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American Law (Fach) / Exam Review (Lektion)

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• bullet a one year prison sentence
• nickel a five year prison sentence
• dime a ten year prison sentence
• buck roger time possible parole only very very far in the future
• all-day serving a life sentence with the possibility of parole
• all day and night serving a life sentence without parole
• backdoor parole dying while in prison
• rap sheet a criminal record
• take the rap to accept punishment or take the blame for an offense or error
• brake fluid psychiatric meds
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• busted to be caught committing a crime
• shiv a knife, razor or other sharp or pointed implement especially one used as a weapon
• pack heat carry a gun
• stiff a corpse
• doing the dutch/dutch act committing suicide in prison
• cop a plea to plead guilty to a lesser charge so as to avoid standing trial for a more serious charge
• chop shop a place where stolen cars are dissembled for parts that are then sold
• whack/clip to kill deliberately / to murder
• fink/snitch an informer, especially someone acting as an informer or decoy for the police
• goon a thug hired to intimidate or harm opponents
• hustle to obtain something by deceitful or illicit means, practice theft or swindling
• John a person who tries to hire a prostitute
• Patsy a person easily taken advantage of, cheated, blamed, or ridiculed
• sleeping with the fishes when criminals dispose of someone
• three strike rule After having committed three felonies, the defendant is sent to prison for a lifetime as deterrence and rehabilitation obviously do not work
• Miranda warning You have the right to remain silent
• detained police can hold the suspect for up to 48 hours
• booked Taking fingerprints and mug shot of suspect at police station
• initial appearance before a judge Usually within 24 hours of being booked
• bail two reasons not to be granted bail: 1) capital crime with the possibility of the death penalty 2) flight risk
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• indictment prosecutor, as well as the grand jury, think that it is very likely that the defendant committed the crimes accused of
• arraignment formal charges are told to the defendant
• limited discovery Attorney of defendant gets to see some evidence of the police
• backup A call to stop by another police officer's location or to aid another officer as secondary unit
• nab to catch someone
• jailbait someone below the legal age of consent - young women
• nark/narc A police officer working in drug-related crime
• hood A petty criminal or gang member; area of town where you live
• shall Only the party signing the contract has a duty under the contract shall is following a party e.g., buyer shall, the landlord shall, etc.  Shall should also be followed by a duty verb, e.g., the Seller shall deliver, can shall be replaced with "has an obligation to"?  Exceptions:  1) shall + to be: The party shall be excused... 2) shall + to have: Either party shall have the right... 3) circumstantial phrases: If the Tenant shall fail to pay...
• golden rule of contract drafting never change your language unless you wish to change the meaning and always change your language if you wish to change the meaning
• shall not Prohibition, e.g., the Seller shall not non-existence of a duty, e.g., the Seller is not obligated to
• will is not a word recognized to express duties exceptions: 1) provision stating a party's opinion or belief about the future, e.g., amendments (if, in the judgment of that party's Board of Directors, the amendment will negatively affect the stock price) 2) covenants that include statements about the future, e.g., right to deposit upon termination (...to reimburse itself for expenses it has incurred or will incur to repair...) 3) granting discretionary authority with respect to some future events, e.g., choice of color (e.g. The tenant may choose the color that the Contractor will paint the house) 4) warranty of performance (e.g. ... will be free from defect...)
• contract drafting always draft in the present tense
• must It should be used sparingly as it has a negative connotation, can be consciously used to underline a special duty  1) condition on the condition: if - must structure (triggering condition, party, criteria, time limit) e.g., If a window is broken, the policyholder must provide three repair estimates, in writing, within 60 days
• rights Something someone is entitled to: for every duty, there is a right lawyers prefer duty language as it is more active and direct, and rights language is more passive; only used for strategic reasons: 1) big fish/little fish scenario, e.g., consumer contract (If the product is damaged, the Purchaser is entitled to a refund) --> gives the other party a sense of empowerment (psychologically strategic) common words use to create rights: is entitled to or has the right to
• may indicates a privilege or discretionary authority 1) choosing between different options, e.g., the seller may deliver by truck, rail, or air 2) being given the possibility to create legal consequences unilaterally, e.g., the seller may terminate this contract Trying to increase the use of may is benefiting your party; trying to limit the use of may is benefiting the other party
• duty Having an obligation to do something; shall represents the legal obligation, if not performed by the party it will be considered a breach
• privilege having a right without a duty
• preamble/recital The introductory paragraph of a contract provides background information. Clarifies the parties' intentions and aims to resolve problems of interpretation, expresses the intent of the parties and purpose of the contract, can be used to establish damages in case of breach or provide the grounds for specific performance (equitable relief)
• definitions follows after the recital, used to define expressions used only in that business and include abbreviations

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