND MALICIOUS AND FRAUD WAS INVOLVED. |
|
|
Term
|
Definition
ALL THINGS WHICH ARE MOVABLE AT THE TIME OF IDENTIFICATION TO THE CONTRACT FOR SALE.
MOVABLE AND TANGIBLE |
|
|
Term
|
Definition
AUCTION SALES
CONSUMER GOODS BOUGHT FOR PERSONAL USE
ELECTRICITY
SHIPS AND AIR CRAFTS
SECURITIES SUCH AS STOCKS
CONTRACTS PRIMARILY FOR SUPPLY OF LABOR |
|
|
Term
|
Definition
| OPTION A CLAUSE THAT CAN BE USED WHEN CREATING A CONTRACT THAT DOES NOT RELATE TO INTERNATIONAL SALES ONLY |
|
|
Term
|
Definition
| ONLY RELATES TO TORT LAW KNOWN AS THE "BUT FOR RULE" |
|
|
Term
|
Definition
| LEGAL DOCTRINE RELATES TO ONLY CIVIL LAW AND BARS A SECOND PROSECUTION OF AN ACCUSED OF AN ALLEGED CRIME THAT HAS ALREADY BEEN TRIED TO A VERDICT |
|
|
Term
|
Definition
| LEGAL DOCTRINE PROTECTS THE SELLER OF A PRODUCT AND PUTS THE LEGAL BURDEN ON THE BUYER TO BE AWARE OF WHAT THEY ARE PURCHASING |
|
|
Term
|
Definition
| PREVENT UNJUST ENRICHMENT AT THE EXPENSE OF ANOTHER AND DERIVED FROM COMMON LAW OF CONTRACTS |
|
|
Term
|
Definition
| ONLY CONVEY WHATEVER INTEREST THE GRANTOR HAS IN THE REALTY WHILE NEVER ASSERTING THE GRANTOR HAS ANY INTEREST IN THE REALTY. USED IN DIVORCE AND BANKRUPTCY |
|
|
Term
|
Definition
| PREVENTS ORAL TESTIMONY THAT WOULD CONTRADICT ANY TERMS OF A WRITTEN CONTRACT / INADMISSABLE IN COURT |
|
|
Term
| ELEMENTS REQUIRED TO EXIST IN A CONTRACT |
|
Definition
INTENT
CAPACITY
LEGAL SUBJECT MATTER
ACCEPTANCE
CONSIDERATION
OFFER |
|
|
Term
|
Definition
| THE OFFER AND ACCEPTANCE ARE IDENTICAL AND CREATES A VALID LEGAL BINDING CONTRACT |
|
|
Term
| DOCTRINE OF TRANSFERRED INTENT |
|
Definition
| RESULT OF ACTION OR INACTION IS TRANSFERRED TO THE ACTUAL VICTIM |
|
|
Term
|
Definition
|
|
Term
|
Definition
| THE LARGEST BODY OF CIVIL LAW AND HAS 3 PARTS: NEGLIGENCE, INTENTIONAL, AND STRICT LIABILITY |
|
|
Term
|
Definition
BEST FORM OF DEED
TRANSFERS REALTY FROM SELLER TO BUYER AND SELLER WARRANTS HAS GOOD, LEGAL AND MARKETABLE TITLE AND WILL DEFEND THAT TITLE FOR THE BUYER AS AGAINST ANYONE, ANYWHERE AT ANY TIME WHO ASSERTS THEY HAVE TITLE TO THE PROPERTY |
|
|
Term
FEE SIMPLE
FEE SIMPLE ABSOLUTE |
|
Definition
MEANS THE SAME THING IN LAW
TOTAL AND COMPLETE OWNERSHIP OF REALTY. IT IS THE HIGHEST AND BEST FORM OF PROPERTY OWNERSHIP. |
|
|
Term
|
Definition
| A GIVES TO B A LIFE ESTATE IN CITY FOR AND DURING NATURAL LIFE. B IS THE LIFE TENANT WHO IS REQUIRED TO MAINTAIN AND NOT COMMIT WASTE ON OR OF THE PROPERTY. WHEN B DIES THE PROPERTY REVERTS BACK TO A |
|
|
Term
| LIFE ESTATE PUR AUTRIE VIE |
|
Definition
| A GIVES B AS MEASURED BY THE LIFE OF C. WHEN C DIES THE LIFE ESTATE ENDS |
|
|
Term
|
Definition
RIGHT TO ENTER LAND OWNED BY YOU FOR A SPECIFIC REASON.
EX: UTILITIES |
|
|
Term
|
Definition
| PROMISE THAT GENERALLY RUNS WITH THE STAY OF THE LAND. |
|
|
Term
|
Definition
| LAW PERMITS THE TAKING OF YOUR LAND WITHOUT YOUR CONSENT ALL OR SOME PART OF IT - PROVIDED -5TH AMENDMENT THE TAKING IS FOR USE OF THE LAND FOR PUBLIC PURPOSE AND YOU ARE PAID JUST COMPENSATION FOR THAT WHICH IS TAKEN. |
|
|
Term
| NON-DISCLOSURE AGREEMENT (NDA) |
|
Definition
AKA CONFIDENTIALITY AGREEMENT
CONTRACT YOU REQUIRE ANYONE YOU CONSULT ABOUT YOUR ORIGINAL CREATION TO SIGN AND WHICH PREVENTS DISCLOSURE OF THE INFORMATION YOU PROVIDE IN ORDER TO OBTAIN EXPERT ADVICE. IF BREACHED YOU HAVE A LAWSUIT. |
|
|
Term
|
Definition
| REQUIRE CONTRACT TO BE WRITTEN AND CAN BE FORMED ON LINE IN THE WORLD OF E-COMMERCE. REMEMBER TO COPY AND PRINT ALL ASPECTS OF THE NEGOTIATION SO YOU HAVE PROOF OF THE CONTRACT. |
|
|
Term
|
Definition
| ALL NEGOTIABLE INSTRUMENTS MUST BE WRITTEN |
|
|
Term
|
Definition
COMMON LAW DOCTRINES
ARE LEGAL WAYS TO SUE FOR DAMAGES TO YOUR REALTY IF THERE ARE NO LEGAL REMEDIES AVAILABLE TO ONE WHO IS DAMAGED BY CONDUCT OF ANOTHER |
|
|
Term
|
Definition
| FRESH START BUT NOT ANY MORE. GOT TO PAY SOMETHING. IF CURRENT ON CAR OR HOUSE YOU CAN KEEP. MAY LOSE SOME ASSETS. NOW CALLED MODIFIED FRESH START. |
|
|
Term
|
Definition
| BUSINESS WORLD / REORGANIZATION OF DEBT UP TO 60 MONTHS TO PAY |
|
|
Term
|
Definition
| HUMAN BEING / REORGANIZATION OF DEBT AS WELL AND UP TO 60 MONTHS TO PAY. INTEREST GET REDUCED TO A TOLERABLE RATE |
|
|
Term
|
Definition
CONSIDERED A ONE SIDED AGREEMENT, WHERE AN OFFER IS MADE THAT IS YET TO BE ACCEPTED BY A REPLY OR BY PERFORMANCE OF WHAT THE OFFER REQUIRES.
PROMISE SOMEONE GIVES IN EXCHANGE FOR ACTUAL PERFORMING |
|
|
Term
|
Definition
ONLY PROMISE FOR A PROMISE
WILL YOU CUT MY GRASS (ASKING) AND HE ANSWERS YES (MIRROR IMAGE RULE)
BOTH PARTIES ARE IN AGREEMENT WITH THE TERMS AND PERFORMANCE WILL TAKE PLACE IMMEDIATELY OR IN THE NEAR FUTURE |
|
|
Term
|
Definition
DEAD UNLESS REVIVED THE OFFER
A SAY TO B I WILL SELL YOU MY CAR FOR 128000. B SAY I WILL PAY YOU 122000. WHICH IN LAW ENDED THE EXISTENCE OF THE OFFER WHICH A NEVER HAD TO RE-OFFER |
|
|
Term
|
Definition
| SOMETHING IN THE TERMS OF THE CONTRACT IS INCOMPLETE |
|
|
Term
|
Definition
HAS BEEN FORMED AND COMPLETED OR ALL TERMS OF THE CONTRACT ARE AGREED TO AND PERFORMED SOMETIME IN THE FUTURE
IF IT IS MORE THAN A YEAR IT MUST BE SIGNED AND WRITTEN BECAUSE OF STATUTE OF FRAUDS |
|
|
Term
|
Definition
| CAN'T MISUSE A PRODUCT AND FILE SUIT |
|
|
Term
|
Definition
| RELAXES THE PRINCIPLE OF STRICT CONTRACT LAW/COMMON LAW PRINCIPLE |
|
|
Term
|
Definition
| IN ORDER TO PROVE PRIMA FACIE CASE ONE MUST PROVE THERE WAS 1. DUTY 2. BREACH OF DUTY 3. THE BREACH WAS THE PROXIMATE CAUSE 4. OF THE DAMAGES. MUST BE ACTUAL DAMAGES OR NO TORT |
|
|
Term
|
Definition
| PROVING EACH ELEMENT OF THE SPECIFIC LEGAL MATER |
|
|
Term
|
Definition
EXAMPLE OF PRIMA FACIE
1 IT MUST BE A FALSE STATEMENT
2 THAT WAS PUBLISHED MADE TO ANOTHER PERSON |
|
|
Term
|
Definition
| WHOM WE COMPARE THE CONDUCT OF THE DEFENDANT AT THE TIME OF THE NEGLIGENT ACT |
|
|
Term
|
Definition
| WHAT IS OWED BY EVERY MEMBER OF SOCIETY TO OTHERS - PEOPLE AND PROPERTY AND ANIMALS |
|
|
Term
|
Definition
| THOSE ACTS THAT SOMEONE INTENDED TO OCCUR AND PROOF THEREOF IS MADE BY EXAMINING ALL FACTORS THAT EXISTED BEFORE, AT THE TIME AND AFTER THE INCIDENT TOOK PLACE - THESE FACTORS HELP PROVE INTENT |
|
|
Term
|
Definition
| RELATES TO PRODUCT LIABILITY AND PROVIDES (VICARIOUS LIABILITY) A REMEDY WHEN SOMEONE IS INJURED BY ACTS OR OMISSIONS TO ACT, WITHOUT REGARD TO PROVING FAULT BY THE ONE COMMITTING THE ACT |
|
|
Term
|
Definition
| RELATES TO PRODUCT LIABILITY AND PROVIDES (VICARIOUS LIABILITY) A REMEDY WHEN SOMEONE IS INJURED BY ACTS OR OMISSIONS TO ACT, WITHOUT REGARD TO PROVING FAULT BY THE ONE COMMITTING THE ACT |
|
|
Term
|
Definition
| PERMITS THE CREATOR OF THE ORIGINAL IDEA TO BE KNOWN AS THE OWNER |
|
|
Term
|
Definition
| CERTIFICATE WILL BE THE BEST EVIDENCE PROVING YOU ARE THE CREATOR, THUS IT IS NOT ALWAYS ADVISABLE TO ONLY RELY ON THE COMMON LAW PROTECTION. ALWAYS GET A COPYRIGHT FROM THE GOVERNMENT |
|
|
Term
|
Definition
COMMERCIAL SYMBOL "TARGET"
OBTAIN FROM GOVERNMENT TO GIVE YOU THE GREATEST AMOUNT OF PROTECTION |
|
|
Term
|
Definition
| NAME OF YOUR BUSINESS WHETHER INCORPORATED OR NOT |
|
|
Term
DOUBLE JEOPARDY IS TO
AS RES JUDICATA IS TO |
|
Definition
|
|
Term
PLEA BARGAINING IS TO
AS ADR IS TO |
|
Definition
|
|
