Law Final Terms

The flashcards below were created by user Anonymous on FreezingBlue Flashcards.

  1. Civil law
    Law that defines and governs actions that constitute all rights, not crimes.
  2. Criminal law
    Law that defines and governs actions that constitute crimes.
  3. Cyber law
    Law that defines and governs actions that constitute electronic communications and transactions on the Internet.
  4. Defendant
    One against whom a lawsuit is brought; the accused person in a criminal proceeding.
  5. Jurisprudence
    The science or philosophy of law.
  6. Natural law
    The belief that government and the legal system should reflect universal moral and ethical principles that are inherent in human nature.
  7. Binding authority
    Any source of law that a court must follow when deciding a case. Binding authorities include constitutions, statutes, and regulations that govern the issue being decided, as well as court decisions that are controlling precedents within the jurisdiction.
  8. Persuasive authority
    Any legal authority or source of law that a court may look to for guidance but on which it need not rely in making its decision such as cases from other jurisdictions and secondary sources of law.
  9. plaintiff
    One who initiates a lawsuit; accuser
  10. Precedent
    Law in a previous case or legal decision that may be followed in similar cases
  11. Historical school
    A school of legal thought that emphasizes the evolutionary process of law
  12. Sociological school
    A school of legal thought that views the law as a tool for promoting justice in society.
  13. Procedural law
    Law that establishes the methods of enforcing the rights in substantive law.
  14. Substantive law
    Law that defines, describes, regulates, and creates legal rights and obligations.
  15. Stare decisis
    Judges are obligated to follow the precedents established in prior decisions.
  16. Answer
    A defendant's response to the plaintiff's complaint.
  17. Arbitration
    The settling of a dispute by submitting it to a disinterested third party (other than a court), who renders a decision that is (most often) legally binding.
  18. Brief
    A formal legal document prepared by a party's attorney for the appellant or the appellee (in answer to the appellant's brief) and submitted to an appellate court when a case is appealed. The appellant's brief outlines the facts and issues of the case, the judge's rulings or jury's findings that should be reversed or modified, the applicable law, and the arguments on the client's behalf.
  19. Complaint
    The pleading made by a plaintiff alleging wrongdoing on the part of the defendant
  20. Counterclaim
    A claim made by a defendant in a civil lawsuit against the plaintiff.
  21. Discovery
    A phase in the litigation process during which the opposing parties may obtain information from each other and from third parties prior to trial.
  22. Jurisdiction
    The authority of a court to hear and decide a specific case.
  23. Mediation
    A method of settling disputes outside the courts by using the services of a neutral third party, who acts as a communicating agent between the parties and assists them in negotiating a settlement.
  24. Pleadings
    Statements made by the plaintiff and the defendant in a lawsuit that detail the facts, charges, and defenses involved in the litigation.
  25. Summons
    A document informing a defendant that a legal action has been commenced against her or him and that the defendant must appear in court on a certain date to answer the plaintiff's complaint.
  26. Venue
    The geographic district in which a legal action is tried and from which the jury is selected.
  27. Voir dire
    The process in which the attorneys question prospective jurors
  28. Appropriation
    In tort law, the use by one person of another person's name, likeness, or other identifying characteristic without permission and for the benefit of the user.
  29. Assault
    Any word or action intended to make another person fearful of immediate physical harm; a reasonably believable threat.
  30. Battery
    The unexcused, harmful or offensive, intentional touching of another.
  31. Comparative negligence
    A rule in tort law that reduces the plaintiff's recovery in proportion to the plaintiff's degree of fault, rather than barring recovery completely; used in the majority of states.
  32. Contributory negligence
    A rule in tort law that completely bars the plaintiff from recovering any damages if the damage suffered is partly the plaintiff's own fault; used in a minority of states.
  33. Conversion
    Wrongfully taking or retaining possession of an individual's personal property and placing it in the service of another.
  34. Defamation
    Anything published or publicly spoken that causes injury to another's good name, reputation, or character.
  35. Disparagement
    A general term for torts that are more specifically referred to as slander of quality or slander of title.
  36. Dram shop act
    A state statute that imposes liability on the owners of bars and taverns, as well as those who serve alcoholic drinks to the public, for injuries resulting from accidents caused by intoxicated persons when the sellers or servers of alcoholic drinks contributed to the intoxication.
  37. Intentional tort
    A wrongful act knowingly committed.
  38. Libel
    Defamation in writing or other form having the quality of permanence (such as a digital recording).
  39. Negligence
    The failure to exercise the standard of care that a reasonable person would exercise in similar circumstances.
  40. Proximate cause
    Legal cause; exists when the connection between an act and an injury is strong enough to justify imposing liability.
  41. Res Ipsa Loquitur
    A doctrine under which negligence may be inferred simply because an event occurred, if it is the type of event that would not occur in the absence of negligence. Literally, the term means, "The facts speak for themselves."
  42. Slander
    Defamation in oral form.
  43. Strict liability
    Liability regardless of fault.
  44. Tort
    A civil wrong not arising from a breach of contract; a breach of a legal duty that proximately causes harm or injury to another.
  45. Trespass
    • Trespass to land —The invasion of another's real property without consent or privilege.
    • Trespass to personal property —Unlawfully damaging or interfering with the owner's right to use, possess, or enjoy her or his personal property.
  46. Respondeat superior
    Latin for "let the master respond." A doctrine under which a principal or an employer is held liable for the wrongful acts committed by agents or employees while acting within the course and scope of their agency or employment.
  47. Copyright
    The exclusive right of an author or originator of a literary or artistic production to publish, print, or sell that production for a statutory period of time.
  48. Cyber squatting
    The act of registering a domain name that is the same as, or confusingly similar to, the trademark of another and then offering to sell that domain name back to the trademark owner.
  49. Domain name
    The last part of an Internet address, such as "westlaw. com."
  50. Intellectual property
    Property resulting from intellectual, creative processes.
  51. License
    A revocable right or privilege of a person to come onto another person's land. In the context of intellectual property law, an agreement permitting the use of a trademark, copyright, patent, or trade secret for certain limited purposes.
  52. Patent
    A government grant that gives an inventor the exclusive right or privilege to make, use, or sell his or her invention for a limited time period.
  53. Service mark
    A mark used in the sale or advertising of services to distinguish the services of one person from those of others.
  54. Trade dress
    The image and overall appearance of a product
  55. Trade name
    A term that is used to indicate part or all of a business's name and that is directly related to the business's reputation and goodwill.
  56. Trade secret
    Information or process that gives a business an advantage over competitors
  57. Trademark
    A distinctive mark, motto, device, or emblem that a manufacturer stamps, prints, or otherwise affixes to the goods it produces so that they may be identified on the market and their origins made known.
  58. Arson
    The intentional burning of another's building.
  59. Beyond a reasonable doubt (BAR)
    The standard of proof used in criminal cases.
  60. Burglary
    The unlawful entry or breaking into a building with the intent to commit a felony.
  61. Crime
    A wrong against society proclaimed in a statute and, if committed, punishable by society through fines and/or imprisonment—and, in some cases, death.
  62. Double jeopardy
    A situation occurring when a person is tried twice for the same criminal offense; prohibited by the Fifth Amendment to the U.S. Constitution.
  63. Duress
    Unlawful pressure brought to bear on a person, causing the person to perform an act that she or he would not otherwise perform.
  64. Embezzlement
    The fraudulent appropriation of funds or other property by a person to whom the funds or property has been entrusted.
  65. Entrapment
    In criminal law, a defense in which the defendant claims that he or she was induced by a public official to commit a crime that he or she would otherwise not have committed.
  66. Exclusionary rule
    In criminal procedure, a rule under which any evidence that is obtained in violation of the accused's constitutional rights guaranteed by the Fourth, Fifth, and Sixth Amendments
  67. Felony
    A crime that carries the most severe sanctions, ranging from one year in a state or federal prison to the death penalty.
  68. Forgery
    The fraudulent making or altering of any writing in a way that changes the legal rights and liabilities of another.
  69. Insider trading
    The purchase or sale of securities on the basis of information that has not been made available to the public.
  70. Larceny
    The wrongful taking and carrying away of another person's personal property with the intent to permanently deprive the owner of the property.
  71. Mens rea
    Mental state, or intent.
  72. Misdemeanor
    A lesser crime than a felony, punishable by a fine or incarceration in jail for up to one year.
  73. Money laundering
    Engaging in financial transactions to conceal the identity, source, or destination of illegally gained funds.
  74. Robbery
    The act of forcefully and unlawfully taking personal property of any value from another. Force or intimidation is usually necessary for an act of theft to be considered a robbery.
  75. Ethics
    Moral principles and values applied to social behavior.
  76. Categorical imperative
    A concept developed by the philosopher Immanuel Kant as an ethical guideline for behavior. In deciding whether an action is right or wrong, or desirable or undesirable, a person should evaluate the action in terms of what would happen if everybody else in the same situation, or category, acted the same way.
  77. Corporate social responsibility
    The idea that corporations can and should act ethically and be accountable to society for their actions.
  78. Cost-benefit analysis
    A decision-making technique that involves weighing the costs of a given action against the benefits of that action.
  79. Principle of rights
    The principle that human beings have certain fundamental rights (to life, liberty, and the pursuit of happiness, for example).
  80. Utilitarianism
    An approach to ethical reasoning that evaluates behavior in light of the consequences of that behavior for those who will be affected by it
  81. Express warranty
    A seller's or lesson’s oral or written promise or affirmation of fact ancillary (secondary) to an underlying sales or lease agreement, as to the quality, condition, description, or performance of the goods being sold or leased.
  82. Implied warranty
    A warranty that arises by law because of the circumstances of a sale rather than by the seller's express promise.
  83. Implied warranty of fitness for a particular purpose
    A warranty that goods sold or leased are fit for a particular purpose.
  84. Implied warranty of merchantability
    A warranty that goods being sold or leased are reasonably fit for the general purpose for which they are sold or leased, are properly packaged and labeled, and are of proper quality.
  85. Product liability
    The legal liability of manufacturers, sellers, and lessors of goods to consumers, users, and bystanders for injuries or damage that are caused by the goods.
  86. Bilateral contract 
    A promise for a promise. A type of contract that arises when a promise is given in exchange for a return promise.
  87. Unilateral contract
    Promise for an act. A contract that results when an offer can be accepted only by the offeree’s performance.
  88. Voidable contract
    A contract that can be legally canceled or “avoided” by one or both of the parties
  89. Quasi contract
    Contract implied by law. Quasi means “as if.”
  90. Offer
    a promise or commitment to perform or refrain from performing some specified act in the future.
  91. Irrevocable offers
    courts refuse to allow an offeror to revoke an offer when the offeree has changed position because of a justifiable reliance on the offer.
  92. Counteroffer
    is a rejection of the original offer and the simultaneous making of a new offer.
  93. Acceptance
    a voluntary act by the offeree that shows agreement to the terms of an offer.
  94. Click-on agreement
    A binding contract can be created by clicking “I accept” or “I agree” to accept an online offer.
  95. UETA
    Establishes that records, signatures, and contracts may not be denied enforceability solely due to their electronic form.
  96. Consideration
    The value given in return for a promise.
  97. Forbearance
    Avoid doing an action that one has the legal right to undertake or do.
  98. Pre-existing duty
    A promise to do what one already has a legal duty to do but does not have legally sufficient consideration.
  99. Past consideration
    Promises made in return for actions or events that have already taken place are unenforceable.
  100. Illusory promise
    If the terms of the contract such uncertainty of performance that the promisor has not definitely promised to do anything, the promise is said to be illusionary, without consideration and unenforceable.
  101. Accord and satisfaction
    A debtor offers to pay, and a creditor accepts, a lesser amount than the creditor originally claimed was owed.
  102. Release
    A contract in which one party forfeits the right to pursue a legal claim against the party.
  103. Capacity
  104. Emancipation
    When a child’s legal parent or guardian relinquishes the legal right to exercise control over a child.
  105. Disaffirmance
    The legal avoidance, or setting aside, of a contractual obligation.
  106. Necessaries
    Necessities required for life. Whatever is necessary to maintain a persons standard of living.
  107. Ratification
    The act of accepting and giving legal force to an obligation that previously was not enforceable.
  108. Usury
    Charging an illegal rate of interest.
  109. Reformation
    A court ordered correction of a written contract so that it reflects the true intentions of the parties.
  110. Procedural unconscionability
    The lack of an opportunity to read the contract or ask questions about the meaning.
  111. Substantive unconscionability
    When a contract is overly harsh or oppressive.
  112. Adhesion contract
    A standard form contract written by the dominant party, and presented to the adhering party on a take it or leave it basis.
  113. Exculpatory clause
    Releases a party from liability in the event of monetary or physical injury, no matter who is at fault.
  114. Blue sky laws
    State laws that regulate the offering and sale of securities for the protection of the public.
  115. Divisible contract
    Consists of distinct parts that can be performed separately, with separate consideration for each part.
  116. Non-divisible contract
    The parties intended that complete performance by each party would be essential, even if the contract contains a number of seemingly separate provisions.
  117. Unilateral mistake
    Occurs when only one party is mistaken as to a material fact.
  118. Bilateral mistake
    Occurs when both parties are mistaken as to a material fact.
  119. Scienter
    Guilty knowledge with the intent to deceive.
  120. Undue influence
    Arises from relationships in which one party can greatly influence another party's free will.
  121. Duress
    Forcing a party to enter a contract because of the fear created by threats
  122. Statute of Frauds
    A state statute that states certain types of contracts must be in writing in order to be enforceable.
  123. SWAMP:
  124. Merchant Memo Rule:
  125. Specially Manufactured Goods:
  126. Collateral promise
    Subsidiary (less important than but related to) a principal transaction or primary contractual relationship.
  127. Main Purpose Rule
    An oral promise to answer for the debt of another is covered by statute of fraud unless the guarantor' purpose is to secure a personal benefit.
  128. Parol Evidence Rule
    A party cannot introduce in court evidence of the parties' prior negotiations, prior agreements or mutual oral agreements if it contradicts or varies the terms of the parties' written contract.
  129. Integrated contract
    The determination of whether evidence will be allowed depends on whether the written contract is intended to be a complete and final statement of the terms of the agreement
  130. Privity of contract
    The relationship that exists between the promisor and the promisee of a contract
  131. Assignment
    The transfer of contract rights to a third person
  132. Assignor
    The party assigning the rights to a third-party
  133. Assignee
    The party receiving the rights
  134. Obligor
    One who owes an obligation to another
  135. Obligee
    One to whom Obligation is owed.
  136. Delegation
    The act of transferring to another all or part of one's duties arising under a contract
  137. Delegator
    The party making the delegation
  138. Delegatee
    The party to whom the duty has been delegated
  139. Third party creditor beneficiary:
  140. Third party donee beneficiary:
  141. Incidental beneficiary
    Third party who incidentally benefits from a contract but whose benefit was not the reason the contract was formed
  142. Discharge
    To terminate one's contractual duties by the performance of those duties.
  143. Performance
    The fulfillment of one's duties arising under a contract with another
  144. Condition
    A possible future event, the occurrence or non-occurrence of which will trigger the performance of a legal obligation to terminate an existing obligation under a contract
  145. Condition precedent
    A condition that must be fulfilled before a parties promise becomes absolute
  146. Condition concurrent
    When each parties absolute duty to perform is conditioned on the other parties absolute duty to perform
  147. Condition subsequent
    When a condition operates to terminate any parties absolute promise to perform
  148. Tender
    An unconditional offer to perform by a person who is ready, willing, and able to do so
  149. Substantial performance
    A party who in good faith performs substantially all of the terms of a contract can enforce the contract against the other party
  150. Material breach
    When performance is not at least substantial
  151. Minor breach
    not material; The nonbreaching party's duty to perform may sometimes be suspended until the breach is remedied but the duty is not entirely excused.
  152. Anticipatory repudiation
    An assertion or action by party indicating that they will not perform an obligation that the party is contractually obligated to perform at a future time
  153. Rescission
    The process in which the parties canceled the contract and returned to the positions they occupied prior to the contracts formulation
  154. Novation
    The substitution by agreement of a new contract for an old one with the rights under the old one being terminated
  155. Statute of limitation
    Limit the period during which a party can sue on a particular cause of action
  156. Objective impossibility
    "It can't be done"
  157. Subjective impossibility
    "I'm sorry I simply can't do it"
  158. Commercial impracticability
    Courts may excuse parties from their performance obligation when the performance becomes much more difficult or expensive than the parties originally contemplated at a time the contract was formed
  159. Frustration of purpose
    Contract will be discharged if supervening circumstances make it impossible to attain the purpose both parties had in mind when making the contract
  160. Compensatory damages
    A party proves an injury arising directly from the loss of the bargain.
  161. Incidental damages
    Expenses that are directly incurred because of breach of contract.
  162. Consequential damages
    Foreseeable damages that result from a party's breach.
  163. Nominal damages
    There is no financial loss
  164. Mitigation of damages
    A rule requiring a plaintiff to do whatever is reasonable to minimize the damages caused by the defendant.
  165. Liquidated damages clause
    Provision in a contract that a certain dollar amount is to be paid in the event of a future breach of contract.
  166. Restitution
    Returning goods, property of funds previously conveyed or communicated.
  167. Specific performance
    Provides the exact bargain promised in a contract to the nonbreaching party.
  168. Injunction:
  169. UCC
    Attempts to provide a consistent and integrated framework of rules to deal with all phases ordinarily arising in a commercial sales or lease transaction from start to finish
  170. Sales contract
    Contract for the sale of goods
  171. Sale
    The passing of title from the seller to the buyer for a price
  172. Tangible property
    Has physical existence
  173. Intangible property
    Has only conceptual existence
  174. Lease
    A transfer of the right to possess and use goods for a period of time in exchange for payment
  175. Predominant factor test
    A test courts used to determine whether a contract is primarily for the sale of goods or for the sale of services
  176. Merchant
    A person acting in a Merchantile capacity, possesses or uses an expertise specifically related to the goods being sold
  177. Lease agreement
    An agreement in which one person agrees to transfer the right to the possession and use of property to another person in exchange for rental payments
  178. Lessor
    One who transfers the right to possession under a lease
  179. lessee
    One who acquires the right to the temporary possession under a lease
  180. Requirements contract
    The buyer agrees to purchase and the seller agrees to sell all or up to a stated amount of what the buyer needs or requires
  181. Output contract
    The seller agrees to sell and the buyer agrees to buy all or up to a stated amount of what the seller produces
  182. Firm offer
    When a merchant – offeror gives assurances in a signed writing that the offer will remain open
  183. Course of dealing
    A sequence of previous actions and communications between the parties to a particular transaction that establishes a common basis for their understanding
  184. Usage of trade
    Any practice or method of dealing having such regularity of observance in a place, vocation, or trade as to justify an expectation that it will be observed with respect to the transaction in question
  185. Course of performance
    The conduct that occurs under the terms of a particular agreement
  186. Identification
    The express designation of the goods provided for in the contract
  187. Fungible goods
    Goods that are alike by physical nature, by agreement, or by trade usage that are usually stored in large containers
  188. Shipment contract
    The seller is required or authorized to ship goods by carrier
  189. Destination contract
    The seller is required to deliver the goods to a particular destination, usually directly to the buyer, but sometimes to another party designated by the buyer
  190. Document of title
    A paper exchanged in the regular course of business that evidences the right to possession of goods
  191. Insolvent
    When a person ceases to pay for their debts in the ordinary course of business, cannot pay their debts as they become due
  192. Bailee
    A party who, by a bill of landing, warehouse receipt, or other document of title, acknowledges possession of goods and/or contract to deliver them
  193. Cure
    The right of a party who tenders nonconforming performance to correct that performance within the contract.
  194. CISG
    Governs international contracts only if the countries of the parties to the contract have ratified the CISG and if the parties have not agreed that some other law will govern their contract
  195. Good Faith purchaser 
    One who buys without knowledge of circumstances that would make a person of ordinary prudence inquire about the validity of the seller's title to the goods
Card Set
Law Final Terms
Law terms for final exam
Show Answers