Legal Terms Flashcards

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Appeal

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A request made after a trial by a party that has lost on one or more issues that a higher court review the decision to determine if it was correct.

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Asset

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Property of all kinds, including real and personal, tangible and intangible.

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Burden of Proof

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The duty to prove disputed facts. In civil cases, a plaintiff generally has the burden of proving his or her case.

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Class Action Lawsuits

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A lawsuit in which one or more members of a large group, or class, of individuals or other entities sue on behalf of the entire class. The district court must find that the claims of the class members contain questions of law or fact in common before the lawsuit can proceed as a class action.

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Civil Case

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A non-criminal lawsuit in which an individual, business, or government entity sues another to protect, enforce, or to be compensated for a violation of private rights. There are hundreds of varieties of civil cases, including lawsuits for breach of contract, probate, divorce, negligence, etc.

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Collateral

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Property that is promised as security for the satisfaction of a debt.

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Complaint

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Papers filed with the court by a plaintiff to start a lawsuit. A complaint sets out facts and legal claims (called “causes of action”). In some types of cases, it is called a “petition.”

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Contract

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A legally binding agreement involving two or more people or businesses that sets forth what each will or will not do. Generally, contracts can be oral or written.

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Damages

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Money that the losing side must pay to the winning side to make up for losses or injuries. There are different kinds of damages: compensatory; punitive or exemplary; statutory; and more.

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Forgery

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Intentionally altering, or false making, of a writing, with intent to defraud, that might have a legal effect.