Legal Terminology

  1. abatement
    reduction, termination
  2. abrogation
    annulment of a former law by act of legislative body, by constitutional authority, or by usage; repeal
  3. accession
    that which increases the size or value of property
  4. acquittal
    release or discharge of an obligation or liability, in criminal law, a finding of not guilty
  5. ademption
    satisfaction of a legacy by gift prior to testator’s death
  6. adhesion contract
    standardized contract form in which a party with little or no bargaining power is forced to accept it’s terms
  7. adjudication
    judgement or decision of a court
  8. administrative law
    body of rules and regulations having the force of law and promulgated by an administrative body created by Congress or a state legislature
  9. adverse possession
    acquiring title to real estate by hostile possession rather than by purchase
  10. affiant
    one who makes or swears to the truth of an affidavit
  11. affidavit
    sworn statement in writing taken before a notary public or other authorized officer
  12. affirmative defense
    allegation of a responsive pleading that, if proved, negates all the allegations of the complaint
  13. agent
    person authorized by another to act for him, one entrusted with another’s business
  14. agreement
    meeting of the minds, preliminary to contact formation
  15. allegation
    assertion made but not proved
  16. amortization
    gradual extinction of a monetary obligation by periodic payments that usually includes interest
  17. amnesty
    sovereign forgetfulness of past acts, usually available for a limited time
  18. ancillary
    auxiliary, supplemental, subordinate
  19. annotation
    remark, note, or commentary intended to illustrate or explain
  20. annul
    cancel, make void, destroy
  21. antitrust laws
    federal and state laws to prevent restraint of trade, price-fixing, price discrimination, monopolies, or other conduct detrimental to free commerce
  22. attachment
    prejudgment seizure of property based upon court order
  23. aver
    assert, allege, claim
  24. bailment
    delivery of personal property to another to be held for a particular person and then returned. Examples: bonds left with the bank, autos parked in a garage, animals lodged with a kennel, or a storage facility (as long as the goods can be moved and are under the control of the custodian).
  25. chattel
    personal property
  26. choate
    perfected, complete
  27. chose in action
    • a personal right not yet reduced to judgement
    • Examples of a chose in action are the right of an heir to interest in the estate of his or her decedent; the right to sue for damages for an injury; and the right of an employee to unpaid wages.
  28. civil code
    a collection of laws or statutes relating to private rights or remedies
  29. civil law
    laws that relate to private rights and remedies, distinguished from criminal law
  30. Civil Code
    law of the State of Louisiana consisting of a collection of statutes and based upon the Napoleonic Code, distinguished from common law
  31. code
    collection of laws or statutes
  32. codicil
    an addition or change to an original will
  33. common law
    law based upon custom, usage, and judicial decision, distinguished from statutory law
  34. commutation
    substitution of a lesser punishment for a greater one
  35. condemnation
    the process of taking private property for public use under a government’s right of eminent domain
  36. consideration
    the lawful price, motive, cause, impelling influence, or inducement for a contract
  37. conversion
    wrongful taking of personal property with intent to deprive its owner of it permanently
  38. criminal law
    laws that control standards of conduct and that prescribe the punishment for disobedience
  39. debenture
    bond given as evidence of corporate debt
  40. decree
    the final order of an equity court
  41. defamation
    that which holds one up to contempt or ridicule; that which injures one’s reputation
  42. enjoin
    to prevent or forbid by injunction
  43. equity
    justice administrated by principles of fairness, distinguished from strict rules of law
  44. escheat
    reversion of property to the state when there are no heirs to inherit the property at a person’s death
  45. estop
    to stop, bar, prevent
  46. estoppel
    doctrine under which a person‘s acts or failure to act prevents her from seeking legal relief, although she would have been entitled to relief otherwise
  47. eviction
    to recover real estate ( from tenant) by legal process; to force out or remove from real property
  48. felony
    a crime for which the maximum possible punishment is death or imprisionment for one year or more in a penitentiary
  49. fraud
    any artifice used by one person to deceive another
  50. grantee
    one to whom real estate is conveyed; the buyer of real estate
  51. grantor
    one who conveys real estate; the seller of real estate
  52. guarantor
    one who agrees to undertake the (financial) obligation of another
  53. guaranty
    agreement to undertake (financial) obligation of another
  54. inchoate
    unfinished, incomplete
  55. information
    written accusation issued by a prosecutor against a defendant in criminal law
  56. injunction
    an order issued by a court of equity, requiring a person to do or not to do a specific act
  57. insolvent
    condition of a person or entity that exists when total liabilities exceed total assets
  58. interlocutory
    provisional, interim, not final
  59. jurat
    clause of a notary public or authorized officer attesting that a statement or document was sworn to by a specific person on a specific date
  60. jurisprudence
    power conferred on a court to hear a particular case and to render a final decision on the merits
  61. laches
    a doctrine by which equitable relief is denied to one who has waited too long to seek relief
  62. lessee
  63. lessor
  64. liable
    legally responsible
  65. libel
    written defamation
  66. malfeasance
    evil doing; performance of an act with evil intent
  67. misdemeanor
    a criminal offense for which the maximum possible punishment is a fine or incarceration for a period less than one year
  68. misfeasance
    improper performance of an otherwise lawful act
  69. mitigation
    duty of parties to minimize damages after an injury is sustained or a breach occurs
  70. motion
    application (not a pleading) or request made to a court to obtain an interim ruling or order
  71. motion in limine
    application requesting a court to rule in advance that specific, unfairly prejudicial information will not be mentioned during trial
  72. negligence
    failure to use the care that a reasonable and prudent person would use in similar circumstances
  73. novation
    substitution of a new contract, debt, or obligation for an existing one between the same or different parties; For example, if there exists a contract whereby Dan will give a TV to Alex, and another contract whereby Alex will give a TV to Becky, then, it is possible to novate both contracts and replace them with a single contract wherein Dan agrees to give a TV to Becky.
  74. nuncupative
    oral; not written
  75. ordinance
    legislative enactment (law enacted) by a local government such as a county or a city
  76. patrol evidence
    oral proof of contract terms that are not contained within the written contract document
  77. pecuniary
    monetary; relating to money
  78. precedent
    holding of a case which guides the decisions in future cases involving similar facts and similar legal issues
  79. promissory estoppel
    a doctrine which prevents a party to a contract from denying that consideration was given for the contract
  80. proximate cause
    the last (negligent) act that leads to injury; legal cause
  81. punitive damages
    damages awarded over and above the amount of losses, which are awarded as punishment of the wrongdoer
  82. quash
    suppress, stop, cease, abate
  83. recidivist
    repeat offender
  84. release
    discharge of one party’s obligation to another
  85. replevin
    action to recover possession of personal property
  86. recession
    an equitable remedy which invalidates a contract on the basis of mutual mistake, fraud, impossibility, and so forth
  87. restitution
    restoration of a thing to its rightful owner; a measure of damages according to the defendant’s gains rather than the plaintiff’s losses
  88. slander
    spoken defamation
  89. specific performance
    equitable remedy in contract law that requires the breaching party to perform according to the specific terms of the contract
  90. statute
    legislative enactment (law enacted) by Congress or a state legislature
  91. testimonium clause
    “In witness whereof...”
  92. unconscionable
    grossly unfair, unscrupulous, terms or conduct that shocks the conscience
  93. usury
    the excess over the lawful interest rate
  94. vendee
    the purchaser or buyer of property
  95. with prejudice
    ends right to further relief
  96. without prejudice
    preserves rights or privileges that a party may have to file future complaint based upon the same claim or cause of action
  97. writ of execution
    order of a court after judgment commanding a court officer to seize property in satisfaction of the judgement
  98. ennui
    • weariness, lethargic, boredom,
    • a feeling of listlessness and dissatisfaction arising from a lack of occupation or excitement.
  99. banal
    trite, lacking originality so as to be obvious and boring
  100. mendacity
  101. timorous
    fearful ,meek, mousy
Card Set
Legal Terminology
CP Exam words