Chapter 1 Flashcards Preview

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Flashcards in Chapter 1 Deck (23)
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1
Q

Please click on the link below and spend a few minutes familiarizing yourself with the link content:

http://lexisnexis.com/clients/cacourts/

A

Please click on the link below and spend a few minutes familiarizing yourself with the link content:

http://lexisnexis.com/clients/cacourts/

2
Q

Tort

A

Any wrongful act (not involving a breach of contract) for which a civil section will lie for the person wronged.

3
Q

Community Property

A

Property acquired by husband and/or wife during a marriage when not acquired as the separate property of either spouse. Each spouse has equal rights of management, alienation and testamentary disposition of community property.

4
Q

Civil Law

A

The system of law concerned with private relations between members of a community rather than criminal, military, or religious affairs.

5
Q

Common Law

A

Law that is derived from court decisions. The body of law that grew from custom and practices developed and used in England “Since the memory of man runneth not to the contract”.

6
Q

Stare Decisis

A

The legal principle of determining points in litigation according to precedent.

7
Q

Mediation

A

A form of alternative dispute resolution in which the parties to a lawsuit meet with a neutral third-party in an effort to settle the case.

8
Q

Arbitration

A

A neutral third party who listens to each party’s position and makes a final binding decision.

9
Q

Statute of Limitations

A

A statute prescribing a period of limitation for the bringing of certain kinds of legal action.

10
Q

Statute of Frauds

A

A state law requiring certain contracts to be in writing and signed before they will be enforceable at law. Ex: Contracts for the sale of real property, contracts not be performed within one year.

11
Q

Covenants, Conditions, and Restrictions (CC&Rs)

A

The basic rules establishing the rights and obligations of owners of real property within a subdivision or other tract of land in relation to other owners within the same subdivision or tract and in relation to an association of owners organized for the purpose of operating and maintaining property commonly owned by the individual owners.

12
Q

Police Power

A

The right of any political body to enact laws and enforce them, for the order, safety, health, morals and general welfare of the public.

13
Q

Zoning

A

The division of an area into zones, as to restrict the number and types of buildings and their uses.

14
Q

Eminent Domain

A

The right of the government to acquire property for necessary public or quasi-public use by condition; the owner must be fairly compensated and the right of the private citizen to get paid is spelled out in the 5th Amendment of the United State Constitution.

15
Q

Due Process

A

The legal requirement that the State must respect all legal rights that are owed to a person.

16
Q

Injunction

A

A writ or order issued under the seal of a court to restrain one or more parties to a suit or proceeding from doing an act which is deemed to be inequitable or unjust in regard to the rights of some other party or parties in the suit or proceeding.

17
Q

Specific Performance

A

An action to compel performance of an agreement, ex: sale of land as an alternative to damages or rescission.

18
Q

Substantive Law

A

The statutory, or written law, that defines rights and duties, such as crimes and punishments, civil rights and responsibilities in civil law. It is codified in legislative statutes or can be enacted through the initiative process.

19
Q

Procedural Law

A

Comprises the rules by which a court hears and determines what happens in civil lawsuit, criminal or administrative proceedings.

20
Q

Any wrongful act (not involving a breach of contract) for which a civil section will lie for the person wronged is referred to as….?

A. Tort
B. Conspire
C. Sociological Jurisprudence
D. Negligence

A

A. Tort

21
Q

The intention of the law is to establish order and to enforce promises….?

A. True
B. False

A

A. True

22
Q

The purpose of this court is to correct a mistake make in a lower court judgement…..?

A. Civil Court
B. Appellate court
C. Common Court
D. Superior Court

A

B. Appellate court

23
Q

A decision made in mediation is never binding…..?

A. True
B. False

A

B. False