- absolute privilege
-
a privilege that exempts a person from liability especially for defamation regardless of intent or motive
- abuse of process
-
the use of legal process by illegal, malicious, or perverted means
- acceptance
-
agreeing verbally or in writing to the terms of a contract, which is one of the requirements to show there was a contract
- accord and satisfaction
-
an agreement to accept less than is legally due in order to wrap up the matter
- actual cause
-
cause in fact
- adequacy of consideration
-
the condition that consideration is fair and reasonable under the circumstances of the agreement
- affirmative defenses
-
statements in a response to a civil lawsuit which excuse or justify the behavior on which the lawsuit is based.
- agreement
-
a meeting of the minds; an agreement is made when two people reach an understanding about a particular issue, including their obligations, duties, and rights
- agreement in principle
-
an outline of terms for a contract, often incomplete and a precursor to a more complete contract
- alternative dispute resolution (ADR)
-
a catchall term that describes a variety of methods that parties can use to resolve disputes outside of court, including negotiation, conciliation, mediation, collaborative practice, and the many types of arbitration
- answer
-
a defendant's written response to a plaintiff's initial court filing (called a complaint or petition)
- anticipatory breach
-
when one party to a contract clearly and unequivocally communicates to the other party that they do not intend to fulfill their contractual obligations before the performance is due; anticipatory repudiation
- anticipatory repudiation
-
when one party to a contract clearly and unequivocally communicates to the other party that they do not intend to fulfill their contractual obligations before the performance is due; anticipatory breach
- Appellate Division of the Superior Court
-
an intermediate appellate court that receives appeals from trial courts, tax courts and administrative agencies
- appellate jurisdiction
-
the power of a court to review and revise a lower court's decision
- arbitration
-
an out-of-court procedure for resolving disputes in which one or more people -- the arbitrator(s) -- hear evidence and make a decision
- arbitrator
-
individual, often an expert in the law and subject matter at issue, who presides over arbitration proceedings
- assault
-
(1) the threat of immediate harm or offense of contact or (2) any act that would arouse reasonable apprehension of imminent harm
- assignee
-
a person to whom a property right is transferred
- assignment
-
the transfer of rights under a contract from one party to another party
- assignor
-
the party who transfers their rights to another
- assumption of risk
-
(1) a legal defense that a defendant can use in a negligence lawsuit if it can be shown that plaintiff voluntarily and knowingly accepted the risks associated with a certain activity or situation, and therefore, the defendant should not be held liable for any resulting injuries or harm; (2) the act of contracting to take over a risk
- avoid
-
to take action to void a voidable contract
- award
-
1) The written decision of an arbitrator or commissioner (or any nonjudicial arbiter) setting out the arbitrator's award. 2) The amount awarded in a money judgment to a party to a lawsuit, arbitration, or administrative claim
- bankruptcy
-
a federal legal process for debtors seeking to eliminate or repay their debts
- bargained-for exchange
-
a benefit or detriment that the parties to a contract agree to as the price of performance in return for a promise
- battery
-
unauthorized and harmful or offensive physical contact with another person that causes injury
- bid (at auction)
-
an offer to pay or charge a specific price, under set terms, for an item or service
- bilateral contract
-
a contract in which both parties exchange promises to perform
- black letter laws
-
in common law legal systems, refers to well-established legal rules that are no longer subject to reasonable dispute
- Blue laws
-
statutes or ordinances that forbid or regulate an activity, such as the sale of liquor on Sundays
- breach
-
a failure or violation of a legal obligation -- for example, a failure to perform a contract (breaching its terms)
- business law
-
the body of rules, whether by convention, agreement, or national or international legislation, governing the dealings between persons in commercial matters
- business to consumer (B2C)
-
a transaction that takes place between a business and an individual as the end customer
- business to employee (B2E)
-
a transaction between a business and its employee
- business-to-business (B2B)
-
a sector of business activity that focuses on commerce performed between businesses
- capacity
-
legal ability of an individual or entity to enter into a binding contract and be held legally responsible for their actions and obligations under that contract
- capital offense
-
a criminal charge that is punishable by the death penalty
- case law
-
the law based on judicial opinions (including decisions that interpret statutes), as opposed to law based on statutes, regulations, or other sources
- case of first impression
-
a court case that presents a new question or issue for legal interpretation (or at least new within that court's jurisdiction)
- causation
-
establishing a direct link between the defendant's breach of duty and the harm suffered by the plaintiff
- cause of action
-
a specific legal claim for which a plaintiff seeks compensation
- civil
-
noncriminal
- civil law
-
a generic term for all non-criminal law, usually relating to settling disputes between private citizens
- civil-law system
-
a system of laws that is based on legal code
- class action
-
a lawsuit in which a large number of people with similar legal claims join together in a group (the class) to sue someone, usually a company or organization
- closing argument
-
the final argument by an attorney on behalf of the client after all evidence has been produced for both sides
- common law
-
the body of law derived from judicial decisions rather than from statutes or constitutions
- comparative negligence
-
a personal injury law rule that lets an injured person recover damages (money) in court, even if their own negligence played a part in causing the underlying accident
- compensate
-
receive payment for damages suffered
- compensatory damages
-
money awarded to compensate plaintiffs for harm they've suffered
- complaint
-
the first document filed with the court (actually with the County Clerk or Clerk of the Court) by a person or entity claiming legal rights against another
- concealment
-
the act of deliberately hiding material information during the negotiation or formation of a contract
- concurrent condition
-
a situation in which one party must fulfill a condition at the same time that the other party fulfills a mutual condition
- concurrent jurisdiction
-
jurisdiction that is shared by different courts and that may allow for removal
- condition
-
an event the happening or nonhappening of which gives rise to a duty to perform (or discharges a duty to perform)
- condition precedent
-
a term in a contract (express or implied) that requires performance only in the event something else happens first
- condition subsequent
-
a condition that terminates an already existing duty of performance
- consequential damages
-
damage or injury that does not directly and immediately result from a wrongful act, but is a consequence of the initial act
- consideration
-
a benefit that is of value to both parties, which must be bargained for between the parties and is the essential reason for a party entering into a contract
- contingent fee
-
a fee to a lawyer which will be due and payable only if there is a successful conclusion of the legal work, usually winning or settling a lawsuit in favor of the client (particularly in negligence cases), or collecting funds due with or without filing a lawsuit
- contract
-
an agreement that the law will hold the parties to
- contract under seal
-
a contract that does not require consideration in order to be binding but that must be sealed, delivered, and show a clear intention of the parties to create a contract under seal
- contractual capacity
-
the legal ability of an individual or entity to enter into a binding contract and be held legally responsible for their actions and obligations under that contract
- contributory negligence
-
a common law rule that prevents a personal injury plaintiff from recovering damages (money) in court if the plaintiff bears any amount of blame for the underlying accident
- counteroffer
-
a response made by the offeree to the offeror that proposes different terms or conditions than those contained in the original offer
- court-ordered arbitration
-
mandatory referral of a certain class of civil suits to an arbitration hearing
- courts of appeal
-
any court (state or federal) which hears appeals from judgments and rulings of trial courts or lower appeals courts
- covenant not to sue
-
a promise to refrain from suing someone in return for the settlement of a legal dispute
- creditor beneficiary
-
one to whom the promisor agrees to pay a debt of the promisee
- criminal case
-
a lawsuit brought by a prosecutor employed by the federal, state, or local government that charges a person with the commission of a crime
- criminal law
-
laws written by Congress and state legislators that make certain behavior illegal and punishable by fines and/or imprisonment
- critical legal studies (CLS) school of thought
-
a school of thought advancing the idea that the legal system perpetuates the status quo in terms of economics, race, and gender by using manipulable concepts and by creating an imaginary world of social harmony regulated by law
- cross-examination
-
the opportunity for the attorney (or an unrepresented party) to ask questions in court of a witness who has testified in a trial on behalf of the opposing party
- damages
-
1) the money awarded to one party because of an injury or loss caused by another party; and 2) the harm an injured party suffers because of another party's wrongful conduct
- de minimis non curat lex
-
the law does not govern trifles; law ignores insignificant details
- defamation
-
making a false statement that causes injury to a person’s good name or reputation
- defamed
-
one about whom untrue statements have been made which damages his reputation
- defendant
-
the person or entity against whom a criminal or civil case is filed
- delegatee
-
one to whom the duty to perform under a contract is transferred
- delegation
-
the transfer to a third party of the duty to perform under a contract
- delegator
-
the party who delegates the duty to perform under the contract to a third party
- depositions
-
oral testimony given under oath outside of court, typically recorded by a court reporter
- direct examination
-
initial questioning of witness by the party calling them to the stand
- directed verdict
-
a ruling by a judge, typically made after the plaintiff has presented all of its evidence but before the defendant puts on its case, that awards judgment to the defendant
- disaffirm
-
to repudiate or reject a contract that has been previously entered into
- discovery
-
a formal investigation—governed by court rules—conducted before trial by all parties to a lawsuit to find evidence that can be used to present claims or defenses at trial, to find out what evidence other parties will use at trial, and to support its position during settlement negotiations
- dispute
-
the assertion of conflicting claims or rights between parties involved in a legal proceeding, such as a lawsuit, mediation, or arbitration
- district courts
-
a trial court for federal cases in a court district, which is all or a portion of a state
- diversity of citizenship jurisdiction
-
the authority of federal courts to hear cases between parties from different states if the amount in controversy exceeds a certain threshold
- donee beneficiary
-
a direct beneficiary whom the party paying for the other party's performance intends to benefit as a gift or donation
- duress
-
The use of force, false imprisonment, coercion, threats, or psychological pressure to compel someone to act contrary to his or her wishes or interests
- duty
-
a legal relationship, created by law or contract, in which a person or business owes something to another
- duty of care
-
an obligation to use due care toward others in order to protect them from unnecessary risk of harm
- ecofeminist school of legal thought
-
a belief that domination of men over both women and the rest of the natural world is the root of legal exploitation of women and the degradation of the natural environment
- Eighth Amendment
-
“Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.”
- election of remedies
-
the principle that allows a party who has been wronged in a contract to choose among different available legal remedies or courses of action to address the breach
- en banc
-
French for "on the bench," used to indicate that all of the judges on an appeals court panel are participating in a case
- enabling act
-
a law that permits what was previously prohibited or that creates new powers; enabling statute
- enjoin
-
a court orders that someone either do a specific act, cease a course of conduct or be prohibited from committing a certain act; such an order is called an injunction
- equitable remedies
-
ways to make a party whole, for example through specific performance, injunctions, or restitution
- estoppel
-
a bar or obstruction which precludes a person from asserting a right or prevents one from denying a fact
- exclusive jurisdiction
-
jurisdiction granted only to a particular court to the exclusion of others
- exculpatory clause
-
a contract clause that exempts one party from tort liability to the other for harm caused intentionally or recklessly
- executed contract
-
a contract in which all parties involved have fully performed and completed their obligations
- execution
-
the act of finishing, carrying out, or performing as required, as in fulfilling one's obligations under a contract, plan, or court order
- executive order
-
a declaration by the president or a governor which has the force of law, usually based on existing statutory powers, and requiring no action by the Congress or state legislature
- executory contract
-
a contract in which one or more parties have not yet fulfilled their obligations or duties
- exemplary damages
-
damages awarded over and above special and general damages to punish a losing party's willful or malicious misconduct; sometimes called punitive damages
- expectation interest
-
the interest of a party to a breached contract in receiving the benefit of the bargain by being put in a position as good as that which would have resulted had the contract been performed
- express contract
-
a contract in which the terms and conditions are explicitly stated, either orally or in writing, with the intent of both parties to enter a contract
- express ratification
-
when a party explicitly confirms or approves the previously voidable contract
- false imprisonment
-
the wrongful, intentional restraint of another person without the legal right to do so
- fault
-
responsibility for wrongdoing or failure
- Federal Arbitration Act (FAA)
-
a federal statute under which parties are required to participate in arbitration when they have agreed by contract to do so, even in state court matters
- federal question jurisdiction
-
the authority of federal district courts to hear lawsuits based on subjects enumerated in the U.S. Constitution or when a federal statute is involved
- flat rate fee
-
a single, fixed rate for a particular service or package of services
- for cause challenge
-
a party's request that the judge dismiss a potential juror from serving on a jury by providing a valid legal reason why he shouldn't serve
- forbearance
-
voluntarily refraining from doing something, such as asserting a legal right
- force majeure
-
a contract provision that excuses performance if it is rendered impractical by a supervening event (sometimes known as an Act of God); French for "a greater force"
- foreseeability
-
the ability to reasonably anticipate the potential results of an action, such as the damage or injury that may happen if one is negligent or breaches a contract
- foreseeable
-
being such as may be reasonably anticipated
- formal contract
-
a contract that requires a specific form or format to be legally valid and enforceable
- forum
-
refers to the court in which a lawsuit is filed or in which a hearing or trial is conducted
- fraudulent misrepresentation
-
a false statement or assertion of a material fact, made with the intent to deceive the other party, and induce the other party to enter into a contract
- frustration of purpose
-
when unexpected events arise which make a contract impossible to be performed, entitling the frustrated party to rescind the contract without paying damages
- full faith and credit
-
a rule found in Article IV, sec. 1 of the U.S. Constitution that requires courts and agencies in one state to recognize, respect, and enforce legal judgments and other actions from other states
- full performance
-
when one party fulfills all of its obligations under the contract in the exact manner specified and without any deviation; complete performance
- gambling contract
-
an agreement between two or more parties to wager or bet on the outcome of a future event or contest over which the bettors have no control and which typically involves chance
- general jurisdiction
-
the authority to hear and decide a wide variety of cases, both civil and criminal, without being limited to specific subject matters or certain types of legal disputes
- guarantor
-
a person or entity who promises to perform upon the default of another; surety
- guardian
-
a person who has been appointed by a judge to take care of a minor child or incompetent adult (both called "ward") personally and/or manage that person's affairs
- harm
-
physical or mental damage
- hazardous activities
-
inherently dangerous actions that have the potential to cause significant harm or damage
- historical school of thought
-
believes that societies should base their legal decisions of today on the examples of the past
- holding
-
any ruling or decision of a court
- hourly rate
-
a pricing structure by which attorneys charge an amount based on time spent on a case
- illegality
-
the state of not being legally authorized
- illusory promise
-
a statement that appears to be a promise but, in reality, does not actually impose any obligation on the person making the statement and therefore lacks legal sufficiency
- implied in law contract
-
quasi contract
- implied ratification
-
when a party behaves in a manner consistent with accepting a contract or in a manner inconsistent with disaffirming the contract
- implied-in-fact
-
a contract in which the agreement is not explicitly stated in words but is inferred from the conduct and actions of the parties involved
- impossibility
-
when an act cannot be performed due to physical impediments, nature, or unforeseen events which is a legitimate basis to rescind a contract
- impracticability
-
incapable of being performed or accomplished by the means employed or at command; not practicable
- in pari delicto
-
Latin for "in equal fault," which means that two (or more) people are all at fault or are all guilty of a crime
- in personam jurisdiction
-
the jurisdiction granted a court over persons before it that allows the court to issue a binding judgment
- in rem jurisdiction
-
a court's authority to make decisions and rulings concerning a specific property or asset, rather than over a particular individual
- incidental beneficiary
-
a third-party beneficiary to a contract whom the parties to the contract did not intend to benefit
- incidental damages
-
the direct and immediate costs incurred as a result of a breach of contract
- incompetency
-
the condition of lacking the ability to handle one's affairs due to mental or physical incapacity
- infant
-
a person under the age of 18
- informal contract
-
any contract that is not a formal contract
- injunction
-
a writ (order) issued by a court ordering someone to do something or prohibiting some act after a court hearing
- innocent misrepresentation
-
a false statement that is made without any knowledge that it is false
- integrated contract
-
one or more writings constituting a final expression of one or more terms of an agreement
- integration clause
-
a provision in a contract stating that the contract represents the full and final agreement of the parties and supersedes any other agreements, oral or written, on the same subject
- intended third-party beneficiary
-
a party that was considered at the time the contract was made, and is part of the purpose for the contract in the first place
- intentional infliction of emotional distress (IIED)
-
a legal claim that allows individuals to seek compensation for severe emotional distress or mental anguish caused by the intentional and outrageous conduct of another party
- intentional interference with contractual relations
-
a third party intentionally takes actions to disrupt or interfere with an existing contractual relationship between two parties
- intentional torts
-
a deliberate act that causes harm to another, and for which the injured person may sue the wrongdoer for damages
- interest in land
-
the pleasure, comfort and advantage that a person may derive from the occupancy of land
- international law
-
while there is no one, specific body of international law, the term is taken to mean the collection of treaties, customs, and multilateral agreements governing the interaction of nations and multinational businesses or nongovernmental organizations
- interrogatories
-
written questions that one party sends to the other which the recipient is required to answer under oath
- invasion of privacy
-
violating an individual's right to keep certain aspects of their personal life private
- irrevocable
-
not possible to revoke
- judge-made law
-
a law that is made by judicial decision
- judicial decision
-
a determination made by a court
- jurisdiction
-
the authority given by law to a court to try cases and rule on legal matters within a particular geographic area and/or over certain types of legal cases
- jury instruction
-
the judge explains to the jurors the meaning of the law as it relates to the issues they are considering and tells them what facts they must determine in order to give a verdict
- law
-
a body of rules of action or conduct prescribed by a controlling authority, and having binding legal force
- legal positivism
-
the theory that legal rules are valid only because they are enacted by an existing political authority or accepted as binding in a given society (not because they are grounded in morality or in natural law)
- legal realist
-
belief that the social context of law is important because life and society are constantly changing and certain laws and doctrines have to be altered or modernized to remain current
- legal remedies
-
damages to compensate the non-breaching party for any losses suffered as a result of the breach
- legal sufficiency
-
the identification of the legal detriments in a contract - an action, forbearance, or a promise of such from the promisee
- legal value
-
benefit, profit or gain received from an agreement
- legality
-
strict adherence to law; the quality of being legal
- letter of credit
-
a letter addressed by a banker to a correspondent certifying that a person named therein is entitled to draw on the writer's credit up to a certain sum
- liability
-
the state of being legally responsible for something
- libel
-
make an untruthful statement about a person, published in writing or through broadcast media, that injures the person's reputation or standing in the community
- limited competency
-
a determination by a court that a person has the capacity to manage some but not all of his activities
- limited jurisdiction
-
when a particular court has a narrowly defined authority over certain types of cases, such as bankruptcy, claims against the government, probate, family matters, or immigration
- liquidated damages
-
an amount of money agreed upon by both parties that a party who breaches the contract will pay to the other party
- long arm statute
-
a statute allowing a state to exercise personal jurisdiction over a non-resident defendant who has certain contacts with the state
- mailbox rule
-
a rule by which an acceptance is effective and binding on the parties at the moment it is sent or deposited in a mailbox
- majority rule of law
-
more than half the states follow this law
- malicious prosecution
-
a tort causing someone to be prosecuted for a criminal act, knowing that there was no probable cause to believe that the plaintiff committed the crime
- material
-
relevant and significant
- material breach
-
a significant failure to fulfill the terms of a contract that goes to the root or essence of the agreement
- mediation
-
a process that involves opposing parties in a dispute meeting with a neutral third party (called the "mediator") who helps them negotiate a resolution outside of court
- mediation-arbitration
-
a mediation followed by an arbitration when the mediation does not produce a satisfactory outcome
- mediator
-
a person who conducts mediations as a neutral third party to work with parties in dispute and try to reach a resolution
- mental incapacity
-
an inability through mental illness or significant cognitive impairment to carry on the everyday affairs of life or to care for one's person or property with reasonable discretion
- merger clause
-
a clause in a contract stating that the contract is a complete statement of the agreement and supersedes any prior terms, representations, or agreements whether made orally or in writing
- minimum contacts
-
a legal requirement that for a lawsuit to go forward against a nonresident defendant of a given state, the defendant must have some connections with that state
- minitrial
-
a procedure that allows the parties to present their case to decision makers on both sides of the dispute, following discovery
- minor
-
someone under legal age, which is generally 18, except for certain purposes such as drinking alcoholic beverages
- minority rule of law
-
less than half the states follow this rule
- mirror image rule
-
a doctrine stipulating that any acceptance of an offer is deemed to be an unconditional assent to the terms of the offer exactly as it is, without any changes or modifications
- misrepresentation
-
a false statement or assertion made by one party to a contract during the negotiation or formation of such contract
- mistake
-
a belief about a fact that is not in accord with the truth
- mitigation of damages
-
the requirement that someone injured by another's negligence or breach of contract must take reasonable steps to reduce the damages, injury, or cost, and to prevent them from getting worse
- motion
-
a formal request made by one party to a lawsuit (the moving party) asking the court to take a specific action or make a particular decision
- motion for summary judgment
-
a legal request made by a party to a lawsuit, asking the court to decide the case or specific claims in their favor without going to trial
- mutual mistake
-
both parties are wrong about the subject of the contract
- mutuality of obligation
-
if one party to a contract has not made a binding obligation, neither is the other party bound
- natural law
-
an objective norm or set of objective norms governing human behavior, similar to the positive laws of a human ruler, but binding on all people alike and usually understood as involving a superhuman legislator
- necessary
-
a basic need of life such as food, shelter and basic medical services
- needs contract
-
a seller agrees to meet all the buyer’s requirements; a requirements contract
- negligence
-
failure to use reasonable care, resulting in injury or property damage to another
- negligence per se
-
negligence due to a violation of law designed to protect the public, such as a speed limit or building code
- negligent misrepresentation
-
a false statement that is made due to negligence, carelessness, or a lack of reasonable care in ascertaining its accuracy
- negligent torts
-
a tort claim that arises when a person or entity is careless and that carelessness injures or harms someone
- negotiable instrument
-
a transferable instrument (as a note, check, or draft) containing an unconditional promise or order to pay to a holder or to the order of a holder upon issue, possession, demand, or at a specified time
- negotiation
-
a give-and-take discussion that attempts to reach an agreement or settle a dispute
- New Jersey Supreme Court
-
the state's highest appellate court
- nominal damages
-
a small amount of money awarded to the plaintiff in a civil lawsuit when a judge or jury finds that the plaintiff has suffered a legal wrong but is not awarded compensatory damages
- noncompete agreement
-
an agreement or contract not to interfere or compete with a former employer (as by working with a competitor)
- nondisclosure
-
failure or refusal to make something known
- nonvoidable
-
not capable of being made void
- novation
-
the voluntary substitution of a new contract for an old one, usually to change the parties, duties, or payment terms
- nuisance
-
the unreasonable interference with another person's use and enjoyment of their property
- objective intention
-
the objective of a reasonable person under the same circumstances, as compared to subjective intention
- objective standard
-
a legal standard that is based on conduct and perceptions external to a particular person
- objective theory of contracts
-
a fundamental principle in contract law that focuses on the objective intent of the parties involved in a contract rather than their subjective beliefs or intentions
- obligee
-
one to whom an obligation is made
- obligor
-
one who makes and has an obligation
- offense
-
a violation of the law; a crime
- offer
-
a specific proposal to enter into an agreement with another; an offer is essential to the formation of an enforceable contract
- offeree
-
one to whom an offer is made
- offeror
-
one who makes an offer
- one-year rule
-
an agreement that cannot be performed within one year from its making must be evidenced by some writing to be enforceable
- opening statement
-
a statement made by an attorney or self-represented party at the beginning of a trial before evidence is introduced
- option contract
-
a contract in which a time period is specified within which an offer must be accepted
- ordinance
-
a law adopted by a town or city council, county board of supervisors, or other municipal governing board
- original jurisdiction
-
the authority of a court to hear and decide a matter before it can be reviewed by another court
- outputs contract
-
a buyer agrees to purchase the seller’s entire output of goods
- parol evidence rule
-
establishes that a written contract intended to be the parties’ complete understanding discharges all prior or contemporaneous promises, statements, or agreements that add to, vary, or conflict with it
- past consideration
-
something that has already been given or some act that has already been performed that cannot therefore be induced by the other party's thing, act, or promise in exchange and is not truly a consideration
- past performance doctrine
-
performance or action that has taken place prior to entering a contract
- pendent jurisdiction
-
in federal procedure, the policy that allows a federal court to decide a legal question normally tried in state courts because it is based on the same facts as a lawsuit which is under federal court jurisdiction
- peremptory challenges
-
the right to dismiss or excuse a potential juror during jury selection without having to give a reason
- perfect tender
-
that the goods delivered according to the contract are the exact things ordered
- performance
-
fulfillment of an obligation required by contract
- personal jurisdiction
-
the right to dismiss or excuse a potential juror during jury selection without having to give a reason
- physical and mental examinations
-
a court-ordered examination by a qualified medical professional of a person's physical or mental condition
- positive law
-
statutory man-made law (as compared to "natural law")
- positivist
-
examining in a precise way what a law or rule itself says
- possibility test
-
a method to determine if a contract could possibly be completed within a year and thus is not subject to the statute of fraud's one-year rule
- precedent
-
an opinion of a federal or state court of appeals establishing a legal principle or rule that must be followed by lower courts when faced with similar legal issues
- preexisting duty
-
a party's offer of a performance already required under an existing contract is insufficient consideration for modification of the contract
- prenuptial agreement
-
an agreement made by a couple before marriage that controls certain aspects of their relationship, usually the management and ownership of property, and sometimes whether alimony will be paid if the couple later divorces
- pretrial conference
-
a proceeding attended by the parties to an action and a judge or magistrate and held at a party's request or on the judge's initiative for the purpose of focusing the issues, making discovery, entering into stipulations, obtaining rulings, and dealing with any matters that may facilitate fair and efficient disposition of the case including settlement
- private judging
-
a process in which active or retired judges may be hired for private trials
- procedural law
-
the rules of courts and administrative agencies
- promisee
-
one to whom a promise is made
- promisor
-
one who makes a promise
- promissory estoppel
-
a legal principle that prevents a person who made a promise from reneging when someone else has reasonably relied on the promise and will suffer a loss if the promise is broken
- property
-
anything that is owned by a person or entity
- proximate cause
-
a cause that is not too remote or unforeseeable
- public policy
-
government policies that affect the whole population
- puffery
-
an exaggeration of the value of a product, a business, or property for promotional purposes
- punitive damages
-
damages awarded in a lawsuit as a punishment and example to others for malicious, evil or particularly fraudulent acts
- qualified privilege
-
a privilege especially in the law of defamation that may be defeated especially by a showing of actual malice
- quasi contract
-
an obligation imposed by a judge to prevent injustice and thus not a contract
- ratification
-
confirmation of an action which was not pre-approved and may not have been authorized
- real assent
-
the genuine and voluntary agreement of all parties involved in a contract to its terms and conditions
- reasonable assurances
-
a promise from a contracting party for future performance of the contract
- recognizance
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an obligation of record entered into before a court or magistrate requiring the performance of an act (such as appearance in court) usually under penalty of a money forfeiture
- recross-examination
-
examination of a witness after redirect examination
- redirect examination
-
an additional direct examination of a witness following cross-examination
- regulation
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a rule, adopted under authority granted by a statute, issued by a municipal, county, state or federal agency
- regulatory license
-
a license intended to protect the public health, safety, and welfare
- reliance
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dependence on another person's (or entity's) statements or actions
- reliance interest
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the interest of a party to a breached contract in being compensated for detriments suffered (as expenses incurred) in reliance on the agreement
- repudiates
-
to reject as unauthorized or as having no binding force
- repudiation
-
actions demonstrating that one party to a contract refuses to perform an obligation
- requests for admission
-
written requests asking the opposing party to admit or deny specific statements or facts
- requests for production
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formal requests for specific documents, electronically stored information, or tangible items relevant to the case
- requirements contract
-
a seller agrees to meet all the buyer’s requirements; a needs contract
- rescission
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cancellation of a contract by mutual agreement of the parties
- Restatement (Second) of Contracts
-
a legal treatise from the second series of the Restatements of the Law which seeks to inform judges and lawyers about general principles of contract common law
- restitution
-
returning property or its monetary value to the rightful owner
- restitution interest
-
the interest of a party to a breached contract in having restored any benefit she conferred on the promisor
- restraint of trade
-
any activity (including agreements among competitors or companies doing business with each other) that tends to limit trade, sales, and transportation in interstate commerce or has a substantial impact on interstate commerce
- revenue license
-
a license that is imposed for the sake of raising revenue and to ensure that practitioners register their address so they can be served papers for a lawsuit if needed
- revocation
-
cancellation of a contract by the parties to it
- right
-
an entitlement to something, whether to a concept like justice or due process, or to a legally enforceable claim or interest
- rule
-
a regulation issued by a court or government agency
- satisfactory performance
-
the fulfillment of contractual obligations to a degree that is acceptable to the other party in a contract
- school of thought
-
a way of thinking
- service of process
-
the delivery of copies of legal documents such as summons, complaint, subpoena, order to show cause (order to appear and argue against a proposed order), writs, notice to quit the premises, and certain other documents, usually by personal delivery to the defendant or other person to whom the documents are directed
- slander
-
make an untruthful oral (spoken) statement about a person that harms the person's reputation or standing in the community
- sovereign immunity
-
the absolute immunity of a sovereign government (as a state) from being sued
- specific performance
-
a contract remedy provided by a court that orders the losing side to perform its part of an agreement rather than, or possibly in addition to, paying money damages to the winner
- standing
-
the right to file a lawsuit or file a petition under the circumstances
- stare decisis
-
an informal rule judges often follow when deciding cases that counsels judges to follow precedents—decisions and opinions from similar cases that were decided in the past; Latin for "let the decision stand"
- statute
-
a written law passed by the legislative branch of government—Congress or a state legislature—and usually signed into law by the head of the executive branch of government—the president or a state governor
- Statute of Frauds
-
a law in every state that requires certain types of documents to be in writing and signed by the party to be charged (usually, the defendant in a lawsuit)
- statute of limitations
-
a law which sets the maximum period of time which one can wait before filing a lawsuit
- strict liability torts
-
a tort in which liability is imposed without regard to fault
- strict product liability
-
absolute responsibility for a defective product that does not require the plaintiff to prove negligence because negligence is presumed
- subject matter jurisdiction
-
the jurisdiction of a court over the subject, type, or cause of action of a case that allows the court to issue a binding judgment
- subjective intention
-
what an individual personally intends under a particular circumstance, as compared to objective intention
- subjective standard
-
a legal standard that is specific to a particular person and based on the person's individual views and experiences
- substantial performance
-
fulfillment of the obligations agreed to in a contract, with only slight variances from the exact terms and/or unimportant omissions or minor defects
- substantive law
-
statutory or written law that governs the rights and obligations of everyone within its jurisdiction
- summons
-
a court document stating the name of the plaintiff and their attorney and directing the defendant to respond to the complaint within a fixed time period
- Sunday contracts
-
contracts entered into on a Sunday and subject to Blue Laws
- Superior Court of New Jersey
-
the general trial court of New Jersey within which most cases originate
- Supremacy Clause
-
Article VI, clause 2 of the U.S. Constitution, which says that the Constitution, federal laws, and federal treaties are "the supreme Law of the Land;" as such, when state law conflicts or interferes with the operation of federal law, courts often look to the supremacy clause to find that federal law must prevail
- surety
-
someone who promises to perform upon the default of another; a guarantor
- sword and shield doctrine
-
a legal principle that pertains to the use of a contract's terms as both a sword to enforce the contract and a shield to defend against claims under the contract
- third-party rights
-
the ability of third parties or outsiders to enforce contractual rights or to be bound by contractual obligations even though they are not a party to the contract
- time is of the essence
-
time, or timeliness, is a condition of the contract
- tortfeasor
-
a person who commits an intentional or negligent tort—a wrongful act that harms another
- tortious
-
constituting a tort—a wrongful act that harms another
- torts
-
a wrongful act that causes injury
- transferee
-
one to whom a transfer is made
- transferor
-
one who makes a transfer
- treaty
-
a formal and legally binding agreement between the U.S. government and one or more foreign governments or international organizations
- trespass
-
intentionally going on land that belongs to someone else or putting something on someone else’s property and refusing to remove it
- unconscionability
-
when one party to a contract takes advantage of the other due to unequal bargaining positions, perhaps because of the disadvantaged party's recent trauma, physical infirmity, ignorance, inability to read, or inability to understand the language
- unconscionable contract
-
a contract that is very one-sided, unfair, the product of unequal bargaining power, or oppressive
- undue influence
-
improper influence over someone who is making financial decisions, commonly pertaining to making gifts, leaving property at death, or signing a contract
- unenforceable contract
-
a contract that some rule of law bars a court from enforcing
- unforeseen difficulty
-
a difficulty that could not be foreseen that arise after a contract is made
- Uniform Commercial Code (UCC)
-
a set of statutes governing the conduct of business, sales, warranties, negotiable instruments, loans secured by personal property and other commercial matters
- Uniform Electronic Transactions Act (UETA)
-
an act published by the Uniform Law Commission in 1999 giving electronic signatures and records (including contracts) the same legal effect as traditional handwritten signatures and paper documents under the statute of frauds
- unilateral contract
-
an agreement to pay in exchange for performance, if the potential performer chooses to act
- unilateral mistake
-
a mistake made by one party to a contract
- usury
-
extending credit at an exorbitant or illegally high interest rate
- valid contract
-
a legally binding and enforceable agreement that meets all the essential elements required by contract law
- venue
-
the specific geographic location or district where a legal case is heard or tried
- verdict
-
a jury's decision after a trial, which becomes final when accepted by the judge
- vicarious liability
-
legal responsibility that one individual or entity bears when someone else has actually committed the act leading to liability
- void contract
-
an agreement that is lacking one or more of the legal elements of a contract
- voidable contract
-
a contract that may become unenforceable by one party but can be enforced by the other
- voir dire
-
French for "to speak the truth," this is the questioning in court of prospective jurors by a judge or attorneys
- waiver
-
the intentional and voluntary giving up of a right, either by an express statement or by conduct (such as by not enforcing a right)
- writ of certiorari
-
order of a higher court to a lower court to send all the documents in a case to it so the higher court can review the lower court's decision
- wrongful use of civil proceedings
-
the initiation of a civil lawsuit without proper grounds or with an improper motive, resulting in harm to the defendant