Legal Survey - C

46 terms by Paralegal 

Create a new folder

Advertisement Upgrade to remove ads

Capital Crime

A crime for which the death sentence can be imposed.

Cashier's check

Drawer & drawee are same bank

Causa mortis gift

Conditional gift subject to a condition that the giver die from condition he expected to die from (different from a gift in a will)

Caveat Emptor

Let the buyer beware - old common law

Certified check

Check accepted for payment by a bank (bank promises to cash it)

Charging the jury

The judge informs the jurors of the law they need to know to make their decision

Check

A specialized form of a draft in which a bank depositor names a specific payee to whom funds are to be paid from the drawer's account; it is an order to pay

Clear title

Aka marketable title, an ownership right that is free from encumbrances or other defects

Closely held corporations

Relatively small operations in which one person or the members of one family own all the stock

Closing statement

An itemized allocation of all the costs and moneys exchanged among the various parties, including financial institutions and real estate brokers, when a property is sold

Co-makers

Of a note...both are liable

Codicil

A supplement or addition to a will that modifies, explains, or adds to its provisions. (Alternatively, the testator can destroy the old will and draft a new one.)

Collateral heir

One who has the same ancestors but does not descend from the decedent (siblings)

Commercial Impracticability

Termination of a contract because unforeseen conditions are as such that at least one party no longer receives any benefit (not applicable to market fluctuations)

Commercial paper

Refers to a variety of instruments (written documents) used for making payments

Commingling

Fungible - goods that are not unique (barrel of wheat)

Comparative Negligence

A method for measuring the relative negligence of the P and D, with a commensurate sharing of the compensation for the injuries

Compensatory damages

Direct, actual damages; promised performance-actual performance-mitigation+expenses

Compensatory damages

aka Actual Damages; awarded to P for the harm done to him

Complete defense

A defense that relieves the defendant of all criminal responsibility

Complete performance

Contract is terminated once executed

Condition precedent (pre-see-dent)

A provision of contract that suspends the coming into effect of a contract or a term of the contract unless or until a certain event takes place. (if...then)

Condition subsequent

A happening which terminates the duty of a party to perform (I will...unless)

Conditional fee estate

Current owner retains ownership only as long as certain conditions are met, if conditions are not met, ownership reverts to the previous owner (the grantor) through reversion; or is given to a third-party = remainder; Aka Fee Simple Defeasible

Confusion

Goods get not only commingled, but mixed into something new

Consequential damages

Aka special damages; indirect but foreseeable

Consideration

Anything of value; it must be present for a valid contract to exist, and each side must give it

Consideration

Anything of value; it must be present for a valid contract to exist, and each side must give it

Conspiracy

An agreement to commit an unlawful act

Constructive eviction

Effectively evicted because property is unfit to live in

Content neutrality

Laws may not limit free expression on the basis of whether the speech's content supports or opposes any particular position

Contract

An agreement that can be enforced by law

Contract

An agreement that can be enforced by law

Contract reformation

When court is allowed to "rewrite" contract provisions to conform to what the parties understood or agreed to.

Contracts in restraint of trade

Contracts which have the effect of restricting a person's freedom to conduct business; void & unenforceable (violates public policy) if unreasonable

Contributory Negligence

P's breach of duty to protect himself was the proximate cause of the injuries; complete bar to P's recovery

Conversion

Taking someone else's property with the intent of permanently depriving the owner; civil side of theft

Copyrights

Give authors, etc. right to control their creations

Corporation

One or more owners, double taxation, limited to capital contribution

Corpus

The property of the trust

Covenant not to compete

A promise not to compete within a given geographical area for a specific time period; enforced if reasonable; violates public policy if unreasonable

Cover

UCC term for the finding of substitute goods

Creditor beneficiary

created where party A owes some debt to party C, and party A agrees to provide some consideration to party B in exchange for party B's promise to pay party C some part of the amount owed.

Crime

An activity that has been prohibited by the legislature as violating a duty owed to society and hence prosecutable, with the possibility of resulting incarceration or the payment of a fine.

Custodial interrogation

Questioning that occurs after a defendant has been deprived of his or her freedom in a significant way

Custody

Occurs when the defendant has been deprived of freedom in a significant way

Please allow access to your computer’s microphone to use Voice Recording.

Having trouble? Click here for help.

We can’t access your microphone!

Click the icon above to update your browser permissions above and try again

Example:

Reload the page to try again!

Reload

Press Cmd-0 to reset your zoom

Press Ctrl-0 to reset your zoom

It looks like your browser might be zoomed in or out. Your browser needs to be zoomed to a normal size to record audio.

Please upgrade Flash or install Chrome
to use Voice Recording.

For more help, see our troubleshooting page.

Your microphone is muted

For help fixing this issue, see this FAQ.

Star this term

You can study starred terms together

NEW! Voice Recording

Create Set