Comprehensive U.S. Legal System & Civil Law Principles for Students

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30 Terms

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Judicial

The branch of government that interprets laws.

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Case law

Law created by court decisions.

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Subject matter relevance

NOT a requirement for personal jurisdiction.

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Complaint

The first formal step in a civil lawsuit.

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Motion for summary judgment

A request to dismiss for lack of evidence.

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Deposition

A discovery tool that involves oral questioning under oath.

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Offer, acceptance, consideration

The three basic elements of a valid contract.

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Fraud

Makes a contract voidable.

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Specific performance

A remedy usually available when the subject matter is unique.

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Corporation

A type of business entity that limits owner liability.

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Directors and officers

Those who owe fiduciary duties in a corporation.

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UCC

Governs commercial transactions.

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Mens rea

The intent to commit the crime.

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Fifth Amendment

The constitutional protection that involves the right to remain silent.

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Beyond a reasonable doubt

The standard the prosecution must meet to prove guilt.

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Intestate

A person who dies without a will.

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Revocable trust

A trust that can be altered or terminated.

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Executor

The person who ensures a will is followed after death.

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Fence

An example of real property.

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Warranty deed

The deed that offers the most protection.

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Eminent domain

Allows government seizure of property with compensation.

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Comparative negligence

A defense to negligence.

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Defamation

The legal term for intentional harm to reputation.

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Strict liability

Applies to dangerous activities/products.

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Conflicts of interest

What paralegals must avoid.

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Attorney-client privilege

Protects confidential legal communication.

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Practice law

What paralegals must not do.

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Chapter 13

A type of bankruptcy that is a reorganization.

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Automatic stay

Prevents creditor collection.

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Secured creditor

Has a lien on collateral.