Legal Research & Writing - Vocabulary

Legal Studies 3013 with Javier Oliva at University of Texas - San Antonio

About this deck

By: Brendon Culleton
Created: 2011-02-22
Size: 82 flashcards
Views: 40

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American Bar Association

modern laws for the states, certify educational standards for law schools, headquartered out of Chicago, organize conventions, annual, and semi-annual conventions

Acceleration Clause

a clause in a contract when you fail to pay an installment payment on a contract, the creditor has the right to accelerate the whole amount due.

Act of God

something out of someone’s control, in insurance law, can’t blame anything but the elements

Accord and Satisfaction

a resolution to a contract, extra 10 days for extra time, there is a substitute for performance

Actus Reus

“the guilty act” you need Mens Rea “guilty mind” with the Actus Reus, to commit the body of the crime. With no act, there is no crime, just thinking doesn’t work.

Ad Litem

an attorney or something who speaks on behalf of someone. A Missing person or a minor.

Administrative Law

one of the three major areas of law, Statutory Law and common law. Admin law is the law created by the executive

Ad Valorem

the tax assessed on your priority “based on value.”

Adverse possession

a person who squats on property against the privilege of the owner, obtains it by being there for an extended period of time, without the owner doing it.

Affirmative Action

a distribution of opportunity, it’s a discrimination policy, for equal opportunity.

Affirmative Defense

defense required to raise against the claim, if I claim you murder someone I have an affirmative defense to say “self-defense.” You have to raise it to discharge the claim.

A.L.R. –

a set of books on commentaries on law, little articles on Law, used for scholarly research and review. American Law Reports.

Ambulance Chasing

a term used for lawyers in the public, used for lawyers who unethically seek out seriously injured people, lawyers attempt to place themselves in a position to obtain damages on behalf of the victims.

(Airplane accidents, trains, auto)

American Digest System

a system of publication that produces all of the annotations which are the summary of cases of particular legal matters that are organized by a topic and key number system. Published by region and assembled all together in this system.

Amicus Curiae

a friendly brief, a brief or written legal argument to the court on how the court will make a decision. Non-profit organizations

Amortization Table

a breakdown of the principle and interest paid in installments in the period of the agreement. For example, 60 month installment payment, simple interest amortization to determine how every payment reduces every payment principal. Make sure the lender gets all “their” money first.

Arbitration Clause

it’s a voluntary effort by both parties, an informal agreement, a 3^rd party resolution dispute format. An arbiter is agreed upon by both parties. An arbiter is like a judge, and it is legally binding.

Articles of Incorporation

documents used to create a business, an entity operates in that state in that name, the entity is who you have a claim with if someone makes a state. Important, provides legal protection against liability against your own assets.

Arrest Warrant

It’s a court order to arrest, a sufficient cause to arrest someone, found by court.

Attorney at Law

individual who has met all the requirements to practice law in the state you are licensed in. A J.D., you are not necessarily an Attorney at Law, in order to be, you must have a license.

Attorney-Client Privilege

a person, a prospective client or current client engages you for legal advice, and shares with you information with you that they expect under a professional engagement, they expect to be confidential and not shared with anyone.

Attorney Disbarment

when a lawyer violates the code of conduct, and injures the profession or health of the client to such a degree, that is believed that the individual should not practice law. Disbarment means they have been removed by the Bar Association of that state.

Attorney General

highest ranking officer of law in the state, or federal government. Fed. Govt. called U.S. Attorney General. For the state, they help collect child support, child custody, visitation. Civilly, Help prosecute matters of the state

Attorney Lien

a right that an attorney has to recover his expenses, fees and services rendered, when someone else takes over a case.

Automobile Insurance

in Texas you are required to have this, for liability purposes. Also required by loan companies to have comprehensive insurance. Liability, Comprehensive, Collision, Insured, PiP or Med Pay, money you are entitled to for lost wages.

Underinsured motorist coverage

Bail

the amount provided by the judge to secure your release from jail, and to guarantee your appearance in court. “How much will it cost to BAIL you out?”

Bond

represents the amount of the bail, to guarantee your appearance in court. “You can go to a Bail Bondsman, a financial instrument that guarantees the full amount if you don’t show up, it cost 5 – 10% of the bond. Bail set at 100k. You are charged a one time fee of 5,000 non-refundable.

Bait and Switch

a fake advertisement, it baits you in and hopes you will do business, and then they switch it out. You go in for $9.99 and they say $10.25

Balancing Test

it’s a test of how you weight two competing interests. Regulates crime, and promotes safety,

Bankruptcy

the method of declaring that you are insolvent (means you have more debts than you have cash). The cash flow cannot keep up with their expenses. A state of being that you can’t meet all your financial obligations, some written off, some paid off. Options: Liquidation or Consolidation (must qualify)

Bar Examination

the test that certifies your ability to practice law.

Bar

the association of lawyers of a particular jurisdiction that you are a member of that allows you to practice. It is a line (little doors) that divides the area that separates the public work area, and the court room work area.

Bench Trial

a trial before a judge, the bench is the seat of the judge, it’s a NON-Jury trial.

Best Evidence Rule

if you propose to submit something, it’s best to have the most authentic form.

Bill of Attainder

your right not to have trials without your presence, violating your constitutional rights.

Bill of Rights

the individual rights of the people, come from the constitution. Generally known to be the first 10 amendments of the constitution.

Black Book

the book that has all the numbers of important people to contact in the event of national attack or emergency

Black Market

people who sell product outside of the legal means of doing so. “Pirated means.”

Bonafide

a good faith, a person that believes they are doing right things legally.

Burden of Proof

the burden of requiring the standard necessary to find fault. If the burden of proof is beyond a reasonable doubt, or preponderance of evidence.

Canon Law

laws of the church, influenced Common Law.

Capias

an order for an arrest, a document commanding your appearance in court.

Capital Felony

a felony, a serious crime that requires more jail time than 12 months, if proven, you could face death.

Case Book

a summary of the opinions, what you read in law school to break down opinions

Caveat Emptor

buyer beware, if you buy a refrigerator (ensure it works).

Certiorari

the writ you file to appear before the court, it’s the writ to request the case on appeal

Chain of Custody

The moment something is picked up

Civil Action

a lawsuit filed for damages

Civil law

the legal right you have to pursue

Civil Commitment

a person who is a danger to themselves, and need to be sent to an institution, usually against their will.

Civil Disobedience

way to show a displeasure to a particular law, it draws attention

Class Action

similarly situated and file a lawsuit against the same claim

Clean Hands –

entered in an agreement with the right intent

code of federal regulations (CFR)-

publisher of the law of the federal govt in the area of administrative law.

Codicil to a will

a change to a will (last testament)

college of cardinals

see Catholicism

common law

judge made law

compensatory damages

damages paid to someone for negligence

Competency to Stand trial

competent is different than insane,

Conclusion of Law

decided by the judge, judges decide what law is applied at trial, the lawyers argue the conclusion of law to the judge

Competent witness

a person who isn’t necessarily competent and can read or talk, or cognitive reasoning. It means the person is material or relevant to the facts, personal knowledge or experience.

Conclusion of fact

the jury are the ones who make the decision of fact.

Consequential damages

damages that are determined by the fact that something has happened, ex. You would have earned had the concert happened.

Contingency fee contract

there are some cases where you are ethically able to share on the client with whatever return you obtain.

Corpus delicti

“body of crime” or proof of the crime.

Criminal Law

cases of the state versus the individual. In Texas, all criminal law is held within the Penal code. Burden of proof. Civil.

Dead man statute

says that you can’t say what someone else said after they are dead.

Dram Shops laws

geared around establishment and businesses which host alcohol and beverages. It extends liability to the shop owner fully intoxicated, if someone enters the public with too much alcohol in their system.

En Banc

a whole court made a decision on your case

E Pluribus Unum

Out of Many One “we are one country we are all states as one.”

Ex Parte

a conversation with the judge without all the parties present.

U.S.

Supreme Court

L. Rev

Secondary source law review

A. or P. or N.E.

Regional State Reporters

F.2d

Circuit Court

F. Supp

Federal Supplement, publishes U.S. District Court cases.

Who files a motion in court?

Petioner or movant

F. or F.2d

Federal Reporter

L.ed or L.Ed 2d

Supreme Court Reporter, Lawyer's Edition

4 Print Sources of Supreme Court Case Law

U.S. – U.S. Reports (Official)

L. Ed – Lawyer’s Edition

S. Ct – Supreme Court Reporter (West)

USLW – United States Law Week

About this deck

By: Brendon Culleton
Created: 2011-02-22
Size: 82 flashcards
Views: 40

About StudyBlue

“Simply amazing. The flash cards are smooth, there are many different types of studying tools, and there is a great search engine. I praise you on the awesomeness.”
Dennis