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

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

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

dependence on another person's (or entity's) statements or actions

reliance interest

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

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

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

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Business Law I - Interactive Copyright © 2024 by Melanie Morris is licensed under a Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International License, except where otherwise noted.