Upgrade to remove ads
Real Estate Law (Aalberts), Ch 1
Terms in this set (31)
A body of rules of action or conduct prescribed by controlling authority and having binding legal force. That which must be obeyed and followed by citizens subject to sanctions is a law.
A law that applies generally to the people of a nation or of a state; the law. Concerned with the organization of the state, the relations between the state and the people, the responsibilities of public officers, and the relationship between states.
The law governing relations between private individuals.
An act of a legislative body declaring, commanding, or prohibiting something.
The body of law created by administrative agencies in the form of rules, regulations, orders, and decisions to carry out regulatory powers and duties of such agencies.
Information that enables researchers to find the volume and pages where cases are published.
The legal system originating in England after 1066. Judge-made law created when there is no controlling constitutional, statutory, or other law.
To abide by or adhere to decided cases. Doctrine holding that when a court has once laid down a principle of law as applicable to a certain state of facts, the court will adhere to that principle and apply it to all future cases where facts are substantially the same, regardless of whether the parties and property are the same.
Defines the powers of courts to inquire into the facts, apply the law, make decisions, and declare judgment. It is the legal right by which judges exercise their authority.
A rule that a final judgment rendered by a court of competent jurisdiction on the merits is conclusive as to the rights of the parties and their privies and as to them constitutes an absolute bar to a subsequent action involving the same claim, demand, or cause of action.
Justice administered according to fairness created in order to temper the strictly formulated rules of the English common law.
A court order prohibiting someone from doing some specified act or commanding someone to undo some wrong or injury.
A type of injunction ordering the defendant to perform a specific act.
diversity of citizenship
A phrase used with reference to the jurisdiction of the federal courts, which, under U.S. Constitution Article III, section 2, extends to cases between citizens of different states, when the party on one side of the lawsuit is a citizen of one state and the party on the other side is a citizen of another state or between a citizen of a state and an alien (a citizen of another country).
That part of the law that creates, defines, and regulates rights and duties of parties, as opposed to procedural law, which prescribes the method of enforcing the rights or obtaining redress for their invasion.
Law that prescribes processes for enforcing rights or gaining redress for those who have their rights violated.
A proceeding in a court of law in which one seeks a remedy for an alleged wrong
The original or initial pleading setting forth a plaintiff's claim for relief against the defendant.
A pleading responding to the plaintiff's claim set forth in the complaint.
A party the original defendant claims is liable for all or part of the damages that the plaintiff may win from the original defendant.
A procedural device available for the prompt disposition of an action without a trial when there is no dispute as to material facts or inferences to be drawn from material facts or when only a question of law is involved.
The pretrial devices that can be used by one party to obtain facts and information about the case from the other party.
A pretrial device in which one party orally questions the other party or a witness for the other party.
A discovery device consisting of written questions generally submitted to one side of the lawsuit from the other.
subpoena duces tecum
A discovery device in which the court commands the production of specified documents or goods or allows the inspection of real property.
The entry of a verdict by a trial judge, prior to allowing the jury to decide the case, when the party with the burden of proof fails to present a prima facie case.
writ of execution
The process of carrying out a judgment of the court. An officer of the court is ordered to take the losing party's property to satisfy the judgment debt.
The satisfaction of a debt out of a losing party's property possessed by or owed by another.
An agreement to terminate all or part of a lawsuit as a result of the parties' voluntary resolution of the dispute.
The submission of a dispute to an impartial third party; both parties generally agree in advance to abide by the arbitrator's decision.
The process whereby a neutral third party aids and encourages parties to a dispute to reach a mutually satisfactory outcome.
THIS SET IS OFTEN IN FOLDERS WITH...
Real Estate Law (Aalberts), Ch 2
Real Estate Law (Aalberts), Ch 3
Real Estate Law (Aalberts), Ch 4
Real Estate Law (Aalberts), Ch 5
YOU MIGHT ALSO LIKE...
Legal studies test 1
Business Law Chapter 1 Vocabulary
Bus 18 Exam #3
OTHER SETS BY THIS CREATOR
Real Estate Law (Aalberts), Ch 8