Download Legal Terminology and Definitions for Paralegals: A Glossary of Key Concepts and more Exams Real Estate Management in PDF only on Docsity!
Abatement Process of selling estate property to pay debts. Abatement of Rent A deduc8on from the rent owed for the diminishment in value of the premises caused by the lack of maintenance. Abstract of Title Chronological summary of all official records and recorded documents affec8ng the 8tle to a parcel of land. Accord and Sa8sfac8on The payment of money, or other valuable considera8on (usually less than the amount owed), in exchange for ex8nguishment of a debt. There must be an express or implied agreement that accep8ng the smaller sum discharges the obliga8on to pay the larger sum. AcquiGal The legal cer8fica8on that an accused person is not guilty of the charged offense. Actual No8ce Direct knowledge a person has about the ownership and condi8on of 8tle of real property. Actus Reus
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La8n term: "guilt act." The wrongful deed that comprises the physical components of a crime and that generally must be coupled with mens rea to establish criminal liability. Administra8ve Authority Rules, regula8ons and decisions enacted by federal, state and local agencies; also includes execu8ve orders for of the President/Governor. Administrator (male)/Administratrix (female) Personal representa8ve appointed by the court when there is no valid will. Advance Direc8ve Document that expresses the health care wishes of the signor. Advance Sheets Contains recent cases or statutes enacted or decided aQer the hardbound volume was published. The documents in the ___ ___ will be included in the next hardbound volume of the published set. Adverse Possession Acquiring 8tle through taking possession of land that belongs to another without the owner's consent and retaining possession for a statutory amount of 8me. It must be: (i) hos8le, meaning it must be without the owner's consent; (ii); actual, meaning there must be physical dominion and control exerted over the property; (iii) open and notorious, meaning anyone would be able to determine possession for the en8re statutory period; and (v) exclusive, meaning that the adverse possessor cannot share use of the land in ques8on with its 8tle owner. Affidavit A sworn statement in wri8ng, made under oath. Affirma8ve Defense (civil) A fact raised by the defendant that cons8tutes a defense to the complaint.
Appeal To ask a court of appellate jurisdic8on to review the decision of the lower court of the basis that the lower court made an error of law. Appellant The party who asks the higher court to review the lower/trial court's decision. Appellee A party against whom an appeal is taken and whose role is to respond to, or defend, that appeal. Arraignment The ini8al step in a criminal prosecu8on whereby the defendant is brought before the court to hear the charges and enter a plea. Arrest The taking or keeping of a person in custody by legal authority in response to a criminal charge. Ar8cles of Incorpora8on The governing document of the corpora8on, which must be filed with the Secretary of State in the state of incorpora8on. Ar8cles of Limited Liability Partnership Public document that must be filed with the Secretary of State in the state of incorpora8on. Assump8on of the Risk A defense used when it is alleged that the plain8ff assumed a risk knowingly and willingly of the possibility of harm. AGesta8on Clause signed by witnesses to a will. AGorney-Client Privilege A privilege protec8ng communica8ons between a client and his/her lawyer.
Bankruptcy Court A U.S. District court subunit comprised of bankruptcy judges with the district and exclusively concerned with administering bankruptcy proceedings. Bargain and Sale Deed A deed that conveys property to a buyer for a valuable considera8on but that lacks any guarantee from the seller about the validity of the 8tle. Bates Numbering A universal system for iden8fying documents in li8ga8on. Bench Trial (civil) A trial before a judge without a jury. The judge decides ques8ons of fact as well as ques8ons of law. Bench Trial (criminal) A trial before a judge without a jury. The defendant must waive his/her right to a jury trial to allow the judge to decide all ques8ons of fact as well as ques8ons of law. Beneficiary Recipient of personal property under a will or the older of the equitable 8tle under a trust. Bequest GiQ of personal property under a will, such as artwork or money; interchangeable with "legacy." Bifurcate Separa8ng issues in a dissolu8on ac8on. A proceeding commonly used to obtain a termina8on of marital status while s8ll resolving issues related to division of property, support, custody and visita8on. The court will retain jurisdic8on to hear the remaining issues. Bifurcated Trial
Business Judgment Rule Legal principle sta8ng that corporate officers and directors are not liable for honest mistakes of business judgment when ac8ng in good faith. Bylaws A set of rules adopted by the board of directors which set forth the manner in which the business and affairs of the corpora8on will be managed. Canons of Professional Ethics Standards promulgated by the ABA regula8ng the conduct of lawyers. Case Law The law to be found in a collec8on of reported cases that form all or part of the body of law within a given jurisdic8on. Causa8on The act by which an effect is produced; one of four elements to be proven in a successful tort claim. Cause-In-Fact An ac8on by the tor_easor that resulted in an invasion of some legally protected interest of another to which the tor_easor is held responsible for the harm caused. Cer8fica8on A voluntary form of regula8on. CORE Registered Paralegal (CRP) A designa8on used by a person who has successfully passed the PCCE. PACE Registered Paralegal (RP) A designa8on used by a person who has successfully passed the PACE exam. Chain of Title The succession of 8tle ownership to real property from the present owner back to the original owner.
Challenge for Cause A party's challenge during voir dire, supported by a specific reason, such as bias or prejudice, which would disqualify that poten8al juror. Charging Document A document in a criminal case that formally accuses a person of comming a crime, a/k/a indictment. Child Support Payment made by the non-custodial parent to the custodial parent for the necessi8es of life (shelter, food, clothing, medical, etc.) For the benefit of the minor child(ren). Cita8on (1) An official summons to appear in court; (2) reference to a statute, precedent-seng case or legal textbook; (3) sec8on of a statute or name of the case, as well as the volume number, the report series and the page number of a case referred to in a brief, points and authori8es, or other legal argument. Claw Back A buffer for an aGorney who realizes only aQer produc8on that he/she has not adequately redacted the privileged or trial-prepara8on materials; the ___ ___ provision of Fed. R. Civ. P. 26(b)(5) allows that aGorney to request that the informa8on be returned immediately, while Fed. R. Civ. P. 16(b) permits par8es to create their own agreement for asser8ng claims of aGorney-client privilege or protec8on of trial prepara8on materials aQer accidental produc8on. Clear and Convincing Evidence The second highest degree of proof used in administra8ve cases, civil cases and preliminary criminal hearings. Closely Held Corpora8on
Property owned in common by husband and wife as a result of its having been acquired during the marriage by means other than an inheritance or a giQ to one spouse, each spouse holding a one-half interest in the property. Compara8ve Negligence An alterna8ve defense to contributory negligence theory which allows the liability of the defendant to be adjusted or reduced by the percentage of plain8ff's contribu8on to his/her own injuries. Compensatory Damages Money awarded to compensate the vic8m for the tor_easor's negligence. Complaint A formal legal document that sets out the facts and legal reasons that the plain8ff believes support a claim against the defendant en8tling the plain8ff to a legal remedy. Concurring Opinion An opinion wriGen by less than a majority of the judges on the court that agrees with the result reached by the majority, but not with all of its reasoning. Conflict of Interest Represen8ng more than one party in a maGer when the par8es have adverse interests. Consanguinity Rela8onship determined by blood 8es. Consequen8al Damages A legal term referring to an injury or loss that is sustained by someone as an indirect result of another person's ac8on. Construc8on Lien (or mechanic's lien) Allows certain persons and en88es who provide labor or materials for the improvement of real property and who are not paid the statutory right to place
a claim of lien on and ul8mately foreclose on specific real property and any improvements thereon. Construc8ve No8ce Such no8ce as is implied or imputed by law, as in the case of no8ce documents that have been recorded in the appropriate registry of deeds. Construc8ve Trust Implied trust used to right a wrong. Contributory Negligence A defense to negligence claiming the plain8ff's own ac8ons contributed to the injuries. Conven8onal Loan A loan made by a private lender in which the lender usually does not have any insurance or guarantee from a third party, such as a government agency backing the loan should the borrower fail to meet his/her loan obliga8ons. Conversion Stealing; unauthorized temporary use of an asset, such as trust account funds. Coopera8ve Not-for-profit organiza8on formed by individuals to market products. Corporate Opportunity Doctrine Principle established by case law that says corporate officers, directors and agents cannot take personal advantage of an opportunity that in all fairness should have belonged to the corpora8on. Corpora8on A business en8ty, authorized by state law, that is formed and authorized to act as a single person and to raise capital by issuing stock to investors who are the owners of the ___. Corpus
A binding judgment in favor of either party based on some failure to take ac8on by the other party. Most oQen, it is a judgment in favor of a plain8ff when the defendant has not responded to a summons or has failed to appear before a court of law. Defendant The party sued in a civil lawsuit or the party charged with a crime in a criminal prosecu8on. Degrees of Separa8on Number of genera8ons a person is removed from the decedent. Delibera8on The process by which the jurors weigh the evidence and facts of the case in order to reach a verdict. Deposi8on The taking of out-of-court oral tes8mony of a witness under oath before a court reporter that is typically transcribed into a wriGen transcript for later use in court or for discovery purpose. Devise Testamentary giQ of real property. Dictum Statement, remark or observa8on included in case opinions not necessary for the decision of the maGer. ____ are not binding on the court. Digest Paragraph summaries of legal issues in a cases in a par8cular jurisdic8on. These summaries are organized by topic and key number and are published by Thomson West. Direct Examina8on
The first ques8oning of a witness in a trial or other proceeding, conducted by the party who called the witness to tes8fy. Discovery Efforts of a party in a lawsuit through his/her/its aGorneys to obtain informa8on before trial through interrogatories, requests for produc8on, requests for admission and deposi8ons. Dissen8ng Opinion An opinion by one or more judges who disagree with the decision reached by the majority. Dissolu8on of Marriage The act of formally termina8ng or dissolving the marriage and returning the par8es to the status of unmarried persons. Distributee Intestate inheritor of personal property. Diversity Jurisdic8on The jurisdic8on granted to federal courts over civil disputes involving par8es having diverse ci8zenship (as in being from different states) where the maGer in controversy exceeds a statutory amount. Docket Number A unique number assigned to each case (a/k/a case number) filed in the court by the court clerk. Doctrine of Laches A legal right or claim may be barred from court if an unreasonable lapse of 8me in asser8ng that right or claim has prejudiced the adverse party, resul8ng in permanent damage to the adverse party's ability to defend him/herself. Donee Recipient of a giQ.
Informa8on created, manipulated, communicated, stored and best u8lized in digital form, requiring the use of computer hardware and soQware. Encroachment An infringement of another's rights or intrusion on another's property. Equitable Distribu8on/Division Marital property is distributed fairly and not necessarily as an equal division of property. Equitable Title Title giving the beneficiary the right to enjoy trust property subject to limita8ons imposed by the trustor. Escheat The right of the state to take 8tle to property aQer the death of a decedent if it appears certain that there are no heirs, descendants or named beneficiaries to take property upon the death of the last known owner. Escrow Account A bank account held by a third party to be turned over only upon the fulfillment of some condi8on or by agreement of both par8es. Estate Interest in land; also, property of the decedent. Estate Administra8on Process of collec8ng assets, paying debts, and distribu8on of a person's property aQer his/her death. Ethics Principles of conduct governing an individual or group. Evidence Something that tends to prove or disprove the existence of an alleged fact. ___ can be tes8mony, documents and tangible objects.
Ex Parte La8n term: "without the party." Generally, communica8on made to the court by one party, in the absence of the other party, which is generally forbidden. Exculpatory Clauses A contractual clause that releases one party from liability in case of wrongdoing by the other party involved. Execu8ve Order An order issued by the President or Governor to direct ac8on of government agencies. Executor (male)/Executrix (female) Personal representa8ve named in a will. Exhibit A document, record or other tangible object formally introduced as evidence in court. Expert Witness A witness qualified by knowledge, skill, experience, training or educa8on to provide a scien8fic, technical or other specialized opinion about the evidence or an issue of fact. Express Condi8on A condi8on that is clearly stated in the language of the contract that defines a par8cular circumstance that either creates or removes an obliga8on for one or more of the contrac8ng par8es. Fact Finder Generally, another term for juror. ___ ___s hear tes8mony and review evidence to issue a decision/render a verdict on the collec8ve factual issues/the defendant's guilt or innocence.
legal term "act of God" (such as flooding, an earthquake, or a volcanic erup8on), preven8ng one or both par8es from fulfilling their obliga8ons under the contract. Foreclosure The forced sale of real estate to pay off a loan on which the owner of the property has defaulted. Foreign Corpora8on A corpora8on incorporated in one state, but doing business in other states or jurisdic8ons. Foreperson The juror who chairs the jury during delibera8ons and speaks for the jury in court by announcing the verdict. Foreseeability The ac8on by which, under par8cular circumstances, would produce an an8cipated result such as an injury to someone. Form 706 Federal estate tax return. Franchise A party that owns a trade name or trademark (the franchisor) may contract with a party that wishes to sell, distribute or provide services and/or products using the trade name or mark (franchisee). Freelance Paralegal A paralegal who does contract work for lawyers. General Lien A lien that is not secured by any par8cular parcel of real property and, therefore, may affect all nonexempt property of a debtor. An example of a ___ ___ is a lien for federal estate taxes. If these taxes are not paid, the United
States government may go aQer any nonexempt property of the decedent's estate, as full or par8al sa8sfac8on of the debt. General Partnership Partnership in which management responsibili8es and profits are equally divided among the partners; all partners have unlimited personal liability for the partnership's debts. General Warranty Deed A type of deed by which the grantor states that he/she has valid 8tle and will defend that 8tle against defect arising from the ac8ons of the grantor or those of the grantor's predecessors. A ___ ___ ___ provides the greatest degree of protec8on for the grantee. GiQ Transfer of property without considera8on. Grand Jury A body of people (usually 16 to 23) who are chosen to sit for extended periods of 8me and who, in ex parte proceedings, decide whether to issue indictments in criminal cases. Grantee The person to whom the real property is to be conveyed. Grantor The person or en8ty that transfers ownership of the real property. Gross Negligence A higher degree of disregard, inadvertence and indifference to a legal duty and the consequences of ignoring the legal duty. Guardian Ad Litem Competent adult appointed by a court to represent an incapacitated person during li8ga8on.
