Real Estate Law Chapter 1 Vocabulary

A set of vocabulary flashcards defining key legal terms, sources of law, judicial procedures, and alternative dispute resolution methods from Chapter 1 Real Estate Law.

Law

A body of rules of action or conduct prescribed by controlling authority and having binding legal force.

Public Law

The law that concerns the government or its relations with individuals, which defines, regulates, and enforces rights in which the government (agency) is a party to the subject matter.

Private Law

Law that deals with relationships between individuals, such as contracts, property, and torts.

Law of Property

Law that regulates the ownership, employment, and disposition of property, including real property, tangible, and intangible property.

Fifth Amendment

A provision of the U.S. Constitution that requires just compensation for land taken for public purposes.

14th Amendment

A constitutional amendment that guarantees due process before taking away life, liberty, or property.

Statutory Law

Laws enacted by legislative bodies at the federal, state, or local level.

Administrative Law

Law created by administrative agencies in the form of rules, regulations, orders, and decisions to carry out regulatory powers and duties.

Citations

Information listing the volume and page where a legal decision may be found.

Common Law

Law originating from England based on the principle of stare decisis, or abiding by previously decided cases.

Civil (Roman) Law

A legal system distinguished from Common Law that decides cases based on a legal code.

Jurisdiction

The authority of a court to hear a case, decide facts, apply the law, and enter judgment.

Res Judicata

The legal principle that once a suit has been decided, the parties may not bring suit again regarding the same matter.

Equity

Justice administered according to fairness, created to temper the strict rules of English common law.

Injunction

A court order prohibiting someone from doing something, or commanding someone to undo a wrong or injury.

Specific Performance

A type of injunction ordering the defendant to perform a specific act.

Diversity of Citizenship

A situation in federal court involving legal disputes between parties from different states.

Substantive Law

Law which creates or defines rights.

Procedural Law

Law that provides a process for enforcing rights.

Action

A proceeding in a court of law by which one seeks a remedy for an alleged wrong.

Writ of Execution

The process of carrying out a court judgment.

Garnishment

The satisfaction of a debt from the losing party's property.

Settlement

An agreement to terminate all or part of a lawsuit as a result of the parties' voluntary resolution of the dispute.

Arbitration

The submission of a dispute to a neutral third party for a decision.

Mediation

A dispute resolution method where a neutral third party encourages the parties to settle.