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oldest source of
law
US constitution TERM 2
what does common law mean where is it
originated from
DEFINITION 2 -a body of general rules that applied throughout the entire english rome. -judge or court created law under common law. -originated from english legal system TERM 3
stare decisis
DEFINITION 3 judges are obligated to follow the precedents established within their jurisdictions TWO ASPECTS- 1. the decisions made by a higher court are binding on lower courts 2. a court should not overturn its own precedents unless there is a compelling reason to do so. TERM 4
civil case
DEFINITION 4 involves two parties suing eachother TERM 5
criminal case
DEFINITION 5 involves the governtment suing a person because they allegedly violated something in the "penal code" (theft/murder)
standard of proof
civil- legal standart for liability: "preponderance of the evidence" (greater weight of the credible evidence) criminal- legal requirement for guilt: "beyond a resonable doubt" TERM 7
the purpose of the judiciary system(the
courts)
DEFINITION 7 -to interpret the laws and apply them to specific situations. - judicial review- judiciary can decide, whether the laws or actions of the other two branches are constitutional. TERM 8
federal court system JURISDICTION
DEFINITION 8 ->people who claim that their constitutional rights have been violated. -cases in which the U.S. is a party to the suit -cases involving citizens of different states. -diversity of citizen jurisdiction -amount in controversy is for more then $75,000 - no $ amount for cases involving federal law TERM 9
State court system
DEFINITION 9 STATE COURTS OF "ORIGINAL JURISDICTION"-where case if first brought; deals in issues of fact. STATE COURT OF APPEALS- deals with appeals and issues of law usually called court of appeals. STATE SUPREME COURT & CRIMINAL COURT OF APPEALS- appellate review dealing with issues of law usually TERM 10
appellate review
DEFINITION 10
- reviews the record for errors of law. - its decision concerning a case is based on the record on appeal and the briefs and areguements/ -then issues a written opinion
tort cont.
PROTECTING CERTAIN INTANGIBLE INTEREST- such as personal privacy, family relations, reputation, and dignity and tort law provides remedies for violation of these interest. -compensatory damages- are intended to compensate or reimburse a plaintiff for acutal loses. -special damages- compensate the plaintiff for monetary loses, medical expenses, lost wages, beifits, extra costs, loss of irreplaceable items. TERM 17
tort cont. 2
DEFINITION 17 -gengeral damages- compensate individuals (not companies) for the non monetary asspects of the harm suffered. such as pain and suffering. -punitive damages- in tort cases to punish the wrongdoer. TERM 18
CH 30 u.s. trustee
DEFINITION 18 a government official who performs appointment and other administrative task that a bankruptcy judge would otherwise have to perfom. TERM 19
order for relief
DEFINITION 19 an order for relief is a courts grant of assistance to a petitioner. TERM 20
automatic stay
DEFINITION 20 or suspension, of virtually all actions by creditors against the debtor or the debtors property normally goes into effect
EXEMPTIONS
- up to $20,200 in equity in the debtors residence and burial plot(the homestead exemption) 2. interest in a motor vehicle up to 3,225 3.interest, up to $525 for a particular item, in household goods and furnishing, wearing apparel, appliances, books, animals, crops and musical instruments. 4.interest in jewelry up to $1,
- interested in any other property up to $1,075, plus any unused part of the 20,200 homestead exemption up to 10,125. 6. interest in any tools of the debtors trade up to $2, TERM 22
EXEMPTIONS 2
DEFINITION 22
- life insurance contracts owned by the debtor. 8. interest under life insurance contracts owned by the debtor, not exceed 10,775. 9. prefessionally prescribed health aids. TERM 23
reaffimation agreement
DEFINITION 23 an agreement to pay a debt dischargeable in bankruptcy. TERM 24
order of trial procedures
DEFINITION 24
- pleading stage 2.discovery stage 3.pretrial stage 4.trial stage 5. appellate stage 6. enforcement stage. TERM 25
negligence
DEFINITION 25
- risk must be foreseeable, it must be such that a reasonable person engaging in the same activity would anticipate the risk and guard against it -the actors conduct merely creates a risk of such consequences -the tortfeasor(one committing tort) neither wishes to bring about the consequences of the act nor believes that they will occur.
eminent domain
-the power of the state to take private property for public use with payment of compensation to the owner. TERM 32
negotiable instruments
DEFINITION 32
- a signed writing containing an unconditional promise to pay an exact sum or money ex: -substitute for cash -check - extensions of credit - garunteed to be paid TERM 33
types of negotiable instruments
DEFINITION 33
- drafts and checks are 3 party instruments: -drawer, drawee and payer -unconditional written order that involves 3 partys -checks are drafts on a bank. 2. promissory notes 2 party instruments- maker and bearer 3. certificates of deposit (CDs) 2 party instrument TERM 34
balloon note/installment note
DEFINITION 34 balloon note- long term loan that has one large payment due at the maturity of the loan installment note- a loan that is repayed with several equal sized payments. TERM 35
agent
DEFINITION 35 -a person who agrees
real property consists of
-land -building -plants -trees (that is contains) -real property is immovable -personal property is moveable TERM 37
land
DEFINITION 37 includes soil on the surface of the earth and the natrual products or artificial structures that are attatched to it. TERM 38
encumbrances
DEFINITION 38 any limitations on either airspace rights or surface rights TERM 39
surface rights
DEFINITION 39 the owner of the surface may sell subsurface rights to another person includes: the ownership of minerals,oils, natural gas TERM 40
Fee Simple Absolute
DEFINITION 40 A person who holds the entire bundle of rights is said to be the owner in fee simple absolute -owner has the greatest aggression of rights privelges and power possible -assigned forever to a person and their heirs without limitation or condition
Tenancy by the Entirety
Ownership that typically is created by a transfer of realy property to a husband or wife TERM 47
Community Property
DEFINITION 47 property to be owned by a married couple, each spouse technically owns a 1/2 intrest in the property TERM 48
Leasehold Estate
DEFINITION 48 created when a real property owner or lessor(landlord) agrees to convey the right to possess and use the property to a lesse(tendent) for a certain period of time. TERM 49
fixed-term
tenancy
DEFINITION 49 also called a tenancy for years, created by an express contract by which property is leased for a specified period of time. such as a month, a year or a period of years. (not the term need not be specified by date) TERM 50
periodic
tenancy
DEFINITION 50 is created by a lease that does not specify how long it is to last but does specify the rent is to be paid at certain intervals. -this type of tenancy is automatically renewed for another rental period unless properly terminated.
tenancy at will
either the landlord or the tenant can terminate the tenancy without notice. TERM 52
tenancy at sufferance
DEFINITION 52 the mere possesion of land without right. -not a true tenancy because it is created when a tenant wrongfully retains possesion of property. TERM 53
nonpossessory interests
DEFINITION 53 are basically interests in real property owned by others including easements, profits and licenses. TERM 54
Profit
DEFINITION 54 the right to go onto land owned by another and take away some product of the land TERM 55
License
DEFINITION 55 the revocable right of a person to come onto another persons land
warranty deed
makes the greatest number of warranties, thus providing the most extensive protection agaisnt a title. TERM 62
special warranty deed
DEFINITION 62 -also know as limited warranty deed -grantor or seller held good title during his or her ownership of property. TERM 63
quitclaim deed
DEFINITION 63 the least amount of protection against defects in title. TERM 64
grant deed
DEFINITION 64 the statement "grant the property to you" TERM 65
sheriffs deed
DEFINITION 65 a document giving ownership rights to a buyer of property at a sheriffs sale, which takes place when the owner of the property has failed to pay a court payment.
recording statute
allows deed to be recorded in public records. TERM 67
marketable title
DEFINITION 67 the grantors ownership is free from encumbrances and free of defects. TERM 68
title
search
DEFINITION 68 systematically examining this record for transaction creating interests or rights in a specific parcel of property. TERM 69
title insurance
DEFINITION 69 insures the gurantee against loss from defects in title to real property. TERM 70
adverse possesion
DEFINITION 70 a person who wrongfully possess(by occupying or using) the real property of another may eventually aquire the title to it through this.
constructive eviction
occurs when landlord wrongfully performs any of duties lease requires. TERM 77
lease assignment
DEFINITION 77 agreement to transfer all rights, title and interest in the lease to the assignee. TERM 78
sublease
DEFINITION 78 The Tenants transfer of all or part of the premises for a period shorter than the lease term
