NCCP Exam 614 Terms with Correct Explanations.
acceptance - Correct Answer 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 to form a contract.
acquittal - Correct Answer A certification or 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 Answer Capable of serving as the basis of a lawsuit. This type of claim
can be pursued in a lawsuit or other court action.
active listening - Correct Answer 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 Answer Real and demonstrable evil intent. In a defamation suit, a
statement made about a public figure normally must be made with this (with either
knowledge of its falsity or a reckless disregard of the truth) for liability to be incurred.
actus reus - Correct Answer 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 Answer 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 Answer That part of a letter that indicates to whom the letter is
addressed. Placed in the upper left-hand portion of the letter, above the salutation (or
reference line, if one is included).
ademption clause - Correct Answer 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 Answer The act of resolving a controversy and rendering an order or
decision based on a review of the evidence presented.
,administrative agency - Correct Answer A federal or state government agency established
to perform a specific function. They are authorized by legislative acts to make and enforce
rules relating to the purpose for which they were established.
administrative law - Correct Answer 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 Answer 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.
administrative process - Correct Answer The procedure used by administrative agencies
in the administration of law.
administrator - Correct Answer 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 Answer A procedure in which persons become the legal parents of a
child who is not their biological child.
adversarial system of justice - Correct Answer A legal system in which the parties to 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 Answer A process by which premises can change
ownership without the intent of the property owner. It is a common law concept concerning
the title to real property.
affidavit - Correct Answer A written statement of facts confirmed by the oath or affirmation
of the party making it and made before a person having authority to administer the oath or
affirmation.
affirm - Correct Answer To uphold the judgment of a lower court.
,affirmative defense - Correct Answer A response to a plaintiff's claim that does not deny
the plaintiff's facts but attacks the plaintiff's legal right to bring an action.
agency - Correct Answer A relationship between two persons in which one person (the
agent) represents or acts in the place of another (the principal).
agent - Correct Answer A person who is authorized to act for or in the place of another
person (the principal).
agreement - Correct Answer A meeting of the minds and a requirement for a valid contract.
Involves two distinct events: an offer to form a contract and the acceptance of that offer by
the offeree.
alimony - Correct Answer Money paid to support a former spouse after a marriage has
been terminated. May be permanent or temporary (rehabilitative).
allegation - Correct Answer A party's statement, claim, or assertion made in a pleading to
the court. Sets forth the issue that the party expects to prove.
ALTA (American Land Title Association) - Correct Answer A national trade association
representing the interests of the abstract of title and title insurance industries.
alternative dispute resolution (ADR) - Correct Answer The resolution of disputes in ways
other than those involved in the traditional judicial process. Negotiation, mediation, and
arbitration.
American Bar Association (ABA) - Correct Answer A voluntary national association of
attorneys, it 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 Answer 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 to organize the entire body of American law.
American Jurisprudence - Correct Answer An encyclopedia of United States law published
by West.
, American Law Reports - Correct Answer A resource used by American lawyers to find a
variety of sources relating to specific legal rules, doctrines, or principles.
amicus curiae brief - Correct Answer A brief filed with the court by a third party (i.e., a party
not directly involved in the lawsuit) who is concerned about the outcome of the litigation.
The purpose of such a 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 Answer A brief comment, an explanation of a legal point, or a case
summary found in a case digest or other legal source.
annulment - Correct Answer A court decree that invalidates a marriage. Although the
marriage itself is deemed nonexistent, children of a marriage are deemed legitimate.
answer - Correct Answer A defendant's response to a plaintiff's complaint.
antenuptial agreement - Correct Answer 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.
These agreements often specify how property will be divided - and whether spousal
support (alimony) will be paid - in the event of a divorce.
appeal - Correct Answer The process of seeking a higher court's review of a lower court's
decision for the purpose of correcting or changing the lower court's judgment or decision.
appellant - Correct Answer The party who takes an appeal from one court to another;
sometimes referred to as the petitioner.
Appellant's brief - Correct Answer A 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.
appellate brief - Correct Answer A document submitted to an appellate court setting forth
legal arguments and supporting law in favor of the appellant or the appellee.
appellate court - Correct Answer A court that reviews decisions made by lower courts, such
as trial courts; a court of appeals.
acceptance - Correct Answer 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 to form a contract.
acquittal - Correct Answer A certification or 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 Answer Capable of serving as the basis of a lawsuit. This type of claim
can be pursued in a lawsuit or other court action.
active listening - Correct Answer 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 Answer Real and demonstrable evil intent. In a defamation suit, a
statement made about a public figure normally must be made with this (with either
knowledge of its falsity or a reckless disregard of the truth) for liability to be incurred.
actus reus - Correct Answer 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 Answer 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 Answer That part of a letter that indicates to whom the letter is
addressed. Placed in the upper left-hand portion of the letter, above the salutation (or
reference line, if one is included).
ademption clause - Correct Answer 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 Answer The act of resolving a controversy and rendering an order or
decision based on a review of the evidence presented.
,administrative agency - Correct Answer A federal or state government agency established
to perform a specific function. They are authorized by legislative acts to make and enforce
rules relating to the purpose for which they were established.
administrative law - Correct Answer 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 Answer 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.
administrative process - Correct Answer The procedure used by administrative agencies
in the administration of law.
administrator - Correct Answer 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 Answer A procedure in which persons become the legal parents of a
child who is not their biological child.
adversarial system of justice - Correct Answer A legal system in which the parties to 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 Answer A process by which premises can change
ownership without the intent of the property owner. It is a common law concept concerning
the title to real property.
affidavit - Correct Answer A written statement of facts confirmed by the oath or affirmation
of the party making it and made before a person having authority to administer the oath or
affirmation.
affirm - Correct Answer To uphold the judgment of a lower court.
,affirmative defense - Correct Answer A response to a plaintiff's claim that does not deny
the plaintiff's facts but attacks the plaintiff's legal right to bring an action.
agency - Correct Answer A relationship between two persons in which one person (the
agent) represents or acts in the place of another (the principal).
agent - Correct Answer A person who is authorized to act for or in the place of another
person (the principal).
agreement - Correct Answer A meeting of the minds and a requirement for a valid contract.
Involves two distinct events: an offer to form a contract and the acceptance of that offer by
the offeree.
alimony - Correct Answer Money paid to support a former spouse after a marriage has
been terminated. May be permanent or temporary (rehabilitative).
allegation - Correct Answer A party's statement, claim, or assertion made in a pleading to
the court. Sets forth the issue that the party expects to prove.
ALTA (American Land Title Association) - Correct Answer A national trade association
representing the interests of the abstract of title and title insurance industries.
alternative dispute resolution (ADR) - Correct Answer The resolution of disputes in ways
other than those involved in the traditional judicial process. Negotiation, mediation, and
arbitration.
American Bar Association (ABA) - Correct Answer A voluntary national association of
attorneys, it 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 Answer 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 to organize the entire body of American law.
American Jurisprudence - Correct Answer An encyclopedia of United States law published
by West.
, American Law Reports - Correct Answer A resource used by American lawyers to find a
variety of sources relating to specific legal rules, doctrines, or principles.
amicus curiae brief - Correct Answer A brief filed with the court by a third party (i.e., a party
not directly involved in the lawsuit) who is concerned about the outcome of the litigation.
The purpose of such a 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 Answer A brief comment, an explanation of a legal point, or a case
summary found in a case digest or other legal source.
annulment - Correct Answer A court decree that invalidates a marriage. Although the
marriage itself is deemed nonexistent, children of a marriage are deemed legitimate.
answer - Correct Answer A defendant's response to a plaintiff's complaint.
antenuptial agreement - Correct Answer 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.
These agreements often specify how property will be divided - and whether spousal
support (alimony) will be paid - in the event of a divorce.
appeal - Correct Answer The process of seeking a higher court's review of a lower court's
decision for the purpose of correcting or changing the lower court's judgment or decision.
appellant - Correct Answer The party who takes an appeal from one court to another;
sometimes referred to as the petitioner.
Appellant's brief - Correct Answer A 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.
appellate brief - Correct Answer A document submitted to an appellate court setting forth
legal arguments and supporting law in favor of the appellant or the appellee.
appellate court - Correct Answer A court that reviews decisions made by lower courts, such
as trial courts; a court of appeals.
