PCCE 2023 Study Set

Bankruptcy Court

A U.S. District court subunit comprised of bankruptcy judges within the district and exclusively concerned with administering bankruptcy proceedings.

Corporation

A business entity, authorized by state law, separate and distinct from its owners that is formed and authorized to act as a single person. Corporations are owned by their stockholders (shareholders) who share in profits and losses generated through the entity operations.

Appellate Court

A court with jurisdiction to review decisions of lower/trial courts or administrative agencies.

Abatement of Rent

A deduction from the rent owed for the diminishment in value of the premises caused by the lack of maintenance.

Bargain and Sale Deed

A deed that conveys property to a buyer for valuable consideration but that lacks any guarantee from the seller about the validity of the title.

Cloud on Title

A defect or potential defect in the owner's title to a piece of land arising from some claim or encumbrance, such as a lien, an easement or a court order.

Cooperative

A farm, business, or other organization which is owned and run jointly by its members, who share the profits or benefits. Cooperatives are businesses governed on the principle of one member, one vote.

Collaborative Law

A form of alternative dispute resolution. The parties and attorneys work together in a determined spirit of cooperation to settle their dispute.

Complaint

A formal legal document that sets out the facts and legal reasons that the plaintiff believes support a claim against the defendant entitling the plaintiff to a legal remedy.

Curtesy

A husband's right, upon his wife's death, to a life estate in the land that his wife owned during their marriage, assuming that a child was born alive to the couple. The right has been largely abolished, although the term is still included in certain forms/agreements.

Closing Argument

A lawyer's final statement to the judge or jury before deliberation begins; in criminal cases the prosecutor and defense attorneys request the judge or jury to consider the evidence and render a verdict or finding in favor of their respective positions (guilty/not guilty).

Codicil

A legal instrument that modifies an earlier will.

Consequential Damages

A legal term referring to an injury or loss that is sustained by someone as an indirect result of another person's action.

Conventional Loan

A loan made by a private lender in which the lender usually does not have any insurance or guarantee from a third party, such as a government agency backing the loan should the borrower fail to meet his/her loan obligations.

Appellee

A party against whom an appeal is taken and whose role is to respond to, or defend, that appeal.

Challenge for Cause

A party's challenge during voir dire, supported by a specific reason such as bias or prejudice, which would disqualify that potential juror. Challenges for cause are unlimited as opposed to preemptory challenges which can be for any reason, but each side has a limited number of these.

Closely Held Corporation

A privately held corporation whose stock is not traded on the national stock exchanges.

Affirmative Defense

A set of facts which confirm the act, but if proved, excuses the defendant from the crime with which they have been charged.

Alimony Pendente Lite (APL)

A temporary order of court that provides support for one spouse while the divorce is in progress. Also known as Temporary Alimony or Spousal Support.

Benefit Corporation

A traditional corporation with modified obligations committing it to higher standards of purpose, accountability and transparency. The purpose is a commitment to creating public benefit and sustainable value in addition to generating profit. (only available in 35 states and the District of Columbia).

Bench Trial

A trial before a judge without a jury. The defendant must waive their right to a jury trial to allow the judge to decide all questions of fact as well as questions of law.

Charging Document

Adocument in a criminal case that formally accuses a person of committing a crime, e.g., an indictment or information.

Alibi

Affirmative defense which requires proof that the defendant was elsewhere when the criminal act is alleged to have taken place.

Community Property

All income earned or property acquired by a married person during marriage. Each spouse holds an undivided 50% interest in all community property and upon divorce all community property assets are divided equally between spouses. Ten states are considered community property states (Alaska, Arimna. California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington and Wisconsin). All other states are considered Marital Property or Equitable Distribution states.

Construction Lien

Allows certain persons and entities who provide labor or materials for the improvement of real property and who are not paid the statutory right to place a claim of lien on and ultimately foreclose on specific real property and any improvements thereon.

Brady Materials

Also referred to as Brady disclosure - consists of exculpatory or impeaching information and evidence that is material to the guilt or innocence or to the punishment/sentence of a defendant. Under the U.S. Supreme Court case of Brady v. Maryland (1963), based on Due Process, the prosecution must disclose such material to the defendant if requested to do so.

Alimony

An award of money given from one spouse to the other for support during separation or folio divorce. Duration of alimony can be for a very specific time period and will automatically terminate upon a specific date, or it may be unlimited, terminating only upon the marriage of payee spouse or the death of the payor spouse or the payee spouse, whichever occurs first. Alimony is also known as "Spousal Support" or "Spousal Maintenance." It is similar to "Separate Maintenance." See Spousal Support and Separate Maintenance.

Bond (civil)

An interest-bearing document giving evidence of a debt issued by a government body or corporation that is sometimes secured by a lien on property and is often designed to take care of a particular financial need.

Concurring Opinion

An opinion written by less than a majority of the judges on the court that agrees with the result reached by the majority, but not with all of its reasoning

Abstract of Title

Chronological summary of all official records and recorded documents affecting the title to a parcel of land.

Attestation

Clause signed by witnesses to a will.

Common Areas

Common areas or common elements of a condominium are the portion of the property that is owned by all of the owners of the property.

Comprehensive Environmental Response

Compensation and Liability Act (CERCLA), CERCLA is federal regulation that created a trust fund designed to finance activities of the EPA; providing the agency the authority to recover cleanup costs for contaminated properties for the responsible parties for the contamination. Also knows as Superfund.

Competence to Stand Trial

Competency determines whether a defendant is able to appear at trial, assist their attorney in their defense, and understand the proceedings; this is different from the insanity defense which addresses whether a defendant will be held responsible for their criminal actions.

Closing

Consummation of a real estate purchase and sale transaction.

Call

Course and distance describing a boundary line of land in a metes and bounds land description.

Closing Date

Date set forth in a real estate contract on which the parties agree to perform all of the promises of the contract, including transfer of ownership of real property from seller to purchaser and purchaser pays purchase price to seller.

Advance Directive

Document that expresses the health care wishes of the signor.

Ancillary Administration

Estate administration established in a state where property is located outside of the domiciliary state.

Chain of Custody

Foundation needed to establish authenticity of physical evidence; typically, in criminal cases, this requires proof of who had possession of the exhibit at all times between the time officers seized it and the trial to allow the evidence to be admissible.

Bequest

Gift of personal property under a will, such as artwork or money; interchangeable with "legacy."

Chain of Title

Historical sequence of all owners to a particular tract of real property, beginning with the original owner and including all successive owners who have derived their title from the original owner.

Base Line

Imaginary east-west survey line used in the governmental survey system to establish township lines.

Constructive Trust

Implied trust used to right a wrong.

Assignment

In a lease, the tenant may transfer all of their interest under the lease and retain nothing.

Actus reus

Latin term: "guilty act." The wrongful deed that comprises the physical components of a crime and that generally must be coupled with mens rea to establish criminal liability.

Business Judgment Rule

Legal principle stating that corporate officers and directors are not liable for honest mistakes of business judgment when acting in good faith.

Adoption

Legal process establishing a legal parent-child relationship when the adopting parent is not the child's biological or birth parent.

Alternative Dispute Resolution (ADR)

Methods of resolving legal disputes without going to trial, in a less adversanal manner, such as through arbitration or mediation.

Bond (criminal)

Money posted with the court by a criminal defendant or by their surety to ensure compliance with the terms of bail and especially with the requirement that the defendant appears in court as scheduled.

Collateral Relative

Non-lineal blood relation.

Anticipatory Repudiation

Occurs when one party lets it be known through his or her own words or actions that he or she does not plan to meet the conditions of the contract. In other words, he or she is breaching the contract.

Arrears or Arrearages

Past due child or spousal support payments.

Child Support

Payment made (by one parent to the other parent) for the support of children of divorced or separated parents while the children are minors or until they reach an age set by agreement or in a court order.

Caption

Portion of the deed that indicates the county and state in which the deed was signed by the grantor.

Corporate Opportunity Doctrine

Principle established by case law that says corporate officers, directors and agents cannot take personal advantage of an opportunity that in all fairness should have belonged to the corporation.

Abatement

Process of selling estate property to pay debts.

Condominium

Property ownership in which owner owns an individual unit in a multiunit building and is a tenant in common with other owners.

Articles of Registration (Limited Liability Partnenhip)

Public document that must be filed with the Secretary of State in order to form this type of partnership.

Certificate of Limited Partnership

Public document that must be filed with the Secretary of State in order to form this type of partnership.

Beneficiary

Recipient of personal property under a will or the older of the equitable title under a trust.

Charging the Jury

Refers to the part of a trial when the instructions are given to the jury by the judge regarding the law that applies to the facts of the case on trial and definitions of the relevant legal concepts.

Consanguinity

Relationship determined by blood ties.

Ancestor

Relative of a previous generation.

Concurrent Sentence

Sentences that may all be served at the same time, with the longest period controlling

Consecutive Sentence

Sentences where defendants have to finish serving the sentence for one offense before they start serving the sentence for any other offense

Bifurcate (civil)

Separating issues in a dissolution action. A proceeding commonly used to obtain a termination of marital status while still resolving issues related to division of property, support, custody and visitation. The court will retain jurisdiction to hear all other unresolved issues.

Bylaws

Set of rules adopted by the board of directors which set forth the manner in which the business and affairs of the corporation will be managed.

Constructive Notice

Such notice as is implied or imputed by law, as in the case of notice documents that have been recorded in the appropriate registry of deeds.

Assessment

Sum of money owed by a condominium owner for monthly upkeep of the common areas of the condominium.

As-built Survey

Survey that locates all physical improvements on the land in relation to the boundary lines of the land.

Ad Valorem Taxes

Taxes assessed against real property, usually measured by the value of the real property being taxed.

Common Law

The body of law derived from court decisions as opposed to statutes or even the U.S. Constitution.

Change of Circumstances

The condition that shows a need for modification of a support order.

Court of Appeals

The court that hears the facts of a case by written argument, and possibly oral

Arrest

The detention, seizure, taking, or keeping of a person in custody by law enforcement.

Bifurcate (criminal)

The dividing of the proceeding into two phases; the guilt phase and the punishment phase.

Burden of Proof

The duty to prove a disputed assertion or charge. The government (prosecutors) have the burden of proof in criminal cases.

Cross Examination

The examination of a witness who has already testified in order to check or discredit the witness's testimony, knowledge or credibility.

Articles of Incorporation

The governing document of the corporation, which must be filed with the Secretary of State in the state of incorporation.

Arraignment

The initial step in a criminal prosecution whereby the defendant is brought before the court to hear the charges and enter a plea.

Case Law

The law to be found in a collection of reported cases that form all or part of the body of law within a given jurisdiction.

Acquittal

The legal certification that an accused person is found not guilty of the charged offense.

Annulment

The legal ending of an invalid marriage; according to law, neither party was ever married.

Custody

The legal right and responsibility awarded by a court for the care, possession and rearing of a child. Distinctions are sometimes made between legal custody, which relates to decision-making responsibility, and physical custody, which relates to residence or physical access.

Appellant

The party who asks the higher court to review the lower/trial court's decision.

Accord and Satisfaction

The payment of money or other valuable consideration (usually less than the amount owed), in exchange for extinguishment of a debt. There must be an express or implied agreement that accepting the smaller sum discharges the obligation to pay the larger sum.

Custodial Parent (CP)

The person who has primary care, custody and control of a child.

Booking

The process of making an official record of the name and other personal details of a criminal suspect.

Custodial Interrogation

The questioning of a detained person by the police in connection with a criminal investigation. A person is considered to be 'in custody' when they reasonably believe they are not free to leave, i.e., under arrest or otherwise stopped/detained by police. Custodial interrogations are presumed to be unlawfully coercive if the accused is not informed of their Miranda rights. See Miranda warnings.

Clear and Convincing Evidence

The second highest degree of proof used in administrative cases, civil cases and preliminary criminal hearings.

Beyond a Reasonable Doubt

The standard of proof in criminal cases; higher standard than preponderance of evidence used in civil matters.

Actual Notice

Title matters about which a purchaser has direct knowledge or information.

Appeal

To ask a court of appellate jurisdiction to review the decision of the lower court on the basis that the lower court made an error of law.

Corpus

Trust property.

Appropriation

Water rights doctrine stating that water belongs to the person who first makes beneficial use of it.

Board of Directors

individuals elected by the shareholders who are responsible for formulating policy and deciding the business activities in which the corporation should be engaged. The Board of Directors elects the officers of the corporation and also determines the capital structure, the sale of stock, payment of dividends and other business matters.

Bona Fide Purchaser for Value

person who purchases real property in good faith for valuable consideration without notice of any claim to or interest in the real property by any other party.

Administrator (male)/Administratrix (female)

personal representative appointed by the court when there is no valid will.

argument

which have already been argued at trial if that case on the district court level is not favorable to one party or the other.