The Handout Notes for BA-LLB student.

Tuesday, March 29, 2016

Basic Law Definition with V letter

Vacate

To set aside.

Venire

A writ summoning persons to court to act as jurors.

Venue

Authority of a court to hear a matter based on geographical location.

Verdict

A conclusion, as to fact or law that forms the basis for the court's judgment.

Veterans' Administration (VA)

The federal agency which administers a system of benefits for veterans and their dependents.

Visa

An official endorsement on a document or passport denoting that the bearer may proceed.

Void

Invalid; a void agreement is one for which there is no remedy.

Voidable

Capable of being declared invalid; a voidable contract is one where a person may avoid his obligation, as a contract between an adult and a minor.

Voir dire

The preliminary examination made in court of a witness or juror to determine his competency or interest in a matter. Literally, to speak the truth.

Voluntary bankruptcy

A proceeding by which a debtor voluntarily asks for a discharge of his debts under the Bankruptcy Code.


Basic Law Definition with U letter

Unconscionability

An absence of meaningful choice on the part of one of the parties to a contract, and contract terms which are unreasonably favorable to the other party.

Undue influence

Whatever destroys free will and causes a person to do something he would not do if left to himself.

Unfair labor practice

Actions by the employer which interfere with, restrain, coerce, or threaten employees with respect to their rights.

Unjust enrichment, doctrine of

The principle that one person should not be permitted to unjustly enrich himself at the expense of another, but should be required to make restitution for the property or benefit received.

Uniform Commercial Code (U.C.C.)

A uniform law governing commercial transactions. The U.C.C. has been adopted by all states except Louisiana.

Uniform Laws

Annotated Annotated uniform and model acts approved by the National Conference of Commissioners on Uniform State Laws.

Unilateral contract

An agreement by which one undertakes an express performance without receiving any express promise of performance from the other.

Union

An organization of workers formed for the purpose of collective bargaining.

United States Attorney

A federal district attorney appointed by the President to prosecute for all offenses committed against the United States; to prosecute or defend for the government all civil actions in which it is concerned and perform all duties of the district to which he/she is assigned.

United States Bankruptcy Court

The judicial body which hears matters pertaining to bankruptcy and reorganization.

United States Court of Appeals

Courts which hear appeals from federal district courts, bankruptcy courts, and tax courts.

United States Court of Appeals for the Armed Forces

Court which hears appeals from court marshal decisions .

United States Court of Claims

Court which hears actions against the U.S. Government.

United States Court of Customs & Patent Appeals

Court which hears appeals from all U.S. customs courts.

United States Court of International Trade

Court which hears cases concerning federal tariff laws.

United States District Courts

Courts which try both criminal and civil actions and admiralty cases.

United States Magistrate Judge

Courts given authority by 28 U.S.C. s 636. This court hears all preliminary criminal matters, but does not conduct felony trials, and any pretrial civil matters referred by the district court. If all parties consent, criminal misdemeanor and civil trials can be heard by this court.

United States Marshal's Service

Agency which serves civil and criminal process in federal courts.

United States Reports

Publication of court decisions of the United States Supreme Court.

United States Supreme Court

The highest court in the land, established by U.S. Constitution.

Unlawful detainer

A detention of real estate without the consent of the owner or other person entitled to its possession.

Unliquidated debt

Remaining not determined; unassisted or unsettled; in dispute as to the proper amount.

Unsecured debts

In bankruptcy, debts such as open accounts at department stores for which the debtor has not pledged collateral to guarantee payment.

Usury

Extraction of interest on a loan above the maximum rate permitted by statute.


Basic Law Definition with T letter

Tangible Personal Property Memorandum (TPPM)

A legal document that is referred to in a will and used to guide the distribution of tangible personal property.

Taxable income

The income against which tax rates are applied to compute tax paid; gross income of businesses or adjusted gross income of individuals less deductions and exemptions.

Tax Court of the United States

A judicial body which hears cases concerning federal tax laws.

Temporary relief

Any form of action by a court granting one of the parties an order to protect its interest pending further action by the court.

Temporary restraining order

An emergency remedy of brief duration issued by a court only in exceptional circumstances, usually when immediate or irreparable damages or loss might result before the opposition could take action.

Tender of performance

An offer or attempt to do what is required under a contract or under the law.

Testamentary capacity

The legal ability to make a will.

Testamentary trust

A trust set up by a will.

Testator

Person who makes a will (Female: testatrix).

Testimony

The evidence given by a witness under oath. It does not include evidence from documents and other physical evidence.

Third party complaint

A petition filed by a defendant against a third party (not presently a party to the suit) which alleges that the third party is liable for all or part of the damages plaintiff may win from defendant.

Title

Legal ownership of property, usually real property or automobiles.

Tort

A private or civil wrong or injury for which the court provides a remedy through an action for damages.

Trademark

A word, name, symbol, or devise used by a manufacturer to distinguish his goods from those sold by others.

Transcript

A written, word-for-word record of what was said. Usually refers to a record of a trial, hearing, or other proceeding which has been transcribed from a recording or from shorthand.

Transmittal form

Form required in certain courts for transmitting documents for filing.

Treatise

A formal and systematic book or writing containing a narrative statement on a field of law.

Trial

A judicial examination of issues between parties to an action.

Trial brief

A written document prepared for and used by an attorney at trial. It contains the issues to be tried, synopsis of evidence to be presented and case and statutory authority to substantiate the attorney's position at trial.

Trust

A legal device used to manage real or personal property, established by one person (grantor or settlor) for the benefit of another (beneficiary).

Trust agreement or declaration

The legal document that sets up a living trust. Testamentary trusts are set up in a will.

Trustee

The person or institution that manages the property put in trust.

Truth in lending

Statutes which provide that precise and meaningful cost of credit information be provided to the credit customer.


Monday, March 28, 2016

Basic Law Definition with S letter

Search warrant

A written order issued by a judge that directs a law enforcement officer to search a specific area for a particular piece of evidence.

Seal

To mark a document with a seal; to authenticate or make binding by affixing a seal. Court seal, corporate seal.

Sealing

The closure of court records to inspection, except to the parties.

Secondary authority

Legal encyclopedias, treatises, legal texts, law review articles, and citators. Writings which set forth the opinion of the writer as to the law.

Secured debts

In bankruptcy, a debt is secured if the debtor gave the creditor a right to repossess the property or goods used as collateral.

Securities and Exchange Commission (SEC)

A federal agency which monitors the securities industry.

Self-defense

The claim that an act otherwise criminal was legally justifiable because it was necessary to protect a person or property from the threat or action of another.

Self-incrimination, privilege against

The constitutional right of people to refuse to give testimony against them that could subject them to criminal prosecution. The right is guaranteed in the Fifth Amendment to the United States Constitution. Asserting the right is often referred to as "taking the Fifth."

Self proving will

A will whose validity does not have to be testified to in court by the witnesses to it, since the witnesses executed an affidavit reflecting proper execution of the will prior to the maker's death.

Sentence

The punishment ordered by a court for a defendant convicted of a crime.

Sequester

To separate. Sometimes juries are separated from outside influences during their deliberations. For example, this may occur during a highly publicized trial.

Sequestration of witnesses

Keeping all witnesses (except plaintiff and defendant) out of the courtroom except for their time on the stand, and cautioning them not to discuss their testimony with other witnesses. Also referred to as "separation of witnesses."

Service of process

The delivering of writs, summonses, and subpoenas by delivering them to the party named in the document. Also referred to as "service."

Settlement

An agreement between the parties disposing of a lawsuit.

Settlor

The person who sets up a trust. Also referred to as "grantor."

Shepardizing

Method for finding subsequent development of a legal theory by tracing status of a case as legal authority.

Sheriff

The executive officer of local court in some areas. In other jurisdictions the sheriff is the chief law enforcement officer of a county.

Sherman Act

The basic antitrust statute prohibiting any unreasonable interference, conspiracy, restraint of trade, or monopolies with respect to interstate commerce.

Sidebar

A conference between the judge and lawyers, usually in the courtroom, out of earshot of the jury and spectators.

Slander

Spoken defamation which tends to injure a person's reputation.

Small Business Administration (SBA)

A federal agency which provides assistance of all kinds, including loans, to small businesses.

Small Claims Court

A state court that handles civil claims for small amounts of money. People often represent themselves rather than hire an attorney.

Social Security

A system of federal oldage pensions for employed persons begun in 1935. A portion of the payment is deducted from the employee's salary and an equal portion is contributed by the employer.

Social Security Administration

The federal agency which administers the national social security program.

Social Security Tax

A payroll deduction based on gross wages paid; this amount is matched by the employer as required by the Federal Insurance Contribution Act (FICA).

Sovereign Immunity

The doctrine that the government, state or federal, is immune to lawsuit unless it give its consent.

Specific performance

A remedy requiring a person who has breached a contract to perform specifically what he or she has agreed to do. Specific performance is ordered when damages would be inadequate compensation.

Spendthrift trust

A trust set up for the benefit of someone who the grantor believes would be incapable of managing his or her own financial affairs.

Standard of proof

Indicates the degree to which the point must be proven. In a civil case, the burden of proof rests with the plaintiff, who must establish his or her case by such standards of proof as a "preponderance of evidence" or "clear and convincing evidence."

Standing

The legal right to bring a lawsuit. Only a person with something at stake has standing to bring a lawsuit.

Stare decisis

The doctrine that, when a court has once laid down a principle of law applicable to a certain set of facts, it will adhere to that principle and apply it to future cases where the facts are substantially the same. This is a defining characteristic of the common law system followed in the U.S., Great Britain, and a few other nations.

Status offenders

Youths charged with the status of being beyond the control of their legal guardian or are habitually disobedient, truant from school, or having committed other acts that would not be a crime if committed by an adult, i.e., smoking. Also referred to as minors or children in need of supervision.

Statute

Legislative enactment; it may be a single act of a legislature or a body of acts which are collected and arranged for a session of a legislature.

Statute of frauds

A statutory requirement that certain contracts must be in writing.

Statute of limitations

A statute which limits the right of a plaintiff to file an action unless it is done within a specified time period after the occurrence which gives rise to the right to sue.

Statutory

Relating to a statute; created or defined by a law.

Statutory construction

Process by which a court seeks to interpret the meaning and scope of legislation.

Statutory law

Laws promulgated by Congress and state legislatures. (See case law and common law.)

Statutory research

Research of legislation enacted by a state or the United States.

Stay

A court order halting a judicial proceeding.

Stipulation

An agreement between the parties involved in a suit regulating matters incidental to trial.

Strict liability

Concept applied by the courts in product liability cases that when a manufacturer presents his goods for public sale, he is representing that they are suitable for their intended use.

Strike

Highlighting in the record of a case, evidence that has been improperly offered and will not be relied upon.

Subject research

Research of matter by determining all law related to that matter by finding everything on the subject.

Subpoena

A command to appear at a certain time and place to give testimony upon a certain matter.

Subpoena Duces Tecum

A court order commanding a witness to bring certain documents or records to court.

Substantive criminal law

Law with the purpose of prevention of harm to society which prescribed punishment for specific offenses. The basic law of rights and duties as opposed to "remedial law" which provides methods of enforcement.

Substantive law

The statutory or written law that governs rights and obligations of those who are subject to it.

Summary judgment

A judgment given on the basis of pleadings, affidavits, and exhibits presented for the record without any need for a trial. It is used when there is no dispute as to the facts of the case and one party is entitled to a judgment as a matter of law.

Summons

Instrument used to commence a civil action or special proceeding; the means of acquiring jurisdiction over a party.

Support trust

A trust that instructs the trustee to spend only as much income and principal (the assets held in the trust) as needed for the beneficiary's support.

Suppress

To forbid the use of evidence at a trial because t is improper or was improperly obtained.

Surety Bond

A bond purchased at the expense of the estate to insure the executor's proper performance. Also referred to as "fidelity bond."

Suspension

A temporary loss of the right to practice law by an attorney.

Sustain

A court ruling upholding an objection or a motion.


Basic Law Definition with Q letter

Quantum meruit

Expression means "as much as he deserves," and describes the extent of liability on a contract implied by law.

Quid pro quo

What for what; something for something; giving one valuable thin for another. Quash To vacate or void a summons, subpoena, etc.

Quasicontract

An obligation created by the law in the absence of an agreement or contract; not based upon the intentions or expressions of the parties. Quasicriminal action A classification of actions such as violation of a city ordinance that is not also violation of a criminal statute, which are wrongs against the public punishable through fines but are not usually indictable offenses.

Quiet title action

A court proceeding to remove a cloud on the title to real property.

Quitclaim deed

A deed without warranty of title which passes whatever title the grantor has to another.


Basic Law Definition with O letter

Oath

A solemn pledge made under a sense of responsibility in attestation of the truth of a statement or in verification of a statement made.

Objection

The process by which one party takes exception to some statement or procedure. An objection is either sustained (allowed) or overruled by the judge.

Occupational Safety and Health Act (OSHA)

A federal law designed to develop and promote occupational safety and health standards.

Occupational Safety and Health Review Commission

The agency established by OSHA to adjudicate enforcement actions under the Act.

Of counsel

A phrase commonly applied to counsel employed to assist in the preparation or management of the case, or its presentation on appeal, but who is not the principal attorney for the party.

Official reports

The publication of cumulated court decisions of state or federal courts in advance sheets and bound volumes as provided by statutory authority.

On a person's own recognizance

Release of a person from custody without the payment of any bail or posting of bond, upon the promise to return to court.

Opening statement

The initial statement made by attorneys for each side, outlining the facts each intends to establish during the trial.

Opinion

A judge's written explanation of a decision of the court or of a majority of judges. A dissenting opinion disagrees with the majority opinion because of the reasoning and/or the principles of law on which the decision is based. A concurring opinion agrees with the decision of the court but offers further comment. (A per curiam opinion is an unsigned opinion "of the court.")

Oral argument

Presentation of a case before a court by spoken argument; usually with respect to a presentation of a case to an appellate court where a time limit might be set for oral argument.

Order

A mandate, command, or direction authoritatively given. Direction of a court or judge made in writing.

Ordinance

A rule established by authority; may be a municipal statute of a city council, regulating such matters as zoning, building, safety, matters of municipality, etc.

Overrule

A judge's decision not to allow an objection. Also, a decision by a higher court finding that a lower court decision was in error.



Basic Law Definition with N letter

National Labor Relations Board (NLRB)

A federal agency which prevents and remedies unfair labor practices by employers and labor organizations

Naturalization

Process by which a person acquires nationality after birth and becomes entitled to privileges of citizenship.

Negligence

Failure to use care which a reasonable and prudent person would use under similar circumstances.

Negotiation

The process of submission and consideration of offers until an acceptable offer is made and accepted.

Next friend

One acting without formal appointment as guardian for the benefit of an infant, a person of unsound mind not judicially declared incompetent, or other person under some disability.

No Bill

This phrase, endorsed by a grand jury on the written indictment submitted to it for its approval, means that the evidence was found insufficient to indict.

Nocontest Clause

Language in a will that provides that a person who makes a legal challenge to the will's validity will be disinherited.

Nofault Proceedings

A civil case in which parties may resolve their dispute without a formal finding of error or fault.

Nolo contendere

A Latin phrase meaning "I will not contest it." A plea in a criminal case which does not require the defendant to admit guilt, but the defendant does not contest the facts on which the charge is based. Some judges refuse to accept such pleas in criminal cases.

Non compos mentis

Not of sound mind; insane.

Nonfeasance

Nonperformance of an act which should be performed; omission to perform a required duty or total neglect of duty.

Nonjury trial

Trial before the court but without a jury.

Not guilty plea

Complete denial of guilt. In criminal cases, a necessary stage of the proceedings required to preserve all legal issues.

Not guilty by reason of insanity

The jury or the judge must determine that the defendant, because of mental disease or defect, could not form the intent required to commit the offense.

Notary Public

A public officer whose function it is to administer oaths, to attest and certify documents, and to take acknowledgments.

Notice

Formal notification to the party that has been sued in a civil case of the fact that the lawsuit has been filed. Also, any form of notification of a legal proceeding.

Notice to creditors

A notice given by the bankruptcy court to all creditors of a meeting of creditors.

Nuncupative will

An oral (unwritten) will.



Sunday, March 27, 2016

Basic Law Definition with M letter

Magistrate

Judicial officer exercising some of the functions of a judge. It also refers in a general way to a judge.

Malfeasance

The commission of an unlawful act.

Malicious prosecution

An action instituted with intention of injuring the defendant and without probable cause, and which terminates in favor of the person prosecuted.

Malpractice

Any professional misconduct.

Mandamus

A writ by which a court commands the performance of a particular act.

Manslaughter

The unlawful killing of another without intent to kill; either voluntary (upon a sudden impulse); or involuntary (during the commission of an unlawful act not ordinarily expected to result in great bodily harm).

Marshal

The executive officer of the federal court.

MartindaleHubbell Lawyer Directory

A publication of several volumes which contains names, addresses, specialties, and rating of United States lawyers; also includes digests of state and foreign statutory law.

Material evidence

Evidence which is relevant to the issues in a case.

Mediation

A form of alternative dispute resolution in which the parties bring their dispute to a neutral third party, who helps them agree on a settlement.

Memorandum

An informal note or instrument embodying something the parties desire to have in written evidence.

Memorialized

In writing.

Mens rea

Literally in Latin, "guilty mind." The intent required to commit the crime. It is a prerequisite to conviction for a crime involving a moral wrong, but it is not a prerequisite to conviction for an act that is a crime only because a statute designates it to be a crime, e.g., overtime parking.

Merger

The absorption of one thing or right into another.

Minor

A person under the age of legal competence.

Minute book

A book maintained by the courtroom deputy (bailiff), which contains minute entries of all hearings and trial conducted by the judge.

Minute’s

Memorandum of a transaction or proceeding.

Miranda warning

Requirement that police tell a suspect in their custody of his or her constitutional rights before they question him or her. So named as a result of the Miranda v. Arizona ruling by the United States Supreme Court.

Misdemeanor

A criminal offense lesser than a felony and generally punishable by fine or by imprisonment other than in a penitentiary.

Misfeasance

Improper performance of an act which a person might lawfully do.

Mistrial

An invalid trial, caused by fundamental error. When a mistrial is declared, the trial must start again from the selection of the jury.

Mitigating circumstances

Those which do not constitute a justification or excuse for an offense but which may be considered as reasons for reducing the degree of blame.

Mittimus

The name of an order in writing, issuing from a court and directing the sheriff or other officer to convey a person to a prison, asylum, or reformatory, and directing the jailer or other appropriate official to receive and safely keep the person until his or her fate shall be determined by due course of law.

Mitigation

A reduction, abatement, or diminution of a penalty or punishment imposed by law.

Moot

A moot case or a moot point is one not subject to a judicial determination because it involves an abstract question or a pretended controversy that has not yet actually arisen or has already passed. Mootness usually refers to a court's refusal to consider a case because the issue involved has been resolved prior to the court's decision, leaving nothing that would be affected by the court's decision.

Motion

An application made to a court or judge which requests a ruling or order in favor of the applicant.

Motion in Limine

A motion made by counsel requesting that information which might be prejudicial not be allowed to be heard in a case.

Murder

The unlawful killing of a human being with deliberate intent to kill: (1) murder in the first degree is characterized by premeditation; (2) murder in the second degree is characterized by a sudden and instantaneous intent to kill or to cause injury without caring whether the injury kills or not.

Mutual assent

A meeting of the minds; agreement.


Basic Law Definition with L letter

Lapsed gift

A gift made in a will to a person who has died prior to the willmakers death.

Larceny

Obtaining property by fraud or deceit.

Law

The combination of those rules and principles of conduct promulgated by legislative authority, derived from court decisions and established by local custom.

Law Blank

A printed legal form available for preparing documents.

Law Clerk

In the United States, usually a law school student employed by a law firm to do research and other tasks. In the courts, a lawyer (or law school student) employed to do legal research.

Lawsuit

An action or proceeding in a civil court; term used for a suit or action between two private parties in a court of law.

Leading question

A question that suggests the answer desired of the witness. A party generally may not ask one's own witness leading questions. Leading questions may be asked only of hostile witnesses and on crossexamination.

Legal aid

Professional legal services available usually to persons or organizations unable to afford such services.

Legal process

A formal paper that is legally valid; something issuing from the court, usually a command such as a writ or mandate.

Legal texts

Books that cover specific areas of the law, usually dealing with a single topic.

Legislation

The act of giving or enacting laws; the power to make laws via legislation in contrast to courtmade laws.

Legitimate

That which is legal, lawful, recognized by law or according to law.

Leniency

Recommendation for a sentence less than the maximum allowed.

Letters of Administration

Legal document issued by a court that shows an administrator's legal right to take control of assets in the deceased person's name.

Letters Testamentary

Legal document issued by a court that shows an executor's legal right to take control of assets in the deceased person's name.

Liable

Legally responsible.

Libel

Published defamation which tends to injure a person's reputation.

Licensing boards

State agencies created to regulate the issuance of licenses, i.e., to contractors, cosmetologists, realtors, etc.

Lien

An encumbrance or legal burden upon property.

Limited Jurisdiction

Refers to courts that are limited in the types of criminal and civil cases they may hear. For example, traffic violations generally are heard by limited jurisdiction courts.

Lis pendens

A pending suit.

Litigant

A party to a lawsuit.

Litigation

A lawsuit; a legal action, including all proceedings therein.

Living trust

A trust set up and in effect during the lifetime of the grantor. (Also called inter vivos trust.)

Looseleaf services

Looseleaf replacement pages provided by a publisher in areas of the law where changes occur at a rapid rate.



Basic Law Definition with K letter

Key number system

A research aid developed by West Publishing Company which classifies digests of cases in to various law topics and subtopics which are given paragraph numbers called "Key Numbers." Each key number for a given topic helps the researcher quickly find all references to the legal matter being researched.

Kidnapping

The unlawful and carrying away of a human being by force and against his will.

Knowingly

With knowledge, willfully or intentionally with respect to a material element of an offense.


Basic Law Definition with J letter

Joint and several liability

A legal doctrine that mhusbandakes each of the parties who are responsible for an injury, liable for all the damages awarded in a lawsuit if the other parties responsible cannot pay.

Joint tenancy

A form of legal coownership of property (also known as survivorship). At the death of one coowner, the surviving coowner becomes sole owner of the property. Tenancy by the entirety is a special form of joint tenancy between a and wife.

Judge

A presiding officer of the court.

Judgment

The official and authentic decision of a court of justice upon the rights and claims of parties to an action or suit submitted to the court for determination.

Judgment debtor

One who owes money as a result of a judgment in favor of a creditor.

Judicial lien

A lien obtained by judgment or other judicial process against a debtor.

Judicial review

The authority of a court to review the official actions of other branches of government. Also, the authority to declare unconstitutional the actions of other branches.

Judiciary

The branch of government invested with judicial power to interpret and apply the law; the court system; the body of judges; then bench.

Jurat

Certificate of person and officer before whom a writing is sworn to.

Jurisdiction

The power or authority of a court to hear and try a case; the geographic area in which a court has power or the types of cases it has power to hear.

Jurisprudence

The study of law and the structure of the legal system.

Jury

A certain number of men and women selected according to law and sworn to try a question of fact or indict a person for public offense.

Justiciable

Issues and claims capable of being properly examined in court.



Basic Law Definition with I letter

Immigrants

Persons who come into a foreign country or region to live.

Immigration

The entry of foreign persons into a country to live permanently.

Immigration and Naturalization Service (INS)

A federal agency which regulates immigration and naturalization of aliens.

Immunity

Grant by the court, which assures someone will not face prosecution in return for providing criminal evidence.

Impanel

To seat a jury. When voir dire is finished and both sides have exercised their challenges, the jury is impanelled. The jurors are sworn in and the trial is ready to proceed.

Impeachment

A criminal proceeding against a public official.

Impeachment of a witness

An attack on the credibility (believability) of a witness, through evidence introduced for that purpose.

Implied contract

A contract not created or evidenced by the explicit agreement of the parties but one inferred by law; as the use of electric power in your home implies a contract with the light company.

In loco parentis

"In the place of the parent"; refers to actions of a custodian, guardian or other person acting in the parent's place.

Inadmissible

That which, under the rules of evidence, cannot be admitted or received as evidence.

Incapacity

Lack of legal ability to act; disability, incompetence; lack of adequate power.

Incarceration

Imprisonment in a jail or penitentiary.

Incompetent

One who lacks ability, legal qualification, or fitness to manage his own affairs.

Independent executor

A special kind of executor, permitted by the laws of certain states, who performs the duties of an executor without intervention by the court.

Indeterminate sentence

A sentence of imprisonment to a specified minimum and maximum period of time, specifically authorized by statute, subject to termination by a parole board or other authorized agency after the prisoner has served the minimum term.

Indictment

A written accusation by a grand jury charging a person with a crime.

Indigent

Needy or impoverished. A defendant who can demonstrate his or her indigence to the court may be assigned a court-appointed attorney at public expense.

Initial appearance

The defendant comes before a judge within hours of the arrest to determine whether or not there is probable cause for his or her arrest.

Information

Accusatory document, filed by the prosecutor, detailing the charges against the defendant. An alternative to an indictment, it serves to bring a defendant to trial.

Infraction

A violation of law not punishable by imprisonment. Minor traffic offenses generally are considered infractions.

Inheritance tax

A state tax on property that an heir or beneficiary under a will receives from a deceased person’s estate. The heir or beneficiary pays this tax.

Injunction

A prohibitive order or remedy issued by the court at the suit of the complaining party, which forbids the defendant to do some act which he is threatening or attempting to do. Conversely, it may require him to perform an act which he is obligated to perform but refuses to do.

Insolvent

When the total debt of an entity is greater than all of its property.

Instructions

Judge's explanation to the jury before it begins deliberations of the question it must answer and the applicable law governing the case. (Also referred to as charge.)

Intangible assets

Nonphysical items such as stock certificates, bonds, bank accounts, and pension benefits that have value and must be taken into account in estate planning.

Intentional tort

Wrong perpetrated by one who intends to break the law.

Interlocutory

Temporary; provisional; interim; not final.

Internal Revenue Service (IRS)

The federal agency which administers the tax laws of the United States.

Interrogatories

A set or series of written questions propounded to a party, witness, or other person having information or interest in a case; a discovery device.

Intervention

An action by which a third person who may be affected by a lawsuit is permitted to become a party to the suit.

Intestate

The status of a person who dies without leaving a will.

Intestate succession

A succession of property when the deceased has left no will, or when the will has been revoked.

Involuntary bankruptcy

A proceeding initiated by creditors requesting the bankruptcy court to place a debtor in liquidation.

Issue

1. The disputed pint in a disagreement between parties in a lawsuit. 2. To send out officially, as in to issue an order.

Basic Law Definition with H letter

Habeas corpus

The name of a writ having for its object to bring a person before a court.

Harmless error

An error committed during a trial that was corrected or was not serious enough to affect the outcome of a trial and therefore was not sufficiently harmful (prejudicial) to be reversed on appeal.

Headnote

A brief summary of a legal rule or significant facts in a case, which along with other headnotes, precedes the printed opinion in reports.

Hearing

A formal proceeding (generally less formal than a trial) with definite issues of law or of fact to be heard. Hearings are used extensively by legislative and administrative agencies.

Hearing de novo

A full new hearing.

Hearsay

Statements by a witness who did not see or hear the incident in question but heard about it from someone else. Hearsay is usually not admissible as evidence in court.

Hostile witness

A witness whose testimony is not favorable to the party who calls him or her as a witness. A hostile witness may be asked leading questions and may be cross-examined by the party who calls him or her to the stand.

Hung jury

A jury whose members cannot agree upon a verdict.

Hypothetical question

An imaginary situation,incorporating facts previously admitted into evidence, upon which an expert witness is permitted to give an opinion as to a condition resulting from the situation.

Basic Law Definition with F letter

Fair market value

The value for which a reasonable seller would sell an item of property and for which a reasonable buyer would buy it.

Fair market value

Any unlawful physical restraint of another's personal liberty, whether or not carried out by a peace officer.

False pretenses

Representation of some fact or circumstance which is not true and is calculated to mislead,whereby a person obtains another's money or goods.

Family law

Those areas of the law pertaining to families, i.e., marriage, divorce, child custody, juvenile, paternity, etc.

Federal Bureau of Investigation (FBI)

A federal agency which investigates all violations of federal laws.

Federal Communications Commission (FCC)

A federal agency which regulates interstate and foreign communications by wire and radio.

Federal Deposit Insurance Corporation (FDIC)

An agency which insures deposits in banking institutions in the event of financial failure.

Federal Mediation and Conciliation Service

An agency which provides mediators to assist in labor management disputes.

Federal Register

A daily publication which contains federal administrative rules and regulations.

Fee simple absolute

The most complete, unlimited form of ownership of real property.

Felony

A serious criminal offense. Under federal law any offense punishable by death or imprisonment for a ter exceeding one year.

Fiduciary

A person or institution who manages money or property for another and who must exercise a standard care imposed by law, i.e., personal representative or executor of an estate, a trustee, etc.

Fifth Amendment

Among other rights, the Fifth Amendment to the U.S. Constitution guarantees that a person cannot be compelled to present self incriminating testimony in a criminal proceeding.

File

To place a paper in the official custody of the clerk of court/court administrator to enter into the files or records of a case.

Filing Fee

The fee required for filing various documents.

Finding

Formal conclusion by a judge or regulatory agency on issues of fact. Also, a conclusion by a jury regarding a fact.

Fine

A sum of money paid as part of a penalty of conviction for a particular criminal offense.

Food and Drug Administration (FDA)

A federal agency which sets safety and quality standards for food, drugs, cosmetics, and household substances.

Foreclosure

A court proceeding upon default in a mortgage to vest title in the mortgagee.

Forfeiture

A cancellation. A legal action whereby a contract purchaser following default loses all his interest in the property.

Fourteenth Amendment

Among other matters, the 14th Amendment to the U.S. Constitution prohibits states from depriving any person of life, liberty, or property without adequate due process.

Fourth Amendment

The 4th Amendment to the U.S. Constitution protects every person against unreasonable search and seizure by government officials.

Fraud

A false representation of a matter of fact which is intended to deceive another.



Saturday, March 26, 2016

Law of Contract Important Question Notes

  • Define and explain:
    • consideration
    • reciprocal promises
    • void-able contract
    • void agreement
  • What is meant by Fraud?
  • What are rights of party whose consent has been caused by fraud.
  • Define and explain Mistake of Law and Fact, and their effects on contract.
  • Rights of party suffering from a breach in the following situations:
    • When no sum is mentioned in the contract as payable for breach.
    • When sum is mentioned in the contract as payable for breach.
    • What are rights of a party which has itself rescinded a contract.
  • How far is a principal bound by the acts of his agent while dealing with parties in the following cases:
    • When the agent exceeds his authority
    • When the agent commits a fraud.
    • What is liability of a pretending agent.
  • State the facts and the law laid down in the case of Hadly and others vs Basendale and others.
  • Rights and duties of a bialee.
  • How can an agency be created.
  • Authority of agent to act on behalf of the principal.
  • Principles on which damages for breach of contract are to be awarded by a Court.
  • Case Byrne – v – Von Tienhoven and Co.
  • When and how can proposal and acceptance can be revoked.
  • What Coercion, Undue Influence, and Fraud.
  • Consequences which ensue from breach of a valid contract.
  • How and under what circumstances is agency terminated.
  • What are contingent contracts? When can they be enforced.
  • Case Mohri – v – Dharmodas Ghosh.
  • Different situations in which agreements, though made by free consent of parties, competent to contract are yet void.
  • What is pledge, rights and duties of the Pawner and Pawnee.
  • Appropriation of payment towards debts.
  • Under what circumstances are obligations created as resembling those created by a contact though no contract is entered into.
  • What is continuing Guarantee? How the liability discharges.
  • When is the suggestion of fact not fraud, but a misrepresentation.
  • What is a contract of indemnity and how differs from contract of Guarantee.
  • When is communication of 1. A Proposal, 2. An Acceptance, and 3. A Revocation said to be complete.
  • Define proposal, promise, promisor, promisee, and consideration.
  • Various kinds of bailment.
  • Does the Pawnee or agent have any lien over the goods pledged or property in his custody.
  • Ratification of principal act of his agent.
  • What is rule of compensation on breach of contract.
  • How does liquidated damages differ from penalty.
  • Circumstances which render the original contract need not to be performed.
  • Difference Sales and an agreement to sell and bailment.
  • How contract of sale of goods be made whether
    • In writing,
    • Oral
    • Implied.
  • Can a contract be made without consideration.
  • What are contingent contracts.
  • Who is an unpaid seller.
  • Under what circumstances when there is no contract.
  • Rights of finder lost goods.



Tuesday, March 22, 2016

Criminal Law Important Question and Answer

  • Define and distinguish Common Intention and Common Object.
  • How the lesser punishment is given u/s 302.
  • Define Criminal Trespass and Lurking House Trespass, House Breaking, and punishment.
  • Define Counterfeit, Harbor, Voluntarily, Valuable Security.
  • Bribe as a crime in Public Service.
  • Discuss Enquiry, Investigation and Trial.
  • Define Wrongful Restraint, Wrongful Confinement and punishments.
  • Without order and warrant arrest is justified.
  • What is effect of error in change? Is error curable.
  • How sentence can be suspended.
  • Transfer of enquiry from one to another Court.
  • Offences of Criminal Misappropriation, Criminal Breach of Trust, and Cheating, under Pakistan Penal Code.
  • Define Public Servant and Servants of the State.
  • Giving False Evidence, Fabricating False Evidence, and Punishments.
  • Define Hijacking and punishments.
  • What is Harboring Hijacker.
  • Meaning of Bail and factors for Bail.
  • Recording of confession.
  • Define High Court, Advocate General, Public Prosecutor, Pleader, Place, Sub-Division.
  • Define abetment and criminal conspiracy.
  • Right of Private Defence and death of wrongdoer.
  • Define Stolen Property and different conditions.
  • Define cheating by personating and punishment.
  • Define defamation and punishments.
  • Threat and punishment.
  • Power of Appellate Court.
  • What is summery trial.
  • Define Rioting (Balwa), Affray (Hangama).
  • Define Gender, Number, Man and Woman, A Will.
  • Define theft extortion, robbery, docaity.
  • To which punishment, offenders, are liable under PPC.
  • Distinguish Diyat, Arsh, Daman.
  • Circumstances – Habeas Corpus.
  • What persons may be charged or tried together.
  • Various classes of criminal courts.
  • Homicide is ordinarily classified as Justified, Executable, Felonious. Discuss.
  • What is General Exception in Criminal Liability.
  • How criminal liability is measured.
  • Right of Private Defence or Property and death.
  • The Mark and Mark Property. What are differences.
  • Cognizable offences under the Prohibition Order, 1979.
  • Who can sue under Qazf Ordinance, 1979.
  • Qatl-I-Amad and Waiver and Compound.
  • Isqat-e-Hamal (Abortion) and Isqate-e-Janin, and punishments.
  • Zina bil Jabar (Rape) and punishments.
  • Duress, necessity, Superior Order can be invoked.
  • Yardsticks for determining the question of punishment in a criminal trial.
  • Hurt not liable to Qisas.
  • Cohabitation (sexual relations) and punishment.
  • How does liability accrue (increases) without default.
  • Abduction (take away woman).
  • Define Act, Omission, Government, Injury, Life, Death.
  • Kinds of Shajjah and Punishments.
  • Bail in Non Bail-able offences.
  • How fine can be recovered.
  • How assembly of people can be dispersed.
  • Define Theft Liable to Hadd, Qazf liable to Hadd, and Punishment.
  • Various kinds of Murder and punishments.
  • Hurt without Qisas.
  • Define Judge, Court of Justice, Reasons to Believe, Section, Oath, Forgery.
  • Right to defend property.
  • Motive and Crimes.
  • Theories of negligence.
  • Drinking and Hudood.
  • Crime and Tort.
  • Mistake of Law and Fact.
  • Write Notes:
    • Local and Special Law
    • Illegal and Legally Bound to do
    • Person and Public
    • Dishonesty and Fraudulently



Pakcash.com Online Earning

Pakcash Online Jobs

Earn Money with Link Sharing

Categories

Blog Archive

Popular Posts

Contact Form

Name

Email *

Message *

BA LLB Notes