Flashcards
Legal Terminology Part 2 Cont.
Cards in this deck (54)
- 1air rightsUnder
common law, real property owners also enjoy the rights to
the air space above their property area - 2riparian owners riparian rights doctrinePeople who own land along the banks of
streams or rivers
Under the
riparian rights doctrine, all riparian owners are allowed equal
access to the reasonable use of water that flows past their
borders - 3easement (also known as a right of way)is the right to use
another owner’s real property for a specific purpose. The party
that enjoys the easement is known as the dominant tenement. The party upon whom the easement is imposed is known as the servient tenement. - 4Easement of accessthe right of an owner of real property bordering a public road to freely pass to and from the
highway - 5Easement in grossthe right to use any parcel of land for
personal use—typically granted to utility companies so
telephone wires or gas or water pipes can be installed
across several pieces of property - 6Easement of light and airthe right to enjoy light and air
unobstructed by structures erected on adjoining real
properties - 7land use regulation or zoningProperty owners must adhere to state and local rules that
define the purposes for which land may be used. Formal
determination of such purposes is known as land use
regulation or zoning. The zoning process involves dividing a
large tract of land into smaller areas, or zones. Restrictions
apply to each zone in relation to the type and size of structures
that may be built and the type of activity that may occur on
the property. - 8zoning boardThe agency that oversees zoning and compliance with zoning
regulations - 9leasehold estateA leasehold estate is a type of ownership that derives
from a contract between a landowner and another party, known
as a lease. The landowner is known as a landlord or lessor, and
the party to whom the property is granted is known as a tenant
or lessee. A lease grants the tenant the right to occupy the
property in consideration of payment of rent, ordinarily for a
term of years or months, but sometimes at the will of either
the landlord or the tenant. - 10Tenancy for yearsgranted for a period of one year or
a stated number of years - 11Tenancy from month to monthwhich establishes a
monthly rental rate but no definite term of lease - 12Tenancy from year to yearwhich establishes a yearly
rental rate but no definite term of lease - 13lease with option to purchasea landlord may offer a lease
granting the lessee an option to purchase the property for a
specified sum at the end of the term of the lease - 14warranty of habitabilitythe lease itself serves as
a warranty of habitability, an assurance implied by law that the leased premises are clean, sound, and equipped with
functioning electricity, heat, plumbing, and water. - 15Fair Housing ActUnder the Fair Housing Act, a federal law enacted
in 1968, landlords are prohibited from denying housing to
anyone on the basis of race, color, religion, or national origin - 16landlord’s lienif the
tenant fails to pay rent according to the terms of the lease,
the landlord may seek a lien - 17evictionIf the tenant fails
to pay rent for an extended period, or fails to perform other
aspects of the lease, the landlord may take legal action to
expel the tenant and terminate the lease. - 18Ownership interest in real property is known as a(n) _______.estate
- 19True or False? Ownership of property is conveyed by a document known as a title.false
- 20List three different kinds of freehold tenancy that may be shared by two or more people.joint tenancy, tenancy in common, tenancy by the entirety
- 21Briefly describe a fee simple estate.a fee simple estate is the most complete type of freehold interest under the law. real property held fee simple may be sold or inherited free of any condition, limitation, or restriction by any heirs to the property
- 22A pledge of real property in return for a loan is known as a _______.mortgage
- 23family lawThe branch of legal practice that deals with domestic
relations— that is, matters relating to marriage, divorce,
support, custody, and adoption. - 24familyIn
legal usage, the term family is broadly defined as a group of
persons living under one roof and under the authority of one
chief person or head. - 25family courtThe jurisdiction of
family court varies from state to state. In some areas, family
court may hear only cases involving marriage and the dissolution of marriage. Other courts may hear cases involving
injuries to children or crimes involving children. - 26MarriageUnder current law, the term marriage refers to the legal union
of a man and a woman as husband and wife. . The
state of marriage is often legally referred to as wedlock. A
person joined in marriage is legally defined as a spouse. The right
of one spouse to use and enjoy the other’s property is known
as curtesy. In addition, upon entering wedlock both spouses
agree to uphold specific rights and duties in relation to each
other. Legally referred to as the rights and duties of consortium,
this collection includes companionship, love, affection, assistance, comfort, cooperation, and sexual relations. Loss of
such duties, through injury or choice, is known as loss of
consortium. - 27solemnizeMost states require
officially designated
authorities to solemnize marriages—that
is, to join the two
parties together in
front of witnesses by
performing a formal
ceremony. A solemnized marriage is often called
a ceremonial marriage,
while performance
of the ceremony itself
is known as a solemnization of marriage. - 28marriage licensewhich is a
formal state authorization allowing the couple to marry. In
certain states, blood tests for certain diseases are required
before a license may be obtained. After the ceremony, a
marriage certificate is issued as proof that the marriage has
been formally solemnized - 29prenuptial agreement or an antenuptial agreementmany couples enter into an additional
contract. Known as a marital agreement, this additional contract establishes financial and property arrangements between
the spouses during the marriage or in the event of divorce or
death - 30common-law marriageA marriage that hasn’t been solemnized through formal ceremony
Many states don’t
recognize the validity of common-law marriage. Where such
arrangements are recognized, common-law marriage has the
same legal effect as a ceremonial marriage. In order to enter
into a common-law marriage the couple must usually meet
three conditions.
• They must live together—legally defined as cohabitation.
• They must verbally affirm to each other that they’re
married.
• They must present themselves to the community as
husband and wife. - 31There are three common ways to legally dissolve a marriage:• Annulment
• Separation
• Divorce - 32annulment of marriageis a court order, or decree, declaring
that no valid marriage ever existed. The primary grounds for
annulment differ from state to state, but commonly include
• Void marriage, marriage prohibited by law
• Duress
• Fraud
• Pregnancy by someone other than the husband
• Incurable venereal disease
• Mental illness at the time of marriage
• Physical incapacity
• Bigamy - 33separation agreementThe court may also order a separation of spouses, also known
as a divorce from bed and board. Separation doesn’t terminate
the marriage contract, but rather formally recognizes an end
to cohabitation and determines issues relating to property,
support, and children. Separation is usually accomplished by
decree or by filing a document called a separation agreement
with the court. Many states require separation for a specified
period of time before certain divorce actions can be initiated. - 34divorce/dissolution of marriageFormal termination of a marriage contract
In
order to be valid, a divorce must be decreed by the court.
Divorce may be granted on a number of grounds, including
• Fraud
• Duress
• Adultery, intimate relations with a person other than the
spouse
• Cruelty, infliction of physical or mental pain or distress
• Desertion, a willful, permanent departure of one spouse
without the consent of the other, or without having been
wronged by the other
• Alcohol or drug addiction
• Failure to provide support
• The felony conviction of one spouse
A decree that dissolves the marriage contract due to the type
of misconduct described above is known as an absolute divorce
or a divorce a vinculo matrimonii. - 35condonationThe defendant in a divorce
action may argue that the spouse initiating the action forgave the conduct introduced as grounds for divorce. - 36Connivancean argument that the spouse suing for
divorce assisted in the accomplishment of misconduct - 37Recriminationan argument that the spouse bringing
suit is also guilty of conduct that serves as grounds
for divorce - 38no-fault divorcestatutes, which
allow the dissolution of marriage without introducing fault.
In some states, divorce can be granted on the basis of
incompatibility, a profound personality conflict that offers
no hope for reconciliation, a renewal of friendly relations.
Dissension and conflicts of personality that have undermined
the marriage relationship beyond reasonable expectation of
reconciliation—legally referred to as irretrievable breakdown
of the marriage or irreconcilable differences—may also serve
as grounds for no-fault divorce - 39alimonyan allowance for support and
maintenance is usually awarded to a
divorced spouse, and must be paid in regular installments - 40palimonySome states allow a form of alimony, known as
palimony, to be awarded following the termination of a
common-law marriage or other long term cohabitation. - 41Community propertyconsists of earnings or property acquired by either a husband or wife during
marriage, which in some states are held to belong to both spouses equally. Real property is often split into separate lots by a
deed of partition. Gifts and inheritances made to either
spouse are usually excepted from the community property
rule.
Certain states allow the court to distribute all community property on a fair, equitable basis,
commonly referred to as equitable distribution. In determining
an equitable distribution, the court usually considers such
factors as the length of the marriage and the contributions
of each party. - 42HLA testThe
court typically orders a test for similarity of human leukocyte
antigens—known as an HLA test—in order to determine
paternity. - 43custodythe care, control, and daily maintenance of children. To help
decide this matter, the court considers several key issues,
including
• The financial, physical, and emotional soundness of the
parent seeking custody
• The physical well-being of the children
• The emotional, social, and economic well-being of the
children
• The children’s own wishes
Temporary custody of children is often granted to one parent
on a short-term basis, pending the outcome of a divorce or
separation action. Ultimately, the court may award sole
custody to a single parent. In such cases, the other parent
is usually granted visitation—the right to spend time with
the child at times and places agreed on by the parents or
ordered by the court. - 44divided custodyin which
case the child will live with each parent for part of the year - 45joint custodyan arrangement by which both parents share
responsibility of maintenance and education, and jointly
make important decisions about the child’s welfare. In joint
custody, the parents each share responsibility for making decisions concerning the child, while in divided custody, the
parent with whom the child is living has complete control over
the child during that period. - 46surrogate motherhoodthe term used to
describe a woman who agrees to carry the child of another
woman or of a man who is married to someone else. Agreements between married couples and surrogate mothers
typically require the surrogate to assign her parental rights
to the couple for whom she has agreed to bear a child - 47child abuseBringing physical, sexual, verbal, or emotional harm to a
child
Neglect is also considered child abuse. State statutes known as child abuse
reporting acts legally oblige doctors, social workers, teachers,
and other health or public officials to report suspected incidents of child abuse. In child abuse actions, the court may
appoint a close relative or public employee to act as guardian
ad litem, to protect the child’s interests during litigation. A
guardian ad litem may also be appointed in situations where
the child’s parents are deceased or incapacitated. - 48juvenile courtIn some states, child abuse cases are tried in juvenile court,
which has jurisdiction over matters relating to children. The
term juvenile refers to all children under the age of majority.
A juvenile offender, for example, is one of the legal terms used
to describe a child who breaks the law. Juvenile court may
also have jurisdiction over placing a child temporarily in the
home of an adult or family unrelated by blood. Temporary
placement of this sort is commonly referred to as foster
care. A child placed in foster care is known as a foster child,
and each adult charged with temporarily providing care is
known as a foster parent. - 49adoptionAdoption is a legal
process in which responsibilities and rights are transferred
from the child’s biological parents to his or her adoptive parents. Adopted children are thus legally enabled to inherit
property from their adoptive parents. Under the doctrine of
equitable adoption, a child may legally enforce a promise to
adopt him or her, at least to the degree that inheritance rights
are guaranteed by the person who made the promise of
adoption. - 50A _______ is typically signed before marriage in order to establish the rights and responsibilities of spouses with regard to property and finances.prenuptial agreement
- 51A court may appoint a _______ to act in a child’s best interests during litigation involving the child.guardian ad litem
- 52True or False? A couple must obtain a marriage license before entering into a common-law marriage.false
- 53List five common fault grounds for divorce.fraud, duress, adultery, cruelty, desertion, alcohol or drug addiction, failure to provide support, conviction of a felony
- 54True or False? The dissolution of a valid marriage is known as an annulment.false