LM vocab.txt

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LM vocab.txt
2011-05-30 22:09:14
Legal Methods

Legal Methods
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  1. Ad hoc
    For this purpose, an attorney appointed to handle a particular hearing or a committee appointed to adress a specific problem.
  2. Appellant
    The party who appeals a lower court decision.
  3. Appellee
    The party against whom an appeal is taken
  4. Arbitration
    A method of dispute resolution involving the retention of one or more nuetral parties (arbitrators), who sit as judges to decide the case.
  5. Attachment
    The seizing of person's property by court process before a suit is brought to secure a judgement or to secure jurisdiction over the property.
  6. Bench trial
    A trial in which there is no jury and the judge decides the case.
  7. Bill of attainder
    1) A bill or statute attainting a person 2) a legislative enactment criminally convicting a person.
  8. Chattel
    An item of personal property that is movable, as distinguished from real property.
  9. Collateral attack
    An attack on a judgement entered in a different proceeding. Example: writ of habeas corpus.
  10. Comity
    When one court defers to another court in the case where either would have the jurisdiction in the case
  11. Common law
    A body of law derived from judicial decisions based on custom and general principles rather than from statutes.
  12. Constructive service
    Also called substituted service. Service accomplished by a method that may not give actual notice.
  13. Counterclaim
    A claim for affirmitive relief asserted against an opposing party in response or opposition to that party's claim.
  14. Cy pres (doctrine)
    French "as close as possible" Say a gift is made and the recipient is deceased, the benificiary must use the gift in the way that fulfills the purposes of the gift
  15. De facto
    Latin for actually or in fact
  16. De Jure
    Latin for by law
  17. Demurrer
    An assertion that the facts alleged do not state a claim for relief. Such as an assertion is usually made by a motion to dismiss.
  18. De novo
    Latin for "anew", means starting over, as in a trial de novo. The term implies that no deference is owed to the earlier proceeding or decision.
  19. Declaratory relief
    A judge's determination(called a declaratory judgement) of the parties rights. The theory is that an early resolution of legal rights will resolve some or all of the other issues in the case.
  20. Default
    1) failure to respond to a summons and complaint served on a party in the time required by law. If an answer is not filed then the party seeking relief may enter a default in record, which terminate the rights of the defaulting party to defend the case. 2) In contract law, a failure to fulfill a material term, which may constitute a breach of contract.
  21. Defeasance
    An annulment or abrogation; usually a deed or other instrument that defeats the effect of some other deed or instrument.