Legal Terminology Part 2 Cont.

Question	Answer
air rights	Under common law, real property owners also enjoy the rights to the air space above their property area
riparian owners riparian rights doctrine	People 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
easement (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.
Easement of access	the right of an owner of real property bordering a public road to freely pass to and from the highway
Easement in gross	the 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
Easement of light and air	the right to enjoy light and air unobstructed by structures erected on adjoining real properties
land use regulation or zoning	Property 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.
zoning board	The agency that oversees zoning and compliance with zoning regulations
leasehold estate	A 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.
Tenancy for years	granted for a period of one year or a stated number of years
Tenancy from month to month	which establishes a monthly rental rate but no definite term of lease
Tenancy from year to year	which establishes a yearly rental rate but no definite term of lease
lease with option to purchase	a 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
warranty of habitability	the 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.
Fair Housing Act	Under 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
landlord’s lien	if the tenant fails to pay rent according to the terms of the lease, the landlord may seek a lien
eviction	If 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.
Ownership interest in real property is known as a(n) _______.	estate
True or False? Ownership of property is conveyed by a document known as a title.	false
List three different kinds of freehold tenancy that may be shared by two or more people.	joint tenancy, tenancy in common, tenancy by the entirety
Briefly 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
A pledge of real property in return for a loan is known as a _______.	mortgage
family law	The branch of legal practice that deals with domestic relations— that is, matters relating to marriage, divorce, support, custody, and adoption.
family	In 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.
family court	The 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.
Marriage	Under 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.
solemnize	Most 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.
marriage license	which 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
prenuptial agreement or an antenuptial agreement	many 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
common-law marriage	A 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.
There are three common ways to legally dissolve a marriage:	• Annulment • Separation • Divorce
annulment of marriage	is 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
separation agreement	The 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.
divorce/dissolution of marriage	Formal 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.
condonation	The defendant in a divorce action may argue that the spouse initiating the action forgave the conduct introduced as grounds for divorce.
Connivance	an argument that the spouse suing for divorce assisted in the accomplishment of misconduct
Recrimination	an argument that the spouse bringing suit is also guilty of conduct that serves as grounds for divorce
no-fault divorce	statutes, 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
alimony	an allowance for support and maintenance is usually awarded to a divorced spouse, and must be paid in regular installments
palimony	Some 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.
Community property	consists 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.
HLA test	The court typically orders a test for similarity of human leukocyte antigens—known as an HLA test—in order to determine paternity.
custody	the 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.
divided custody	in which case the child will live with each parent for part of the year
joint custody	an 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.
surrogate motherhood	the 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
child abuse	Bringing 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.
juvenile court	In 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.
adoption	Adoption 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.
A _______ is typically signed before marriage in order to establish the rights and responsibilities of spouses with regard to property and finances.	prenuptial agreement
A court may appoint a _______ to act in a child’s best interests during litigation involving the child.	guardian ad litem
True or False? A couple must obtain a marriage license before entering into a common-law marriage.	false
List five common fault grounds for divorce.	fraud, duress, adultery, cruelty, desertion, alcohol or drug addiction, failure to provide support, conviction of a felony
True or False? The dissolution of a valid marriage is known as an annulment.	false

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Legal Terminology Part 2 Cont.

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