Note: The chapter number appears to the right of each definition.
A
Accepted check A check that the drawee bank has signed. This signature is a promise that the bank will pay the check out of its own funds. (Chapter 23) Accounts Any right to receive payment for goods sold or leased, other than rights covered by chattel paper or instruments. (Chapter 25)
Acquit To find the defendant not guilty of the crime for which he was tried. (Chapter 7) Actus reus The guilty act. The prosecution must show that a criminal defendant committed some proscribed act. In a murder prosecution, taking another person's life is the actus reus. (Chapter 7) Administrative law Concerns all agencies, boards, commissions, and other entities created by a federal or state legislature and charged with investigating, regulating, and adjudicating a particular industry or issue. (Chapter 1)
Affidavit A written statement signed under oath. (Chapter 7) Affirm A decision by an appellate court to uphold the judgment of a lower court. (Chapter 3) After-acquired property Items that a debtor obtains after making a security agreement with the secured party. (Chapter 25)
B
Bailee A person who rightfully possesses goods belonging to another. (Chapter 12)
C
Capacity The legal ability to enter into a contract. (Chapter 13)
D
Damages (1) The harm that a plaintiff complains of at trial, such as an injury to her person or money lost because of a contract breach. (2) Money awarded by a trial court for injury suffered. (Chapter 27)
E
Emotional intelligence theory - a leadership theory based on five
components: self-awareness, self-regulation, motivation, empathy, and social
skill. [5]
F
Factfinder The one responsible, during a trial, for deciding what occurred, that is, who did what to whom, when, how, and why. It is either the jury or, in a jury-waived case, the judge. (Chapter 5)
G
GATT See General Agreement on Tariffs and Trade. (Chapter 8)
H
Hacking Gaining unauthorized access to a computer system. (Chapter 32)
I
Identify In sales law, to designate the specific goods that are the subject of a contract. (Chapter 21)
J
Joint venture A partnership for a limited purpose. (Chapter 29)
L
Larceny Taking personal property with the intention of preventing the owner from ever using it. (Chapter 7)
M
Mailbox rule A contract doctrine holding that acceptance is effective upon dispatch, that is, when it is mailed or otherwise taken out of the control of the offeree. (Chapter 10)
N
NAFTA See North American Free Trade Agreement. (Chapter 8)
O
Obligee The party to a contract who is entitled to receive performance from the other party. (Chapter 15)
P
Parol evidence Written or oral evidence, outside the language of a contract, offered by one party to clarify interpretation of the agreement. (Chapter 14)
Q
Quantum meruit "As much as she deserved." The damages awarded in a quasi-contract case. (Chapter 9)
R
Ratification When someone accepts the benefit of an unauthorized transaction or fails to repudiate it once he has learned of it, he is then bound by it. (Chapter 13)
S
S corporation A corporation that is not a taxable entity. (Chapter 29)
T
Takings Clause Part of the Fifth Amendment, it ensures that when any governmental unit takes private property for public use, it must compensate the owner. (Chapter 5)
U
Ultrahazardous activity Conduct that is lawful yet unusual and much more likely to cause injury than normal commercial activity. (Chapter 6)
V
Valuation A process by which the Customs Service determines the fair value of goods being imported, for purposes of imposing a duty. (Chapter 8)
W
Warranty A guarantee that goods will meet certain standards. (Chapter 20)
Accession The use of labor and/or materials to add value to the personal property of another. (Chapter 48)
Accommodation party Someone who does not benefit from an instrument but agrees to guarantee its payment. (Chapter 24)
Accord and satisfaction An agreement to settle a debt for less than the sum claimed. (Chapter 11)
Act of State doctrine A rule requiring American courts to abstain from cases if a court order would interfere with the ability of the president or Congress to conduct foreign policy. (Chapter 8)
Adhesion contract A standard form contract prepared by one party and presented to the other on a "take it or leave it" basis. (Chapter 12)
Adjudicate To hold a formal hearing in a disputed matter and issue an official decision. (Chapter 4)
Affirmative action A plan introduced in a workplace for the purpose of either remedying the effects of past discrimination or achieving equitable representation of minorities and women. (Chapter 28)
Agent A person who acts for a principal. (Chapter 7)]
Alternative dispute resolution (ADR) Any method of resolving a legal conflict other than litigation, such as negotiation, arbitration, mediation, minitrials, and summary jury trials. (Chapter 3)
Amendment Any addition to a legal document. The constitutional amendments, the first ten of which are known collectively as the Bill of Rights, secure numerous liberties and protections directly for the people. (Chapter 1)
Annual report Each year, public companies must send their shareholders an annual report that contains detailed financial data. (Chapter 30)
Answer The pleading, filed by the defendant in court and served on the plaintiff, which responds to each allegation in the plaintiff's complaint. (Chapter 2)
Apparent authority A situation in which conduct of a principal causes a third party to believe that the principal consents to have an act done on his behalf by a person purporting to act for him when, in fact, that person is not acting for the principal. (Chapter 27)
Appellant The party who appeals a lower court decision to a higher court. (Chapter 3)
Appellee The party opposing an appeal from a lower court to a higher court. (Chapter 3)
Arbitration A form of alternative dispute resolution in which the parties hire a neutral third party to hear their respective arguments, receive evidence, and then make a binding decision. (Chapter 3)
Arson Malicious use of fire or explosives to damage or destroy real estate or personal property. (Chapter 7)
Assault An intentional act that causes the plaintiff to fear an imminent battery. (Chapter 6)
Assignee The party who receives an assignment of contract rights from a party to the contract. (Chapter 15)
Assignment The act by which a party transfers contract rights to a third person. (Chapter 15)
Assignor The party who assigns contract rights to a third person. (Chapter 15)
Attachment A court order seizing property of a party to a civil action, so that there will be sufficient assets available to pay the judgment. (Chapter 5)
Authorized and issued stock Stock that has been approved by the corporation's charter and subsequently sold. (Chapter 30)
Authorized and unissued stock Stock that has been approved by the corporation's charter but has not yet been sold. (Chapter 30)
Back to Top
Bailment Giving possession and control of personal property to another person. (Chapter 12)
Bailor One who creates a bailment by delivering goods to another. (Chapter 12)
Battery The intentional touching of another person in a way that is unwanted or offensive. (Chapter 6)
Bearer paper An instrument payable “to bearer.” Any holder in due course can demand payment. (Chapter 22)
Bilateral contract A binding agreement in which each party has made a promise to the other. (Chapter 9)
Bill A proposed statute that has been submitted for consideration to Congress or a state legislature. (Chapter 4)
Bill of lading A receipt for goods, given by a carrier such as a ship, that minutely describes the merchandise being shipped. A negotiable bill of lading may be transferred to other parties and entitles any holder to collect the goods. (Chapter 8)
Bill of Rights The first ten amendments to the Constitution. (Chapter 4)
Blue sky laws State securities laws. (Chapter 38)
Bona fide occupational qualification A job requirement that would otherwise be discriminatory is permitted in situations in which it is essential to the position in question. (Chapter 28)
Bona fide purchaser Someone who buys goods in good faith, for value, typically from a seller who has merely voidable title. (Chapter 19)
Brief The written legal argument that an attorney files with an appeal court. (Chapter 3)
Bulk sale A transfer of most or all of a merchant's assets. (Chapter 19)
Burden of proof The allocation of which party must prove its case. In a civil case, the plaintiff has the burden of proof to persuade the factfinder of every element of her case. In a criminal case, the government has the burden of proof. (Chapter 3)
Business judgment rule A common law rule that protects managers from liability if they are acting without a conflict of interest and make informed decisions that have a rational business purpose. (Chapter 30)
Buyer in ordinary course of business Someone who buys goods in good faith from a seller who routinely deals in such goods. (Chapter 25)
Bylaws A document that specifies the organizational rules of a corporation or other organization, such as the date of the annual meeting and the required number of directors. (Chapter 30)
Back to Top
Certificate of deposit An instrument issued by a bank which promises to repay a deposit, with interest, on a specified date. (Chapter 22)
Certified check A check that the drawee bank has signed. This signature is a promise that the bank will pay the check out of its own funds. (Chapter 23)
Certiorari, writ of Formal notice from the United States Supreme Court that it will accept a case for review. (Chapter 3)
Challenge for cause An attorney's request, during voir dire, to excuse a prospective juror because of apparent bias. (Chapter 3)
Chancery, court of In medieval England, the court originally operated by the Chancellor. (Chapter 1)
Chattel paper Any writing that indicates two things: (1) a debtor owes money and (2) a secured party has a security interest in specific goods. The most com-mon chattel paper is a document indicating a consumer sale on credit. (Chapter 25)
Check An instrument in which the drawer orders the drawee bank to pay money to the payee. (Chapter 22)
CISG See Convention on Contracts for the International Sale of Goods. (Chapter 10)
Civil law The large body of law concerning the rights and duties between parties. It is distinguished from criminal law, which concerns behavior outlawed by a government. (Chapter 1)
Class action A method of litigating a civil lawsuit in which one or more plaintiffs (or occasionally defendants) seek to represent an entire group of people with similar claims against a common opponent. (Chapter 3)
Classification The process by which the Customs Service decides what label to attach to imported merchandise, and therefore, what level of tariff to impose. (Chapter 8)
Close corporation A corporation with a small number of shareholders. Its stock is not publicly traded. (Chapter 29)
Collateral The property subject to a security interest. (Chapter 25)
Collateral promises A promise to pay the debt of another person as a favor to the debtor. (Chapter 14)
Comity A doctrine that requires a court to abstain from hearing a case out of respect for another court that also has jurisdiction. International comity demands that an American court refuse to hear a case in which a foreign court shares jurisdiction if there is a conflict between the laws and if it is more logical for the foreign court to take the case. (Chapter 8)
Commerce clause One of the powers granted by Article I, §8 of the Constitution, it gives Congress exclusive power to regulate international commerce and concurrent power with the states to regulate domestic commerce. (Chapter 5)
Commercial impracticability After the creation of a contract, an entirely unforeseen event occurs which makes enforcement of the contract extraordinarily unfair. (Chapter 16)
Commercial paper Instruments, such as checks and promissory notes, that contain a promise to pay money. Commercial paper includes both negotiable and nonnegotiable instruments. (Chapter 22)
Commercial speech Communication, such as television advertisements, that has the dominant theme of proposing a commercial transaction. (Chapter 5)
Common law Judge-made law, that is, the body of all decisions made by appellate courts over the years. (Chapter 1)
Common stock Certificates that reflect ownership in a corporation. Owners of this equity security are last in line for corporate pay-outs, such as dividends and liquidation proceeds. (Chapter 30)
Comparative negligence A rule of tort law that permits a plaintiff to recover even when the defendant can show that the plaintiff's own conduct contributed in some way to her harm. (Chapter 6)
Compensatory damages Those that flow directly from the contract. (Chapter 17)
Complaint A pleading, filed by the plaintiff, providing a short statement of the claim. (Chapter 3)
Condition A condition is an event that must occur in order for a party to be obligated under a contract. (Chapter 16)
Condition precedent A condition that must occur before a particular contract duty arises. (Chapter 16)
Condition subsequent A condition that must occur after a particular contract duty arises or the duty will be discharged. (Chapter 16)
Confiscation Expropriation without adequate compensation of property owned by foreigners. (Chapter 8)
Conforming goods Items that satisfy the contract terms. If a contract calls for blue sailboats, then green sailboats are nonconforming. (Chapter 21)
Consequential damages Those resulting from the unique circumstances of this injured party. (Chapter 17)
Consideration In contract law, something of legal value that has been bargained for and given in exchange by the parties. (Chapter 11)
Constitution The supreme law of a political entity. The United States Constitution is the highest law in the country. (Chapter 1)
Contract A legally enforceable promise or set of promises. (Chapter 9)
Contributory negligence A rule of tort law that permits a negligent defendant to escape liability if she can demonstrate that the plaintiff's own conduct contributed in any way to the plaintiff's harm. (Chapter 6)
Convention on Contracts for the International Sale of Goods A United Nations sponsored agreement that creates a neutral body of law for sale of goods contracts between companies from different countries. (Chapter 10)
Conversion A tort committed by taking or using someone else's personal property without his permission. (Chapter 23)
Cookie A small computer file that identifies the user of a computer. Internet sites typically place cookies on a computer's hard drive to track visitors to their site. (Chapter 32)
Copyright Under federal law, the holder of a copyright owns a particular expression of an idea, but not the idea itself. This ownership right applies to creative activities, such as literature, music, drama, and software. (Chapter 33)
Counterclaim A claim made by the defendant against the plaintiff. (Chapter 3)
Cover The buyer's right to obtain substitute goods when a seller has breached a contract. (Chapter 17)
Creditor beneficiary When one party to a contract intends to benefit a third party to whom he owes a debt, that third party is referred to as a creditor beneficiary. (Chapter 15)
Criminal law Rules that permit a government to punish certain behavior by fine or imprisonment. (Chapter 1)
Cross-examination During a hearing, for a lawyer to question an opposing witness. (Chapter 3)
Cure The seller's right to respond to a buyer's rejection of nonconforming goods; the seller accomplishes this by delivering conforming goods before the contract deadline. (Chapter 21)
Back to Top
De novo decision The power of an appellate court or appellate agency to make a new decision in a matter under appeal, entirely ignoring the findings and conclusions of the lower court or agency official. (Chapter 4)
Debentures Long-term, unsecured debt, typically issued by a corporation. (Chapter 30)
Debtor A person who owes money or some other obligation to another party. (Chapter 25)
Decedent A person who has died. (Chapter 49)
Defamation The act of injuring someone's reputation by stating something false about her to a third person. Libel is defamation done either in writing or by broadcast. Slander is defamation done orally. (Chapter 6)
Default The failure to perform an obligation, such as the failure to pay money when due. (Chapter 25)
Default judgment Court order awarding one party everything it requested because the opposing party failed to respond in time. (Chapter 3)
Definiteness A doctrine holding that a contract will only be enforced if its terms are sufficiently precise that a court can determine what the parties meant. (Chapter 10)
Delegation The act by which a party to a contract transfers duties to a third person who is not a party to the contract. (Chapter 15)
Deponent The person being questioned in a deposition. (Chapter 3)
Deposition A form of discovery in which a party's attorney has the right to ask oral questions of the other party or of a witness. Answers are given under oath. (Chapter 3)
Derivative action A lawsuit brought by shareholders in the name of the corporation to enforce a right of the corporation. (Chapter 30)
Deterrence Using punishment, such as imprisonment, to discourage criminal behavior. (Chapter 7)
Devisee Someone who inherits under a will. (Chapter 49)
Direct examination During a hearing, for a lawyer to question his own witness. (Chapter 3)
Directed verdict The decision by a court to instruct a jury that it must find in favor of a particular party because, in the judge's opinion, no reasonable person could disagree on the outcome. (Chapter 3)
Disaffirmance The act of notifying the other party to a contract that the party giving the notice refuses to be bound by the agreement. (Chapter 13)
Discharge (1) A party to a contract has no more duties. (2) A party to an instrument is released from liability. (Chapter 16)
A statement that a particular warranty does not apply. (Chapter 20)
Discovery A stage in litigation, after all pleadings have been served, in which each party seeks as much relevant information as possible about the opposing party's case. (Chapter 3)
Dishonor An obligor refuses to pay an instrument that is due. (Chapter 23)
Dissociation A dissociation occurs when a partner leaves a partnership. (Chapter 29)
Diversity jurisdiction One of the two main types of civil cases that a United States district court has the power to hear. It involves a lawsuit between citizens of different states, in which at least one party makes a claim for more than $75,000. (Chapter 3)
Domestic corporation A corporation is a domestic corporation in the state in which it was formed. (Chapter 30)
Donee A person who receives a gift. (Chapter 31)
Donee beneficiary When one party to a contract intends to make a gift to a third party, that third party is referred to as a donee beneficiary. (Chapter 15)
Draft The drawer of this instrument orders someone else to pay money. Checks are the most common form of draft. The drawer of a check orders a bank to pay money. (Chapter 28)
Drawee The person who pays a draft. In the case of a check, the bank is the drawee. (Chapter 22)
Drawer The person who issues a draft. (Chapter 22)
Due Process Clause Part of the Fifth Amendment. Procedural due process ensures that before depriving anyone of liberty or property, the government must go through procedures which ensure that the deprivation is fair. Substantive due process holds that certain rights, such as privacy, are so fundamental that the government may not eliminate them. (Chapter 5)
Dumping Selling merchandise at one price in the domestic market and at a cheaper, unfair price in an international market. (Chapter 8)
Duress (1) A criminal defense in which the defendant shows that she committed the wrongful act because a third person threatened her with imminent physical harm. (2) An improper threat made to force another party to enter into a contract. (Chapter 7)
Duty A tax imposed on imported items. (Chapter 8)
Back to Top
Easement The right to enter land belonging to another and make a limited use of it, without taking anything away. (Chapter 31)
Economic loss doctrine A common law rule holding that when an injury is purely economic and arises from a contract made between two businesses, the injured party may only sue under the UCC. (Chapter 20)
Element A fact that a party to a lawsuit must prove in order to prevail. (Chapter 6)
Embezzlement Fraudulent conversion of property already in the defendant's possession. (Chapter 7)
Eminent domain The power of the government to take private property for public use. (Chapter 5)
Employee at will A worker whose job does not have a specified duration. (Chapter 28)
Enabling legislation A statute authorizing the creation of a new administrative agency and specifying its powers and duties. (Chapter 4)
Entrapment A criminal defense in which the defendant demonstrates that the government induced him to break the law. (Chapter 7)
Equal Protection Clause Part of the Fourteenth Amendment, it generally requires the government to treat equally situated people the same. (Chapter 5)
Equity The broad powers of a court to fashion a remedy where justice demands it and no common law remedy exists. An injunction is an example of an equitable remedy. (Chapter 1)
Error of law A mistake made by a trial judge that concerns a legal issue as opposed to a factual matter. Permitting too many leading questions is a legal error; choosing to believe one witness rather than another is a factual matter. (Chapter 3)
Estate The legal entity that holds title to assets after the owner dies and before the property is distributed. (Chapter 31)
Estoppel Out of fairness, a person is denied the right to assert a claim. (Chapter 27)
Evidence, rules of Law governing the proof offered during a trial or formal hearing. These rules limit the questions that may be asked of witnesses and the introduction of physical objects. (Chapter 3)
Exclusionary rule In a criminal trial, a ban on the use of evidence obtained in violation of the Constitution. (Chapter 7)
Exculpatory clause A contract provision that attempts to release one party from liability in the event the other party is injured. (Chapter 12)
Executed contract A binding agreement in which all parties have fulfilled all obligations. (Chapter 9)
Executive agency An administrative agency within the executive branch of government. (Chapter 4)
Executive order An order by a president or governor, having the full force of law. (Chapter 1)
Executor A person chosen by the decedent to oversee the probate process. (Chapter 14)
Executory contract A binding agreement in which one or more of the parties has not fulfilled its obligations. (Chapter 9)
Exhaustion of remedies A principle of administrative law that no party may appeal an agency action to a court until she has utilized all available appeals within the agency itself. (Chapter 4)
Expectation interest A remedy in a contract case that puts the injured party in the position he would have been in had both sides fully performed. (Chapter 17)
Expert witness A witness in a court case who has special training or qualifications to discuss a specific issue and who is generally permitted to state an opinion. (Chapter 3)
Express authority Conduct of a principal that, reasonably interpreted, causes the agent to believe that the principal desires him to do a specific act. (Chapter 27)
Express contract A binding agreement in which the parties explicitly state all important terms. (Chapter 9)
Express warranty A guarantee, created by the words or actions of the seller, that goods will meet certain standards. (Chapter 20)
Expropriation A government's seizure of property or companies owned by foreigners. (Chapter 8)
False imprisonment The intentional restraint of another person without reasonable cause and without her consent. (Chapter 6)
Federal question jurisdiction One of the two main types of civil cases that a United States district court has the power to hear. It involves a federal statute or a constitutional provision. (Chapter 3)
Federalism A form of national government in which power is shared between one central authority and numerous local authorities. (Chapter 1)
Fee simple absolute The greatest possible ownership right in real property, including the right to possess, use, and dispose of the property in any lawful manner. (Chapter 31)
Fee simple defeasible Ownership interest in real property that may terminate upon the occurrence of some limiting event. (Chapter 31)
Felony The most serious crimes, typically those for which the defendant could be imprisoned for more than a year. (Chapter 7)
Fiduciary duty An obligation to behave in a trustworthy and confidential fashion toward the object of that duty. (Chapter 27)
Financing statement A document that a secured party files to give the general public notice that the secured party has a secured interest in the collateral. (Chapter 25)
Firm offer A contract offer that cannot be withdrawn during a stated period. (Chapter 10)
Fixtures Goods that are attached to real estate. (Chapter 25)
Foreign corporation A corporation formed in another state. (Chapter 30)
Foreign Sovereign Immunity Act A federal statute that protects other nations from suit in courts of the United States, except under specified circumstances. (Chapter 8)
Formal rulemaking The process whereby an administrative agency notifies the public of a proposed new rule and then permits a formal hearing, with opportunity for evidence and cross-examination, before promulgating the final rule. (Chapter 4)
Founding Fathers The authors of the United States Constitution, who participated in the Constitutional Convention in Philadelphia in 1787. (Chapter 1)
Framers See Founding Fathers. (Chapter 5)
Franchise An arrangement in which the franchisee buys from a franchiser the right to establish a business using the franchiser's trade name and selling the franchiser's products. Typically the franchiser also trains the franchisee in the proper operation of the business. (Chapter 29)
Fraud Deception of another person to obtain money or property from her. (Chapter 6)
Freedom of Information Act (FOIA) A federal statute giving private citizens and corporations access to many of the documents possessed by an administrative agency. (Chapter 4)
Freehold estate The present right to possess property and to use it in any lawful manner. (Chapter 31)
Frustration of purpose After the creation of a contract, an entirely unforeseen event occurs that eliminates the value of the contract for one of the parties. (Chapter 16)
Fully disclosed principal If the third party in an agency relationship knows the identity of the principal, that principal is fully disclosed. (Chapter 27)
Fundamental rights In constitutional law, those rights that are so basic that any governmental interference with them is suspect and likely to be unconstitutional. (Chapter 5)
Back to Top
General Agreement on Tariffs and Trade (GATT) A massive international treaty, negotiated in stages between the 1940s and 1994 and signed by over 130 nations. (Chapter 8)
General deterrence See Deterrence. (Chapter 7)
General intangibles Potential sources of income, such as copyrights, patents, trademarks, goodwill, and certain other rights to payment. (Chapter 25)
Gift A voluntary transfer of property from one person to another without consideration. (Chapter 31)
Gift causa mortis A gift made in contemplation of approaching death. (Chapter 31)
Goods Anything movable, except for money, securities, and certain legal rights. (Chapter 8)
Grantee The person who receives property, or some interest in it, from the owner. (Chapter 31)
Grantor (1) An owner who conveys property or some interest in it. (2) Someone who creates a trust. (Chapter 31)
Harmless error A ruling made by a trial court which an appeals court determines was legally wrong but not fatal to the decision. (Chapter 3)
Heir Someone who inherits from a decedent who died intestate (that is, without a will). (Chapter 49)
Holder in due course Someone who has given value for an instrument, in good faith, without notice of outstanding claims or other defenses. (Chapter 22)
Hybrid rulemaking A method of administrative agency procedure incorporating some elements of formal and some elements of informal rulemaking, typically involving a limited public hearing with restricted rights of testimony and cross-examination. (Chapter 3)
Illusory promise An apparent promise that is unenforceable because the promisor makes no firm commitment. (Chapter 19)
Implied authority When a principal directs an agent to undertake a transaction, the agent has the right to do acts that are incidental to it, usually accompany it, or are reasonably necessary to accomplish it. (Chapter 27)
Implied contract A binding agreement created not by explicit language but by the informal words and conduct of the parties. (Chapter 10)
Implied warranty Guarantees created by the Uniform Commercial Code and imposed on the seller of goods. (Chapter 20)
Implied warranty of habitability A landlord must meet all standards set by the local building code or otherwise ensure that the premises are fit for human habitation. (Chapter 31)
Import To transport goods or services into a country. (Chapter 8)
In camera "In the judge's chambers," meaning that the judge does something out of view of the jury and the public. (Chapter 3)
Incidental damages The relatively minor costs, such as storage and advertising, that the injured party suffered when responding to a contract breach. (Chapter 17)
Incorporator The person who signs a corporate charter. (Chapter 30)
Indemnification A promise to pay someone else's obligations. (Chapter 27)
Independent agency An administrative agency outside the executive branch of government, such as the Interstate Commerce Commission. (Chapter 4)
Independent contractor Someone who undertakes tasks for others and whose work is not closely controlled. (Chapter 27)
Indictment The government's formal charge that a defendant has committed a crime. (Chapter 7)
Indorser Anyone, other than the issuer or acceptor, who signs an instrument. (Chapter 23)
Infliction of emotional distress A tort. It can be the intentional infliction of emotional distress, meaning that the defendant behaved outrageously and deliberately caused the plaintiff severe psychological injury, or it can be the negligent infliction of emotional distress, meaning that the defendant's conduct violated the rules of negligence. (Chapter 29)
Informal rulemaking The process whereby an administrative agency notifies the public of a proposed new rule and permits comment but is then free to promulgate the final rule without a public hearing. (Chapter 4)
Injunction A court order that a person either do or stop doing something. (Chapter 1)
Instructions or charge The explanation given by a judge to a jury, outlining the jury's task in deciding a lawsuit and the underlying rules of law the jury should use in reaching its decision. (Chapter 3)
Instruments Drafts, checks, certificates of deposit, and notes. (Chapter 25)
Insurable interest A person has an insurable interest if she would be harmed by the danger that she has insured against. (Chapter 12)
Integrated contract A writing that the parties intend as the complete and final expression of their agreement. (Chapter 14)
Intentional tort An act deliberately performed that violates a legally imposed duty and injures someone. (Chapter 6)
Inter vivos gift A gift made "during life," that is, when the donor is not under any fear of impending death. (Chapter 31)
Interest A legal right in something, such as ownership or a mortgage or a tenancy. (Chapter 17)
Internet An international computer network that connects smaller groups of linked computer networks. (Chapter 32)
Interpretive rules A formal statement by an administrative agency expressing its view of what existing statutes or regulations mean. (Chapter 4)
Interrogatory A form of discovery in which one party sends to an opposing party written questions that must be answered under oath. (Chapter 3)
Inventory Goods that the seller is holding for sale or lease in the ordinary course of its business. (Chapter 25)
Issue All direct descendants such as children, grandchildren, and so on. (Chapter 1)
Issuer The maker of a promissory note or the drawer of a draft. (Chapter 22)
Back to Top
Judgment non obstante verdicto (n.o.v.) "Judgment notwithstanding the verdict." A trial judge overturns the verdict of the jury and enters a judgment in favor of the opposing party. (Chapter 3)
Judicial activism The willingness shown by certain courts (and not by others) to decide issues of public policy, such as constitutional questions (free speech, equal protection, etc.) and matters of contract fairness (promissory estoppel, unconscionability, etc.). (Chapter 5)
Judicial restraint A court's preference to abstain from adjudicating major social issues and to leave such matters to legislatures. (Chapter 5)
Judicial review The power of the judicial system to examine, interpret, and even nullify actions taken by another branch of government. (Chapter 5)
Jurisdiction The power of a court to hear a particular dispute, civil or criminal, and to make a binding decision. (Chapter 3)
Jurisprudence The study of the purposes and philosophies of the law, as opposed to particular provisions of the law. (Chapter 1)
Justification A criminal defense in which the defendant establishes that he broke the law to avoid a greater harm. (Chapter 7)
Law merchant The body of rules and customs developed by traders and businesspersons throughout Europe from roughly the fifteenth to the eighteenth century. (Chapter 18)
Lease A contract creating a landlord-tenant relationship. (Chapter 31)
Legal positivism The legal philosophy holding that law is what the sovereign says it is, regardless of its moral content. (Chapter 1)
Legal realism The legal philosophy holding that what really influences law is who makes and enforces it, not what is put in writing. (Chapter 1)
Legal remedy Generally, money damages. It is distinguished from equitable remedy, which includes injunctions and other nonmonetary relief. (Chapter 17)
Legislative history Used by courts to interpret the meaning of a statute, this is the record of hearings, speeches, and explanations that accompanied a statute as it made its way from newly proposed bill to final law. (Chapter 4)
Legislative rules Regulations issued by an administrative agency. (Chapter 4)
Letter of credit A commercial device used to guarantee payment in international trade, usually between parties that have not previously worked together. (Chapter 8)
Libel See Defamation. (Chapter 6)
License To grant permission to another person (1) to make or sell something or (2) to enter on property. (Chapter 31)
Licensee A person who is on the property of another for her own purposes but with the owner's permission. A social guest is a typical licensee. (Chapter 31)
Lien A security interest created by rule of law, often based on labor that the secured party has expended on the collateral. (Chapter 25)
Life estate An ownership interest in real property entitling the holder to use the property during his lifetime but which terminates upon his death. (Chapter 31)
Limited liability company An organization that has the limited liability of a corporation but is not a taxable entity. (Chapter 29)
Limited liability limited partnership In a limited liability limited partnership, the general partner is not personally liable for the debts of the partnership. (Chapter 29)
Limited partnership A partnership with two types of partners: (1) limited partners who have no personal liability for the debts of the enterprise nor any right to manage the business and (2) general partners who are responsible for management and personally liable for all debts. (Chapter 29)
Liquidated damages A contract clause specifying how much a party must pay upon breach. (Chapter 17)
Liquidated debt The amount of the indebtedness is not in dispute. (Chapter 11)
Litigation The process of resolving disputes through formal court proceedings. (Chapter 3)
Back to Top
Maker The issuer of a promissory note. (Chapter 22)
Material Important or significant. Information that would affect a person's decision if he knew it. (Chapter 14)
Mediation The process of using a neutral person to aid in the settlement of a legal dispute. A mediator's decision is nonbinding. (Chapter 3)
Mens rea Guilty state of mind. (Chapter 7)
Merger An acquisition of one company by another. (Chapter 37)
Minitrial A form of alternative dispute resolution in which the parties present short versions of their cases to a panel of three "judges." (Chapter 3)
Minor A person under the age of 18. (Chapter 13)
Minority shareholders Shareholders who do not own enough stock to control their corporation. (Chapter 37)
Minute book Records of shareholder meetings and directors's meetings are kept in the corporation's minute book. (Chapter 30)
Mirror image rule A contract doctrine that requires acceptance to be on exactly the same terms as the offer. (Chapter 10)
Misdemeanor A less serious crime, typically one for which the maximum penalty is incarceration for less than a year, often in a jail as opposed to a prison. (Chapter 7)
Misrepresentation A factually incorrect statement made during contract negotiations. (Chapter 13)
Mitigation One party acts to minimize its losses when the other party breaches a contract. (Chapter 17)
Modify An appellate court order changing a lower court ruling. (Chapter 3)
Money laundering Taking the profits of criminal acts and either (1) using the money to promote more crime or (2) attempting to conceal the money's source. (Chapter 7)
Mortgage A security interest in real property. (Chapter 31)
Mortgagee A creditor who obtains a security interest in real property, typically in exchange for money given to the mortgagor to buy the property. (Chapter 31)
Mortgagor A debtor who gives a mortgage (security interest) in real property to a creditor, typically in exchange for money used to buy the property. (Chapter 31)
Motion A formal request that a court take some specified step during litigation. A motion to compel discovery is a request that a trial judge order the other party to respond to discovery. (Chapter 3)
Motion to dismiss To terminate a lawsuit, often on procedural grounds, without reaching the merits of the case. (Chapter 3)
Motion to suppress A request that the court exclude evidence because it was obtained in violation of the Constitution. (Chapter 7)
Multinational enterprise A corporation that is doing business in more than one country simultaneously. (Chapter 8)
Back to Top
National Labor Relations Board (NLRB) The administrative agency charged with overseeing labor law. (Chapter 3)
Nationalization A government's seizure of property or companies. (Chapter 8)
Natural law The theory that an unjust law is no law at all and that a rule is only legitimate if based on an immutable morality. (Chapter 1)
Negative or dormant aspect of the Commerce Clause The doctrine that prohibits a state from any action that interferes with or discriminates against interstate commerce. (Chapter 5)
Negligence per se Violation of a standard of care set by statute. Driving while intoxicated is illegal; thus, if a drunk driver injures a pedestrian, he has committed negligence per se. (Chapter 6)
Negotiable instrument A type of commercial paper that is freely transferable. (Chapter 22)
Negotiation The transfer of an instrument. To be negotiated, order paper must be indorsed and then delivered to the transferee. For bearer paper, no indorsement is required-it must simply be delivered to the transferee. (Chapter 22)
Nominal damages A token sum, such as one dollar, given to an injured plaintiff who cannot prove damages. (Chapter 17)
Noncompetition agreement A contract in which one party agrees not to compete with another in a stated type of business. (Chapter 9)
North American Free Trade Agreement A commercial association among Canada, the United States, and Mexico designed to eliminate almost all trade barriers. (Chapter 8)
Note An unconditional written promise that the makerof the instrument will pay a specific amount of money on demand or at a definite time. Whenissued by a corporation, a note refers to short-term debt, typically payable within five years. (Chapter 22)
Novation If there is an existing contract between A and B, a novation occurs when A agrees to release B from all liability on the contract in return for C's willingness to accept B's liability. (Chapter 15)
Back to Top
Obligor The party to a contract who is required to do something for the benefit of the other party. (Chapter 15)
Obscenity Constitutional law doctrine holding that some works will receive no First Amendmentprotection because a court determines theydepict sexual matters in an offensive way. (Chapter 4)
Offer In contract law, an act or statement that proposes definite terms and permits the other party to create a contract by accepting those terms. (Chapter 10)
Offeree The party in contract negotiations who receives the first offer. (Chapter 10)
Offeror The party in contract negotiations who makes the first offer. (Chapter 10)
Order paper An instrument that includes the words "pay to the order of" or their equivalent. (Chapter 22)
Output contract An agreement that obligates the seller of goods to sell everything he produces during a stated period to a particular buyer. (Chapter 10)
Override The power of Congress or a state legislature to pass legislation despite a veto by a president or governor. A congressional override requires a two-thirds vote in each house. (Chapter 4)
Back to Top
Parol evidence rule In the case of an integrated contract, neither party may use evidence outside the writing to contradict, vary, or add to its terms. (Chapter 14)
Part performance An exception to the statute of frauds permitting a buyer of real estate to enforce an oral contract if she paid part of the price, entered the property, and made improvements, with the owner's knowledge. (Chapter 14)
Partially disclosed principal If the third party in an agency relationship knows that the agent is acting for a principal, but does not know the identity of the principal, that principal is partially disclosed. (Chapter 27)
Partnership An association of two or more persons to carry on as co-owners of a business for profit. (Chapter 29)
Partnership at will A partnership that has no fixed duration. A partner has the right to resign from the partnership at any time. (Chapter 29)
Partnership by estoppel If a person who is not a partner implies that he is a partner or does not object when other people imply it, he is liable as if he really were a partner. (Chapter 29)
Patent The right to the exclusive use of an invention for 20 years. (Chapter 33)
Payable on demand The holder of an instrument is entitled to be paid whenever she asks. (Chapter 22)
Payee Someone who is owed money under the terms of an instrument. (Chapter 22)
Peremptory challenge During voir dire, a request by one attorney that a prospective juror be excused for an unstated reason. (Chapter 3)
Perfect tender rule A rule permitting the buyer to reject goods if they fail in any respect to conform to the contract. (Chapter 21)
Perfection A series of steps a secured party must take to protect its rights in collateral against people other than the debtor. (Chapter 25)
Personal property All property other than real property. (Chapter 31)
Plain meaning rule In statutory interpretation, the premise that words with an ordinary, everyday significance will be so interpreted, unless there is some apparent reason not to. (Chapter 4)
Pleadings The documents that begin a lawsuit: the complaint, the answer, the counterclaim and reply. (Chapter 3)
Positive aspect of the Commerce Clause The power granted to Congress to regulate commerce between the states. (Chapter 5)
Precedent An earlier case that decided the same legal issue that is presently in dispute and which, therefore, will control the outcome of the current case. (Chapter 1)
Preemption The doctrine, based on the Supremacy Clause, by which any federal statute takes priority whenever (1) a state statute conflicts or (2) there is no conflict but Congress indicated an intention to control the issue involved. (Chapter 5)
Preferred stock Owners of preferred stock have a right to receive dividends and liquidation proceeds of the company before common shareholders. (Chapter 30)
Preponderance of the evidence The level of proof that a plaintiff must meet to prevail in a civil lawsuit. It means that the plaintiff must offer evidence that, in sum, is slightly more persuasive than the defendant's evidence. (Chapter 3)
Presentment A holder of an instrument makes a demand for payment. (Chapter 23)
Prima facie "At first sight." A fact or conclusion that is presumed to be true unless someone presents evidence to disprove it. (Chapter 28)
Principal In an agency relationship, the principal is the person for whom the agent is acting. (Chapter 27)
Privacy Act A federal statute prohibiting federal agencies from divulging to other agencies or organizations information about private citizens. (Chapter 3)
Private Law Refers to the rights and duties between individuals that they themselves have created, for example, by entering into a contract or employment relationship. (Chapter 1)
Privity The relationship that exists between two parties who make a contract, as opposed to a third party who, though affected by the contract, is not a party to it. (Chapter 20)
Probable cause In a search and seizure case, it means that the information available indicates that it is more likely than not that a search will uncover particular criminal evidence. (Chapter 7)
Procedural due process See Due Process Clause. (Chapter 5)
Procedural law The rules establishing how the legal system itself is to operate in a particular kind of case. (Chapter 1)
Proceeds Anything that a debtor obtains from the sale or disposition of collateral. Normally, proceeds refers to cash obtained from the sale of the secured property. (Chapter 25)
Product liability The potential responsibility that a manufacturer or seller has for injuries caused by defective goods. (Chapter 20)
Production of documents and things A form of discovery in which one party demands that the other furnish original documents or physical things, relating to the suit, for inspection and copying. (Chapter 3)
Professional corporation (PC) A form of organization that permits professionals (such as doctors, lawyers, and accountants) to incorporate. Shareholders are not personally liable for the torts of other shareholders or for the contract debts of the organization. (Chapter 29)
Profit The right to enter land belonging to another and take something away, such as minerals or timber. (Chapter 31)
Promissory estoppel A doctrine in which a court may enforce a promise made by the defendant even when there is no contract, if the defendant knew that the plaintiff was likely to rely on the promise, the plaintiff did in fact rely, and enforcement of it is the only way to avoid injustice. (Chapter 19)
Promissory note The maker of the instrument promises to pay a specific amount of money. (Chapter 22)
Promoter The person who creates a corporation by raising capital and undertaking the legal steps necessary for formation. (Chapter 30)
Promulgate To issue a new rule. (Chapter 4)
Prosecution The government's attempt to convict a defendant of a crime by charging him, trying the case, and forcing him to defend himself. (Chapter 7)
Protective order A court order limiting one party's discovery. (Chapter 3)
Proxy (1) A person whom the shareholder designates to vote in his place. (2) The written form (typically a card) that the shareholder uses to appoint a designated voter. (Chapter 30)
Proxy statement When a public company seeks proxy votes from its shareholders, it must include a proxy statement. This statement contains information about the company, such as a detailed description of management compensation. (Chapter 30)
Public Law Refers to the rights and obligations of governments as they deal with the nation's citizens, for example, by taxing individuals, zoning neighborhoods, and regulating advertisements. (Chapter 1)
Punitive damages Money awarded at trial not to compensate the plaintiff for harm but to punish the defendant for conduct that the factfinder considers extreme and outrageous. (Chapter 6)
Purchase money security interest A security interest taken by the person who sells the collateral to the debtor or by a person who advances money so that the debtor may buy the collateral. (Chapter 25)
Back to Top
Quasi-contract A legal fiction in which, to avoid injustice, the court awards damages as if a contract had existed, although one did not. (Chapter 9)
Quid pro quo A Latin phrase meaning "this for that." It refers to a form of sexual harassment in which some aspect of a job is made contingent upon sexual activity. (Chapter 28)
Quiet enjoyment A tenant's right to use property without the interference of the landlord. (Chapter 31)
Quorum The number of voters that must be present for a meeting to count. (Chapter 30)
Real property Land, together with certain things associated with it, such as buildings, subsurface rights, air rights, plant life, and fixtures. (Chapter 31)
Reasonable doubt The level of proof that the government must meet to convict the defendant in a criminal case. The factfinder must be persuaded to a very high degree of certainty that the defendant did what the government alleges. (Chapter 3)
Record date To vote at a shareholders meeting, a shareholder must own stock on the record date. (Chapter 30)
Reformation The process by which a court rewrites a contract to ensure its accuracy or viability. (Chapter 17)
Reliance interest A remedy in a contract case that puts the injured party in the position he would have been in had the parties never entered into a contract. (Chapter 17)
Remand The power of an appellate court to return a case to a lower court for additional action. (Chapter 3)
Reply A pleading, filed by the plaintiff in response to a defendant's counterclaim. (Chapter 3)
Repossess A secured party takes collateral because the debtor has defaulted on payments. (Chapter 25)
Repudiation An indication made by one contracting party to the other that it will not perform. (Chapter 15)
Request for admission A form of discovery in which one party demands that the opposing party either admit or deny particular factual or legal allegations. (Chapter 2)
Requirements contract An agreement that obligates a buyer of specified goods to purchase all of the goods she needs during a stated period from a particular seller. (Chapter 10)
Res ipsa loquitur A doctrine of tort law holding that the facts may imply negligence when the defendant had exclusive control of the thing that caused the harm, the accident would not normally have occurred without negligence, and the plaintiff played no role in causing the injury. (Chapter 6)
Rescind To cancel a contract. (Chapter 11)
Respondeat superior A rule of agency law holding that a principal is liable when a servant acting within the scope of employment commits a tort that causes physical harm to a person or property. (Chapter 27)
Restitution Restoring an injured party to its original position. (Chapter 17)
Restitution interest A remedy in a contract case that returns to the injured party a benefit that he has conferred on the other party, which it would be unjust to leave with that person. (Chapter 17)
Retribution Giving a criminal defendant the punishment he deserves. (Chapter 7)
Reverse The power of an appellate court to overrule a lower court and grant judgment for the party that had lost in the lower court. (Chapter 3)
Revocation The act of disavowing a contract offer so that the offeree no longer has the power to accept. (Chapter 10)
Rulemaking The power of an administrative agency to issue regulations. (Chapter 3)
Sale on approval A transfer in which a buyer takes goods intending to use them herself but has the right to return the goods to the seller. (Chapter 19)
Sale or return A transfer in which the buyer takes the goods intending to resell them but has the right to return the goods to the original owner. (Chapter 19)
Security agreement A contract in which the debtor gives a security interest to the secured party. (Chapter 25)
Security interest An interest in personal property or fixtures that secures the performance of some obligation. (Chapter 25)
Separation of powers The principle, established by the first three articles of the Constitution, that authority should be divided among the legislative, executive, and judicial branches. (Chapter 5)
Servant An agent whose work is closely controlled by the principal. (Chapter 27)
Service mark A type of trademark used to identify services, not products. (Chapter 33)
Sexual harassment Unwanted sexual advances, comments, or touching, sufficiently severe to violate Title VII of the 1964 Civil Rights Act. (Chapter 28)
Shilling A seller at auction either bids on his own goods or agrees to cross-bid with a group of other sellers. (Chapter 32)
Signatory A person, company, or nation that has signed a legal document, such as a contract, agreement, or treaty. (Chapter 8)
Single recovery principle A rule of tort litigation that requires a plaintiff to claim all damages, present and future, at the time of trial, not afterward. (Chapter 6)
Slander See Defamation. (Chapter 6)
Sole proprietorship An unincorporated business owned by a single person. (Chapter 29)
Sovereign Refers to the recognized political power whom citizens obey. In the United States, the federal and all of the state governments are sovereigns. (Chapter 1)
Sovereign immunity The right of a national government to be free of lawsuits brought in foreign courts. (Chapter 8)
Spam Unsolicited commercial or bulk e-mail. ("To spam" is to send such e-mail.) (Chapter 32)
Specific deterrence See Deterrence. (Chapter 7)
Specific performance A contract remedy requiring the breaching party to perform the contract, by conveying land or some unique asset, rather than by paying money damages. (Chapter 17)
Stakeholders Anyone who is affected by the activities of a corporation, such as employees, customers, creditors, suppliers, shareholders, and neighbors. (Chapter 30)
Stale check A check presented more than six months after its due date. (Chapter 24)
Stare decisis "Let the decision stand." A basic principle of the common law, it means that precedent is usually binding. (Chapter 1)
Statute A law passed by a legislative body, such as Congress. (Chapter 1)
Statute of frauds This law provides that certain contracts are not enforceable unless in writing. (Chapter 14)
Statute of limitations A statute that determines the period within which a particular kind of lawsuit must be filed. (Chapter 16)
Statute of repose A law that places an absolute limit on when a lawsuit may be filed, regardless of when the defect was discovered. (Chapter 20)
Statutory interpretation A court's power to give meaning to new legislation by clarifying ambiguities, providing limits, and ultimately applying it to a specific fact pattern in litigation. (Chapter 4)
Strict liability A tort doctrine holding to a very high standard all those who engage in ultrahazardous activity (e.g., using explosives) or who manufacture certain products. (Chapter 6)
Subpoena An order to appear, issued by a court or government body. (Chapter 4)
Subpoena duces tecum An order to produce certain documents or things before a court or government body. (Chapter 4)
Subrogation The substitution of one person for another. For example, if an insurance company pays a claim, it acquires through subrogation whatever rights the insured had against any third parties. (Chapter 24)
Substantial performance The promisor performs contract duties well enough to be entitled to his fullcontract price, minus the value of any defects. (Chapter 16)
Substantive due process See Due Process Clause. (Chapter 5)
Substantive law Rules that establish the rights of parties. For example, the prohibition against slander issubstantive law, as opposed to procedural law. (Chapter 1)
Summary judgment The power of a trial court to terminate a lawsuit before a trial has begun, on the grounds that no essential facts are in dispute. (Chapter 3)
Summary jury trial A form of alternative dispute resolution in which a small panel of jurors hears shortened, summarized versions of the evidence. (Chapter 3)
Supremacy Clause From Article VI of the Constitution, it declares that federal statutes and treaties take priority over any state law if there is a conflict between the two, or even absent a conflict if Congress manifests an intent to preempt the field. (Chapter 5)
Back to Top
Tariff A duty imposed on imported goods by the government of the importing nation. (Chapter 8)
Tenancy by the entirety A form of joint ownership available only to married couples. If one member of the couple dies, the property goes automatically to the survivor. Creditors cannot attach the property, nor can one owner sell the property without the other's permission. (Chapter 31)
Tender To make conforming goods available to the buyer. (Chapter 21)
Tender offer A public offer to buy a block of stock directly from shareholders. (Chapter 36)
Term partnership When the partners agree in advance on the duration of a partnership. (Chapter 29)
Third-party beneficiary Someone who stands to benefit from a contract to which she is not a party. An intended beneficiary may enforce such a contract; an incidental beneficiary may not. (Chapter 15)
Three-Fifths Clause A clause in Article 1, Section 2 of the United States Constitution, now void and regarded as racist, which required that for purposes of taxation and representation, a slave should be counted as three-fifths of a person. (Chapter 5)
Tort A civil wrong, committed in violation of a duty that the law imposes. (Chapter 6)
Tortious interference with a contract A tort in which the defendant deliberately impedes an existing contract between the plaintiff and another. (Chapter 6)
Tortious interference with a prospective advantage A tort in which the defendant deliberately obstructs a developing venture or advantage that the plaintiff has created. (Chapter 6)
Trade acceptance A draft drawn by a seller of goods on the buyer and payable to the seller or some third party. (Chapter 22)
Trade secret A formula, device, process, method, or compilation of information that, when used in business, gives the owner an advantage over competitors who do not know it. (Chapter 33)
Trademark Any combination of words and symbols that a business uses to identify its products or services and that federal law will protect. (Chapter 33)
Treasury stock Stock that has been bought back by its issuing corporation. (Chapter 30)
Trespass A tort committed by intentionally entering land that belongs to someone else or remaining on the land after being asked to leave. (Chapter 5)
Trial court Any court in a state or federal system that holds formal hearings to determine the facts in a civil or criminal case. (Chapter 3)
Unconscionable contract An agreement that a court refuses to enforce because it is fundamentally unfair as a result of unequal bargaining power by one party. (Chapter 12)
Undisclosed principal If a third party in an agency relationship does not know that the agent is acting for a principal, that principal is undisclosed. (Chapter 27)
Undue influence One party so dominates the thinking of another party to a contract that the dominant party cannot truly consent to the agreement. (Chapter 13)
Unilateral contract A binding agreement in which one party has made an offer that the other can accept only by action, not words. (Chapter 9)
Unliquidated debt A claimed debt that is disputed, either because the parties disagree over whether there is in fact a debt or because they disagree over the amount. (Chapter 11)
Usury Charging interest at a rate that exceeds legal limits. (Chapter 12)
Verdict The decision of the factfinder in a case. (Chapter 3)
Veto The power of the president to reject legislation passed by Congress, terminating the bill unless Congress votes by a two-thirds majority to override. (Chapter 4)
Void agreement An agreement that neither party may legally enforce, usually because the purpose of the bargain was illegal or because one of the parties lacked capacity to make it. (Chapter 9)
Voidable contract An agreement that, because of some defect, may be terminated by one party, such as a minor, but not by both parties. (Chapter 9)
Voir dire The process of selecting a jury. Attorneys for the parties and the judge may inquire of prospective jurors whether they are biased or incapable of rendering a fair and impartial verdict. (Chapter 3)
Back to Top
Warranty of fitness for a particular purpose An assurance under the Uniform Commercial Code that the goods are fit for the special purpose for which the buyer intends them and of which the seller is aware. (Chapter 20)
Warranty of merchantability An assurance under the Uniform Commercial Code that the goods are fit for their ordinary purpose. (Chapter 20)
Whistleblower Someone who discloses wrongful be-havior. (Chapter 28)
World Wide Web A decentralized collection of documents containing text, pictures, and sound that is accessible from Internet sites. It is a sub-network of the Internet. (Chapter 32)
Writ An order from a government compelling someone to do a particular thing. (Chapter 1)
Back to Top