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abandoned proprety: proprety left behind intentionally and

permanently

abuse of discretion: an error of judgment by a trial court in making a


ruling that is clearly unreasonable, erroneous, or arbitrary and not
justified by the facts or the law applicable in the case

accept: v. to receive something with approval and intention to keep it.

accomplice: someone who assists in the commission of a crime and,


unlike a mere accessory, is usually present or directly aids in the crime

accusation: charging someone with a crime either by indictment by a


Grand Jury

acquit: if the jury or judge finds the accused defendant not guilty

act of God: a natural catastrophe which no one can prevent such as


an earthquake. Un preventable event in contract relation which excuse
one party from another to fulfill a contract elemination.

administrative law: the branch of the law dealing with government


agencies

admissible evidence: evidence which the trial judge finds is useful in


helping the trier of fact

adverse possession: a means to acquire title to land through obvious


occupancy of the land

agency: the relationship of a person who acts on behalf of another


person, company, or government, known as the principal

antitrust law: body of law that regulates business activites and


markets, especially agreements and practises that limit competition

appeal: to ask a higher court to reverse the decision of a trial court


after final judgment or other legal ruling

appraise: to professionally evaluate the value of proprety

articles of incorporation: the basic charter of a corporation which spells


out the name, basic purpose, incorporators, amount and types of stock
which may be issued, and any special characteristics such as being
non-profit

assignment: the act of the transferring an interest in proprety or some


right to another

bad debt: an uncollectible debt.


bailment: the act of placing property in the custody(čuvanje) and
control of another, usually by agreement in which the holder is
responsible for the safekeeping and return of the proprety

balance sheet: financial statement showing a company's assets,


liabilites and equity on a given date

bankruptcy: a federal system of statutes and courts which permits


persons and business which are insolvent or face potential insolvency,
to place his/her financial affairs under the control of the bankruptcy
court

beneficiary: definition for any person or entity who is to receive


assets(sredstva) or profits from an estate(ustanova)

beyond a reasonable doubt: a standart of conviction when the jurors


are told that they can only find the defendant guilty if they are
convinced of his/her guilt

bill of lading: is sent to the buyer by the shipper upon payment for the
goods, and is thus proof that the recipient is entitled to the goods when
received. It is a contract protecting the shipper by guaranteeing
payment.

Bill of Rights: the first ten amendments to the federal Constitution

board of directors: group of individuals elected by shareholders to


make the major decisions of the company

bona fide (good faith): it signifies honesty, in the case of a party


claiming title as bona fide purchaser or holder, it indicates innocence
or lack of knowledge of any fact that would cast doubt on the right to
hold title

bond: written evidence of debt issued by a company with the terms of


payment spelled out

book value: a detrmination of the value of corporation's stock by


adding up the stated value of corporate assets as shown on the books

breach of contract: failing to complete any term of a contract, written or


oral without a legitimate legal excuse. It is one of the common causes
of law suits

bribery: the crime of giving or taking money or some other valuable


item in order to influence a public official in the performance of his/her
duties

broker: a person who arranges contracts between a buyer and seller


for a commission
burden of proof: the requirement that the plaintiff show by a
''preponderance of evidence'' that all the facts necessary to win a
judgment are presented and are probably true.

bylaws: document that defines a company's internal organisation

C.I.F.: the total of cost, insurance and freight charges to be paid on


goods purchased and shipped

cancel: to cross out, annul, destroy, void and/or rescind a document

capital assets: equipment, proprety, and funds owened by a business

capital punishment: execution (death) for a capital offense

cause of action: the reason someone is entitled to sue someone else.


And in all cases there must be a connection between the acts of the
defendant(obtoženca) and damages.

caveat emptor: »buyer beware« it is used to warn people buying


goods that they may not be able to get compensation if the goods they
buy are faulty. Buyer buys at his own risk.

challenge: the right of each attorney in a jury trial to request that a


juror be excused

chattel: an item of personal proprety which is movable

circumstantial evidence: evidence in a trial which is not directly from


an eyewitness or participant and requires some reasoning to prove a
fact

claim: to make a demand for money, for proprety, or for


enforcement(izvršitev) of a right provided(guaranted) by law. If such a
demand is not honored it may result in a lawsuit.

class action: a lawsuit filed by one or more people on behalf of


themselves and larger group of people ''who are similarly situated

clear title: holding ownership of real proprety without any claims by


others

clear and present danger: if a situation creates a threat to the public,


individual citizens or to the nation

collateral: property pledged to secure a loan or debt, usually funds or


personal property as distinguished from real property

collusion: where two persons enter into a deceitful agreement, usually


secret, to defraud and/or gain an unfair advantage over a third party
common proprety: real proprety owned by ''tenants in common'', who
each have an ''undivided interest'' in the entire proprety

compensatory damages: damages recovered(iztožene napake) in


payment for actual injury or economic loss

compromise: an agreement between opposing parties to settle a


dispute or reach a settlement(poravnava) in which each gives some
ground(vsaka malo popusti), rather than continue the dispute or go to
trial

condition: a term or requirement stated in a contract, which must be


met for the other party to have the duty to fulfill his/her obligations

consideration: it is a benefit which must be bargained for between the


parties and it is a essential reason for a party entering into a contract

contract: an agreement between two or more people, or groups to do


or not to do something. The agreement can be forced by law

conveyance: a generic term for any written document which transfers


real proprety or real proprety interests from one party to another. A
conveyance must be acknowledged before a notary.

corroborating evidence: evidence which strengthens or confirms


already existing evidence

counter offer: an offer made in response to a previous offer by the


other party during negotiations for a final contract.

creditor: a person or entity to whom a debt is owed

cross-examination: the opportunity for the attorney to ask questions in


court of a witness who has testifield in a trial on behalf of the opposing
party

damages: amount of money which a plaintiff may be awarded in a


lawsuit.

debt: money owed

declaratory judgment: a judgment of a court which determines the


rights of parties without ordering anything be done or awarding
damages

degree of kinship: the level relationship between two persons related


by blood, such as parent to child

deed: the written document which transfers title or an interest in real


proprety to another person

default: the failure to make a payment when due


depreciation: the actual or theoretical gradual loss of value of an asset
through increasing age, natural wear and tear, or deterioration

derivative action: a lawsuit brought by a corporation shareholders


against the directors, management and/or other shareholders of the
corporation, for a failure by management

diligence: reasonable care or attention to a matter, which is good


enough to avoid a claim of negligence

disclaimer: denial or renunciatin by someone of his title to property

divestiture: the court-ordered or voluntary giving up of a possession or


right, which is a common result in a antitrust action to prevent
monopoly or other restraint of trade

double jeopardy: placing someone on trial a second time for an


offense for which he/she had been previously acquitted

due process of law: A fundamental principle of fairness in all legal


matters, both civil and criminal, especially in the courts.

duress: the use of force, false imprisonment or threats to compel


someone to act contrary to his/her wishes or interests

easement: the right to use real proprety of another for a specific


purpose

embezzlement: the crime of stealing the funds or proprety of an


employer, company or assets held in trust

eminent domain: the power of a governmental entity to take private


real estate for public use, with or without the permission of the owner

encumbrance: a general term for any claim or lien on a parcel of real


proprety

entity: a general term for any institution, company, corporation,


partnership, government agency, university or any other organization
which is distinguished from individuals

equity: the net value of real proprety

exclusionary rule: the rule that evidence secured by illegal means and
in bad faith cannot be introduced in a criminal trial

face value: the original cost of the stock shown on the certificate

fair market value: the amount for which proprety would sell on the
open market if put up for sale
felony: a crime sufficiently serious to be punishable by death or a term
in state or federal prison

free and clear: referring to the ownership of real property upon which
there is no lien, encumbrance, recorded judgment or the right of
anyone to make a claim against the property.

fruit of the poisonous tree: the doctrine that evidence discovered due
to information found through illegal search or other unconstitutional
means

good faith: honest intent to act without taking an unfair advantage over
another person or to fulfill a promise to act, even when some legal
technicality is not fulfilled

goodwill: the benefit of a business having a good reputation, it


becomes important when a business is sold

gross negligence: if one has borrowed or contracted to take care of


another's proprety, then gross negligence is the failure to actively take
the care one would of his/her own proprety

hearing: any proceeiding before a judge or other magistrate in which


evidence and/or argument is presented to determine some issue of
fact or both issues of fact and law

heir: one who acquires proprety upon the death of another

hung jury: jury in a criminal case, in which neither side is able to


prevail, it means no unanimous verdict

impeachment: the trying of a public official for charges of illegal acts


committed in the performance of public duty.

implied contract: an agreement which is found to exist based on the


circumstances when to deny a contract would be unfair

implied warranty: an assumption at law that products work and are


usable as normally expected by consumers, unless there is a warning
that they are sold as second hand without any warranty

incapacity: lacking the ability to understand one's action in making a


will, executingsome other document or entering into a agreement

indictment: to bring an accusation, where will not find guilt, but only the
probability that a crime was committed

insider trading: the use of confidential information about a business


gained through employment in a company or a stock brokerage
interstate commerce: Commercial trade, business, movement of
goods or money, or transportation from one state to another, regulated
by the federal government.

irreparable damage or injury: the type of harm which no monetary


compensation can cure or put conditions back the way they were

joint liability: when two or more persons are both responsible for a
debt, claim or judgment

jury trial: the right, that the case is presented to a jury and the factual
questions and the final judgment are determined by a jury

juvenile delinquent: a person who is under age, who is found to have


committed a crime

kin: blood relative.

landlord and tenant: the name for the area of law concerning renting
and leasing proprety and the rights of both the owner and the renter or
lessee

larceny: the crime of taking the goods of another person without


permission

latent defect: a hidden flaw, wreakness or imperfection in an article


which a seller knows about, but the buyer cannot discover by
reasonable inspection

lawsuit: a common term for a legal action by one person or entity


against another person or entity, to be decided in a court of law

lease: a written agreement in which the owner of proprety allows use


of the proprety for a specified period of time and for specific periodic
payment

lessee: the person renting proprety under a written lease from the
owner

letter for credit: a document issued by a bank guaranteeing to provide


a customer a line of credit for money or security for a loan

liability: means legal responsibility for one's acts or omissions

liebel: to publish in print and untruth about another which will do harm
to that person or his/her reputation

lien: interest of attachment in another's proprety as security for


payment of an obligation
limited liability: the maximum amount a person participating in a
business can lose or be charged in case of claims against the
company or its bankruptcy

litigation: any lawsuit or other resort to the courts to determine a legal


question or matter

malice aforethought: the conscious intent to cause death or great


bodily harm to another person before a person commits the crime

manslaughter: the unlawful killing of another person without


premeditation or malice aforethought

maturity: the date when the payment of the principal amount owed
becomes due

meeting of the minds: when two parties to an agreement, both have


the same understanding of the terms of the agreement

merger: in corporate law, the joining together of two corporations in


which one corporation tranfers all of its assets to the other, which
continues to exist

Miranda warring: the right to remain silent, the right to legal counsel,
and the right to be told that anything he/she says can be used in court
against him/her before the time of arest

misfeasance: management of a business, public office or other


responsibility in which there are errors and an unfortunate result
through mistake or carelessness, but without evil intent and/or
violation of law

mistake: an error in comprehending facts, which causes one party or


both parties to enter into a contract without understanding the
obligations or results

mitigating circumstances: conditions which do not excuse or justifly


criminal conduct but are accepted in deciding the degree of the
offense the prosectutor charges

mortage: transef of legal title of a proprety, often land, to another as


security for payment of a debt

mutual: referring to anything in which both parties have reciprocal


right, understanding or agreement

natural person: a real human being, as distinguished from a


corporation, which is often treated at law as a fictious person

negligence: lack of proper care to do a duty properly


notary public: a person authorized by the state who certifies legal
documents

novation: agreement of parties to a contract to substitute a new


contract for the old one. It cancels the old agreement

obligee: the person of entity to whom an obligation is owed, like the


one to be paid on a promissory note

obligor: the person or entity who owes an obligation to another, as one


who must pay on prosissory note

offer: a specific proposal to enter into an agreement with another

officious intermedler: a volunteer who assists and/or benefits another


without contractual responsibility or legal duty to do so, but
nevertheless wants compensation for his/her actions

oral contract: an agreement made with spoken words and either no


writing or only partially written

ownership: legal title coupled with exclusive legal right to possession

paramount title: a right to real proprety which prevails over any other
person's claim of title

parole: a convicted criminal defendant after he/she has completed part


of his/her prison sentence based on determinate conditions

partnership: a business enterprise entered into for profit which is


owned by more than one person, each of whom is a ''partner''

party: the claimant(tožilec) or defendant(obtoženi) in a lawsuit. It is


also someone who has taken out a contract or agreement

plaintiff: the person who goes to court to make a claim afainst


someone else

patent infringement: use a patent without obtaining permission of the


owner of the patent by contract, licence or waiver

pierce of corporate veil: to prove that a corporation exists merely as a


completely controlled front for an individual or management group

plea bargain: an agreement in a criminal case whereby the prosecutor


offers the defendant the opportunity to plead guilty, usually to a lesser
charge or to the original criminal charge with a recommendation of a
lighter than the maximum sentence

power of attorney: a written document signed by a person, giving


another person the power to act in conducting the signer's business
preemptive right: the right of a shareholder in a corporation to have the
first opportunity to purchase a new issue of stock of that corporation
before it is offered to the public

presumption of innocence: a fundamental protection for a person


accused of a crime, which requires the prosecution to prove its case
against the defendant beyond a reasonable doubt.

privacy: the right to be free of unnecessary public scrutiny or to be let


alone.

probable cause: sufficient reason based upon known facts to belive a


crime has been committed

product liability: the responsibility of manufactures, distributors and


sellers of products to the public, to deliver products free of defects

proprety tax: an annual governmental tax on real proprety or personal


proprety based on a tax rate

prosecution: the government attorney trying the case against a person


accused of a crime

possession: any article, object, asset or proprety which one owns,


occupies, holds or has under control

premises: in real estate, land and the improvements on it, a building,


store, shop, apartment, or other designated structure

public domain: land owned directly by the government

public utility: any organization which provides services to the general


public

quasi contract: a situation in which there is an obligation as if there


was a contract, although the technical requirements of a contract have
not been fulfilled

quiet enjoyment: the right to enjoy and use premises in peace and
without interference

quorum: the number of people required to be present before a meeting


can conduct business

real estate (real proprety): land, including anything attached to it

recoupment: the right of a defendant in a lawsuit to demand deduction


from the amount awarded to plaintiff of a sum due the defendant from
the plaintiff in the transaction which was the subject of the lawsuit

redeem: to buy back, as when an owner who had mortgaged his/her


real proprety pays off the debt
remedy: the means to achieve justice in any matter in which legal
rights are involved

renewal: keeping an existing arrangement in force for an additional


period of time

rescission: the cancellation of a contract by mutual agreement of the


parties

restraint of trade: any activity which tends to limit trade

search warrant: a written order by a judge which permits to search a


specific place or identifies the persons and any articles intended to be
seized

secured transaction: any loan or credit in which proprety is pledged as


security in the event payment is not made

self-dealing: using secret ''inside'' information gained by being an


official of a corporation to buy or sell stock before the information
becomes public

setoff: a claim by a defendant in a lawsuit that the plaintiff owes the


defendant money which should be subtracted from the amount of
damages claimed by plaintiff

settlement: The resolution of a lawsuit without going forward to a final


court judgment. Most settlements are achieved by negotiation in which
the attorneys and the parties agree to terms of settlement.

standard of care: attention, caution and prudence that a reasonable


person in the circumstances would exercise

statute of limitations: a law which sets the maximum period which one
can wait before filing a lawsuit, depending on the type of case or claim

subcontractor: a person or business which has a contract with a


contractor to provide some portion of the work or services on a project
which the contractor has agreed to perform

subpena: an order of the court for a witness to appear at a particular


time and place to testifly and/or produce documents in the control of
the witness

supremacy clause: the supremacy clause establishes the Constitution,


Federal Statutes, and U.S. treaties as "the supreme law of the land."

tenant: a person who occupies real property owned by another based


upon an agreement between the person and the landlord/owner,
almost always for rental payments.
tangible proprety: proprety other than land that is capable of being
touched or left

tenant: a person who occupies real property owned by another based


upon an agreement between the person and the landlord/owner,
almost always for rental payments.

tort: wrong committed between private individuals for which the law
provides a remedy

trade mark: a distinctive design, picture, emblem, logo or wording


affixed to goods for sale to identity

ultra vires: unauthorised, beyond a person's legal power

unconstitutional: referring to a statute, governmental conduct, court


decision or private contract which violate one or more provisions of the
U.S. Constitution.

unfair competition: wrongful and/or fraudulent business methods to


gain an unfair advantage over competitors

unjust enrichment: a benefit by chance, mistake or another's


misfortune for which the one enriched has not paid or worked

vendor: a seller, particulary of real proprety

vested: to give full title to a proprety to a person

void: referring to a statute, contract, ruling or anything which is null


and of no effect

vicarious liability: attachment of responsibility to a person for harm or


damages caused by another person in either a negligence lawsuit or
criminal prosecution

waive: to voluntarily give up something or knowingly giving up a legal


right

warranty: a written statement of good quality of merchandise, clear


title to real estate or that a fact stated in a contract is true

white collar crime: a generic term for crimes involving commercial


fraud, swindles and other forms of dishonest business schemes

winding up: liquidation the assets of a corporation or parthership

wrongful termination: a right of an employee to sue his/her employer


for damages (loss of wage)

zoning: municipal or county regulation of land use effected through the


creation and enforcement of zones under local law

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