Shared Flashcard Set

Details

ch 7 vocab
ch 7 vocab
19
Law
Undergraduate 3
04/27/2011

Additional Law Flashcards

 


 

Cards

Term
Injunctive relief
Definition
Requiring someone to do or refrain from doing something
Term
Restitution
Definition
Restoring a person to a previous position to prevent unjust enrichment
Term
Declaratory judgment
Definition
a judicial determination of the parties rights
Term
Reformation
Definition
judicially rewriting a written instrument to reflect the real agreement of the parties
Term
Ejectment
Definition
Occurs when a trespasser secures full possession of the land and the owner brings an action to regain possession
Term
Replevin
Definition
An action used to recover possession of personal property wrongfully taken
Term
Rule of mitigation
Definition
A person who is injured must use whatever means are reasonable to avoid or minimize damages
Term
Benefit rule
Definition
When defendant’s misconduct causes damages but also operates directly to confer some benefit on the plaintiff, then the plaintiff’s damage claim may be diminished by the amount of the benefit conferred
Term
General Damages
Definition
Are those that are the natural and necessary result of the wrongful act or omission, and thus can normally be expected to accompany the injury
Term
Special damages
Definition
are awarded for injuries that arise from special circumstances of the wrong
Term
Hedonic Damages
Definition
the loss of enjoyment of life
Term
Liquidated Damages
Definition
The exact amount of money, which the parties to a contract expressly agree must be paid, or may be collected, in the event of a future default or breach of contract
Term
Mandatory injunction
Definition
An order compelling one to do an act 
Term
Prohibitory injunction
Definition
An order prohibiting an act
Term
Ex Parte Injunction
Definition
Granted without notice to defendant
Term
Per Curiam
Definition

"by the court"

 

Per curiam refers to a decision handed down by the court as a whole, without identifying any particular judge as the author. It is the opinion of the court as a single body. Most decisions on the merits by the Supreme Court and other appellate courts in the U.S. are signed by individual justices. Even when such signed opinions are unanimous, they are not termed "per curiam." Per curiam decisions usually deal with issues the court views as relatively non-controversial.

Term
Specific Performance
Definition

 Equitable remedy that is identified with breaches of contract. 

Term
Restitution
Definition

Restoration to the plaintiff of property in the possession of the defendant

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