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LEGAL TERMS

Acceptance - voluntary act by offeree exercising power to create a contract; an acceptance is effective upon dispatch to the offeror.

Accessory before and after the fact - common law theory of criminal liability where one party who acts in concert with another is held to be an accessory either before or after the crime. Accessory before the fact is one who solicits, encourages or aids the perpetrator in committing a crime; accessory after the fact is one who assists known criminals to avoid apprehension or conviction.

Accomplice liability - theory of liability which holds that a party, though not a perpetrator of crime, is vicariously guilty of the crime.


Accomplice liability - theory of liability which holds that a party, though not a perpetrator of crime, is vicariously guilty of the crime.

Actual intention to commit a crime - state of mind described as "intentional" "purposeful" "knowingly" "willfully" or "deliverately" requires that the actor actually intend to commit the actus reus, or knows that it is substantially certain to result from his conduct.

Actus Reus - the "act" requirement of a crime.

Additur - where defendant agrees to greater damages to avoid court's granting of plaintiff's new trial motion.

Adverse possession - method by which non-owner may obtain ownership of land which he occupies adversely.

Affidavit - declaration of facts made by a person, usually made under penalty of perjury or taken before one qualified to take statements under oath.

Affirmative act - act performed voluntarily.

Affirmative act - voluntary act, absence of mistake, coercion, duress or accident.

Affirmative easement - allows easement holder to make affirmative use of a servient estate.

Agent - one who acts legally on another's behalf.

Aiding and Abetting - theory of criminal liability where one party who acts in concert with another is held criminally responsible for the foreseeable acts of the other.

Ancillary jurisdiction
- gives the court power over ancillary matters such as counter claims where court has jurisdiction over the principal action.

Annotations - summaries of the law and/or facts.

Answer - defendant's written response to plaintiff's complaint.

Appellant - Party appealing to a higher court.

Appellee - Party against whom an appeal is taken.

Application - Explanation of legal reasoning as applied to the facts of the case or issue.

Arrest - defence based on probable cause to arrest for crime.

Arrest - the act of physically placing a person into police custody.

Arson - malicious burning of dwelling house of another.

Assault - act w/intent to place P in apprehension of an immediate harmful or offensive touching.

Assault - act of perpetration w/specific intent to commit an act which would be a battery or a menacing act or gesture w/specific intent to produce in another fear of an imminent battery.

Assignment - where one party assigns a right to receive performance from another party.

Assumption of the Risk - defence to negligence action where one knowingly and subjectively accepts the risk of a particular act.

Attempt - act in the direction of perpetrating an intended crime.

Battery - intentional or criminally negligent application of unlawful force to person of another.

Battery - act w/intent to touch another resulting in harmful or offensive touching.

Bilateral contract - an agreement with is accepted by a promise, i.e. I promise to Eddie $5 when he mows my lawn.

Blue book - nickname for book published by Harvard Law Review Association, entitled "A Uniform System of citation."

Bonafide Purchaser - good faith purchaser of land who pays valuable consideration for land.

Breach - failure to perform contractual duty or obligation.

Breach - where one party fails to fulfill a legal duty to another.

Brief - concise statement summarising a case decision.

Brief - legal document containing statement of facts, points of law and arguments raised by counsel.

Burden of proof - in a criminal case, proof beyond a reasonable doubt must support an accused's conviction.

Burglary - at common law, the trespassory breaking and entering into the dwelling house of another at nighttime.

Business torts - torts for injury to business relations; includes torts of injurious falsehood, interference with contract rights and interference with economic advantage.

But For rule - rule of causation, which determines whether "but for" the defendant's act, a particular injury would or would not have occurred.

Case - a legal action.

Causation - refers to the requirement that a party cause the tortious injury or damage.

Causation - the requirement that defendant's conduct must be the legal cause and proximate cause of the criminal act.

Chattel - French word meaning property.

Citation - legal citation which usually indicates in shorthand the location of a particular case or section within a book.

Citizenship - refers generally to place of abode or residence.

Class action - law suit where one or more members of a numerous class, having a common interest in the subject of the lawsuit, sue or defend on behalf of the class.

Collateral attack - permits defendant to challenge default judgment against him on grounds that court lacked jurisdiction.

Collateral estoppel - doctrine which prohibits relitigation of a factual issue which was already decided on its merits.

Common carrier - business which transports people.

Common Law - that body of precedent and case law which originated and developed in England.

Comparative negligence
- defence to negligence action which compares negligence of plaintiff and defendant in terms of blameworthiness.

Complaint - plaintiff's pleading setting forth causes of action against defendant.

Compulsory counterclaim - counterclaim which arises from the same transaction or occurrence as the plaintiff's claim and must be asserted by defendant or is waived.

Concurrence - requirement that the mental element of a crime must occur at the same time as the required act.

Condition - an event or circumstance which must occur before the duty to perform arises. Three types: express, implied or constructive conditions. Express conditions arise from the express language of the contract; implied condition are those factually inferable from the contract as necessary or as matters of good faith and cooperation; constructive conditions are those created by operation of law, in the interests of fairness and justice.

Condition concurrent - contingency which must be satisfied at the same time that performance occurs, i.e. I agree to give A my car when he gives me $5000.

Condition Precedent - contingency other than passage of time which must occur before a present contract duty matures, i.e. B must perform if she earns money this year.

Condition Subsequent - contingency which releases party from performing a matured duty, i.e. I agree to give C $5 a month unless she dates D.

Consent - defence whereby party agrees or is said to agree to tortious conduct.

Consideration - requirement that a legal agreement be supported by value given and received by both parties.

Conspiracy - agreement for an unlawful purpose.

Constructive eviction - occurs where the landlord's conduct substantially interferes with tenant's enjoyment of the property.

Contingent remainder - remainder subject to a condition precedent or taken by an unborn or unascertained person.

Contra - Latin word meaning "contrary to" or on the other hand.

Contract - an agreement for consideration between competent parties to do, or refrain from doing, a lawful act.

Contributory negligence - defence alleging that party bringing negligence suit was in fact negligent, contributing to the injuries complained of.

Conversion - Act w/intent to assert control over a chattel which in fact belongs to the plaintiff
resulting in substantial injury to the chattel.

Conveyance - transfer of land.

Counterclaim - cause of action asserted by defendant against plaintiff.

Counteroffer - offer which "counters" or is made in response to an rejected offer.

Court trial - trial decided by judge.

Covenant - agreement between two parties relating to land; covenants may either be "personal" or may "run with the land." A "personal" covenant does not transfer down to a successive owner of the estate, whereas a covenant which "runs with the land" is binding and enforceable against a successive owner of the land.

Criminal homicide - killing of a human being by another w/criminal intent.

Criminal negligence - state of mind, also referred to as "culpable negligence" "gross negligence" and even as recklessness, which requires that at the time the actus reus is performed, the defendant should have been aware that his conduct created a high probability that the actus reus would occur.


Damages
- award of money damages is the normal remedy for breach of contract.

Damages - financial measure of injuries in tort law.

Deed - written document transferring title to land.

Defamation - Publication to a third person by Defendant defaming Plaintiff, capable of being
understood by third persons in defamatory sense, causing damage to P's reputation.

Defamation per quod - where a statement is not defamatory on its face, but must be explained to demonstrate injury to plaintiff.

Defeasible - estate subject to the possibility of being taken away.

Defendant - the party, person or entity against whom a legal action is brought.

Defences - Excuse or justification raised by Defendant, barring Defendant's tort liability against Plaintiff.

Defences to a contract - includes illegal contracts, fraud, lack of consent, statute of frauds,lack of capacity, unconscionable contract, mistake.

Delegation - where one party delegates his duty to perform to another.

Delivery of deed - grantor's intention that deed shall operate as a conveyance.

Demand Letter - letter written by attorney informally advising opposing party of the cause of action, requesting redress prior to the filing of the lawsuit.

Deposition - an oral or written examination of a party or a witness under
oath that takes place out of court.

Detrimental reliance - where party reasonably relies on an representation or promise to his or her detriment.

Dicta - Latin word taken from ober dicta, which refers to those portions of a case or legal opinion which are unnecessary to the decision in the case and therefore are not binding precedent on future decisions.

Diminished Responsibility - mental illness short of insanity may be asserted in homicide case to mitigate the charge.

Directed verdict - motion is granted when evidence reveals that one party must prevail over the opposing party who has presented its case.

Discharge - occurs where some circumstance releases or discharges a party from performing a contract obligation. Circumstances include impossibility, frustration of purpose, subsequent agreement of the parties, impracticality and condition subsequent.

Disclaimer - provision in contract purporting to absolve party of liability or clarifying terms of contract.

Domicile - place of residence.

Dominant tenement - land whose owners benefitted by an easement.

Duress - defence to a contract where contract entered into due to threat or force. b(or coercion) - defence to a crime not involving serious violence where crime committed as a result of threat of death or serious bodily harm.


Easement
- right to use another's land.

Easement in appurtenant - easement which is which is attached to a piece of land and benefits the owner of such land in her enjoyment and use of the land.

Easement in gross - easement which is unrelated to any land owned by easement holder, i.e. easement giving holder the right to remove gravel form the land.

Eggshell Theory - rule holding that the Defendant takes Plaintiff as he finds her; in other words, that Plaintiff's handicap or special circumstances causing even unforeseen injury to Plaintiff is no defence. Based on case where Plaintiff had a thin "eggshell" skull.

Elements - components of a cause of action or defence. For example in Negligence the elements are Duty, Breach of duty, Proximate cause. If plaintiff fails to prove either one of them there is no cause of action and the defendant prevails.

Embezzlement - conversion of personal property of another by person in lawful possession (resulting from fiduciary relationship) w/specific intent to defraud.

Eminent domain - power of government to take private property for public purposes.

En Banc - when all judges are present and participate in a case decision.

Entrapment - defence to a crime where one commits an act at the instigation of police.

Equitable servitude - agreement between to parties not to do something which can be enforced without privity of estate.

Erie doctrine - holds that federal courts must apply state statutes and case law to nonfederal causes and defences.

Estoppel by deed - if grantor conveys land which he does not own but later acquired, the land goes to the grantee upon acquisition.

Exception - that which is excluded from application of a general rule or principle.

Excuse - where the occurrence of a condition is "excused," releasing party to whom performance is owed. "Excuses" include prevention of performance, anticipatory repudiation, waiver, disablement, impossibility and estoppel.

Executory interest - future estate in a party other than the grantor which becomes possessory when a grantee of a vested remainder or defeasible fee is divested of her estate.

Extortion - use of threats of future harm w/specific intent to induce another to give up property.


False Imprisonment
- act/omission w/intent to confine someone resulting in actual confinement of Plaintiff.

False Imprisonment - intentional use of force to confine person of another.

False pretenses - fraudulent misrepresentation of past or present fact causing the victim to pass title to personal property, made w/specific intent to defraud.

Family purpose doctrine - owner of vehicle is liable for the negligent acts of family members using the vehicle for family purposes.

Federal Rules of Civil Procedure - rules of procedure which apply to the federal court system.

Fee simple - estate of absolute ownership.

Fee Tail - estate which passes by descent only to lineal descendants, abolished at modern law.

Felony - designated serious crimes which carry state prison sentence or sentence which exceeds one year.

Fixture - personal property which is regarded as part of real property, which passes with the property to which it is attached.

Forgery - making of a false writing having apparent legal significance with intent to defraud.

Form books - books which contain examples of various legal documents and written instruments.

Forum - court.

Fraud - defence to a contract where party entered into contract based on false impression of contract terms induced by the other party.


Garnishment
- legal action which allows a debtor's wager, money or property to be applied against a debt owed to a third party.

General appearance - where defendant appears in court waiving all jurisdictional objections.

General intent - state of mind when one commits the actus reus without justification or excuse; general intent crimes include rape, battery and other crimes which require the defendant only to intent the act which causes the actus reus.

Governmental immunity - body of law which immunizes state and federal governments from tort liability.

Grantee - person receiving a grant of land.

Grantor - person making a land grant.

Guaranty contract - a written promise to answer for another's debt.


Habeas Corpus
- application to obtain the release of a person
unlawfully imprisoned.

Holding - decision or conclusion of the court.

Illusory promise - unenforceable promise where promisor may avoid suffering any legal detriment, "If I feel like buying one, I will.

Immunity - removal of liability for tortious conduct.

Implied covenant of habitability - implied agreement in residential lease that the premises are fit for living purposes.

Implied reciprocal servitude - describes an implied restriction on land, where there is a common plan, if one lot is restricted in some fashion, a similar restriction is implied on remaining land.

In personam jurisdiction - gives the court power over a defendant.

In rem - gives the court power over property located in the state.

Indemnity
- where defendant who has paid all or part of a claim recovers payment from a third party.

Indispensable party - unavailable party whose absence will prevent the court from rendering an effective judgment.

Infra - latin word which refers the reader to an upcoming citation or part of a book or document.

Insanity - defence to a crime where mental illness has affected the accused's mind; four rules

Intent - refers generally to a person's state of mind.

Intentional Infliction of Emotional distress - intentional tort involving the intentional causing of emotional distress to another.

Inter alia - latin word meaning, "among other things."

Interpleader - person who holds property subject to conflicting claims may bring all claimants into court in order to avoid double liability.

Interrogatories - written questions which must be answered under oath by the party to whom they are sent.

Intervention - procedure where a third party, the intervenor, is permitted on her own motion to join the pending lawsuit.

Intestate succession - statutory scheme setting forth inheritance rights of survivors where testator dies without a valid will.

Intoxication - defence to a crime where actor is either involuntarily intoxicated through force, mistake or fraud, or where actor's voluntary intoxication negates the specific intent element of a crime.

Inverse condemnation - where severe land use restrictions constitute a taking and entitle the landowner to damages or just compensation.

IRAC - standard abbreviation for Issue, Rule Application, Conclusion.

Issues - questions presented by a legal problem.

 

Joinder - procedure of joining parties or claims in a law suit.

Joint Enterprise - doctrine which holds those who act in concert vicariously liable for the torts of others committed during the course of an enterprise.

Joint tenants - jointly owned estate where each tenant owns the entire estate, subject to the right of survivorship.

Jurisdiction - power of the court to make legally binding decisions, or the geographic area in which the court's decision is binding.

Jury instructions - instructions of law given to the jury.

Jury selection - process by which the jury is selected.

Jury trial - trial by jury.

Kidnapping - false imprisonment accompanied by asportation (movement) of the victim.

Knowledge - state of mind when one either perceives a certain fact or deliberately avoids discovery of the fact, i.e. crime of receiving stolen property requires that defendant knew or should have known that property was stolen.

Landlord
- lessor of land.

Larceny - trespassory taking and carrying away of another's personal property with intent to deprive him/her of it permanently.

Larceny by conversion - conversion of personal property by person in lawful possession with specific intent to defraud.

Larceny by trick - use of fraud to obtain temporary delivery of possession of another's property with intent to deprive him of it permanently.

Lateral support, right to - right to have land supported in natural state by adjoining land.

Liability, joint/several - general principle of tort law which holds several defendants who tortiously cause one harm may be held either jointly or severally liable for such harm.

Libel - written defamation (as opposed to slender which is oral).

License - personal privilege to use land granted by a landowner to another.

Licensee - one who has a license in property interest of another.

Life estate - estate owned for life.

Limited appearance - allows Defendant to appear in a quassi-in-rem case and limit judgment against him by the property attached by Plaintiff.

Local Action Rule - jurisdictional rule that holds where an action involves injury to real property, the action must be tried in the forum where the property is located.

Local rules - rules of court which govern procedure of locality.

Long arm statute - state law which sets forth when a court's jurisdiction may be exercised.

Malum in se - crime which is inherently wrong, i.e. murder.

Malum prohibitum - crime which prohibits morally neutral activity which is proscribed by legislature as a means of prohibiting some other evil, i.e. driving under the influence of alcohol.

Marketable title - title reasonably free from doubt that a well-informed, reasonably prudent buyer would accept.

Mayhem - maiming or disfiguring another with malice.

Memorandum of Points and Authorities - legal document setting forth law and arguments of a party.

Mens Rea - the "intent requirement of a crime.

Merger - describes concept whereby one offense whose elements are included in a second offense merges into that second offense, i.e. solicitation merges into conspiracy.

Merger, Doctrine of - rule which holds that if two successive estates are held by the same individual, they merge.

Minimum contacts test - the criteria by which it is determined whether a defendant may constitutionally be required to submit itself to a court's decision.

Misrepresentation - torts of intentional and negligent misrepresentation provide remedy where plaintiff justifiably relies upon defendant's misrepresentation.

Mistake of fact - defence to a specific intent crime if supported by an honest belief; a defence to a general intent crime only if the mistake is reasonable.

Mistake of law - not a defence to crime unless mistake is honest and specific intent crime involved, or where mistake based upon reliance on government pronouncement or failure of government to inform public of law or where knowledge 9of the law is a defence.

Modern Law - recent law.

Modern Law: Recent Law as opposed to the early common law.

Modus operandi - a criminal's method of operating.

Mortgage - financial relationship where mortgagor borrows money to purchase land from mortgagee, who may satisfy debt from land if loan is not repaid.

Motion: - a formal request made to the court to have an issue pertaining to a pending law suit decided by the court.

Necessary party
- available party whose joinder is desirable to enable the court to grant complete relief or would avoid risk that party before court would be impaired in its ability to defend.

Necessity - defence to a crime when crime committed in order to avoid a greater evil.

Necessity - defence whereby actor's tortious conduct is privileged to avoid a greater evil.

Negative easement - prevents owner of servient tenement from using the land in a certain manner; the five negative easements include light, air, subjacent or lateral support, and flow of an artificial stream.

Negligence - careless conduct; breach of duty of due care which is the actual and proximate cause of Plaintiff's injuries.

Nonsuit - motion which is granted where Plaintiff has presented its case but failed to show a right to relief.

Notice - requirement that interested parties be informed of pendency of an action.

Nuisance - cause of action for substantial interference with plaintiff's right to use and enjoy land

Omission
- failure to act.

Opinion - a written expression explaining why a court reached a particular decision.

Others, defence of - defence where one party acts to defend another.

Outlines - Summaries of materials which generally contain a conceptual review of the law.

Partition - physical division of property.

Party Wall - wall which is built along boundary lines between two properties, used by both owners of the properties.

Pendent jurisdiction - gives the court power to decide non-federal claims where there is proper federal subject jurisdiction over a related claim.

Per curiam - a case opinion where the author is not identified.

Permissive counterclaim
- counterclaim which may be asserted by defendant.

Permissive party - available party who has some interest in the action and it would be convenient to settle their rights in one action.

Personal Jurisdiction - refers to the power of a court to subject a particular defendant or items of property to its decision.

Plaintiff - party instituting legal action.

Pleading - the complaint, answer, responses to counter - claims/cross-claims, responses to defences; two types - fact pleading requires a statement of the facts setting forth the cause of action or defence in ordinary and concise language; notice pleading requires only a short and plaint statement of the nature of the claim.

Prayer for relief - statement in pleadings setting forth relief sought.

Pretrial conference - meeting between the parties, their attorneys and the judge prior to trial to familiarise parties and the court with the issues involved in the case.

Prima Facie Case - what Plaintiff must prove to prevail on cause of action.

Privacy torts - causes of action for invasions of privacy; includes torts of intrusion, public disclosure of offensive private facts, placing Plaintiff in false light; appropriation of Plaintiff's name or likeness.

Problem solving Approach - an legal approach which is used to solve legalproblems.

Products Liability - area of law involving tortious injuries caused by use of products; includes the separate torts of Misrepresentation, Breach of Express Warranty, Strict Products

Profit - in appurtenant - profit is attached to a piece of land and benefits the owner of the land in his use and enjoyment thereof.

Profit - the right to take something from the land of another.

Profit in gross - profit is unrelated to any land owned by the profit holder.

Property, defence of - defence whereby actor acts to prevent injury to real or personal property.

Protective order - order which protects a party or witness from annoyance, embarrassment or oppression.

Proximate cause
- rule of causation which determines whether the act in question was the legal cause of plaintiff's injuries.

Quasi-in-rem - gives the court power to determine rights of particular persons relating to specific property within the court's control.

Quitclaim deed - document which releases whatever interest the grantor has in land.

Quo warranto action - civil suit brought to decide by what authority a person holds an office or presumes to act.

Rape
- sexual intercourse with female not his wife when he knows or should know it is without consent.

Real party in interest
- a party who has the right to enforce the claim that is the subject matter of the action.

Reasonable person - refers to hypothetical reasonable person used to objectively evaluate conduct, i.e., how would a reasonable person act?

Receiving stolen property
- receiving of property knowing it to be stolen with specific intent to permanently deprive the owner thereof.

Recording acts - laws which require a party to publicly record interest in land; three major types include: notice, race-notice and race statutes.

Red Herring - refers to a fact or circumstance which misleads or deceives the reader.

Release - occurs when plaintiff surrenders a claim against a party receiving it.

Remainder - future interest created in one other than the grantor upon the termination of a prior estate.

Remittitur - where plaintiff agrees to lesser damages after a jury verdict to avoid court's granting of defendant's motion for a new trial.

Removal - procedure which allows the defendant to remove a case from state to federal court when certain conditions are met.

Res Ipsa Loquitur - the thing speaks for itself; refers to a manner of proving negligence when (1) Defendant is in exclusive control of instrumentality and (2) type of accident does not occur
unless someone is negligent.

Res Judicata - "a thing decided," prevents parties from relitigating the same cause of action or from splitting a cause of action.

Respondent Superior - doctrine which holds employer liable for torts committed by employee within course of employment.

Reversion - remaining estate when an estate less than a fee simple absolute is granted.

Right of re-entry - right of grantor to re-enter land and take possession.

Right of survivorship - characteristic of joint tenaancy and tenancy by the entirety in which the estate goes to the surviving tenant.

Robbery - larceny from the person or presence of another by the use of force or intimidation upon him.

Rule - rule of law.

Rule against perpetuities - no interest is good unless it must vest, if at all, not later than 21 years after some life in being at the creation of the interest.

Satisfaction
- plaintiff's acceptance of full compensation for injury.

Self-defence - defence where party acts to protect itself from bodily harm.

Servient tenement - land whose owner is burdened by an easement.

Shifting executory interest - executory interests which divests a third person of his estate.

Slander - oral defamation.

Socratic Method - teaching method which begins with a general principle agreed upon by all, and employs deductive reasoning and specific examples to explore the correctness or depth of general principle.

Solicitation - inciting another to commit any felony or misdemeanor involving breach of the peace.

Special appearance - where defendant appears in court only to challenge jurisdiction without waiving jurisdiction.

Specific intent - some crimes require a double intent -- both an intent to commit the actus reus and a specific intent to accomplish a further goal. for example, burglary requires the actor to perform the acts constituting the burglary, and also that the actor have the specific intent to commit a felony or theft inside the structure at the time of the entry. Specific intent crimes also include assault, murder, attempt, conspiracy, theft and solicitation.

Stakeholder - person in interpleader action seeking to institute interpleader action.

Standard of Care - sets forth defendant's duty to act reasonably in a negligence action.

Standing to sue
- requirement that the plaintiff have a stake in the subject matter of the law suit.

Stare Decisis - Common law doctrine which holds that courts of law are bound by general principles of law which have previously been decided. Stare Decisis means "to stand by."

State of the Art - defence to products liability tort which permits the fact finder to consider evidence of the state of scientific and technological knowledge at the time the product wasmade.

Statute of Limitations - statute which limits the time in which a cause of action may be brought.

Statutory rape - sexual intercourse with female under age specified by law.

Strict Liability - basis of tort liability where party is held strictly liable regardless of the absence of any mental requirement; in other words, the party is held liable based on conduct alone. This basis is used where a dangerous activity such as nuclear power, is involved.

Strict liability - crimes which have no mens rea or intent requirement, i.e. bigamy, statutory rape adultery, traffic violations.

Subjacent support, right to - right to have underground support of land.

Subject matter jurisdiction - gives the court power to determine a certain type of case.

Subpoena - legal document summoning party/witness to appear in court.

Subpoena duces tecum - legal document used to compel a witness to produce specific documents for inspection.

Substantial Factor - rule of causation which holds that if either one of two acts cause an injury it is sufficient that the defendant's conduct was a substantial factor in causing such injury.

Substantive law - law which establishes the legal obligations and rights of persons as
opposed to procedural law which establishes the rules and procedure by which those rights
are litigated through the formal judicial process.

Summary Judgment - judgment where no triable issue of material fact exists as a matter of law.

Supra - word which refers the reader to a previous citation or part of a book or document.

Tenancy by the entirety
- jointly owned estate between husband and wife with right of survivorship.

Tenancy in common - jointly owned estate where each tenant owns a separate, alienable interest.

Tenant - lessee of land.

Tort - a private wrong.

Tortious - conduct involving a tort.

Transferred intent - concept whereby actor's tortious intent towards one party is transferred to injured party.

Transferred Intent - doctrine which holds that defendant who aims criminal act at one person but causes it to another will be treated as if he intended to injure that other person.

Trespass to Chattels - act which invades Plaintiff's possessory interest in movable personal property resulting in injury.

Trespass to Land - act which invades Plaintiff's possessory interest in land.

Trial Court - The court in which the cause of action was tried - 'trials are in the lower court".

Ultra Vires
- defence to a corporate contract where subject matter of contract outside legal powers of a corporate party.

Unconscionable contract - contract which is one-sided and inherently unfair.

Unilateral contract - an agreement which is accepted by the act of performing, i.e. pay me $5 when I mow your lawn.

Uttering - offering a known false instrument as genuine with intent to defraud.

Variance in proof
- occurs when what has been proven at trial differs from the pleadings.

Venue - location of court proceeding.

Verification - affidavit under oath or penalty of perjury stating that allegations in pleadings are true.

Vested remainder - remainder to an ascertained & existing person.

Vested remainder subject to open - remainder to a group of people at least one of whom exists and can be ascertained.

Vicarious Liability - liability for the actions of another.

Wantonness
- known alternatively as "wanton" "reckless" and "willful,," this state of mind requires the actor to commit an act which creates a high probability that the actus reus will occur. Some states require that the defendant be subjectively aware of this risk.

Waste - damage or injury to real property.

Widget - an item or a thing.

Work Product - materials prepared by an attorney for trial that disclose the theories, mental impressions or litigation plans of the attorney.

Worthier Title, doctrine of - grantor cannot give a remainder to her own heirs.

 

 
 

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