Legal Terminology

reduction, termination

annulment of a former law by act of legislative body, by constitutional authority, or by usage; repeal

that which increases the size or value of property

release or discharge of an obligation or liability, in criminal law, a finding of not guilty

satisfaction of a legacy by gift prior to testator’s death

standardized contract form in which a party with little or no bargaining power is forced to accept it’s terms

judgement or decision of a court

body of rules and regulations having the force of law and promulgated by an administrative body created by Congress or a state legislature

acquiring title to real estate by hostile possession rather than by purchase

one who makes or swears to the truth of an affidavit

sworn statement in writing taken before a notary public or other authorized officer

allegation of a responsive pleading that, if proved, negates all the allegations of the complaint

person authorized by another to act for him, one entrusted with another’s business

meeting of the minds, preliminary to contact formation

assertion made but not proved

gradual extinction of a monetary obligation by periodic payments that usually includes interest

sovereign forgetfulness of past acts, usually available for a limited time

auxiliary, supplemental, subordinate

remark, note, or commentary intended to illustrate or explain

cancel, make void, destroy

federal and state laws to prevent restraint of trade, price-fixing, price discrimination, monopolies, or other conduct detrimental to free commerce

prejudgment seizure of property based upon court order

assert, allege, claim

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).

personal property

perfected, complete

• 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.

a collection of laws or statutes relating to private rights or remedies

laws that relate to private rights and remedies, distinguished from criminal law

law of the State of Louisiana consisting of a collection of statutes and based upon the Napoleonic Code, distinguished from common law

collection of laws or statutes

an addition or change to an original will

law based upon custom, usage, and judicial decision, distinguished from statutory law

substitution of a lesser punishment for a greater one

the process of taking private property for public use under a government’s right of eminent domain

the lawful price, motive, cause, impelling influence, or inducement for a contract

wrongful taking of personal property with intent to deprive its owner of it permanently

laws that control standards of conduct and that prescribe the punishment for disobedience

bond given as evidence of corporate debt

the final order of an equity court

that which holds one up to contempt or ridicule; that which injures one’s reputation

to prevent or forbid by injunction

justice administrated by principles of fairness, distinguished from strict rules of law

reversion of property to the state when there are no heirs to inherit the property at a person’s death

to stop, bar, prevent

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

to recover real estate ( from tenant) by legal process; to force out or remove from real property

a crime for which the maximum possible punishment is death or imprisionment for one year or more in a penitentiary

any artifice used by one person to deceive another

one to whom real estate is conveyed; the buyer of real estate

one who conveys real estate; the seller of real estate

one who agrees to undertake the (financial) obligation of another

agreement to undertake (financial) obligation of another

unfinished, incomplete

written accusation issued by a prosecutor against a defendant in criminal law

an order issued by a court of equity, requiring a person to do or not to do a specific act

condition of a person or entity that exists when total liabilities exceed total assets

provisional, interim, not final

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

power conferred on a court to hear a particular case and to render a final decision on the merits

a doctrine by which equitable relief is denied to one who has waited too long to seek relief

tenant

landlord

legally responsible

written defamation

evil doing; performance of an act with evil intent

a criminal offense for which the maximum possible punishment is a fine or incarceration for a period less than one year

improper performance of an otherwise lawful act

duty of parties to minimize damages after an injury is sustained or a breach occurs

application (not a pleading) or request made to a court to obtain an interim ruling or order

application requesting a court to rule in advance that specific, unfairly prejudicial information will not be mentioned during trial

failure to use the care that a reasonable and prudent person would use in similar circumstances

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.

oral; not written

legislative enactment (law enacted) by a local government such as a county or a city

oral proof of contract terms that are not contained within the written contract document

monetary; relating to money

holding of a case which guides the decisions in future cases involving similar facts and similar legal issues

a doctrine which prevents a party to a contract from denying that consideration was given for the contract

the last (negligent) act that leads to injury; legal cause

damages awarded over and above the amount of losses, which are awarded as punishment of the wrongdoer

suppress, stop, cease, abate

repeat offender

discharge of one party’s obligation to another

action to recover possession of personal property

an equitable remedy which invalidates a contract on the basis of mutual mistake, fraud, impossibility, and so forth

restoration of a thing to its rightful owner; a measure of damages according to the defendant’s gains rather than the plaintiff’s losses

spoken defamation

equitable remedy in contract law that requires the breaching party to perform according to the specific terms of the contract

legislative enactment (law enacted) by Congress or a state legislature

“In witness whereof...”

grossly unfair, unscrupulous, terms or conduct that shocks the conscience

the excess over the lawful interest rate

the purchaser or buyer of property

ends right to further relief

preserves rights or privileges that a party may have to file future complaint based upon the same claim or cause of action

order of a court after judgment commanding a court officer to seize property in satisfaction of the judgement

• weariness, lethargic, boredom,
• a feeling of listlessness and dissatisfaction arising from a lack of occupation or excitement.

trite, lacking originality so as to be obvious and boring

lies

fearful ,meek, mousy