LandGuide
Surveying
Key Terms
Legal and
Definitions
Exam Questions.pdf
Study
LandGuide
Surveying
Key Terms
Legal and
Definitions
Exam Questions.pdf
Study Guide Key Terms and Exam Questions.pdf
Land Surveying
Legal Definitions
Study Guide Key
Terms and Exam
Questions
Land Surveying Legal Definitions Study
LandGuide
Surveying
Key Terms
Legal and
Definitions
Exam Questions.pdf
Study
LandGuide
Surveying
Key Terms
Legal and
Definitions
Exam Questions.pdf
Study Guide Key Terms and Exam Questions.pdf
,Land Surveying - Legal Definitions.pdf Land Surveying - Legal Definitions.pdf Land Surveying - Legal Definitions.pdf
Terms in this set (70)
Mandatory Authority authority that a court must follow. Mandatory authority is always a primary
source of law, but not all primary sources are mandatory since jurisdiction is a
factor. It refers to cases, statutes, or regulations that the court must follow
since it is binding on the court. Lower courts have to follow decisions made in
higher courts of the same jurisdiction.
Persuasive Authority authority that has some weight but is not binding or mandatory. It refers to
cases, statutes, or regulations that the court may follow but is not required to
follow. A decision from a lower court or from another jurisdiction is persuasive
since it might be adopted.
Original Jurisdiction the right of the court to hear a case for the first time. This is as opposed to
appellate jurisdiction, defined below. Original jurisdiction as related to
SCOTUS applies to suits between states, between feds and a state, and
involving ambassadors and other public ministers.
Appellate Jurisdiction the right of a higher court to review a lower court's decision. It includes the
power to reverse or modify the lower court's decision.
Land Surveying - Legal Definitions.pdf Land Surveying - Legal Definitions.pdf Land Surveying - Legal Definitions.pdf
, Land Surveying - Legal Definitions.pdf Land Surveying - Legal Definitions.pdf Land Surveying - Legal Definitions.pdf
Primary Source these sources articulate the law; sources include constitutions, statues, cases,
and agency decisions or regulations. They can be either persuasive or
mandatory. Primary sources are the actual laws and rules issued by governing
bodies.
Beating of the Bounds This is a historical method of identifying boundaries. The parson, constable of
the involved townships, and the clerk of the manors, with the townspeople,
would pack up ample supplies and walk the boundaries that needed
identification. Doing this would help the townspeople remember the
boundaries that hadn't been written or placed on a map. Young boys would
be chosen at each corner monument. They proceeded to beat the
monuments with sticks or would be hung upside down with their head
knocking it. Regardless of the monument or boundary type, the children
would be given some random, memorable task to help them remember the
boundary. The purpose was to create a living record that would serve as
evidence in any disputes. [source: textbook & lecture]
Property Conveyance This occurs when a rightful owner of land transfers ownership to another
party. Land can only be legally conveyed by someone that has title to it. Land
can be conveyed through sale, gift, inheritance, or by law. Usually a title is
procured through conquest, grants or newly created lands. [source: lecture]
Land Surveying - Legal Definitions.pdf Land Surveying - Legal Definitions.pdf Land Surveying - Legal Definitions.pdf