Vocabulary

=General Vocabulary of Tax Law= toc

Amount Realized
Elements of amount realized:
 * 1) Money (cash)
 * 2) FMV of property received other than money
 * 3) Reg §1.1001-2 Discharge of Indebtedness is like getting cash

Discharge of Indebtedness
vis-à-vis

Casualty
Elements of Casualty Prone hypothetical; p 823; diamond lost; fails the sudden element.
 * 1) Casualty has to be identifiable;
 * 2) Must damage the property;
 * 3) Sudden, unexpected, and unusual in nature.

Depreciation
Recovery of Basis Must Know:
 * 1) Depreciation Method
 * 2) Recovery Period
 * 3) Convention

=Other Vocabulary=

Equipoise

Improvident
–adjective 1. not provident; lacking foresight; incautious; unwary. 2. neglecting to provide for future needs.

Suretyship
–noun Law. the relationship between the surety, the principal debtor, and the creditor.

Adjective law
Pronunciation: 'a-jik-tiv- Function: noun The portion of the law that deals with the rules of procedure governing evidence, pleading, and practice — VIS. Substantive law

Assumpsit
— n law (before 1875) an action to recover damages for breach of an express or implied contract or agreement that was not under seal

Nonfeasance
–noun Law. The omission of some act that ought to have been performed. Compare malfeasance, misfeasance

Misfeasance
–noun Law. 1. a wrong, actual or alleged, arising from or consisting of affirmative action. 2. the wrongful performance of a normally lawful act; the wrongful and injurious exercise of lawful authority.

Victualer
noun 1. a person who furnishes victuals, esp. a sutler. 2. a supply ship. 3. Also called licensed victualer. British. the keeper of an inn or tavern, esp. one licensed to sell liquor.

Quantum Meruit
As much as he has earned: denoting a payment for goods or services in partial fulfillment of a contract or for those supplied when no price has been agreed

Quantum Valebat
As much as it was worth. When goods are sold, without specifying any price, the law implies a promise from the buyer to the seller that he will pay him for them as much as they were worth. - reclaim the value – not the cost of the goods - and not the goods themselves QVcontinued: The plaintiff may, in such case, suggest in this declaration that the defendant promised to pay him as much as the said goods were worth, and then aver that they were worth so much, which the defendant has refused to pay.

Ferae Naturae
= Naturally Wild

Ratio Soli
= For the reason of the soil

Hostem Humani Generis
= Hostile to humanity in general

De Mortuis Nil Nisi Bonum
= Don’t speak ill of the dead

Sub Jove Frigido
= In Bad Weather (Under a cold sun)

Tempora Mutantur
= Times Change

//in pro. per.//
//propria persona// (in his own person)

pro se
“For himself”

Libellant
– One who brings forth a formal written statement or a Libel (vis written defamation)

Intestate
–adjective 1. (of a person) not having made a will: to die intestate. 2. (of things) not disposed of by will: Her property remains intestate. –noun 3. a person who dies intestate.

//capias ad respondendum//
- Gave way to personal service of summons or process - Writ commanding a sheriff to take the defendant into custody to ensure the defendant will appear in court - Outmoded, however, still somewhat practiced for child support payments

Demurrer
- 12(b)(6)Denial of the legal sufficiency of a claim without affirming or denying any facts

Privity

 * Mutuality of Interests – the relationship between two parties each having a legally recognized interest in the same subject matter (such as the same contract or the same piece of land)

//Damnum absque injuria//
- Loss without injury

//Damnum Sine Injuria//
– Damage without wrongful act- Case wherein damages occurs but no wrongful act and thus no legal remedy exists.

Decree Nisi
(Rule Nisi) A court’s decree that will become absolute unless the adversely affected party shows the court, within a specified time, why it should be set aside.

Chattel
– Movable or transferable property; personal property (vis. real estate)

Per curiam opinion:
An opinion handed down by an appellate court without identifying the individual judge who wrote the opinion

Treble Damages
– Damages that, by statue, are three times the amount that the fact-finder determines is owed – Tripled for reasons of punishment

Interlocutory Decree
– An order, judgment or appeal which is interim or temporary; not constituting a final resolution of the whole controversy.

Subpoena Duces Tecum
A subpoena ordering the witness to appear and to bring specified documents, records or things.

Protean
–adjective 1. readily assuming different forms or characters; extremely variable. 2. changeable in shape or form, as an amoeba.

Vitiate
– To impair the quality of; make faulty; spoil

Venire de novo
– Writ for summoning a jury panel anew because of some impropriety or irregularity in the original jury’s verdict. Objection to the jury verdict because of some error in the proceeding, not because of the merits

Replevin
– an action for repossession of personal property wrongfully taken or detained by the defendant. – it is not for damages, it is for the property itself.- Replaced - outmoded

Subrogate
To substitute (a person) for another regarding a legal right or claim

Gift causa mortis
Causa mortis – done or made in contemplation of one’s own death

In extremis
– “in extremity” in extreme extreme circumstances – near the point of death

Gift inter vivos
– “Between the living”Contrasted with causa mortis as a gift given not while in contemplation of one’s death and not done by use of a will

In rem
– against a thingDetermining the status of a thing

In personam
– against a personDetermining personal rights and obligations of the parties

Consortium
– Benefits one person is entitled to receive from another, typically a spouse.

Scienter:
“Knowingly” a degree of knowledge sufficient for determining liability

Bailment
- a delivery of personal property by one person the bailor to another who holds the property for a certain purpose under an express or implied-in-fact contract. Change in possession but not title.

Guarantors
– Gives security for a debt

locatio operis faciendi
– “the letting of a job to be done”

res perit domino
– “The thing lost to its owner”

Consideration
– p 117Linked to a promise – must have a promise to get to consideration

Sedulous
–adjective 1. diligent in application or attention; persevering; assiduous. 2. persistently or carefully maintained: sedulous flattery.

Compensatory Damages
– P 133- AKA expectancy damages - An amount intended to put the plaintiff in the position he would be in if the contract had been performed.

Restitution damages
- An amount corresponding to any benefit conferred by the plaintiff upon the defendant in the performance of the contract disrupted by the defendant’s breach RSoC 329, 347, 384k

Trover:
Common law action for the recovery of damages for the conversion of personal property, the damages generally being measured by the value of the property.

JNOV
Judgment non obstante veredicto JNOV or Judgment notwithstanding the verdict

Res ipsa loquitur
– “The thing speaks for itself”- The mere fact of an accident’s occurrence raises an inference of negligence - res ipsa loquitur permits, BUT DOES NOT MANDATE, a finding of fault.

Ex. Rel.
Abbreviation for ex relatione – upon relation or information- method of labeling an action instituted by one person on behalf of another - replaces phrases such as “On the relation of” or “For the use of” or “On behalf of” in citations

§ - Alt 0167

Syzygy
- siz-i-jee - alignment of 3 celestial objects - full or new moon are always syzygies; any other alignment too.

Fortuitous
- Proximate Cause requires the injury to be nonfortuitous (non random) 1) Happening or produced by chance; accidental 2) lucky; fortunate

Disseisin
– the act of wrongfully depriving someone of the freehold possession of property – dispossession- also spelled disseizin

Connotation
Associated or secondary meaning of a word or expression; the set of attributes constituting the meaning of a term and thus determining the range of objects to which that term may be applied

Denotation
The explicit or direct meaning.

Appellant
- party who appeals a lower court's decision

Appellee
- party against whom an appeal is taken - respondent

in extenso
- unabridged - at full length

Quiet Title
Action to quiet title - a proceeding to establish a plaintiff's title to land by compelling the adverse claimant to establish a claim or be forever estopped from asserting it. - Equitable action to resolve conflicting claims to an interest in real property.

Taking
- Governmental action that substantially deprives an owner of the use and enjoyment of his or her property, requiring compensation.

Ejectment
1) Ejection of an owner or occupier from property - 2) seeking to recover possession, damages and costs for being wrongfully ejected

Indemnify
To reimburse for a loss suffered because of a third party's or one's own act or default.

Circumstantial Evidence
- Evidence based on inference and not on personal knowledge or observation - indirect evidence

Dispositive
- Being a deciding factor; of a fact or factor, bringing about a final determination - Effecting the disposition of property by will or deed

Feoffment
- A lord's act of granting a fief to his man.- Historical method of granting a freehold estate in land by actual delivery of possession originally by livery of seisin.

Seisin
A free holder had "Seisin" - Noun - 1) Completion of the ceremony of feudal investiture - by which the tenant was admitted into freehold 2) Possession of a freehold estate in land; ownership "Freehold"

Livery of Seisin - The ceremony wherein Seisin was transferred

Fee Simple - an interest in land that, being the broadest property interest allowed by law, endures until the current holder dies without heirs; - Refers to the elementary social relationship of feudalism - The "Fee" is closely related to feudal

Fee Tail - Limited to a particular class of heirs

Life Estate -

Fee
- Old French - fie variant of fief Fee comes from the old French word "Fie" which then became "fief". Fiefs are the basic building block of a feudal system; stepping back, the old French word fie and the old English "Feoh" both from the Germanic word for Cattle. Meaning that fief became where the cattle were, or the fiefdoms were the areas of land where the cattle grazed.

Feoff - variant of Fief

pur autre vie
- for another's life

Testatrix
- Archaic - A female testatorA testator is asexual now - A person who leaves a will

Alienation
- conveyance or transfer of property. (In)Heritable - May be passed by intestacy to intestate's heir(s) Devisable - Able to be bequeathed by a will. Recipient is the Devisee

Cause of Action
- An operative fact or set of operative facts, the occurrence of which entitles a party to seek judicial relief; that is to say that the fact(s) entitles the party to maintain an action in a judicial tribunal.The state of fact(s) may be a) A primary right of the plaintiff actually violated by the defendant. (e.g. right to receive money as agreed upon in a contract of sale) b) The threatened violation of such a right (Actions or suits for injunction) (e.g. personal protection order) c) There may be some doubts as to some duty or right, or some adverse right or claim which occlude a right; the plaintiff is entitled to bring an action to have the court clear up this right or duty. (e.g. action to quiet title)

imprimatur
Sanction or approval; support: Our plan has the company president's imprimatur.

Teleological / Teleology

Deontological / deontology Ethics by adherence to a rule or rules

Antinomy
The apparent contradiction of two principles that appear to be obtained by correct reasoning

Praxeology
– The study of human action

Propinquity
– The state of being near; specifically Kindred or Parentage

In Limine
– a motion or order raised preliminarily; especially because of an issue about the admissibility of evidence believed by the movant to be prejudicial.pre**limin**ary

//Sua sponte//
“Of one’s own accord; voluntarily” Without prompting or suggestion; on its own motion – the court doing something voluntarily.

en banc
French: “On the bench” - With all judges present and participating in full court.

Parol Contract
- Not in Writing or is partially in writing; oral contract.

Arbitrage
– Finance: The simultaneous purchase and sale of the same securities, commodities, or foreign exchange in different markets to profit from unequal prices.

Surfeit
– Excess; overindulgence; uncomfortably full or crapulous feeling due to excessive eating or drinking; general disgust caused by excess or satiety.

Pellucid
– allowing the maximum passage of light; clear or limpid; clear in meaning.

Privies / Privy

 * A person having a legal interest of Privity in any action, matter, or property.

//Estoppel in pais//
(literally “by act of notoriety", or "solemn formal act”) is the historical root of common law estoppel by representation and equitable estoppel. The terms Estoppel in pais and equitable estoppel are used interchangeably in American law.

Ampersand:
The position and pronunciation eventually ran together, with “X, Y, Z, and per se and” becoming “X, Y, Z, ampersand.”ampersand

Ineluctable
Incapable of being evaded; inescapable.

Disparate
Adj; Distinct in kind; essentially different; dissimilar. 1580 Latin disparatus, separated.

Blatherskite
A person given to voluble, empty talk, nonsense, blather.

Voluble
Characterized by a ready and continuous flow of words; fluent; glib; talkative.

in limine
"at the threashold" A motion in limine is a pretrial motion to exclude or admit evidence."

negativing
Reject; refuse to accept; veto. Disprove; contradict.