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74 Cards in this Set
- Front
- Back
Adverse Possession |
Occupation of land to which another has title - with the intention of taking it as his own. |
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Affray |
Using or threatening to use unlawful violence. |
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Alibi |
Plea that the accused was somewhere else during the commission of the crime. |
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Alienation |
Transfer of (real) property from one to another |
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Animus
i.Animus Furandi ii.Animus Manendi |
Intention.
i. intention to steal ii. intention to remain in one place (domicile law) |
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Antecedents |
Accused/Convict's previous convictions or history of bad character. |
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Audi alteram partem |
Hear the other side.
- No one should be condemned unheard. |
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Aut punier aut dedere |
Either punish or surrender
- extradition law |
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Caveat
i. caveat actor ii. caveat emptor iii. caveat venditor |
Warning.
i. Let the doer be on his guard. ii. Let the buyer beware. iii. Let the seller be on his guard. |
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Covenant |
Agreement or undertaking to do or not to do something. |
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Countermand |
To say that an order must NOT be carried out. |
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Contempt of Court ii. criminal |
i. Civil - Disobedience of court order or process. Defendant can be imprisoned.
ii. Criminal - Obstructs or tends to obstruct proper administration of justice. |
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delegates non potest delegare |
A person to whom something has been delegated cannot delegate further. |
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Duress |
Pressure, esp actual/threatened force. |
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Embargo |
Detention of ships in port - a type of reprisal. (ship of delinquent state withheld in injured state's port) |
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Estoppel |
Rule of evidence or rule of law preventing a person who has alleged its(truth/evidence) existence from denying the same. |
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Ex gratia |
done as a matter of favour |
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ex post facto |
by a subsequent act - has retrospective effect. |
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expunge |
to remove |
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Factum probanda |
Fact in issue which is to be proved. |
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Factum probans |
Relevant fact. |
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Gratuitous |
Free or with no money being offered. |
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Homicide |
killing a human. |
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Horse- trading |
Bargaining b/w political actors to obtain a general agreement. |
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Hostile witness |
An adverse witness who willfully refuses to testify in favour of the party who called him. |
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Hypothecation |
Using property such as securities as collateral for a loan but not transferring legal ownership to the lender. |
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Innuendo |
( defamation) - statement - words - which maybe defamatory because of hidden meaning (evident to the people to whom it has been published) |
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In limine |
Initial stage; at the outset |
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In prompt |
In readiness |
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Inter alia |
among other things |
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Inter se |
among themselves |
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In personam |
a proceeding in which relief is sought against a specific person. |
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Interlocutory |
during the course of proceedings |
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Intestate |
to die without making a will |
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Kickback |
Illegal commission paid to someone who helps in a business deal. |
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Larceny |
Crime of stealing goods which belong to another person. |
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Libel |
Defamatory statement made in permanent form. |
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Liquidator |
person who conducts winding up of a company. |
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Locus standi |
Right of a party to an action to appear and be heard by the court. |
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M' Naughten rules |
Rules which a judge applies in deciding whether a person is insane. |
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Mesne profits |
rents and profits which a trespasser has received/ made during his occupation of premises which are lost to the actual owner. |
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nemo debet bis vexari |
no man ought to be vexed twice.
- not to be sued twice upon twice over the same set of facts after a competent court has given a final decision. - civil - double jeopardy |
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next friend |
Person who brings an action on behalf of a minor. |
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Novation |
Transaction in which all parties agree to replace an existing contract with a new one. |
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obiter dictum |
a remark in passing.
- something said by a judge during giving judgment not essential to the decision in the case, |
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Ombudsman |
An official who investigates complaints by the public against gov depts. |
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Palimony |
money which a court orders a man to pay regularly to a woman with whom he had been living and is now separated. |
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Per incuriam |
Through lack of care.
- if court fails to apply a relevant statute or ignores a binding precedent. |
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Persona non grata |
an unacceptable or unwelcome person.
- esp a diplomat from foreign territory unacceptable to the receiving state |
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Pilfer |
To steal small objects or small amounts of money. |
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Piracy jure gentium |
- international law. |
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Polygraphy |
Lie detector |
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Probate |
Legal acceptance that a document is valid. |
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ratio decidendi |
The reason for deciding.
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repudiate |
to refuse to accept. |
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rescind |
to annul or cancel. |
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res ipsa loquitur |
The thing speaks for itself.
- esp in tort of negligence. |
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Res judicata |
a matter that has been decided. |
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respondeat superior |
let the principal answer. |
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restitution in integrum |
restoration to original position. |
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restrospective legislation |
retroactive legislation.
- legislation that operates on matters which has taken place before its enactment.
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sine die |
without a date. |
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slander |
Defamatory.
- verbal or gestures. - not in permanent form.
( only actionable when it can proved that publication has caused spl damage.) |
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stare decisis |
to stand by things decided.
- precedents - judgments. |
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sub judice |
rule limiting disclosure of judicial proceedings so as not to pre -judge or influence the issue. |
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sui generic |
of its own kind - unique |
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sui juris |
of his own right.
(full age and capacity) |
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subrogation |
- when someone stands in the place of another person and acquires the person's rights and liabilities.
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tenancy at will |
that which can be terminated by the landlord/ tenant at any time. |
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tenancy by estoppel |
tenancy that exists despite the fact that the person who granted it had no legal right to do so. |
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tortfeasor |
one who commits a tort. |
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ubi jus ibi remedium |
where there is a wrong there is a remedy. |
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void and voidable |
void - having no legal effect
voidable - capable of being avoided.
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white paper |
detailed policy statement issued by the gov.
- has public importance. |