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Legal Terms CP Prep
negligence-->restitution
36
Law
Undergraduate 2
09/17/2012

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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
ordinance
Definition
legislative enactment (law enacted) 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
inventor's 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 (no other pleadings are allowed)
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 (husband-wife, attorney-client, priest-parishioner, and so forth)
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
proximate cause
Definition
the last (negligent) 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 party's 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 defendant's gains rather than the plaintiff's losses
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