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CLA Exam Legal Terms
Legal Terms
169
Law
Professional
10/17/2008

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Term
WORDS
Definition
DEFINITION
Term
Abatement
Definition
reduction, termination
Term
abrogation
Definition
annulment of a former law by act of a legislative body, by constitutional authority, or by usage
Term
acceptance
Definition
in contract law, consent to abide by the terms of an offer, taking or receiving a thing in good faith with the intention of retaining it
Term
accession
Definition
that which increases the size or value of property
Term
accommodation
Definition
arrangement made as a favor to another rather than for consideration received
Term
acknowledgement
Definition
an admission, affirmation, or declaration
Term
acquittal
Definition
release or discharge of an obligation or liability; in criminal law, a finding of not guilty
Term
ademption
Definition
satisfaction of a legacy by gift prior to testatorÕs death
Term
adjudication
Definition
judgment or decision of a court
Term
administrative law
Definition
body of rules and regulations having the force of law and promulgated by an administrative body created by Congress or a state legislature.
Term
adverse possession
Definition
acquiring title to real estate by hostile possession rather than by purchase
Term
affidavit
Definition
sworn statement in writing taken before a notary public or other authorized officer
Term
affirmative defense
Definition
allegation of a responsive pleading which if it can be proved, negates the allegations of the complaint
Term
agent
Definition
person authorized by another to act for him, one entrusted with anotherÕs business
Term
agreement
Definition
meeting of the minds, preliminary to contract formation
Term
allegation
Definition
assertion made but not proved
Term
amortization
Definition
gradual extinction of a monetary obligation by periodic payments that usually includes interest
Term
amnesty
Definition
sovereign forgetfulness of past acts, usually available for a limited time
Term
ancillary
Definition
auxiliary, supplemental, subordinate
Term
annotation
Definition
remark, note, or commentary intended to illustrate or explain
Term
annul
Definition
cancel, make void, destroy
Term
answer
Definition
written pleading by which a defendant responds to the plaintiffÕs complaint
Term
antitrust laws
Definition
federal and state laws to prevent restraint of trade, price-fixing, price discrimination, monopolies, or other conduct detrimental to free commerce
Term
appeal
Definition
review by a higher court
Term
appellant
Definition
party who files an appeal
Term
appellee
Definition
party who defends an appeal
Term
appraisal
Definition
valuation or estimate of property value, made by qualified expert
Term
arbitration
Definition
investigation and determination of dispute by neutral decision-maker; decision is binding on parties
Term
arraignment
Definition
in criminal law, hearing at which accused pleads guilty or not guilty
Term
assault
Definition
in tort, threat of imminent bodily harm accompanied by apparent ability to carry out the threat; in criminal law, often defined as the tort equivalent of battery
Term
asset
Definition
real or personal property owned by an individual, estate, business corporation, or other entity.
Term
assignment
Definition
transfer of any right, title, or interest to another
Term
attestation
Definition
act of witnessing the signing/execution of a document
Term
assumption of risk
Definition
doctrine under which a person cannot recover for injuries received from a dangerous activity to which she voluntarily exposed herself
Term
attachment
Definition
pre-judgment seizure of property based upon court order
Term
attest
Definition
certify or affirm to be true or genuine
Term
attorney-in-fact
Definition
one appointed by another to act in specific matters described in a power of attorney or in a letter of attorney
Term
aver
Definition
assert, claim, allege
Term
bailment
Definition
delivery of personal property to another to be held for a particular person and then returned
Term
beneficiary
Definition
one who benefits from the act of another
Term
bequest
Definition
gift of personal property by will
Term
breach
Definition
failure, without legal justification, to perform when performance is due
Term
brief
Definition
written argument of counsel concerning one or more legal issues in a case, sometimes called a memorandum of law
Term
capacity
Definition
having legal authority or mental ability; being of sound mind
Term
caption
Definition
the part of a pleading which states the name of the court, the name of the parties, the case number assigned, and the name of the pleading
Term
cause of action
Definition
fact(s) giving rise to a legal remedy
Term
chattel
Definition
personal property
Term
choate
Definition
perfected; complete
Term
chose in action
Definition
a personal right not yet reduced to judgment
Term
civil code
Definition
collection of laws or statutes relating to private rights or remedies
Term
civil law
Definition
laws which relate to private rights and remedies, distinguished from criminal law
Term
Code Civil
Definition
law of the State of Louisiana consisting of a collection of statues and based upon the Napoleonic Code, distinguished from common law
Term
code
Definition
collection of laws or statutes
Term
codicil
Definition
an addition or change to an original will
Term
common law
Definition
law based upon custom, usage, and judicial decision, distinguished from statutory law
Term
community property
Definition
property owned in common by husband and wife, each owning an undivided one-half interest as a result of their marital status
Term
commutation
Definition
substitution of a lesser punishment for a greater one
Term
condemnation
Definition
the process of taking private property for public use under a governmentÕs right of eminent domain
Term
consideration
Definition
the lawful price, motive, cause impelling influence, or inducement for a contract
Term
contract
Definition
agreement between competent parties, supported by consideration, to do or to refrain from doing some lawful act
Term
conversion
Definition
wrongful taking of personal property with intent to deprive its owner of it permanently
Term
copyright
Definition
a right to reap the financial benefits of literary property
Term
covenant
Definition
agreement or promise, often restricting the use of real estate
Term
creditor
Definition
one to whom a debt or obligation is owed
Term
criminal law
Definition
laws which control standards of conduct and which prescribe the punishments for disobedience
Term
debenture
Definition
bond given as evidence or corporate debt
Term
decree
Definition
the final order of an equity court
Term
defamation
Definition
that which holds one up to contempt or ridicule; that which injures oneÕs reputation
Term
deponent
Definition
one who gives a deposition
Term
deposition
Definition
sworn testimony given by question and answer in a non-courtroom setting, which is recorded and transcribed by a court reporter
Term
devise
Definition
gift of real property by will
Term
discharge
Definition
to release, liberate, annul, disencumber, dismiss
Term
duress
Definition
unlawful constraint exercised upon a person, forcing her to do an act which she would not have done otherwise
Term
enjoin
Definition
to prevent or forbid by injunction
Term
equity
Definition
justice administered by principles of fairness, distinguished from strict rules of law
Term
escheat
Definition
reversion of property to the state when there are no heirs to inherit the property at a personÕs death
Term
estop
Definition
to stop, bar, prevent
Term
estoppel
Definition
doctrine under which a personÕs acts or failure to act prevents her from seeding legal relief, although she would have been entitled to relief otherwise
Term
eviction
Definition
to recover real estate from a tenant by legal process; to force out or remove from real property
Term
evidentiary
Definition
constituting evidence or proof, having the quality of evidence
Term
exemptions
Definition
immunity from a general burden, tax, or charge; in bankruptcy or in judgment executions, that portion of the debtorÕs property that cannot be liquidated and applied to her debts
Term
felony
Definition
a crime for which the maximum possible punishment is death or imprisonment for one year or more in a penitentiary
Term
fraud
Definition
any artifice used by one person to deceive another
Term
general denial
Definition
a pleading in the form of an answer, which denies allegations made by the opposing party but which contains no affirmative defenses
Term
grantee
Definition
one to whom real estate is conveyed; the buyer of real estate
Term
grantor
Definition
one who conveys real estate; the seller of real estate
Term
guarantor
Definition
one who agrees to undertake the financial obligation of another
Term
guaranty
Definition
agreement to undertake the financial obligation of another
Term
guardian
Definition
one charged with responsibility to manage the personal matters of another who is incompetent because of age, understanding , or lack of self-control
Term
guardian ad litem
Definition
person appointed by a court to look after the interests of a child or incompetent during the pendency of a litigation
Term
inchoate
Definition
unfinished, incomplete
Term
indemnify
Definition
to secure against loss or damage
Term
indictment
Definition
written accusation issued by a grand jury against a defendant in criminal law
Term
indorsement
Definition
act of payee, drawee, accomodation indorser, or holder of a bill, note, check, or other negotiable instrument, in writing his or her name upon the back of the instrument to assign or transfer the negotiable instrument to another
Term
infant
Definition
one who has not reached the age of majority; a minor
Term
information
Definition
written accusation issued by a prosecutor against a defendant in criminal law
Term
injunction
Definition
an order issued by a court of equity, requiring a person to do or not to do a specific act.
Term
insolvent
Definition
condition of a person or entity that exists when total liabilities exceed total assets
Term
interlocutory
Definition
provisional, interim, not final
Term
interrogatories
Definition
series of formal, written questions addressed to a party for discovery purposes
Term
intestate
Definition
without a will, one who dies without a will
Term
judgment
Definition
final order of a court of law, based upon a jury verdict or upon findings of fact by the court
Term
jurat
Definition
clause of a notary public or authorized officer attesting that a statement or document was sworn to by a a specific person on a specific date
Term
jurisdiction
Definition
power conferred on a court to hear a particular case and to render a final decision on the merits
Term
jurisprudence
Definition
science of law; system of law
Term
laches
Definition
a doctrine by which equitable relief is denied to one who has waited too long to seek relief
Term
lessee
Definition
one who possesses or uses the property of another; tenant
Term
lessor
Definition
a title holder of property who contracts for its possession or use by another; landlord
Term
liable
Definition
legally responsible
Term
libel
Definition
written defamation
Term
lien
Definition
a charge, security, or encumbrance on property
Term
liquidated
Definition
property or claim that has been converted to its cash equivalent
Term
litigation
Definition
contest in a court of law for the purpose of enforcing a right or seeking a remedy
Term
magistrate
Definition
court officer with limited judicial authority; a public officer
Term
malfeasance
Definition
evil doing; performance of an act with bad intent
Term
malpractice
Definition
professional negligence or misconduct
Term
mediation
Definition
arrange
Term
memorandum of law
Definition
brief of law submitted to a court by the attorney for a party
Term
memorandum opinion
Definition
very short opinion of a court
Term
merger
Definition
absorption of one thing or right into another
Term
metes and bounds
Definition
a method of describing real estate, using boundary lines with terminal points and angles
Term
minor
Definition
person who is not an adult; child
Term
misdemeanor
Definition
a criminal offense for which the maximum possile punishment is a fine or incarceration for a period less than one year
Term
misfeasance
Definition
improper performance of an otherwise lawful act
Term
mitigation
Definition
duty of parties to minimize damages after an injury is sustained or a breach occurs
Term
mortgage
Definition
conditional conveyance of an interest in real estate, usually as security for a debt
Term
mortgagee
Definition
one who receives a mortgage, usually a lender
Term
mortgagor
Definition
an owner of real estate who gives a mortgage
Term
motion
Definition
application not a pleading or request made to a court to obtain an interim ruling or order
Term
motion in limine
Definition
application requesting a court to rule in advance that specific, unfairly prejudicial information will not be mentioned during trial
Term
negligence
Definition
failure to use the care which a reasonable and prudent person would use in similar circumstances
Term
notary public
Definition
public officer who administers oaths, attests and certifies documents, and takes acknowledgments
Term
novation
Definition
substitution of a new contract, debt, or obligation for an existing one between the same or different parties
Term
nuncupative
Definition
oral; not written
Term
oath
Definition
solemn pledge attesting to the truth of a statement
Term
offer
Definition
a promise; a commitment to do or to refrain from doing some specific act
Term
offeree
Definition
one to whom an offer is made
Term
offeror
Definition
one who makes an offer
Term
option
Definition
a right supported by consideration to purchase property at an agreed price within a specified time
Term
order
Definition
mandate, command, or direction authoritatively given; mandate of a court
Term
ordinance
Definition
legislative enactment by a local government such as a county or a city
Term
parol evidence
Definition
oral proof of contract terms which are not contained within the written contract document
Term
parole
Definition
release from imprisonment upon specific conditions related to conduct or good behavior
Term
patent
Definition
inventorÕs right to exclude others from making, using, or selling the invention for seventeen years
Term
paternity
Definition
relationship of a father to a child
Term
payee
Definition
one to whom payment is made
Term
payor
Definition
one who makes payment
Term
pecuniary
Definition
monetary; relating to money
Term
perjury
Definition
false testimony given under oath
Term
pleading
Definition
in federal court, complaint, answer to complaint, and reply to cross-claim
Term
power of attorney
Definition
an instrument authorizing one to act as agent or attorney-in-fact for another as to those matters listed in the instrument
Term
precedent
Definition
holding of a case which guides the decisions in future cases involving similar facts and similar legal issues
Term
privileged communications
Definition
statements made by persons within specific, protected relationships for evidentiary purposes
Term
probable cause
Definition
justification to believe that a crime was committed and that the accused is the person who committed it
Term
probation
Definition
a sentence which releases a convicted person into the community under the supervision of a probation officer
Term
promissory estoppel
Definition
a doctrine which prevents a party to a contract from denying that consideration was given for the contract
Term
promissory note
Definition
a written promise to pay a specific sum of money at a future time
Term
proximate cause
Definition
the last neligent act which leads to injury; legal cause
Term
proxy
Definition
an instrument authorizing one to cast the votes of another at a corporate meeting
Term
punitive damages
Definition
damages awarded over and above the amount of losses, which are awarded as punishment of the wrongdoer
Term
quash
Definition
suppress; stop; cease; abate
Term
quiet title action
Definition
action to determine clear title to real estate
Term
quitclaim deed
Definition
deed without warranty, which passes only that title which the grantor has
Term
recidivist
Definition
repeat offender
Term
release
Definition
discharge of one partyÕs obligation to another
Term
replevin
Definition
action to recover possession of personal property
Term
rescission
Definition
an equitable remedy which invalidates a contract on the basis of mutual mistake, fraud, impossibility and so forth
Term
restitution
Definition
restoration of a thing to its rightful owner; a measure of damages according to the defendantÕs gains rather than the plaintiffÕs losses
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