ALREADY GRADED A+
acceptance- CORRECT ANS>>in contract law, the offeree's indication to the offeror that the
offeree agrees to be bound by the terms of the offeror's offer or proposal for a contract
acquittal- CORRECT ANS>>a certification of declaration following a trial that the individual
accused of a crime is innocent, or free from guilt, in the eyes of the law and is thus absolved
of the charges.
actionable- CORRECT ANS>>capable of serving as the basis of a lawsuit. an actionable claim
can be pursued in a lawsuit or other court action
active listening- CORRECT ANS>>The act of listening attentively to the speaker's message and
responding by giving appropriate feedback to show that you understand what the speaker is
saying, restating the speaker's message in your own words to confirm that you accurately
interpreted what was said.
actual malice- CORRECT ANS>>Real and demonstrable evil intent. In a defamation suit, a
statement made about a public figure normally must be made with actual malice (with either
knowledge of falsity or a reckless disregard for the truth) for liability to be incurred.
actus reus- CORRECT ANS>>A guilty (prohibited) act. The commission of a prohibited act is
one of the two essential elements required for criminal liability. The other element is the
intent to commit a crime.
ad valorem- CORRECT ANS>>Derived from the Latin ad valentiam, meaning "to the value", It
is commonly applied to a tax imposed on the value of property.
address block- CORRECT ANS>>That part of a letter that indicates to whom the letter is
addressed. The address block is placed in the upper left-hand portion of the letter, above the
salutation (or reference line, if one is included).
ademption clause- CORRECT ANS>>The revocation, recalling, or cancellation of a legacy,
according to the apparent intention of the testator, implied by the law from acts done by the
testator during the testator's life.
,adjudication- CORRECT ANS>>The act of resolving a controversy and rendering an order or
decision based on review of the evidence presented.
administrative agency- CORRECT ANS>>A federal or state government agency established to
perform a specific function. Administrative agencies are authorized by legislative acts to
make and enforce rules relating to the purpose for which they were established.
administrative process- CORRECT ANS>>The procedure used by administrative agencies in the
administration of law.
administrative law- CORRECT ANS>>A body of law created by administrative agencies in the
form of rules, regulations, orders, and decisions in order to carry out their duties and
responsibilities.
administrative law judge (ALJ)- CORRECT ANS>>One who presides over an administrative
agency hearing and who has the power to administer oaths, take testimony, rule on
questions of evidence, and make determinations otherwise authorized by law.
administrator- CORRECT ANS>>A person appointed by a court to serve as a personal
representative for a person who died intestate (without a valid will) or if the executor named
in the will cannot serve.
adoption- CORRECT ANS>>A procedure in which persons become the legal parents of a child
who is not their biological child.
adversarial system of justice- CORRECT ANS>>A legal system in which the parties in a lawsuit
are opponents, or adversaries, and present their cases in the light most favorable to
themselves. The impartial decision maker (the judge or jury) determines who wins and who
loses based on the evidence presented.
adverse possession- CORRECT ANS>>A process by which premises can change ownership. It is
a common law concept concerning the title to real property.
affidavit- CORRECT ANS>>A written statement of facts confirmed by the oath or affirmation
of the party making it and made before a person having the authority to administer the oath
or affirmation.
,affirm- CORRECT ANS>>To uphold the judgment of a lower court.
affirmative defense- CORRECT ANS>>A response to the plaintiff's claim that does not deny
the plaintiff's facts but attacks the plaintiff's legal right to bring an action.
agency- CORRECT ANS>>A relationship between two persons in which one person (the agent)
represents or acts in the place of another (the principal).
agreement- CORRECT ANS>>A meeting of the minds and a requirement for a valid contract.
Agreement involves two distinct events: an offer to form a contract and the acceptance of
that offer by the offeree.
alimony- CORRECT ANS>>Money paid to support a former spouse after a marriage has been
terminated. The alimony may be permanent or temporary (rehabilitative).
allegation- CORRECT ANS>>A party's statement, claim, or assertion made in a pleading to the
court. The allegation sets forth the issue that the party expects to prove.
ALTA (American Land Title Association)- CORRECT ANS>>A national trade association
representing the interests of the abstract of title and title insurance industries.
alternative dispute resolution (ADR)- CORRECT ANS>>The resolution of disputes in ways other
than those involved in the traditional judicial process. Negotiation, mediation, and arbitration
are forms of ADR. Some courts require them before a case can go to trial.
American Bar Association (ABA)- CORRECT ANS>>A voluntary national association of
attorneys, the ABA plays an active role in developing educational and ethical standards for
attorneys and in pursuing improvements in the administration of justice.
American Digest System- CORRECT ANS>>A system of identifying points of law from reported
cases and organizing them by topic and key number. The system was developed by West
Publishing Company to organize the entire body of American Law.
American Jurisprudence- CORRECT ANS>>An encyclopedia of United States law published by
West.
, American Law Reports- CORRECT ANS>>A resource used by American lawyers to find a variety
of sources relating to specific legal rules, doctrines, or principles.
amicus curiae brief- CORRECT ANS>>A brief filed with the court by a third party (i.e. one not
directly involved in the lawsuit) who is concerned about the outcome of the litigation. The
purpose of the brief is to convince the court to rule in favor of one of the parties because not
to do so would affect a broad interest of society. (Friend of the court)
annotation- CORRECT ANS>>A brief comment, an explanation of legal point, or a case
summary found in a case digest or other legal source.
annulment- CORRECT ANS>>A court decree that invalidates (nullifies) a marriage. Although
the marriage itself is deemed nonexistent, children of a marriage that is annulled are
legitimate.
answer- CORRECT ANS>>A defendant's response to a plaintiff's complaint.
antenuptial agreement- CORRECT ANS>>A written contract created by two people planning
to be married. The agreement typically lists all of the property each person owns, as well as
their debts, and it specifies what each person's property rights will be after they tie the knot.
Antenuptial agreements often specify how property will be divided- CORRECT ANS>>and
whether spousal support (alimony and post-separation support) will be paid- CORRECT
ANS>>in the event of a divorce.
appeal- CORRECT ANS>>The process of seeking a higher court's review of the lower court's
decision for the purpose of correcting or changing the lower court's judgment or decision.
appellant- CORRECT ANS>>The party who takes an appeal from one court to another;
sometimes referred to as the petitioner.
appellant's brief- CORRECT ANS>>An appellate brief that argues in favor of the appellant's
position. This brief will try to convince the court that the lower court's decision was
erroneous on a point of LAW. (The facts aren't at issue anymore.)