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Test Terms
Terms for the first test
86
Law
Undergraduate 3
11/07/2012

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Term
Easement
Definition
Right of a party to use land owned by another
Term
Estoppel
Definition
Term
Express Contract
Definition
Contract that explicitly states the agreement of the parties
Term
Agency
Definition
one party can act on behalf of another
Term
Testate
Definition
dies with a will
Term
Intestate
Definition
dies without a will
Term
Novate
Definition
When two parties agree to break a contract with a third party taking one party's place
Term
Testamentary capacity
Definition
The requirement that a testator be of sound mind and legal age
Term
Codicil
Definition
A document, separate from a will, in which a person can make changes to the will
Term
Novation
Definition
A situation in which all parties to a contract agree to a significant change to a contract
Term
Fungible
Definition
sold by weight or measure
Term
Promissory Estoppel
Definition
Cannot back out of a promise to another party if that party has fulfilled their end of a bargain
Term
Libel
Definition
written defamation
Term
Slander
Definition
spoken defamation
Term
Baliff
Definition
court executive officer
Term
Simple Contract
Definition
Contract made without seal
Term
Express Contract
Definition
Contract that explicitly states the agreement of the parties, orally or in writing
Term
Grantee
Definition
Person who receives title to a property
Term
2 reasons to terminate a contract
Definition
death and insanity
Term
6 elements of an enforceable contract
Definition
1) offer and acceptance
2) mutual agreement
3) consideration
4) competent parties
5) legality of purpose
6) proper form
Term
Agency Contract
Definition
Contract under which one party con contract for another
Term
Equity
Definition
Allowing courts to use their discretion
Term
Void Contract
Definition
A contract that is unenforceable from the beginning (lacks one of the requirements of a valid contract)
Term
Unilateral Contract
Definition
Where one party agrees NOT to do something
Term
Bilateral Contract
Definition
Where both parties agree to do something for each other
Term
Compensatory
Definition
damages in excess of those caused
Term
Voidable Contract
Definition
Contract that can be rejected by one of the parties for a legally acceptable reason
Term
Simple Contract
Definition
Informal contract made without seal
Term
Punative
Definition
Damages awarded with the intent to punish
Term
Prosecuting
Definition
Proceeding against by legal means
Term
Discovery
Definition
Right of a party in a legal proceeding to request the information held by the other property
Term
Deposition
Definition
testimony of a witness taken outside of court
Term
Duress
Definition
unlawful pressure
Term
Renounced
Definition
unilateral act of a holder who gives up rights
Term
Principle
Definition
Person who appoints another to a contract
Term
Estoppel
Definition
principle where someone is barred
Term
Contract
Definition
Binding agreement based on general agreement
Term
damages/compensation
Definition
sum of money required to make legal amends
Term
Alta Veras Contract
Definition
Corporation contract that exceeds corporate authority
Term
Surativeship
Definition
Liable for the dept of another
Term
Legacy
Definition
Money left to someone in a will
Term
Stale Check
Definition
Check older than six months, void
Term
Replevin
Definition
An action to recover possession of specific goods wrongfully taken or detained by another
Term
Testamentary Capacity
Definition
The requirement that a testator be of sound mind and legal age
Term
Living Will
Definition
Document where a a person tells a proxy to forgo certain circumstances
Term
Tort
Definition
Violation against a person
Term
Crime
Definition
Violation against a state
Term
Voidable
Definition
Transaction you can set aside
Term
Restricted Covenant
Definition
Covenant where a grantee won't do specified acts
Term
Simple Contract
Definition
non formal contract
Term
Tangible
Definition
something you can touch
Term
Clerk
Definition
person responsible for the records of a court
Term
Draft
Definition
a bill of exchange
Term
Bearer
Definition
Person in possession of a commercial paper
Term
Disaffirmance
Definition
To indicate an intent not to live up to a contract
Term
Fiduciary
Definition
Relationship based on trust or reliance
Term
Contract of Adhesion
Definition
Contract drawn by one party that has to be take it or leave it (no negotiation)
Term
Consideration
Definition
Promise to give up something of value that one has a legal right to, or to do something that the party is otherwise not required to do
Term
Testator
Definition
Person who makes a will
Term
Probate Court
Definition
court responsible for accepting and supervising the operation of a will
Term
Executor
Definition
Person responsible for overseeing the execution of a will
Term
Articles of Incorporation
Definition
document that lists the general powers of a corporation
Term
Bequest
Definition
a gift of personal property by a will
Term
Sole Proprietorship
Definition
Business owned and operated by one person
Term
Deposition
Definition
Criminal Proceedings
Term
Punitive
Definition
Damages beyond those necessary to compensate the injured party
Term
Bequest
Definition
A gift of personal property by will
Term
Assurativeship
Definition
agree to be responsible for another's debt
Term
Promissory note
Definition
unconditional written promise to pay
Term
Endorsement
Definition
signing the back of a check
Term
Marshal
Definition
Executive officer of a federal court
Term
Restrictive Covenant
Definition
Covenant in a deed where the grantee is kept from certain acts
Term
Felony
Definition
criminal act punishable by prison or death
Term
Probate
Definition
Court with jurisdiction over individual estates
Term
Damages
Definition
money recovered
Term
Fiduciary
Definition
contract based on trust or confidence
Term
Ordinance
Definition
A law passed by a local government
Term
Dividends
Definition
Profits given to shareholders
Term
Suretyship
Definition
Where a person binds himself to another, already bound, as for his debt, default, or miscarriage
Term
Injunction
Definition
A court order prohibiting a certain act
Term
Discovery
Definition
Pre-trial phase where each party can obtain evidence from the opposing party
Term
Maker
Definition
one who signs a promissory note
Term
Interrogatories
Definition
requests for further information from one party to another before a trial
Term
Court of Record
Definition
any jurisdiction which has the power to fine and imprison
Term
Severable Contract
Definition
A contract consisting of several parts so that breaching one part does not void the whole contract
Term
bylaws
Definition
put in place by the director of a corporation
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