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Exam 2 Notes
N/A
20
Other
Undergraduate 4
03/24/2013

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Cards

Term
Damnum Absque Injuria
Definition
Person causes damages/loss to another, but does not injury them, thus latter has no legal remedy.
Term
Dedication
Definition
The appropriation of land or easement by the owner for the use of the public, & accepted for such use by or on behalf of the public.
Term
Eminent Domain
Definition
The power to take a private property for public use by the state, municipalities, & private persons or corporations authorized to exercise functions of public character.
Term
Enjoin
Definition
To require a person by writ of injunction, to perform some act
Term
Entitlement
Definition
Right to benefits, income or property which may not be abridged without due process.
Term
Entitlement
Definition
Right to benefits, income or property which may not be abridged without due process.
Term
Exaction
Definition
The wrongful act of an officer or other person in compelling payment of a free or reward for his services, under color of his official authority, where no payment is due.
Term
5th Amendment
Definition
“Private property shall not be taken for public use, without just compensation.”
Term
Injunction
Definition
A court order prohibiting someone from doing some specified act or commanding someone to undo some wrong or injury.
Term
Judgment Proof
Definition
Descriptive of all persons against whom judgments for money recoveries are of no effect.
Term
Just Compensation
Definition
Compensation which is fair to both the owner & the public when property is taken for public use through condemnation.
Term
Moral Hazard
Definition
Opportunism characterized by an informed person’s taking advantage of a less-informed person through an unobserved action.
Term
Nuisance
Definition
The activity which arises from unreasonable or unlawful use by a person of his own property & producing such material annoyance that law will presume resulting in damage.
Term
Opportunistic Behavior
Definition
Taking advantage of someone when circumstances permit.
Term
Police Power
Definition
The power of the State to place restraints on the personal freedom & property rights of persons for the protection of the public safety, health, & morals.
Term
Stare Decisis
Definition
Policy of courts to stand by precedent & not to disturb settled point.
Term
Strategic Behavior
Definition
A set of actions a firm takes to increase its profit, taking into account the possible actions of other firms.
Term
Strict Liability
Definition
A concept applied by the courts in product liability cases in which the seller is liable for any & all defective/hazardous products which threaten a consumer’s safety.
Term
Taking
Definition
Transfer of possession or control. “Taking” of property when gov’t action directly interferes with the owner’s use & enjoyment of the property.
Term
Ultra Vires
Definition
An act performed without authority to act on a subject.
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