Vocabulary Words
Team 1 =
Agreement to agree: An unenforceable agreement which obliges two parties to
negotiate in good faith towards a proposed agreement with the intent that the final agreement
will be embodied in a formal written document and that neither party will be bound until the
final agreement is executed.
Bar: A legal obstacle or barrier that prevents or destroys a legal action or claim,
especially one that prevents the relitigation of an issue or the formation of a valid contract.
(barred action)
Binder: A written statement of the key terms of an agreement
Motion to dismiss:In civil litigation, a written submission to the court at a preliminary
stage of the case, generally before the defendant answers, seeking dismissal of the case on
one of several grounds, including lack of jurisdiction over the person or subject matter, and
failure of the plaintiff to allege requisite elements of the cause of action asserted in the
complaint, etc.; may be granted with or without leave given to plaintiff to amend his
complaint to correct deficiencies.
Specific performance: An extraordinary equitable remedy that obligates a party to
perform his/her obligations under a contract. As a general rule, specific performance is
applied in breach of contract actions where monetary damages are inadequate or insufficient.
Statute of Frauds: Law which obliges the contract for the sale of real property to be in
writing and to contain the essential terms of the agreement.
Negligence: The omission to something which a reasonable man, guided by those ordinary
considerations which ordinarily regulate human affairs, would do, or the doing of something which a
reasonable and prudent man would not do. The failure to use such care as a reasonably prudent and
careful person would do under similar circumstances; it is the doing of some act which a person of
ordinary prudence would not have done under similar circumstances. Conduct which falls below the
standard established by law for the protection of others against unreasonable risk of harm; it is a
departure from the conduct expectable of a reasonably prudent person under like circumstances.
NuisanceSomething that interferes with the use of property by being irritating, offensive,
obstructive, or dangerous. Nuisances include a wide range of conditions, everything from a chemical
plant's noxious odors to a neighbor's dog barking. The former would be a public nuisance, one
affecting many people, while the other would be a private nuisance, limited to making your life
difficult. Lawsuits may be brought to abate (remove or reduce) a nuisance.
Nuisance Per Se An act, occupation, or structure which is a nuisance at all times and under any
circumstances, regardless of the location or surroundings…
Nuisance per accidens : An act, occupation, or structure which becomes a nuisance by reason
of its location or by reason of the manner in which it is constructed, maintained or operated.
Tort An injury to one person for which the person who caused the injury is legally responsible.
A tort can be intentional -- for example, an angry punch in the nose -- but is far more likely to result
from carelessness (called "negligence"), such as riding your bicycle on the sidewalk and colliding
with a pedestrian. While the injury that forms the basis of a tort is usually physical, this is not a
requirement -- libel, slander, and the "intentional infliction of mental distress" are examples of torts
not based on a physical injury. A tort is a civil wrong, as opposed to a criminal wrong.
Law of private nuisance :This law imposes a duty to prevent harm to the neighbor and
prohibits using property in a harmful way.
Team 2 =
LOHMEYER v. BOWER
A Deed : is a writing or document executed under seal and delivered to effect a conveyance, especially of
real estate.
To convey : it means to transfer, or to pass the title to
Rescind : to abrogate. The rescission is the canceling of an agreement and the return of the parties to their
positions prior to the formation of the contract.
Specific performance : an extraordinary equitable remedy that compels a party to execute a contract
according to the precise terms agreed upon or to execute it substantially so that, under the circumstances, justice
will be done between the parties.
An equitable remedy whereby the court requires the parties to perform their obligations pursuant to a contract.
Encumbrance : a burden or claim on property, as a mortgage.
Marketable title : a title to real property that is free from encumbrances, litigation, and other defects and
that can readily be sold or mortgaged to a reasonable buyer or mortgagee.
ESTANCIAS v. SCHULTZ
Remedy : a Legal remedy is the means by which a court of law enforces a right, imposes a penalty, or
makes some other court order to impose its will. It is the way by which a Plaintiff may enforce his or her right
and be compensated by a Defendant for an injury through a court of law.
Nuisance : nuisance are commonly classed as public, private and mixed. A public nuisance is one which
affecets an indefinite number of persons, or all the residents of a particular locality, although the extent of the
annoyance or damage inflicted upon individuals may be unequal.An invasion of a person’s interest in the private
use and enjoyment of land bu any type of liability-forming conduct is termed a private nuisance. It is a tort
against a private person, and actionable by him as such.
Rule of Necessity : a person is excused from criminal liability for example, if he acts under a duress of
circumstances to protect life or limb or health in a reasonable manner and with no ohter acceptable choice. This
is necessary as otherwise some litigants may be denied their right to a forum or resolution of the crucial matter.
Doctrine of balancing the equities : doctrine in which the court considers an injury which may result to
the defendant and to the plaintiff. It consists in a judicial test in which the jurists weigh the importance of
multiple factors in a legal case, such as the interests of the different parties.
Proximate cause : an act from which an injury results as a natural, direct, uninterrupted consequence and
without which the injury would not have occurred. It is also known as legal cause.
Injunction : a judicial process or order requiring the person or persons to whom it is directed to do a
particular act or to refrain from doing a particular act.
Team 3 =
Misrepresentation : Misrepresentation is the offense of misstating facts to obtain money,
goods or benefits of another to which the defender is not entitled.
Liability : This word refers to legal responsibility for one's acts or omissions.
Breach of contract: It means failing to perform any term of a contract, written or oral, without
a legitimate legal excuse. This may include not completing a job, not paying in full or on time, failure
to deliver all the goods, substituting inferior or significantly different goods, not providing a bond
when required, being late without excuse, or any act which shows the party will not complete the
work.
Concealment: It is a fraudulent failure to reveal information which someone knows and is
aware that in good faith he/she should communicate to another. Such concealment at minimum can be
a cause for rescission (cancellation) of a contract by the misled party or basis for a civil lawsuit for
fraud.
Misfeasance: Can be defined like some act in which there are errors and an unfortunate result
through mistake and which causes harm to another party, but without evil intent or violation of law.
Misfeasance is distinguished from "malfeasance," which is intentional conduct in violation of the law.
Nonfeasance: Legal term for failure to act that results in harm to another party.
A covenant: in its most general sense, is a solemn promise to engage in or refrain from a
specified action. A covenant, is a type of contract in which the “covenantor” makes a promise to a
“covenantee” to do or not do some action. In real property law, the term real covenants is used for
conditions tied to the use of land. A "covenant running with the land", also called a covenant
appurtenant, imposes duties or restrictions upon the use of that land regardless of the owner. In
contrast, the covenant in gross imposes duties or restrictions on a particular owner.
A subdivision: is the act of dividing land into pieces that are easier to sell or otherwise
develop, usually via a plat. The former single piece as a whole is then known in the United States as a
subdivision. If it’s used for housing it’s typically known as a housing subdivision or housing
development, although some developers tend to call these areas communities.
Enforceable: a contract between persons in which either of the parties can legally compel the
performance of the other : is called an enforceable contract. In other words, an act is enforceable if the
party obligated can be forced or ordered to comply through a legal process.
Burden of proof: is the obligation to prove the elements of a legal claim in a trial proceeding
through the submission of evidence. The burden of proof is often associated with the Latin maxim
“semper necessitas probandi incumbit ei qui agit”, the best translation of which seems to be: "the
necessity of proof always lies with the person who lays charges."
An appellant: it’s a person who applies to higher court for a reversal of the decision of the
lower court.
Zoning: is a device of land use planning used by local governments in most developed
countries. The word is derived from the practice of designating permitted uses of land, based on
mapped zones which separate one set of land uses from another. Zoning may be use-based (regulating
the uses to which land may be put), or it may regulate building height, lot coverage, and similar
characteristics, or some combination of these
Team 4 =
Loan : Contract by which the borrower initially receives or borrows an amount of money, called
the principal, from the lender, and is obligated to pay back or repay an equal amount of money plus
interests to the lender at a later time.
Mortgage : document by which the owner (mortgagor) pledges his/her/its title to real property
to a lender (mortgagee) as security for a loan described in a promissory note
Promissory note : a written promise by a person (variously called maker, obligor, payor,
promisor) to pay a specific amount of money (called "principal") to another (payee, obligee,
promisee), usually to include a specified amount of interest on the unpaid principal amount (what
he/she owes).
Foreclose : the system by which a party who has loaned money secured by a mortgage or
deed of trust on real property (or has an unpaid judgment), requires sale of the real property to
recover the money due, unpaid interest, plus the costs of foreclosure, when the debtor fails to make
payment. After the payments on the promissory note (which is evidence of the loan) have become
delinquent for several months (time varies from state to state), the lender can have a notice of default
served on the debtor (borrower) stating the amount due and the amount necessary to "cure" the
default. If the delinquency and costs of foreclosure are not paid within a specified period, then the
lender (or the trustee in states using deeds of trust) will set a foreclosure date, after which the
property may be sold at public sale.
Foreclosure sale : the actual forced sale of real property at a public auction (often on the
courthouse steps following public notice posted at the courthouse and published in a local
newspaper) after foreclosure on that property as security under a mortgage or deed of trust for a loan
that is substantially delinquent. The lender who has not been paid may bid for the property, using
his/her/its own unpaid note toward payment, which can result in a bargain purchase.
Eminent domain : the power of a governmental entity (federal, state, county or city
government, school district, hospital district or other agencies) to take private real estate for public
use, with or without the permission of the owner.
Fiduciary / trustee : from the Latin fiducia, meaning "trust," a person (or a business like a
bank or stock brokerage) who has the power and obligation to act for another (often called the
beneficiary) under circumstances which require total trust, good faith and honesty. The most common
is a trustee of a trust, but fiduciaries can include business advisers, attorneys, guardians,
administrators of estates, real estate agents, bankers, stockbrokers, title companies or anyone who
undertakes to assist someone who places complete confidence and trust in that person or company.
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. The term is applied to all
kinds of transactions.
Bad faith : intentional dishonest act by not fulfilling legal or contractual obligations, misleading
another, entering into an agreement without the intention or means to fulfill it, or violating basic
standards of honesty in dealing with others.
Due diligence : owed reasonable care or attention to a matter, which is good enough to avoid
a claim of negligence, or is a fair attempt (as in due diligence in a process server's attempt to locate
someone).
Misdemeanor: A lesser crime punishable by a fine and/or county jail time for up to one year.
Misdemeanors are distinguished from felonies, which can be punished by a state prison term. They
are tried in the lowest local court. Typical misdemeanors include: petty theft, disturbing the peace,
simple assault and battery, drunk driving without injury to others, drunkenness in public, various traffic
violations, public nuisances and some crimes which can be charged either as a felony or
misdemeanor depending on the circumstances and the discretion of the District Attorney. "High
crimes and misdemeanors" referred to in the U.S. Constitution are felonies.
Ordinance: A statute enacted by a city or town
Habeas corpus: (hay-bee-us core-puss) n. Latin for "you have the body," it is a writ (court
order) which directs the law enforcement officials (prison administrators, police or sheriff) who have
custody of a prisoner to appear in court with the prisoner to help the judge determine whether the
prisoner is lawfully in prison or jail. The writ is obtained by petition to a judge in the county or district
where the prisoner is incarcerated, and the judge sets a hearing on whether there is a legal basis for
holding the prisoner. Habeas corpus is a protection against illegal confinement, such as holding a
person without charges, when due process obviously has been denied, bail is excessive, parole has
been granted, an accused has been improperly surrendered by the bail bondsman or probation has
been summarily terminated without cause. Historically called "the great writ," the renowned scholar of
the Common Law, William Blackstone, called it the "most celebrated writ in English law." It may also
be used as a means to contest child custody and deportation proceedings in court. The writ of habeas
corpus can be employed procedurally in federal district courts to challenge the constitutionality of a
state court conviction.
Affidavit:
1) any written document in which the signer swears under oath before a notary public or
someone authorized to take oaths (like a County Clerk), that the statements in the document are true.
2) in many states a declaration under penalty of perjury, which does not require the oath-taking
before a notary, is the equivalent of an affidavit.
Allegation: A statement of claimed fact contained in a complaint (a written pleading filed to
begin a lawsuit), a criminal charge, or an affirmative defense (part of the written answer to a
complaint). Until each statement is proved it is only an allegation. Some allegations are made "on
information and belief" if the person making the statement is not sure of a fact.
Vested: Adjective referring to having an absolute right or title, when previously the holder of
the right or title only had an expectation.
Team 5 =
Horn V. Lawyers Title Insurance CorporationSupreme Court of New Mexico
1976
Title Insurance = the purpose of title insurance is to protect a transferee of real
estate from the possibilities of loss through defects which may cloud title.
Agent = a person who performs services for another person under an express or
implied agreement and who is subject to the other’s control or right to control the manner and
means of performing the services. The other person is called a principal. The agency
agreement may be oral or written. An agent has authority to act on behalf of the grantor, as
specified by the grantor in a power of attorney document.
To sue in the court to quiet title against someone = it is lawsuit brought in a court
having jurisdiction over land disputes, in order to establish a party’s title to real property
against anyone and everyone, and thus “quiet” any challenges or claims to the title. The
plaintiff wants in this action to recover possession of land wrongfully occupied y a defendant.
Title (property) = it is a legal term for a bundle of rights in a piece of property in
which a party may own either a legal interest or an equitable interest. The rights in the
bundle may be separated and held
by different parties. It may also refer to a formal document that serves as evidence of
ownership.
Litigation = any lawsuit or other resort to the courts to determine a legal question or
matter.
Records = to file a copy of a deed or other document concerning real estate with the
land records office (often called the county recorder, registry of deeds, or something similar)
for the county in which the land is located.
Actual possession = consists in exercising acts of domination over the land, in
making the ordinary use of it to which it is adapted, in taking the profits of which it is
susceptible.
Duty = A legal relationship, created by law or contract, in which a person or business
owes something to another. The breach of this obligation can result in liability.
Testimony = oral evidence given under oath by a witness in answer to questions
posed by attorneys at trial or at a deposition (questioning under oath outside of court).
Liability = legally accountable for an act or omission.
Mayor of New Castle Vs Rollins Outdoor
Zoning classification: Zoning is a device of land use planning used by local
governments in most developed countries. Zoning may be use-based (regulating the uses to
which land may be put), or it may regulate building height, lot coverage, and similar
characteristics, or some combination of these. Similar urban planning methods have dictated
the use of various areas for particular purposes in many cities from ancient times.
Court of Chancery of Delaware: is a court of equity in the American state of
Delaware. It is one of Delaware's three constitutional courts, along with the Supreme Court
and Superior Court.Vested property rights: One has a vested right to an asset that cannot be
taken away by any third party, even though one may not yet possess the asset
Due process: A due process is an idea that laws and legal proceedings must be fair.
The Constitution guarantees that the government cannot take away a person's basic rights to
'life, liberty or property, without due process of law.' Courts have issued numerous rulings
about what this means in particular cases.
Non conforming use: A non conforming use is a use of property that is permitted to
continue after the zoning ordinance prohibiting it has been established for the area. the
existing use (residential, commercial, agricultural, light industrial, etc.) of a parcel of real
property which is zoned for a more limited or other use in the city or county's general plan.
Usually such use is permitted only if the property was being so used before the adoption of
the zoning ordinance.
Amortization: The amortization of a nonconforming use contemplates the
compulsory termination of a non conformity at the expiration of a specified period of time.
The time period is in theory equal to the useful economic life of the nonconformity. The basic
idea is to determine the remaining normal useful life of a pre-existing nonconforming use.
Police Power: “The police power of the state means that of private property may be
reasonably regulated and restricted through zoning so long as it bears a substantial relation to
the health, safety and general welfare of the community
Team 6
Board of Education of Minneapolis v. Hughes.
A grantee : A grantee is the entity receiving title to a piece of real estate
A grantor : The party who transfers title in real property to another by grant deed or
quitclaim deed
A quitclaim : A quitclaim deed is a legal instrument by which the owner of a piece
of real property, called the grantor, transfers his interest to a recipient, called the
grantee.
A deed : A deed is any legal instrument in writing which passes an interest, right, or
property and that is signed, attested, delivered, and in some jurisdictions sealed.
The race-notice jurisdiction : In a race-notice jurisdiction, the subsequent purchaser
with knowledge of a prior unrecorded conveyance does not prevail by recording
first and the subsequent purchaser without knowledge of a prior unrecorded
conveyance prevails only if it records first.
STOYANOFF VS BERCKLEY
* Mandamus is a court order to a government agency, to follow the law by
correcting its prior actions or ceasing illegal acts.
* Affidavit: is any written document in which the signer swears under oath before a
notary public or someone authorized to take oaths (like a County Clerk), that the
statements in the document are true.
* Architectural board: it’s an entity within city government that is usually composed
of three members, typically architects. The meetings are open to the public, and
every application for the building permit shall be submitted to the Board before
being approved by the Building commissioner.
* The general welfare: is a basic goal of government. The preamble to the U.S.
Constitution cites promotion of the general welfare as a primary reason for the
creation of the Constitution. Promotion of the general welfare is also a stated
purpose in state constitutions and statutes. It means that every government must
promote the welfare for everyone.
* The neighborhood: it’s a geographic delimitation within a city or district.
* Building permit is the document which allows the construction of a project.
* Peremptory: absolute, final and not entitled to delay or reconsideration. The term
is applied to writs, juror challenges or a date set for hearing.
team marillat =
Will : It’s an instrument by which a person makes a disposition of his property to take
effect after his death. It is revocable during his lifetime.
Heirs: It’s the person appointed by law to succeed to the estate. It’s the person who
inherits property (real property or personal property)
Legatee: it’s the person who received a legacy by a will.
Deceased: It’s the dead person
Donation: it’s a transfer of the title to property to one who receives it without paying
for it. (voluntary transfers of the title and possession). It’s possible to execute a deed of gift
with a reservation of usufruct.
attested affidavit: (acte de notoriété) it’s the act by which the notary draws up a list of
heirs and determine their rights.
Real estate certificate: the real estate certificate is established in order to identify the
transfer of property. This certificate is published in the mortgage register.
Probate duties: it’s the amount of taxes which be paid at the tax authorities by heirs and
legatees.
Allowance: it’s the amount of the deduction which is permitted by law. The amount of
the allowance is totally tax exempt.