The illegal shooting, trapping, or taking of game or fish from private or public property. The poaching of game and fish was made a crime in England in the seventeenth century, as aristocratic landowners sought to preserve their shooting and property rights. Poor peasants did most of the poaching to supplement their diets with meat and fish. In the United States, poaching was not considered a seri…
An addition to many lawbooks that updates them until a new edition is published. A pocket part is located inside the back cover of the book. A legal researcher should always consult it to ensure that the most current law is examined. …
With respect to the home mortgage finance industry, a fee or charge of one percent of the principal of the loan that is collected by the lender at the time the loan is made and is in addition to the constant long-term stated interest rate on the face of the loan. …
Economic poisons are those substances that are used to control insects, weeds, fungi, bacteria, rodents, predatory animals, or other pests. Economic poisons are useful to society but are still dangerous. In the past, an individual who was harmed by a poison that had been handled in a careless manner could institute a lawsuit for damages against the person who had mishandled the chemical. As time w…
A defensive strategy based on issuing special stock that is used to deter aggressors in corporate takeover attempts. The poison pill is a defensive strategy used against corporate takeovers. Popularly known as corporate raiding, takeovers are hostile mergers intended to acquire a corporation. A takeover begins when a so-called aggressor tries to buy sufficient stock in another corporation, known a…
A body sanctioned by local, state, or national government to enforce laws and apprehend those who break them. The police force as we know it came into being in England in the 1820s when Sir Robert Peel established London's first municipal force. Before that, policing had either been done by volunteers or by soldiers. Police officers in the twenty-first century have technological advantages …
The use of private security guards and police by such entities as businesses and school campuses to protect their property, employees, and students has grown rapidly since the early 1980s. The authority of these guards, sometimes known disparagingly as "rent-a-cops," depends upon the employer and the type of security involved. Some guards are considered private employees of security …
The violation of state and federal laws or the violation of individuals' constitutional rights by police officers; also when police commit crimes for personal gain. Through both criminal and civil statutes, federal law specifically targets police misconduct. Federal law is applicable to all state, county, and local officers, including those who work in correctional facilities. The key feder…
Police power describes the basic right of governments to make laws and regulations for the benefit of their communities. Under the system of government in the United States, only states have the right to make laws based on their police power. The lawmaking power of the federal government is limited to the specific grants of power found in the Constitution. The right of states to make laws governin…
The general principles by which a government is guided in its management of public affairs, or the legislature in its measures. A general term used to describe all contracts of insurance. …
A group not endorsed by a candidate or political party but organized to engage in political election activities, especially the raising and spending of money for "campaigning." Some political action committees (PACs) are organized solely to help defeat a candidate deemed undesirable by the group. Many types of special-interest groups have established PACs, including the following exa…
Statutes and court rulings that govern candidates running for public office. More difficult situations arise when one candidate alleges that another candidate has intentionally misrepresented the position of the other. Open political debate is expected in a campaign but candidates can be prosecuted if the claims are judged to be objectively false. Candidates who retract or withdraw challenged camp…
An issue that the federal courts refuse to decide because it properly belongs to the decision-making authority of elected officials. Political questions include such areas as the conduct of foreign policy, the ratification of constitutional amendments, and the organization of each state's government as defined in its own constitution. The rule preventing federal courts from deciding such ca…
Although it is sometimes difficult to distinguish political trials from ordinary legal proceedings, political trials generally fall into one of four categories. The most familiar type of political trial is a partisan trial, which consists of criminal legal proceedings instituted by the government to solidify its power, extinguish its opposition, or flex its muscle. Such political trials, while tak…
James Knox Polk, eleventh president of the United States, served just one term in office, but in that time he was extremely influential in shaping the country's evolution into a large and politically formidable nation. Polk's primary achievements came in the area of foreign affairs, where he completed the annexation of Texas; James K. Polk. LIBRARY OF CONGRESS directed the Mex…
A specified sum of money levied upon each person who votes. …
After graduation, Pollack joined the law firm of Gilman and Unger. By 1937, Gilman and Unger had become Unger and Pollack, and by 1943, Pollack had proved himself to be a force in both the legal and financial communities by winning a $4.5 million shareholder lawsuit against General Motors Corporation (Singer v. General Motors Corp., 136 F. 2d 905 [2d Cir. 1943]). In 1944, Pollack set out on his ow…
Amendment, states could not restrain the free speech rights of persons such as Gitlow. Though the Court did not agree with Pollak that the New York law was unconstitutional, it did adopt his incorporation argument, holding that freedom of speech and the press "are among the most fundamental personal rights and 'liberties' protected by the due process clause of the Fourtee…
A practice whereby the jurors are asked individually whether they assented, and still assent, to the verdict; it consists of calling the name of each juror and requiring a declaration of his or her verdict before it is recorded. Polling can be accomplished by questioning the jurors individually or by ascertaining the fact of unanimous concurrence by general questions. Once concurrence has been det…
As a legal scholar and historian, Sir Frederick Pollock was a leading figure in the modernization of English legal studies in the nineteenth century. Born in London on December 10, 1845, Pollock was educated at Trinity College, Cambridge, admitted to the bar in 1871, and soon Among Pollock's many admirers was his friend, Justice Holmes. The British law professor and the U.S. Supreme Co…
Charles Pollock—a Massachusetts stockholder employed by the New York defendant, Farmers' Loan & Trust Co.—appealed to the U.S. Supreme Court after unsuccessfully suing the defendant in federal courts to prevent it from breaching its fiduciary duty by filing returns for and paying a federal income tax. The tax was levied upon the profits that the defendant earned, includ…
The place where voters cast their ballots. Heads; individuals; persons singly considered. An objection to a particular juror is called a challenge to the poll, as distinguished from a challenge to the array or panel, which is opposition to the jury as an entity, based on a universal defect among the jurors. …
The contamination of the air, water, or earth by harmful or potentially harmful substances. The U.S. environmental movement in the 1960s emerged from concerns that air, water, and soil were being polluted by harmful chemicals and other toxic substances. During the industrial revolution of the nineteenth century, the mass production of goods created harmful wastes, much of which was dumped into riv…
The offense of willfully and knowingly having more than one wife or husband at the same time. The offense of willfully and knowingly entering into a second marriage while validly married to another individual is bigamy. …
An instrument used to measure physiological responses in humans when they are questioned in order to determine if their answers are truthful. Also known as a "lie detector," the polygraph has a controversial history in U.S. law. First developed in the late nineteenth century, its modern incarnation is an electromechanical device that is attached to a subject's body during an i…
A fraudulent investment plan in which the investments of later investors are used to pay earlier investors, giving the appearance that the investments of the initial participants dramatically increase in value in a short amount of time. A Ponzi scheme is a variation of illegal pyramid sales schemes. In a pyramid sales plan, a person pays a fee to become a distributor. Once the person becomes a dis…
Reference charts that aid in locating statutes, if the names by which they are commonly referred to are known. …
The representation in books, magazines, photographs, films, and other media of scenes of sexual behavior that are erotic or lewd and are designed to arouse sexual interest. The Supreme Court added requirements to the definition of obscenity in a 1966 case involving the English novel Memoirs of a Woman of Pleasure, more commonly known as Fanny Hill. In A Book Named "John Cleland's Mem…
Direct proof of the fact or point in issue, as distinguished from circumstantial proof; proof that if believed, establishes the truth or falsity of a fact in issue and does not arise from a presumption. …
Those laws that have been duly enacted by a properly instituted and popularly recognized branch of government. …
Positivism has been criticized for its harshness. Some critics of positivism have argued that not every law enacted by a legislature should be accepted as legitimate and binding. For example, laws depriving African Americans and Native Americans of various rights have been passed by governments but later overturned as unjust or unconstitutional. Critics conclude that written law ceases to be legit…
Richard A. Posner. REUTERS NEWMEDIA INC./CORBIS double the national average of judicial opinions annually, Posner has continued to publish many articles and books that range across legal, social, and intellectual topics. During the 1970s, Posner became a leader of the Chicago School of antitrust theory. This was a group of scholars, (mostly associated with the University of Chicago) wh…
In the United States, the posse comitatus was an important institution on the western frontier, where it became known as the posse. At various times vigilante committees, often acting without legal standing, organized posses to capture wrongdoers. Such posses sharply warned first-time cattle rustlers, for instance, and usually hanged or shot second-time offenders. In 1876 a four-hundred-man posse …
The U.S. Supreme Court has said that "there is no word more ambiguous in its meaning than possession" (National Safe Deposit Co. v. Stead, 232 U.S. 58, 34 S. Ct. 209, 58 L. Ed. 504 [1914]). Depending on how and when it is used, the term possession has a variety of possible meanings. As a result, possession, or lack of possession, is often the subject of controversy in civil cases inv…
A proceeding instituted to obtain or recover the actual possession of property, as distinguished from a proceeding that merely seeks to establish the plaintiff's title or ownership of property. For example, an eviction proceeding is a possessory action to regain control of the property from a tenant. …
A variety of relief sought by a convicted criminal to have his or her sentence vacated, set aside, or corrected because such a sentence was based upon some violation of the U.S. Constitution. …
To designate a written instrument, such as a check, with a time or date later than that at which it is really made. …
An infant who is born subsequent to the death of the father or, in certain cases, the mother. …
Postmarital agreements, also called postnuptial agreements, are agreements made between spouses while they are married. Postmarital agreements concern the rights and responsibilities of each spouse in the event that the other spouse dies or the couple divorces. All states allow postmarital agreements, but courts must review these agreements for procedural and substantive fairness before they can b…
Roscoe Pound was one of the leading figures in twentieth-century legal thought. As a scholar, teacher, reformer, and dean of Harvard Law School, Pound strove to link law and society through his "sociological jurisprudence" and to improve the administration of the judicial system. In the early decades of the century, Pound was viewed as a radical thinker for arguing that the law is no…
A clause in a will or trust that provides that, upon the death of the creator of the trust, his or her money or property will be transferred into some other existing trust. …
Adam Clayton Powell Jr. was a prominent African American congressman, serving his district in New York City's Harlem neighborhood from 1945 to 1970. A flamboyant and often controversial political figure, Powell played a key role in passing many federal education and social welfare programs in the 1960s. Near the end of his tenure, however, Powell was embroiled with the House of Representati…
Lewis Franklin Powell Jr. served as an associate justice of the U.S. Supreme Court from 1972 to 1987. Powell, who came to the Court as one of the most distinguished lawyers in the United States, was a moderate conservative who became a key "swing" vote on a Court that became divided between conservatives and liberals. Powell was born on November 19, 1907, in Suffolk, Virginia. A desc…
On March 25, 1931, nine young black men were traveling on a freight train through Alabama. Haywood Patterson, Eugene Williams, and brothers Roy and Andy Wright were friends, having grown up together in Chattanooga, Tennessee. Ozie Powell, Olen Montgomery, Charley Weems, Willie Roberson, and Clarence Norris all hailed from different parts of Georgia. Also on the train were seven white men and two w…
The right, ability, or authority to perform an act. An ability to generate a change in a particular legal relationship by doing or not doing a certain act. …
A written document in which one person (the principal) appoints another person to act as an agent on his or her behalf, thus conferring authority on the agent to perform certain acts or functions on behalf of the principal. A sample document granting power of attorney Powers of attorney are routinely granted to allow the agent to take care of a variety of transactions for the principal…
A clause commonly inserted in a mortgage and deed of trust that grants the creditor or trustee the right and authority, upon default in the payment of the debt, to advertise and sell the property at public auction, without resorting to a court for authorization to do so. Once the creditor is paid out of the net proceeds, the property is transferred by deed to the purchaser, and the surplus, if any…
A future interest in real property whereby the grantor conveys an estate to another, called the grantee, subject to a particular condition, the breach of which forfeits the grantee's interest in the property. For example, A, owner of Blackacre, might convey the land "To B, but if liquor is sold on the premises, then A may reenter and repossess." A has the power to terminate th…
Repeated or customary action; habitual performance; a succession of acts of similar kind; custom; usage. The exercise of any profession. …
The professional tasks performed by lawyers in their offices or in court on a day-to-day basis. With the growth of specialization, it has become difficult to generalize about the practice of law. Nevertheless, common elements can be identified in the disparate typical workday of, for example, a criminal defense attorney and a probate attorney. The practice of law depends on lawyers having clients.…
[Latin, Give an order.] An original writ, one of the forms of legal process used to commence an action. A praecipe was drawn up in the alternative and commanded the defendant to do what was ordered or to appear and show why he or she had not done it. An order that commands the clerk of a court to issue a formal writ of execution directing the enforcement of a judgment already rendered and commandi…
In addition, the term prayer is applied to that segment of the bill that contains this request. …
A clause at the beginning of a constitution or statute explaining the reasons for its enactment and the objectives it seeks to attain. Generally a preamble is a declaration by the legislature of the reasons for the passage of the statute, and it aids in the interpretation of any ambiguities within the statute to which it is prefixed. It has been held, however, that a preamble is not an essential p…
Words in a will or a trust used by the testator (the person making the will) or settlor (the person making a trust) to express a wish or desire to have his or her property disposed of in a certain way or to have some other task undertaken, which do not necessarily impose a mandatory obligation upon anyone to carry out the wish. Precatory language in a will or trust usually includes such terms as t…
Reliance upon precedent also promotes the expectation that the law is just. The idea that like cases should be treated alike is anchored in the assumption that one person is the legal equal of any other. Thus, persons in similar situations should not be treated differently except for legally relevant and clearly justifiable reasons. Precedent promotes judicial restraint and limits a judge's…
An order, writ, warrant, or process. An order or direction, emanating from authority, to an officer or body of officers, commanding that officer or those officers to do some act within the scope of their powers. Rule imposing a standard of conduct or action. In old French law, a kind of letters issued by the king in subversion of the laws, being orders to the judges to do or tolerate things contra…
A constable's or police district. A small geographical unit of government. An election district created for convenient localization of polling places. A county or municipal subdivision for casting and counting votes in elections. …
A court sanction that prevents a party who has not complied with a direction to supply information in the discovery stage of a lawsuit from later supporting or challenging designated claims or defenses related to the facts that he or she withheld. Rule 37 of the Federal Rules of Civil Procedure governs the granting of preclusion orders in actions brought in federal courts. …
A doctrine of state law that holds that a state law displaces a local law or regulation that is in the same field and is in conflict or inconsistent with the state law. Article VI, Section 2, of the U.S. Constitution provides that the "… Constitution, and the Laws of the United States … shall be the supreme Law of the Land." This Supremacy Clause has come to mean that t…
The privilege of a stockholder to maintain a proportionate share of the ownership of a corporation by purchasing a proportionate share of any new stock issues. …
The act of an insolvent debtor who pays one or more creditors the full amount of their claims or a larger amount than they would be entitled to receive on a pro rata distribution. For example, a debtor owes three creditors $5,000 each. All three are equally entitled to payment, but the debtor has only $12,000 in assets. Instead of paying each creditor $4,000, the debtor pays two creditors in full …
Stock shares that have preferential rights to dividends or to amounts distributable on liquidation, or to both, ahead of common shareholders. Preferred stock is given preference over common stock. Holders of preferred stock receive dividends at a fixed annual rate. The earnings of a corporation are applied to this payment before common stockholders receive dividends. If corporate earnings are insu…
A forejudgment; bias; partiality; preconceived opinion. A leaning toward one side of a cause for some reason other than a conviction of its justice. A juror can be disqualified from a case for being prejudiced, if his or her views on a subject or attitude toward a party will unduly influence the final decision. A decision resulting in prejudicial error substantially affects an appellant's l…
A particular major is not important to a law school admissions committee, but good grades are critical for acceptance. In addition, admissions committees seek a diverse first-year class and may look at volunteer and extracurricular activities as well as a college transcript and the results of the Law School Admission Test (LSAT). Law schools have no prerequisite courses for admission. However, col…
The U.S. Supreme Court, in Gerstein v. Pugh, 420 U.S. 103, 95 S. Ct. 854, 43 L. Ed. 2d 54 (1975), mandated that persons arrested without a warrant and held by the police must be given a preliminary hearing to determine if there is probable cause. Probable cause means that a reasonable ground exists for belief in the facts, and the hearing examines whether a prudent person would believe that the su…
A temporary order made by a court at the request of one party that prevents the other party from pursuing a particular course of conduct until the conclusion of a trial on the merits. A sample motion for preliminary injunction …
A contract made in anticipation of marriage that specifies the rights and obligations of the parties. Such an agreement typically includes terms for property distribution in the event the marriage terminates. A premarital agreement, also known as a prenuptial or antenuptial agreement, is a contract between two persons who intend to marry. All states recognize premarital agreements through statutes…
To think of an act beforehand; to contrive and design; to plot or lay plans for the execution of a purpose. Premeditation refers to the decision to plan to commit a crime, generally murder. A premeditated murder is thought out beforehand, but no specific length of time is needed for premeditation. …
A reward for an act done. A bounty or bonus; a consideration given to invite a loan or a bargain, as the consideration paid to the assignor by the assignee of a lease, or to the transferer by the transferee of shares of stock, etc. In granting a lease, part of the rent is sometimes capitalized and paid in a lump sum at the time the lease is granted. This is called a premium. The sum paid or agreed…
A standard of proof that must be met by a plaintiff if he or she is to win a civil action. The quantum of evidence that constitutes a preponderance cannot be reduced to a simple formula. A preponderance of evidence has been described as just enough evidence to make it more likely than not that the fact the claimant seeks to prove is true. It is difficult to translate this definition and apply it t…
The term prerogative is occasionally used by writers of law to refer to the object over which royal powers are exercised, such as fiscal prerogatives, which are the revenues of the king or queen. …
Formerly a court order issued under certain circumstances on the authority of the extraordinary powers of the monarch. …
A method of acquiring a nonpossessory interest in land through the long, continuous use of the land. …
To submit for consideration or action. Immediate, not in the future. Present ability refers to a person's immediate capacity to do an act. A present conveyance is made with the intention that it take effect at once. …
The presentence investigation generally consists of an interview with the defendant, a review of his or her criminal record, and a review of the specific facts of the crime. The probation or court services department prepares a report that contains all of this information and makes a recommendation to the court about the type and severity of the sentence. The court always makes the final decision …
The present instrument. The phrase these presents is used in any legal document to designate the instrument in which the phrase itself occurs. …
The official seal of the office of the president of the United States. ARCHIVE PHOTOS, INC. can end a war through a treaty or a presidential proclamation. The power to declare war, however, is vested exclusively in Congress and not the president. In a situation of an undeclared war, under the War Powers Resolution of 1973 (50 U.S.C.A. §§ 1541 et seq.) the president must consul…
The executive authority given to the president of the United States by Article II of the Constitution to carry out the duties of the office. Article II gives the president authority to recommend measures for congressional consideration. Pursuant to this authority, presidents submit budgets, propose bills, and recommend other action to be taken by Congress. …
If certain facts are established, a judge or jury must assume another fact that the law recognizes as a logical conclusion from the proof that has been introduced. A presumption differs from an inference, which is a conclusion that a judge or jury may draw from the proof of certain facts if such facts would lead a reasonable person of average intelligence to reach the same conclusion. A conclusive…
A principle that requires the government to prove the guilt of a criminal defendant and relieves the defendant of any burden to prove his or her innocence. The Supreme Court has ruled that, under some circumstances, a court should issue jury instructions on the presumption of innocence in addition to instructions on the requirement of proof beyond a reasonable doubt (Taylor v. Kentucky). A presump…
A child or other descendent omitted from the will of a testator. Modern laws concerning the inheritance of property attempt to protect the rightful heirs. A pretermitted heir is a child or descendant of the testator—the maker of a will—who has unintentionally been omitted from the will. States have enacted "pretermitted heir statutes" that protect these heirs. A preterm…
A meeting of the parties to an action and their attorneys held before the court prior to the commencement of actual courtroom proceedings. A pretrial conference is a meeting of the parties to a case conducted prior to trial. The conference is held before the trial judge or a magistrate, a judicial officer who possesses fewer judicial powers than a judge. A pretrial conference may be held prior to …
The U.S. Supreme Court has grappled with the issue of pretrial publicity since the 1960s. In Irvin v. Dowd, 366 U.S. 717, 81 S. Ct. 1639, 6 L. Ed. 2d 751 (1961), the defendant, Leslie Irvin, was convicted of committing six murders in a rural area of Indiana. The crimes generated extensive media coverage. Irvin argued that the pretrial publicity prevented him from receiving a fair trial by an impar…
The litigant who successfully brings or defends an action and, as a result, receives a favorable judgment or verdict. …
The confinement in a secure facility of a person who has not been found guilty of a crime. Preventive detention is a special form of imprisonment. Most persons held in preventive detention are criminal defendants, but state and federal laws also authorize the preventive detention of persons who have not been accused of crimes, such as certain mentally ill persons. Preventive detention is a relativ…
Horizontal price-fixing involves agreements to set prices made among one particular class of sellers—such as producers, wholesalers, or retailers. Vertical price-fixing occurs between different categories of the sellers of products and services, such as between a manufacturer and wholesaler, wholesaler and distributor, or distributor and retailer. …
A pre–Civil War case, Prigg v. Pennsylvania, 41 U.S. (16 Pet.) 539, 10 L. Ed. 1060 (1842), declared unconstitutional all fugitive slave laws enacted by the states on the ground that the federal law provided the exclusive remedy for the return of runaway slaves. Story claimed that the clause was a "fundamental article, without the adoption of which the Union could not have been formed…
[Latin, On the first appearance.] A fact presumed to be true unless it is disproved. In common parlance the term prima facie is used to describe the apparent nature of something upon initial observation. In legal practice the term generally is used to describe two things: the presentation of sufficient evidence by a civil claimant to support the legal claim (a prima facie case), or a piece of evid…
Law, in various forms, that a court must follow in deciding a case. Primary authority mainly consists of statutes, decisions by the U.S. Supreme Court, and all judicial decisions handed down by the same court or a higher court within the same judicial system. …
An authentic document or item that is offered as proof in a lawsuit, as contrasted with a copy of, or substitute for, the original. Primary evidence, more commonly known as best evidence, is the best available substantiation of the existence of an object because it is the actual item. It differs from secondary evidence, which is a copy of, or substitute for, the original. If primary evidence is av…
The lowest rate of interest that a financial institution, such as a bank, charges its best customers, usually large corporations, for short-term unsecured loans. The prime lending rate is an economic indicator and is often used as a measuring point for adjusting interest rates on other types of loans. The rate varies according to economic factors. …
A principal in the first degree is the chief actor or perpetrator of a crime. A principal in the second degree must be present at the commission of the criminal act and aid, abet, or encourage the principal in his or her criminal activity. …
A contractual relationship whereby one party—the surety—agrees to pay the principal's debt or perform his or her obligation in case of the principal's default. The principal is the debtor—the person who is obligated to a creditor. The surety is the accommodation party—a third person who becomes responsible for the payment of the obligation if the principal…
A principle provides a foundation for the development of other laws and regulations. …
Statutes enacted in a number of states making it a misdemeanor to use representations that are untrue, deceptive, or misleading in advertisements. …
Communications made by a witness before the time he or she takes the stand to testify in an action that contradict subsequent testimony given on the same exact facts. Prior inconsistent statements can be used in a lawsuit only to impeach (discredit) the trustworthiness of the witness' testimony. They cannot, however, be used to establish the truth of the matter they address. …
Government prohibition of speech in advance of publication. Though Hughes agreed that a rule against prior restraint was needed, he acknowledged that this restriction was not absolute. The rule would not, for example, prevent government in time of war from prohibiting publication of "the sailing dates of transports or the number and location of troops." Threats to national security i…
A public building used for the confinement of people convicted of serious crimes. Confinement in prison, also known as a penitentiary or correctional facility, is the punishment that courts most commonly impose for serious crimes, such as felonies. For lesser crimes, courts usually impose short-term incarceration in a jail, detention center, or similar facility. Confining criminals for long period…
The nature and extent of the privileges afforded to individuals kept in custody or confinement against their will because they have been convicted of performing an unlawful act. For most of U.S. history, the treatment of prisoners was left entirely to the discretion of prison administrators. In the late 1960s and early 1970s, the federal courts began to oversee state prison systems and develop a b…
The Privacy Act of 1974 (5 U.S.C.A. 552a) is a federal law that places restrictions on the federal government's collection, use, and dissemination of personal information. As with most comprehensive federal statutes, the act provides general and specific exemptions as well as an administrative appeals process. The genesis of the Privacy Act can be traced back to 1965, when a congressional s…
That which affects, characterizes, or belongs to an individual person, as opposed to the general public. …
A private citizen who commences a lawsuit to enforce a legal right that benefits the community as a whole. …
Legislation that benefits an individual or a locality. Also called special legislation or a private act. Many state constitutions prohibit the enactment of private bills or acts when a general law could apply. The prohibition of private bills, now more commonly known as special laws, applies to legislation that affects local governments or private individuals. Despite this constitutional language,…
That portion of the law that defines, regulates, enforces, and administers relationships among individuals, associations, and corporations. As used in distinction to public law, the term means that part of the law that is administered between citizen and citizen, or that is concerned with the definition, regulation, and enforcement of rights in cases where both the person in whom the right inheres…
A street or route that is designated by a public authority to accommodate a person or a group of people. A private road is often established because an individual needs to gain access to land; such a road can cross another person's property. A private road can be used by the general public and is open to all who wish to use it, but it primarily benefits those at whose request it was establi…
A privately owned vessel that is commissioned by one power to attack merchant ships from a hostile power. The term also refers to the commander or a crew member of such a vessel. Privateering was abolished on an international scale with the ratification of the Declaration of Paris in 1856, which was signed by Great Britain, France, Turkey, Sardinia, Austria, Prussia, and Russia. The United States,…
The privilege against self-incrimination forbids the government from compelling any person to give testimonial evidence that would likely incriminate him or her during a subsequent criminal case. This right enables a defendant to refuse to testify at a criminal trial and, according to the U.S. Supreme Court, "privileges him not to answer official questions put to him in any other proceeding…
An exchange of information between two individuals in a confidential relationship. A privileged communication is a private statement that must be kept in confidence by the recipient for the benefit of the communicator. Even if it is relevant to a case, a privileged communication cannot be used as evidence in court. Privileged communications are controversial because they exclude relevant facts fro…
Concepts contained in the U.S. Constitution that place the citizens of each state on an equal basis with citizens of other states in respect to advantages resulting from citizenship in those states and citizenship in the United States. Article IV provides that "The Citizens of each State shall be entitled to all Privileges and Immunities in the several states." The purpose of the cla…
A close, direct, or successive relationship; having a mutual interest or right. Privity refers to a connection or bond between parties to a particular transaction. Privity of contract is the relationship that exists between two or more parties to an agreement. Privity of estate exists between a lessor and a lessee, and privity of possession is the relationship between parties in successive possess…
One who has a direct, successive relationship to another individual; a coparticipant; one who has an interest in a matter; private. Privy refers to a person in privity with another—that is, someone involved in a particular transaction that results in a union, connection, or direct relationship with another. Privies in blood are the heirs of an ancestor. Privies in estate are people who succ…
The Privy Council is the British Crown's private council. It is composed of more than three hundred members, including cabinet members, distinguished scholars, judges, and legislators. Once a powerful body, it has lost most of the judicial and political functions it exercised since the middle of the seventeenth century and has largely been replaced by the Cabinet. The Privy Council derived …
Anything offered as a reward for a contest. It is distinguished from a bet or wager in that it is known before the event who is to give either the premium or the prize, and there is but one operation until the accomplishment of the act, thing, or purpose for which it is offered. In time of war, an enemy vessel or a ship captured at sea by a belligerent power. The fair market value of a prize or aw…
Tribunals with jurisdiction to decide disputes involving captures made upon the high seas during times of war and to declare the captured property as a prize if it is lawfully subject to that sentence. In the United States, federal district courts have original jurisdiction to try prize cases. …
Prize law has not been completely consistent in its development because the tribunals that rule on the seizure of the vessel are national tribunals and may reflect the interests of the belligerent state in interdicting the enemy war effort. The expanding scope of warfare and the concept of total war have also blurred the distinction between vessels subject to capture as a prize of war and those th…
[Latin, For; in respect of; on account of; in behalf of.] …
Short for pro bono publico [Latin, For the public good]. The designation given to the free legal work done by an attorney for indigent clients and religious, charitable, and other nonprofit entities. As members of a profession, lawyers are bound by their ethical rules to charge reasonable rates for their services and to serve the public interest by providing free legal service to indigent persons …
As a matter of form or for the sake of form. Used to describe accounting, financial, and other statements or conclusions based upon assumed or anticipated facts. The phrase pro forma, in an appealable decree or judgment, usually means that the decision was rendered not on a conviction that it was right, but merely to facilitate further proceedings. …
For this turn; for this one particular occasion. For example, an out-of-state lawyer may be admitted to practice in a local jurisdiction for a particular case only. …
[Latin, Proportionately.] A phrase that describes a division made according to a certain rate, percentage, or share. A pro rata clause in an automobile insurance policy provides that when an insured person has other insurance policies covering the same type of risk, the company issuing the policy with the pro rata clause will be liable only for a proportion of the loss represented by the ratio bet…
For one's own behalf; in person. Appearing for oneself, as in the case of one who does not retain a lawyer and appears for himself or herself in court. …
[Latin, For so much; for as much as one is able; as far as it can go.] A term that refers to a partial payment made on a claim. A pro tanto defense is a defendant's counter-claim against the plaintiff for one-half the requested damages. …
[Latin, For the time being.] An abbreviation used for pro tempore, Latin for "temporary or provisional." A person who acts as a temporary substitute serves pro tem. The term is often used to describe the acting head of a governing body, such as the president pro tem of the Senate, who presides over the Senate when the vice president is unable to do so. …
Probable cause is a level of reasonable belief, based on facts that can be articulated, that is required to sue a person in civil court or to arrest and prosecute a person in criminal court. Before a person can be sued or arrested and prosecuted, the civil plaintiff or police and prosecutor must possess enough facts that would lead a reasonable person to believe that the claim or charge is true. I…
Wills often contain instructions on who should be appointed legal guardian of the decedent's minor children. The probate court may investigate the qualifications of the proposed guardian before granting an order of appointment. When a will does not contain a guardianship provision, the court itself must determine, based on the best interests of the children, who should be appointed guardian…
A sentence whereby a convict is released from confinement but is still under court supervision; a testing or a trial period. Probation can be given in lieu of a prison term or can suspend a prison sentence if the convict has consistently demonstrated good behavior. The status of a convicted person who is given some freedom on the condition that for a specified period he or she act in a manner appr…
Having the effect of proof, tending to prove, or actually proving. Probative facts are data that have the effect of proving an issue or other information. Probative facts establish the existence of other facts. They are matters of evidence that make the existence of something more probable or less probable than it would be without them. They are admissible as evidence and aid the court in the fina…
The body of law that prescribes formal steps to be taken in enforcing legal rights. Procedural law is often called adjective law by legal writers. …
Supplementary proceedings are separate from the original action. They help a successful party collect what is owed on a judgment by summoning the defendant-debtor, requiring that individual to disclose what he or she owns, and ordering that it be delivered in order to satisfy the judgment. …
The yield, income, money, or anything of value produced from a sale of property or a particular transaction. Proceeds refers to whatever is received when an item is sold or to that which results or accrues from some possession or transaction. Proceeds are classified into cash and noncash categories. …
A series of actions, motions, or occurrences; a method, mode, or operation, whereby a result or effect is produced; normal or actual course of procedure; regular proceeding, as, the process of vegetation or decomposition; a chemical process; processes of nature. In patent law, an art or method by which any particular result is produced. A definite combination of new or old elements, ingredients, o…
A person authorized by law to deliver papers, typically the complaint, to the defendant. …
An act that formally declares to the general public that the government has acted in a particular way. A written or printed document issued by a superior government executive, such as the president or governor, which sets out such a declaration by the government. …
A person appointed to manage the affairs of another or to represent another in a judgment. In old English law, a proctor was an attorney who practiced in the ecclesiastical and admiralty courts. Proctors, also known as procurators, served a similar function as solicitors in the ordinary courts of England. The title of proctor was merged with that of solicitor in 1873, but it is sometimes used in t…
To cause something to happen; to find and obtain something or someone. Procure refers to commencing a proceeding; bringing about a result; persuading, inducing, or causing a person to do a particular act; obtaining possession or control over an item; or making a person available for sexual intercourse. …
As a noun, the product of natural growth, labor, or capital. Articles produced or grown from or on the soil, or found in the soil. As a verb, to bring forward; to show or exhibit; to bring into view or notice; as, to present a play, including its presentation in motion pictures. To produce witnesses or documents at trial in obedience to a subpoena or to be compelled to produce materials subject to…
The responsibility of a manufacturer or vendor of goods to compensate for injury caused by defective merchandise that it has provided for sale. …
Irreverence towards sacred things; particularly, an irreverent or blasphemous use of the name of God. Vulgar, irreverent, or coarse language. …
The right of contracting parties to stipulate in the document the law that will govern their agreement. …
The obligation of lawyers to adhere to rules of professional conduct. …
To offer or tender, as, the production of a document and offer of the same in evidence. …
Most commonly, the gross proceeds of a business transaction less the costs of the transaction; i.e., net proceeds. Excess of revenues over expenses for a transaction; sometimes used synonymously with net income for the period. Gain realized from business or investment over and above expenditures. Accession of good, valuable results, useful consequences, avail, or gain. The benefit, advantage, or p…
[French, Right of taking.] The right of persons to share in the land owned by another. …
Beginning in the 1900s, the political history of the United States has been the story of the two mainstream political parties, the Democrats and the Republicans, and the third party movements that have grown and receded in their wake. Between 1912 and 1948, progressivism, a broadly based reform movement, had three national incarnations as the Progressive Party. Progressivism began as a response to…
A type of graduated tax that applies higher tax rates as the income of the taxpayer increases. …
The popular name for the period in U.S. history from 1920 to 1933 when the manufacture and sale of alcoholic beverages—except for medicinal or religious purposes—were illegal. The impetus for the Eighteenth Amendment can be traced to the Anti-Saloon League, which was established in 1893. The league worked to enact state prohibition laws and had great success between 1906 and 1913. By…
Russell was on the Prohibition Party's first ticket, as vice president; the presidential candidate was James Black, a lawyer and activist from Pennsylvania. The ticket drew only about 5,000 votes from six states. It drew only a few thousand more votes in the 1876 and 1880 elections, but it won the support of groups such as the Women's Christian Temperance Union (WCTU) and the Anti-Sa…
An order from a superior court to a lower court or tribunal directing the judge and the parties to cease the litigation because the lower court does not have proper jurisdiction to hear or determine the matters before it. A sample writ of prohibition A writ of prohibition is an extraordinary remedy that is rarely used. …
A written or oral declaration given in exchange for something of value that binds the maker to do, or forbear from, a certain specific act and gives to the person to whom the declaration is made the right to expect and enforce performance or forbearance. An undertaking that something will or will not occur. It is a manifestation of intent to act, or refrain from acting, in a certain manner. The pe…
In the law of contracts, the doctrine that provides that if a party changes his or her position substantially either by acting or forbearing from acting in reliance upon a gratuitous promise, then that party can enforce the promise although the essential elements of a contract are not present. Certain elements must be established to invoke promissory estoppel. A promisor—one who makes a pro…
A written, signed, unconditional promise to pay a certain amount of money on demand at a specified time. A written promise to pay money that is often used as a means to borrow funds or take out a loan. The individual who promises to pay is the maker, and the person to whom payment is promised is called the payee or holder. If signed by the maker, a promissory note is a negotiable instrument. It co…
A person who devises a plan for a business venture; one who takes the preliminary steps necessary for the formation of a corporation. …
To officially announce, to publish, to make known to the public; to formally announce a statute or a decision by a court. …
The establishment of a fact by the use of evidence. Anything that can make a person believe that a fact or proposition is true or false. It is distinguishable from evidence in that proof is a broad term comprehending everything that may be adduced at a trial, whereas evidence is a narrow term describing certain types of proof that can be admitted at trial. …
Fit; correct; reasonably sufficient. That which is well adapted or appropriate. Proper care is the degree of care a reasonable, prudent person would use under similar circumstances. A proper party is an individual who has an interest in the litigation. He or she can be joined—that is, brought into the action—but his or her nonjoinder will not result in a dismissal. A substantial judi…
Real property is land and ordinarily anything erected on, growing on, or affixed to it, including buildings and crops. The term is also used to declare any rights that issue from the ownership of land. The terms real estate and real property generally refer to land. The term land, in its general usage, includes not only the face of the earth but everything of a permanent nature over or under it, i…
A generic term that refers to any type of right to specific property whether it is personal or real property, tangible or intangible; e.g., a professional athlete has a valuable property right in his or her name, photograph, and image, and such right may be saleable by the athlete. …
Property settlements can arise through agreement of the parties, subject to approval by the court, or by court order. Once approved, the settlement functions like a contract for enforcement or modification purposes. Some states use alternate terms to describe a property settlement, such as property agreement, settlement agreement, or separation agreement. Two types of property that must be distrib…
One who offers or proposes. A proponent is a person who comes forward with an a item or an idea. A proponent supports an issue or advocates a cause, such as a proponent of a will. …
To offer or propose. To form or put forward an item, plan, or idea for discussion and ultimate acceptance or rejection. …
As a noun, a proprietor or owner; one who has the exclusive title to a thing; one who possesses or holds the title to a thing in his or her own right; one who possesses the dominion or ownership of a thing in his or her own right. As an adjective, belonging to ownership; owned by a particular person; belonging or pertaining to a proprietor; relating to a certain owner or proprietor. Proprietary re…
To divide proportionately. To adjust, share, or distribute something or some amount on a pro rata basis. …
To follow through; to commence and continue an action or judicial proceeding to its ultimate conclusion. To proceed against a defendant by charging that person with a crime and bringing him or her to trial. The state, on behalf of the people, generally prosecutes a defendant accused of a crime. …
One who prosecutes another for a crime in the name of the government. State and county governments employ prosecutors to represent their local communities in complaints against criminal defendants. On the federal level, the president appoints prosecutors to represent the United States in complaints against criminal defendants. Second, a prosecutor may not vindictively add charges because a defenda…
A document, notice, circular, advertisement, letter, or communication in written form or by radio or television that offers any security for sale, or confirms the sale of any security. …
The act of offering one's self for hire to engage in sexual relations. purpose of prostitution or for any other immoral purpose. In the nineteenth and early twentieth centuries, states began to encourage the arrest of prostitutes for such crimes as vagrancy and loitering. Congress passed the Mann Act in 1910, which criminalized interstate prostitution, and state legislatures made prost…
An arrangement whereby a person is safeguarded by law enforcement authorities in a location other than the person's home because his or her safety is seriously threatened. When a witness to a crime is intimidated not to testify because the alleged perpetrator or her associates have threatened physical violence against the witness or the witness's family, law enforcement authorities h…
A protective order can limit the time and place where a deposition can be taken, restrict the inspection of documents in the possession of a party, or regulate or modify the enforcement of a judgment. …
The extent of the reciprocal rights and duties between the protecting state and the protected state depends upon the terms of the treaty and the conditions under which other states have recognized the protectorate. Although it loses some of its independence, the protected state still exists as a state in international law and may avail itself of some of the rights of a state. Its diplomatic repres…
A formal declaration whereby a person expresses a personal objection or disapproval of an act. A written statement, made by a notary, at the request of a holder of a bill or a note that describes the bill or note and declares that on a certain day the instrument was presented for, and refused, payment. A protest is generally made to save some right that would be waived unless a negative opinion wa…
A title given to the principal clerk of a court.…
A brief summary; the minutes of a meeting; the etiquette of diplomacy. Protocol refers to a summarized document or the minutes of a meeting that are initialed by the parties present to indicate the accuracy of the document or minutes. …
The district into which a country has been divided; as, the province of Ontario in Canada. More loosely, a sphere of activity or a profession such as medicine or law. …
Temporary; not permanent. Tentative, contingent, preliminary. A provisional civil service appointment is a temporary position that fills a vacancy until a test can be properly administered and statutory requirements can be fulfilled to make a permanent appointment. …
A condition, stipulation, or limitation inserted in a document. A condition or a provision in a deed, lease, mortgage, or contract, the performance or non-performance of which affects the validity of the instrument. It generally begins with the word provided. A proviso clause in a statute excepts something from statutory requirements, qualifies the statute, or excludes some potential area of misin…
Conduct by which one induces another to do a particular deed; the act of inducing rage, anger, or resentment in another person that may cause that person to engage in an illegal act. …
An act from which an injury results as a natural, direct, uninterrupted consequence and without which the injury would not have occurred. Proximate cause is the primary cause of an injury. It is not necessarily the closest cause in time or space nor the first event that sets in motion a sequence of events leading to an injury. Proximate cause produces particular, foreseeable consequences without t…
A representative; an agent; a document appointing a representative. A proxy is a person who is designated by another to represent that individual at a meeting or before a public body. It also refers to the written authorization allowing one person to act on behalf of another. In corporate law, a proxy is the authority to vote stock. This authority is generally provided by the charter and bylaws of…
Historically known as the prudent or reasonable man rule, this standard does not mandate an individual to possess exceptional or uncanny investment skill. It requires only that a fiduciary exercise discretion and average intelligence in making investments that would be generally acceptable as sound. …
As a noun, the whole body politic, or the aggregate of the citizens of a state, nation, or municipality. The community at large, without reference to the geographical limits of any corporation like a city, town, or county; the people. As an adjective, open to all; notorious. Open to common use. Belonging to the people at large; relating to or affecting the whole people of a state, nation, or commu…
Agencies endowed with governmental functions. Administrative agencies are continuing organizations, unaffected by changes in personnel. Ordinarily final actions of administrative officers or bodies within the scope of their authority are binding on their successors. All persons are equally eligible to hold an administrative office unless they are excluded by some constitutional or statutory disqua…
An agreement to perform a particular task to benefit the community at large that is financed by government funds. A public contract is a legally enforceable commitment of a party to undertake the work or improvement desired by a public authority. Public contracts are largely governed by the general law of contracts. Private individuals and corporations are held to stricter standards in their deali…
An attorney appointed by a court or employed by the government to represent indigent defendants in criminal actions. …
A scientist examines the West Nile virus at a Centers for Disease Control (CDC) lab in Fort Collins, Colorado. The CDC is the federal government's chief instrument for responding to public health emergencies; it also develops programs to prevent and control the spread of disease. AP/WIDE WORLD PHOTOS The Public Health Service was first established by Act of July 16, 1798 (ch. 77, 1 S…
Anything affecting the rights, health, or finances of the public at large. Public interest is a common concern among citizens in the management and affairs of local, state, and national government. It does not mean mere curiosity but is a broad term that refers to the body politic and the public weal. A public utility is regulated in the public interest because private individuals rely on such a c…
Land that is owned by the United States government. Public land refers to the public domain, unappropriated land belonging to the federal government that is subject to sale or other disposal under general laws and is not reserved for any particular governmental or public purpose. Much of this land was acquired early in the history of the United States as a result of purchases, wars, or treaties ma…
A general classification of law concerned with the political and sovereign capacity of a state. Public law refers to an act that applies to the public at large, as opposed to a private law that concerns private individual rights, duties, and liabilities. Public law is the citation given to the original form of federal and some state laws. For example, the citation for the Economic Recovery Tax Act…
A business can raise capital for its enterprise through the sale of securities, which include stocks, bonds, notes, debentures, or other documents that represent a share in the company or a debt owed by the company. When a company proceeds to issue the securities, it is called an offering. There are two types of offering: private and public. A private offering is made to a limited number of person…
A principle that no person or government official can legally perform an act that tends to injure the public. Public policy manifests the common sense and common conscience of the citizens as a whole that extends throughout the state and is applied to matters of public health, safety, and welfare. It is general, well-settled public opinion relating to the duties of citizens to their fellow citizen…
Businesses that provide the public with necessities, such as water, electricity, natural gas, and telephone and telegraph communication. A public utility is a business that furnishes an everyday necessity to the public at large. Public utilities provide water, electricity, natural gas, telephone service, and other essentials. Utilities may be publicly or privately owned, but most are operated as p…
Making something known to the community at large, exhibiting, displaying, disclosing, or revealing. Publication is the act of offering something for the general public to inspect or scrutinize. It means to convey knowledge or give notice. Publication of a will refers to the testator's informing the witnesses to the document of his or her intent to have the instrument operate as a will. …
To circulate, distribute, or print information for the public at large. The meaning of the term publish differs according to the context in which it is used. In its broadest sense, the term publishing describes the act of making something known to the general public. A publication can be accomplished by speaking in a public place, printing information on paper and distributing it on the street, bu…
The body of law relating to the publication of books, magazines, newspapers, electronic materials, and other artistic works. Publishers may be held liable for omissions, mistakes, and transgressions of their authors, as well as their own omissions, mistakes, and transgressions. One of the first and foremost concerns of publishers is copyright and trademark issues. Publishers should conduct thoroug…
The legal relationship between Puerto Rico and the United States has been described in a number of ways, ranging from "colonial possession" to "dual sovereigns." Technically speaking, Puerto Rico is a territory of the United States, subject to the plenary power of Congress. At the same time, however, Puerto Rico is a commonwealth with its own constitution, bicameral leg…
An opinion or judgment that is not made as a representation of fact. Puffing is generally an expression or exaggeration made by a salesperson or found in an advertisement that concerns the quality of goods offered for sale. It presents opinions rather than facts and is usually not considered a legally binding promise. Such statements as "this car is in good shape" and "your wi…
In 1859, 28-year-old George M. Pullman, an ambitious entrepreneur who had moved from New York to Chicago, found success as a building contractor. When a new sewage system was installed that necessitated the raising of downtown buildings by ten feet, he ran a business where he oversaw large teams of men working with huge jacks to raise the buildings. Pullman quickly became wealthy. Continuing his p…
The imposition of hardship in response to misconduct. Until the nineteenth century, corporal punishment in England could consist of whipping, branding, or the cutting off of a body part. Noses, ears, hands, fingers, toes, and feet were all subject to removal for criminal acts. Often the body part sliced off was the part thought responsible for the act. A pickpocket, for example, might have a hand …
Monetary compensation awarded to an injured party that goes beyond that which is necessary to compensate the individual for losses and that is intended to punish the wrongdoer. Punitive damages, also known as exemplary damages, may be awarded by the trier of fact (a jury or a judge, if a jury trial was waived) in addition to actual damages, which compensate a plaintiff for the losses suffered due …
A security device entered into when the seller of property, as opposed to a bank or financial institution, advances a sum of money or credit to the purchaser in return for holding the mortgage on the property. The seller of the property, rather than a lending institution, is the mortgagee. These mortgages are given concurrently with the conveyance of the land or the transfer of the items sold. …
A document authorizing a seller to deliver goods, with payment to be made at a later date. A purchase order is a written authorization requesting a vendor to furnish goods to a purchaser. It is an offer from the purchaser to buy certain articles. The offer is accepted by the seller when she supplies the requested items. A contract is formed and the seller can expect payment in return for the deliv…
Dr. Harvey W. Wiley was instrumental in the passage of the Pure Food and Drug Act, which was subsequently amended in 1912, 1913, and 1919. The act defined adulterated food as that which is combined or packaged with another substance that adversely affects the quality or strength of the food; is substituted in whole or part by another substance; has had any essential component removed in whole or p…
To exonerate someone; to clear someone of guilt, charges, or accusations. …
To convey, imply, or profess; to have an appearance or effect. The purport of an instrument generally refers to its facial appearance or import, as distinguished from the tenor of an instrument, which means an exact copy or duplicate. …
According to a prescribed method or some authority. To follow after or follow out; to execute or carry out by reason of something. To do an act pursuant to the law is to conform to the requirements of a statute. …
The part of a statute or a law that delineates its purpose and scope. Purview refers to the enacting part of a statute. It generally begins with the words be it enacted and continues as far as the repealing clause. The purview is distinguished from other parts of a statute, such as the title, preamble, and savings clauses. …
An option—a right that operates as a continuing proposal—given in exchange for consideration—something of value—permitting its holder to sell a particular stock or commodity at a fixed price for a stated quantity and within a limited time period. A put is purchased for a fee paid to the person who agrees to accept the stock or goods if they are offered. The purchaser of…
Alleged; supposed; reputed. A putative father is the individual who is alleged to be the father of an illegitimate child. …
The U.S. Supreme Court appointed Putzel its reporter of decisions in 1964, the thirteenth person to hold the position. As reporter, Putzel was responsible for the accuracy of each opinion, the preparation of headnotes and a syllabus that summarizes the decisions, and the actual publication of each volume of decisions. During his 15-year tenure, he edited or co-edited 64 volumes (nos. 376–44…
[Latin, Considered as; in the character or capacity of.] For example, "the trustee qua trustee [that is, in his or her role as trustee] is not liable." …
A particular attribute, quality, property, or possession that an individual must have in order to be eligible to fill an office or perform a public duty or function. For example, attaining the age of majority is a qualification that must be met before an individual has the capacity to enter into a contract. The term qualification also refers to a limitation or restriction that narrows the scope of…
In contract law, an assent to an offer that is either conditional or partial and alters the offer by changing the time, amount, mode, or place of payment. In order for a contract to be valid, an acceptance of an offer must not be subject to any conditions; therefore, a qualified acceptance is tantamount to a counteroffer. …
[Latin, As much as is deserved.] In the law of contracts, a doctrine by which the law infers a promise to pay a reasonable amount for labor and materials furnished, even in the absence of a specific legally enforceable agreement between the parties. A party who performs a valuable service for another party usually enters into a written contract or agreement before performing the service, particula…
[Latin, Wherefore; for what reason; on what account.] The introductory term used in the Latin form of a number of common-law writs at the beginning of the statement of the reason for the dispute. Quare is more commonly used in its English form, query. …
To overthrow; to annul; to make void or declare invalid; e.g., "quash a subpoena." Unreasonable, obviously irregular, or oppressive subpoenas, injunctions, indictments, and orders can be quashed by a court. For example, if jurors have been selected improperly, the court can quash the proceedings. In criminal cases, if an indictment is defective to such a degree that no judgment could…
[Latin, Almost as it were; as if; analogous to.] In the legal sense, the term denotes that one subject has certain characteristics in common with another subject but that intrinsic and material differences exist between them. …
A quasi contract is a contract that exists by order of a court, not by agreement of the parties. Courts create quasi contracts to avoid the unjust enrichment of a party in a dispute over payment for a good or service. In some cases a party who has suffered a loss in a business relationship may not be able to recover for the loss without evidence of a contract or some legally recognized agreement. …
Both in rem and quasi in rem jurisdiction are based on the presence of the party's property within the court's territorial authority. In each instance the court may exercise jurisdiction without the actual presence of the party in court. The distinction between the two types of jurisdiction involves the nature of the dispute to which each applies and the extent of the authority each …
The action taken and discretion exercised by public administrative agencies or bodies that are obliged to investigate or ascertain facts and draw conclusions from them as the foundation for official actions. Complaints against administrative agencies often arise when an agent denies benefits or places restrictions on an individual. For example, a homeowner who seeks to build another structure on h…
The capacity in which a public administrative agency or body acts when it makes rules and regulations. Administrative agency rules are made only with the permission of elected lawmakers, and elected lawmakers may strike down an administrative rule or even eliminate an agency. In this sense quasi-legislative activity occurs at the discretion of elected officials. Nevertheless, administrative agenci…
An issue that involves the resolution of a factual dispute or controversy and is within the sphere of the decisions to be made by a jury. A question of fact is a factual dispute between litigants that must be resolved by the jury at trial. It is an issue that is material to the outcome of the case and requires an interpretation of conflicting views on the factual circumstances surrounding the case…
An issue that is within the province of the judge, as opposed to the jury, because it involves the application or interpretation of legal principles or statutes. On appeal, the trial court's ruling on a question of law generally receives closer scrutiny than a jury's findings of fact. Being present at the trial, the fact finder is in a better position than the appeals court to evalua…
Civil actions maintained by private persons on behalf of both themselves and the government to recover damages or to enforce penalties available under a statute prohibiting specified conduct. The term qui tam is short for the Latin qui tam pro domino rege quam pro se ipso in hac parte sequitur, which means "who brings the action for the king as well as for himself." Qui tam actions a…
Personal property that is readily marketable. Quick assets are items, such as jewelry, that can be easily converted to cash for immediate use. …
[Latin, What for what or Something for something.] The mutual consideration that passes between two parties to a contractual agreement, thereby rendering the agreement valid and binding. In common usage, quid pro quo refers to the giving of one valuable thing for another. Quid pro quo has the same meaning in the law but with varying implications in different contexts. Quid pro quo, or the exchange…
Quiet enjoyment is a right to the undisturbed use and enjoyment of real property by a tenant or landowner. The right to quiet enjoyment is contained in covenants concerning real estate. Generally a covenant is an agreement between two parties to do or refrain from doing something. Other rights related to quiet enjoyment may be tailored to specific situations. For example, at least one court has fo…
A proceeding to establish an individual's right to ownership of real property against one or more adverse claimants. An action to quiet title is a lawsuit filed to establish ownership of real property (land and buildings affixed to land). The plaintiff in a quiet title action seeks a court order that prevents the respondent from making any subsequent claim to the property. Quiet title actio…
In 1975, Karen Ann Quinlan, age twenty-two, stopped breathing and lapsed into a coma. Quinlan's treating physicians determined that in addition to being comatose, Quinlan was in a "chronic persistent vegetative state" and could not survive without the assistance of a respirator. Further, the physicians believed that Quinlan had no chance of recovery and could not Nearly ev…
To vacate; remove from; surrender possession. When a tenant leaves premises that he or she has been renting, the tenant is said to quit such premises. A notice to quit is written notification given by a landlord to a tenant that indicates that the landlord wants to repossess the premises and that the tenant must vacate them at a certain designated time. …
An instrument of conveyance of real property that passes any title, claim, or interest that the grantor has in the premises but does not make any representations as to the validity of such title. A quitclaim deed is a release by the grantor, or conveyor of the deed, of any interest the grantor may have in the property described in the deed. Generally a quitclaim deed relieves the grantor of liabil…
[Latin, With what intention or motive.] A term sometimes used instead of the word animus, which means design or motive. …
A legal proceeding during which an individual's right to hold an office or governmental privilege is challenged. In old English practice, the writ of quo warranto—an order issued by authority of the king—was one of the most ancient and important writs. It has not, however, been used for centuries, since the procedure and effect of the judgment were so impractical. Currently th…
A majority of an entire body; e.g., a quorum of a legislative assembly. A quorum is the minimum number of people who must be present to pass a law, make a judgment, or conduct business. Quorum requirements typically are found in a court, legislative assembly, or corporation (where those attending might be directors or stockholders). In some cases, the law requires more people than a simple majorit…
Acts of bias based on the race or ethnicity of the victim. …
The consideration of race, ethnicity, or national origin by an officer of the law in deciding when and how to intervene in an enforcement capacity. Police officers often profile certain types of individuals who are more likely to perpetrate crimes. Many of these suspects are profiled because of activities observed by police officers. For example, if someone who is obviously poor is frequently seen…
Racketeering, as it is commonly understood, has always coexisted with business. In the United States, the term racketeer was synonymous with members of organized-crime operations. Organized crime continued to proliferate in the 1960s. After investigating and debating organized-crime legislation for approximately 20 years, beginning with Senate committee hearings conducted in 1951 by Tennessee Sena…
The idea of using rails for transportation was first conceived in the sixteenth century. The first railroads used wooden rails to guide horse-drawn wagons. In the eighteenth century, cast-iron wheels and rails were used in Europe and England, and by the nineteenth century, horses had been replaced by many steam-driven engines as the source of power. The first public railroad equipped for steam-pow…
Congress first passed the Railroad Retirement Act in 1934 to reward the hard work done by railroad workers, recognize the national benefits conferred by railroad work, and encourage the retirement of older railroad workers. By offering the means for railroad workers "to enjoy the closing days of their lives with peace of mind and physical comfort," Congress intended to provide jobs t…
She was also the first ABA president with a technological bent, proselytizing for decades about the need for modern management techniques and computerization in running law firms. Ramo, the daughter of a Western clothing retailer, was born August 8, 1942, in Denver, Colorado. She graduated from the University of Colorado magna cum laude in 1964. She then entered the University of Chicago Law Schoo…
A. Philip Randolph. FISK UNIVERSITY LIBRARY His life's work grew out of a request by Pullman car porters to help them organize a union. In the 1920s railroads dominated U.S. transportation. The dining cars, club cars, and sleeping cars of passenger trains were staffed by African American porters, who earned their money primarily from the tips of passengers. Ignored by the American Fe…
Randolph was born on August 10, 1753, in Williamsburg, Virginia. He attended William and Mary College and then studied law with his father, who was a prominent lawyer and the king's attorney in the colony of Virginia. As the American Revolution approached, Randolph sided with the independence movement, while his father remained loyal to the crown. In 1775 Randolph's father, mother, a…
Rankin was born on June 11, 1880, on a ranch near Missoula, Montana. The oldest of seven children, Rankin was first among a family of high achievers. One of Rankin's sisters became dean of women at the University of Montana, and another taught in the English department there. Rankin's only brother and Jeannette Rankin. LIBRARY OF CONGRESS another sister became well-known, poli…
Rantoul was born on August 13, 1805, in Beverly, Massachusetts. He attended private schools before enrolling at Harvard University. He was admitted to the Massachusetts bar and practiced law in Salem. Rantoul served in the Massachusetts legislature for several terms before becoming U.S. attorney for the district of Massachusetts. He was briefly a Democratic member of the U.S. House of Representati…
A criminal offense defined in most states as forcible sexual relations with a person against that person's will. Rape is the commission of unlawful sexual intercourse or unlawful sexual intrusion. Rape laws in the United States have been revised over the years, and they vary from state to state. Historically, rape was defined as unlawful sexual intercourse with a woman against her will. The…
That which can be appraised, assessed, or adjusted through the application of a formula or percentage. Ratable property is that which is taxable or capable of being appraised or assessed. …
Value, measure, or degree; a charge, payment, or price determined through the application of a mathematical formula or based upon a scale or standard. For example, an interest rate is determined by the ratio between the principal and interest. Rate is also used synonymously with tax. …
The confirmation or adoption of an act that has already been performed. A principal can, for example, ratify something that has been done on his or her behalf by another individual who assumed the authority to act in the capacity of an agent. In addition, proposed amendments to the U.S. Constitution must be ratified by three-quarters of the state legislatures or by conventions in three-quarters of…
[Latin, The ground or reason of decision.] The legal principle upon which the decision in a specific case is founded. The ratio decidendi is also known as the rationale for a decision. …
Courts employ various standards of review to assess whether legislative acts violate constitutionally protected interests. The U.S. Supreme Court has articulated the rational basis test for those cases where a plaintiff alleges that the legislature has made an arbitrary or irrational decision. When a court employs the rational basis test, it usually upholds the constitutionality of the law, becaus…
Unlawful carnal knowledge of a female by a male by force, against her will and without her consent. Ravishment is the same as rape, a criminal offense defined by most statutes as unlawful sexual intercourse with a female by a male with force and without her consent. …
Rawls was born on February 21, 1921, in Baltimore, Maryland. He earned his bachelor's degree from Princeton University in 1943 and his doctorate from Princeton in 1950. Rawls was an instructor at Princeton between 1950 and 1952, before attending Oxford University in England as a Fulbright Fellow. Upon his return to the United States in 1953, he served as a professor at Cornell University (1…
[Latin, In the matter of; in the case of.] A term of frequent use in designating judicial proceedings, in which there is only one party. Thus, "Re Vivian" signifies "In the matter of Vivian," or "in Vivian's Case." …
Ronald Reagan. LIBRARY OF CONGRESS Reagan was born on February 6, 1911, in Tampico, Illinois. When he was nine years old, his family moved to Dixon, Illinois. He attended nearby Eureka College and graduated in 1932. He worked as a radio and sports announcer at several stations in Iowa before he was discovered by a Hollywood talent scout. He signed an acting contract with the Warner Brothers…
Land, buildings, and things permanently attached to land and buildings. Also called realty and real property. The sale and lease of real estate in the United States are major economic activities and are regulated by state and federal laws. The two major types of real estate are commercial and residential real estate. Commercial real estate involves the sale and lease of property for business purpo…
Probative matter furnished by items that are actually on view, as opposed to a verbal description of them by a witness. For example, a weapon used in the commission of a crime would be classified as real evidence. …
Actual; converted into cash. A realized profit, for example, is a cash-in-hand gain as opposed to a paper profit, such as the increase in value of a particular stock, which could potentially be lost prior to the time it is sold. …
Suitable; just; proper; ordinary; fair; usual. The term reasonable is a generic and relative one and applies to that which is appropriate for a particular situation. …
A standard of proof that must be surpassed to convict an accused in a criminal proceeding. The reasonable doubt standard is not used in every stage of a criminal prosecution. The prosecution and defense need not prove beyond a reasonable doubt that every piece of evidence offered into trial is authentic and relevant. If a prosecutor or defendant objects to a piece of evidence, the objecting party …
The amount of force necessary to protect oneself or one's property. Reasonable force is a term associated with defending one's person or property from a violent attack, theft, or other type of unlawful aggression. It may be used as a defense in a criminal trial or to defend oneself in a suit alleging tortious conduct. If one uses excessive force, or more than the force necessary for …
The decision whether an accused is guilty of a given offense might involve the application of an objective test in which the conduct of the accused is compared to that of a reasonable person under similar circumstances. In most cases, persons with greater than average skills, or with special duties to society, are held to a higher standard of care. For example, a physician who aids a person in dis…
In evaluating alleged sexual harassment, the reasonable person standard is an objective standard of perception based on a fictitious, reasonable person. Using this standard in a sexual harassment case, the fact finder would ask whether a reasonable person in the plaintiff's position would have felt that the respondent's actions constituted grounds for a sexual harassment claim. By co…
Discount; diminution of interest on capital lent in consideration of prompt repayment thereof; reduction of a stipulated charge that is not credited in advance but is returned subsequent to payment in full. A tax rebate is a sum of money refunded to a taxpayer after full payment of the tax has been made. Rather than reducing retail prices, many automobile manufacturers choose to offer rebates …
[Latin, At this point of affairs; in these circumstances.] A tacit condition attached to all treaties to the effect that they will no longer be binding as soon as the state of facts and conditions upon which they were based changes to a substantial degree. …
To defeat, dispute, or remove the effect of the other side's facts or arguments in a particular case or controversy. When a defendant in a lawsuit proves that the plaintiff's allegations are not true, the defendant has thereby rebutted them. …
A conclusion as to the existence or nonexistence of a fact that a judge or jury must draw when certain evidence has been introduced and admitted as true in a lawsuit but that can be contradicted by evidence to the contrary. A rebuttable presumption can be overturned only if the evidence contradicting it is true and if a reasonable person of average intelligence could logically conclude from the ev…
The right or procedure by which a public official may be removed from a position by a vote of the people prior to the end of the term of office. Recall is the retiring of an elected officer by a vote of the electorate. Some state constitutions prescribe the procedure that must be followed in a recall—for example, requiring the filing of a petition containing the signatures of a specific num…
Regaining possession of; taking back.…
Acknowledgment in writing that something of value, or cash, has been placed into an individual's possession; written conf