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46 terms

Legal Survey - C

STUDY
PLAY
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