JD Next Exam
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1. What is acceptance in contract law?: Assent to the terms of an offer.
2. How must acceptance be judged?: Objectively.
3. Can acceptance be expressed or implied?: Yes, it can be either expressly stated or implied by
the offeree's conduct.
4. What is required for acceptance to form a binding contract?: Acceptance should be
relayed in a manner authorized, requested, or at least reasonably expected by the offeror.
5. Accruing: To be added as a matter of periodic gain or advantage, as interest on money.
6. What does the term 'affirm' generally mean in a legal context?: To confirm or ratify.
7. What happens when an appellate court affirms a ruling?: The court agrees that the prior
ruling was valid and must stand as rendered.
8. In what context do courts and administrative boards use the term 'affirm'?: To
mean 'approve'.
9. What choice do government officials and witnesses have regarding oaths?: -
They may choose to 'affirm' the content of the oath rather than 'swear' to it.
10. Can you give an example of a situation where someone might 'affirm' an
oath?: The oath of office of U.S. Senators.
11. What is an allegation?: A claim of fact not yet proven to be true.
12. In a lawsuit, where are allegations presented?: In a complaint, indictment, or affirmative
defense.
13. What is the purpose of presenting evidence at trial in relation to allegations?-
: To attempt to prove the truth of the allegations.
14. What is an appeal in legal terms?: A challenge to a previous legal determination.
15. To whom is an appeal directed?: A legal power higher than the power making the challenged
determination.
16. Where can trial court determinations typically be appealed?: In an appellate court.
17. What is the highest court in the federal system that can review appellate
court rulings?: The United States Supreme Court.
18. Who is the person pursuing an appeal called?: Appellant.
19. What is the term for the person defending the lower court's ruling?: Appellee or
respondent.
20. What is an appeal of right?: An appeal that the higher court must hear if the losing party demands it.
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21. What is a discretionary appeal?: An appeal that the higher court may consider, but does not have
to.
22. Can appeals originate from decisions made by executive agencies?: Yes, in
administrative law, people can appeal such decisions in court.
23. What is an appellant?: The party who appeals a lower court's decision in a higher court.
24. What does the appellant seek?: Reversal or modification of the lower court's decision.
25. Who is the appellee?: The party against whom the appeal is filed.
26. In a case where P sues D and wins, who is the appellant if D files an appeal?: D
is the appellant.
27. If D wins the appeal and P appeals next, who becomes the appellant?: P becomes
the appellant.
28. Arbitrary Discretion: When used in reference to a judge's ruling in a court case, arbitrary means based
on individual discretion rather than a fair application of the law. For example, finding someone guilty of a crime simply
because they have a beard would be an arbitrary decision. However, a discretionary decision is not always arbitrary.
Although, the law sometimes gives judges discretionary powers, it also requires them to act within boundaries when
applying general principles of law to the facts of a particular case. As a result, a judge cannot act in disregard of the
evidence or ignore established precedent. Such disregard would be arbitrary.
29. Assent: The expression of approval or agreement.
30. What is an assignee?: A person to whom a property right is transferred by the person holding such rights
under contract.
31. What is the person who transfers property rights called?: The assignor.
32. What is the act of transferring property rights called?: Assigning or assignment.
33. In which areas of law is the concept of assignment used?: Contract and property law.
34. What does it mean to assume in a legal context?: To undertake or take over a certain duty
or responsibility.
35. What is an example of assuming a debt?: Alice may assume Bob's liability for a debt, meaning
she takes over Bob's debt.
36. Avers: To state or assert to be the case.
37. What is the definition of an award in legal terms?: A final judgment or decision.
38. What is usually the centerpiece of an award?: A declaration that one party owes another a
certain amount of money.
39. Who can make decisions referred to as awards?: Arbitrators, juries, and judges.
, JD Next Exam
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40. What does it mean if a bank account bears interest?: The bank pays you a particular
amount of money for keeping your money in the account.
41. What is typically paid by a bank for keeping money in an account?: Interest
42. What is black letter law?: Basic standard rules that are generally known and free from doubt.
43. How can black letter law be applied?: It can be applied in a very mechanical way without moral
qualms or other considerations.
44. What does breach mean in legal terms?: Violation of a law or contractual duty.
45. What is a breach of contract?: The violation of a contractual obligation.
46. How can one breach a contract?: By repudiating a promise, failing to perform a promise, or
interfering with another party's performance.
47. Brief: Written arguments submitted to the court.
48. Business efficacy: Business efficacy means the power to produce intended results.
49. Capricious: Given to sudden and unaccountable changes of mood or behavior. A standard for review for
appeal, often seen in administrative law. Under this standard, the finding of a lower court will not be disturbed unless
it has no reasonable basis - if the judge makes a decision without reasonable grounds or adequate consideration of
the circumstances.
50. Case Brief: A case brief is a dissection of a judicial opinion -- it contains a written summary of the basic
components of that decision.
51. Case law: Case law is law that is based on judicial decisions rather than law based on constitutions, statutes,
or regulations. Case law concerns unique disputes resolved by courts using the concrete facts of a case. By contrast,
statutes and regulations are written abstractly.
52. What is a cause of action?: A set of predefined factual elements that allow for a legal remedy.
53. Where can the factual elements for a cause of action come from?: A constitution,
statute, judicial precedent, or administrative regulation.
54. What is the definition of chattels?: A catch-all category of property mostly associated with movable
goods.
55. What type of property does chattel include at common law?: All property that was
not real estate and not attached to real estate.
56. Can you give examples of chattels?: Examples include leases, cows, and clothes.
57. In modern usage, what does chattel often refer to?: Tangible movable personal property.
58. What can happen after a federal district court has decided a case?: The case can
be appealed to a United States court of appeals.
Study online at https://quizlet.com/_hzte7s
1. What is acceptance in contract law?: Assent to the terms of an offer.
2. How must acceptance be judged?: Objectively.
3. Can acceptance be expressed or implied?: Yes, it can be either expressly stated or implied by
the offeree's conduct.
4. What is required for acceptance to form a binding contract?: Acceptance should be
relayed in a manner authorized, requested, or at least reasonably expected by the offeror.
5. Accruing: To be added as a matter of periodic gain or advantage, as interest on money.
6. What does the term 'affirm' generally mean in a legal context?: To confirm or ratify.
7. What happens when an appellate court affirms a ruling?: The court agrees that the prior
ruling was valid and must stand as rendered.
8. In what context do courts and administrative boards use the term 'affirm'?: To
mean 'approve'.
9. What choice do government officials and witnesses have regarding oaths?: -
They may choose to 'affirm' the content of the oath rather than 'swear' to it.
10. Can you give an example of a situation where someone might 'affirm' an
oath?: The oath of office of U.S. Senators.
11. What is an allegation?: A claim of fact not yet proven to be true.
12. In a lawsuit, where are allegations presented?: In a complaint, indictment, or affirmative
defense.
13. What is the purpose of presenting evidence at trial in relation to allegations?-
: To attempt to prove the truth of the allegations.
14. What is an appeal in legal terms?: A challenge to a previous legal determination.
15. To whom is an appeal directed?: A legal power higher than the power making the challenged
determination.
16. Where can trial court determinations typically be appealed?: In an appellate court.
17. What is the highest court in the federal system that can review appellate
court rulings?: The United States Supreme Court.
18. Who is the person pursuing an appeal called?: Appellant.
19. What is the term for the person defending the lower court's ruling?: Appellee or
respondent.
20. What is an appeal of right?: An appeal that the higher court must hear if the losing party demands it.
, JD Next Exam
Study online at https://quizlet.com/_hzte7s
21. What is a discretionary appeal?: An appeal that the higher court may consider, but does not have
to.
22. Can appeals originate from decisions made by executive agencies?: Yes, in
administrative law, people can appeal such decisions in court.
23. What is an appellant?: The party who appeals a lower court's decision in a higher court.
24. What does the appellant seek?: Reversal or modification of the lower court's decision.
25. Who is the appellee?: The party against whom the appeal is filed.
26. In a case where P sues D and wins, who is the appellant if D files an appeal?: D
is the appellant.
27. If D wins the appeal and P appeals next, who becomes the appellant?: P becomes
the appellant.
28. Arbitrary Discretion: When used in reference to a judge's ruling in a court case, arbitrary means based
on individual discretion rather than a fair application of the law. For example, finding someone guilty of a crime simply
because they have a beard would be an arbitrary decision. However, a discretionary decision is not always arbitrary.
Although, the law sometimes gives judges discretionary powers, it also requires them to act within boundaries when
applying general principles of law to the facts of a particular case. As a result, a judge cannot act in disregard of the
evidence or ignore established precedent. Such disregard would be arbitrary.
29. Assent: The expression of approval or agreement.
30. What is an assignee?: A person to whom a property right is transferred by the person holding such rights
under contract.
31. What is the person who transfers property rights called?: The assignor.
32. What is the act of transferring property rights called?: Assigning or assignment.
33. In which areas of law is the concept of assignment used?: Contract and property law.
34. What does it mean to assume in a legal context?: To undertake or take over a certain duty
or responsibility.
35. What is an example of assuming a debt?: Alice may assume Bob's liability for a debt, meaning
she takes over Bob's debt.
36. Avers: To state or assert to be the case.
37. What is the definition of an award in legal terms?: A final judgment or decision.
38. What is usually the centerpiece of an award?: A declaration that one party owes another a
certain amount of money.
39. Who can make decisions referred to as awards?: Arbitrators, juries, and judges.
, JD Next Exam
Study online at https://quizlet.com/_hzte7s
40. What does it mean if a bank account bears interest?: The bank pays you a particular
amount of money for keeping your money in the account.
41. What is typically paid by a bank for keeping money in an account?: Interest
42. What is black letter law?: Basic standard rules that are generally known and free from doubt.
43. How can black letter law be applied?: It can be applied in a very mechanical way without moral
qualms or other considerations.
44. What does breach mean in legal terms?: Violation of a law or contractual duty.
45. What is a breach of contract?: The violation of a contractual obligation.
46. How can one breach a contract?: By repudiating a promise, failing to perform a promise, or
interfering with another party's performance.
47. Brief: Written arguments submitted to the court.
48. Business efficacy: Business efficacy means the power to produce intended results.
49. Capricious: Given to sudden and unaccountable changes of mood or behavior. A standard for review for
appeal, often seen in administrative law. Under this standard, the finding of a lower court will not be disturbed unless
it has no reasonable basis - if the judge makes a decision without reasonable grounds or adequate consideration of
the circumstances.
50. Case Brief: A case brief is a dissection of a judicial opinion -- it contains a written summary of the basic
components of that decision.
51. Case law: Case law is law that is based on judicial decisions rather than law based on constitutions, statutes,
or regulations. Case law concerns unique disputes resolved by courts using the concrete facts of a case. By contrast,
statutes and regulations are written abstractly.
52. What is a cause of action?: A set of predefined factual elements that allow for a legal remedy.
53. Where can the factual elements for a cause of action come from?: A constitution,
statute, judicial precedent, or administrative regulation.
54. What is the definition of chattels?: A catch-all category of property mostly associated with movable
goods.
55. What type of property does chattel include at common law?: All property that was
not real estate and not attached to real estate.
56. Can you give examples of chattels?: Examples include leases, cows, and clothes.
57. In modern usage, what does chattel often refer to?: Tangible movable personal property.
58. What can happen after a federal district court has decided a case?: The case can
be appealed to a United States court of appeals.
