The combination or mixture of two things; the process of commingling. Confusion has been used synonymously with merger, meaning a union of two separate entities that eliminates clear boundaries. Confusion of rights, for example, is a combination of the rights of debtor and creditor in the same individual. Similarly, a confusion of titles exists when two titles to the same property combine in the s…
Workers' compensation laws require the payment of compensation from the employer to the employee in conformity with a schedule for a particular category of injury, provided that the employee is injured during the course of employment. The course of employment encompasses the actual period of employment and the period during which the employee, while on the employer's premises, prepar…
A blending together of property individually owned by two or more people so as to make it impossible to distinguish who owns what. A confusion of goods results when the property belonging to two or more persons becomes so intermixed that it can only be identified as a large mass of goods. This might apply to such substances as oil or grain. …
Evidence of the conduct of parties concerning the execution of obligations under a contract requiring more than one performance that is used for the purpose of interpreting the contract's provisions. Course of performance refers to the systematic and uniform conduct in which parties engage after they enter into a contract. The intent of the parties in regard to the meaning of the agreement …
Federal law allows the owners of mining operations, such as this copper mine in southeastern Arizona, to claim a tax deduction upon the depletion of the mine's natural deposits. AP/WIDE WORLD PHOTOS A tax deduction authorized by federal law for the exhaustion of oil and gas wells, mines, timber, mineral deposits or reserves, and other natural deposits. Frequently, the ownership of su…
A corporation operating in several different and unrelated enterprises, such as the movie industry, baking, and oil refining. A conglomerate merger is one that brings together two firms with totally different product lines, economic relationships, and functions. Such a merger may violate antitrust acts inasmuch as it may have an adverse effect on competition. …
An individual who, under oath or affirmation, gives out-of-court testimony in a deposition. A deponent is someone who gives evidence or acts as a witness. The testimony of a deponent is written and carries the deponent's signature. …
A showing of complete intoxication is not necessary for a charge of driving while intoxicated. State laws indicate levels of blood-alcohol content at which an individual is deemed to be under the influence of alcohol. Laws against drunk driving vary slightly from state to state. In the majority of states, a person's first DWI charge (also referred to as Driving Under the Influence, or DUI, …
A judicial tribunal established to administer justice. An entity in the government to which the administration of justice is delegated. In a broader sense, the term may also refer to a legislative assembly; a deliberative body, such as the General Court of Massachusetts, which is its legislature. The words court, judge, or judges, when used in laws, are often synonymous. A kangaroo court is a mock…
The transfer of an alien, by exclusion or expulsion, from the United States to a foreign country. The removal or sending back of an alien to the country from which he or she came because his or her presence is deemed inconsistent with the public welfare, and without any punishment being imposed or contemplated. The grounds for deportation are set forth at 8 U.S.C.A. § 1251, and the procedur…
An officer of the judicial system who performs administrative and clerical duties essential to the proper operation of the business of a court, such as tracking trial dates, keeping records, entering judgments, and issuing process. A go-between for judges, attorneys, and clients, the court administrator essentially runs the court's business. The behind-the-scenes work of this position range…
To make a deposition; to give evidence in the shape of a deposition; to make statements that are written down and sworn to; to give testimony that is reduced to writing by a duly qualified officer and sworn to by the deponent. To deprive an individual of a public employment or office against his or her will. The term is usually applied to the deprivation of all authority of a sovereign. In ancient…
Persons appointed by a judge to find facts, to hear testimony, or to perform a specific function connected with certain types of cases. An attorney, a judge, a retired judge, or any person with the background necessary to comprehend complex legal matters may be a court commissioner, although a court commissioner is not a judge. The court that the court commissioner serves ordinarily reviews his or…
The Dyer Act, also called the National Motor Vehicle Theft Act (18 U.S.C.A. § 2311 et seq.), was enacted in 1919 to impede the interstate trafficking of stolen vehicles by organized thieves. The punishment for conviction under the Dyer Act is an unspecified fine, imprisonment of no longer than ten years, or both. …
In old English practice, the peculiar style and form of writing in which court records were transcribed from the earliest period to the reign of George II, circa 1760. This form of Latin shorthand was characteristically concise, strong, and absolutely uniform even though it was handwritten. Due to the numerous and unusual abbreviations and contractions, proficiency in the art of court hand was an …
The testimony of a party or witness in a civil or criminal proceeding taken before trial, usually in an attorney's office. Deposition testimony is taken orally, with an attorney asking questions and the deponent (the individual being questioned) answering while a court reporter or tape recorder (or sometimes both) records the testimony. Deposition testimony Depositions, the pretrial tes…
A statement by a person who is conscious and knows that death is imminent concerning what he or she believes to be the cause or circumstances of death that can be introduced into evidence during a trial in certain cases. A dying declaration is usually introduced by the prosecution, but can be used on behalf of the accused. …
The place where a deposit is placed and kept, e.g., a bank, savings and loan institution, credit union, or trust company. A place where something is deposited or stored as for safekeeping or convenience, e.g., a safety deposit box. This term should not be confused with depositary, which is the person or institution taking responsibility for the deposit, rather than the place itself. U. S. deposito…
The payments of funds or property to an officer of the court as a precautionary measure during the pendency of litigation. The amount placed with the court constitutes the acknowledged liability of a person who is uncertain as to whom he or she is liable. The ascertainment of the court as to who is entitled to the property is binding. This term also encompasses payment into court pursuant to court…
Sources of money derived from the labor, professional service, or entrepreneurship of an individual taxpayer as opposed to funds generated by investments, dividends, and interest. …
Three levels of courts exist in the military justice system: military trial courts, courts of military review, and the U.S. Court of Military Appeals. Courts-martial are handled by the lowest courts, which are presided over by military trial judges who are quite similar to U.S. district court judges. These judges are commissioned officers selected by judge advocates according to rules established …
The gradual decline in the financial value of property used to produce income due to its increasing age and eventual obsolescence, which is measured by a formula that takes into account these factors in addition to the cost of the property and its estimated useful life. Depreciation arises from a strong public policy in favor of investment. Income-producing assets such as machines, trucks, tools, …
An intermediate federal judicial tribunal of review that is found in thirteen judicial districts, called circuits, in the United States. A state judicial tribunal that reviews a decision rendered by an inferior tribunal to determine whether it made errors that warrant the reversal of its judgment. In some states, the court of appeals is an intermediate appellate tribunal that reviews the decisions…
A person duly authorized by an officer to serve as his or her substitute by performing some or all of the officer's functions. A deputy sheriff is designated to act on behalf of the sheriff in regard to official business. A general deputy or undersheriff, pursuant to an appointment, has authority to execute all of the regular duties of the office of sheriff and serves process without any sp…
A state judicial tribunal established as the forum in which to bring certain types of lawsuits against the state or its political subdivisions, such as a county. The former designation given to a federal tribunal created in 1855 by Congress with original jurisdiction—initial authority—to decide an action brought against the United States that is based upon the Constitution, federal l…
A lawsuit brought by a shareholder of a corporation on its behalf to enforce or defend a legal right or claim, which the corporation has failed to do. …
The Congress of the United States is the highest lawmaking body in the United States and one of the oldest national legislatures in the world. Established under the terms of the U.S. Constitution in 1789, the House of Representatives and the Senate have for over 200 years created the federal laws governing the United States. Congress remains one of the few national assemblies that research and dra…
A judicial body that exercises jurisdiction over the acceptance of wills as valid documents and over the management and settlement of the estates of minors or of spendthrifts, of mentally incompetent persons, and of habitual drunkards. …
Eastman was born on June 25, 1881, in Glenora, New York, to Samuel Eastman and Annis Ford Eastman. Both her parents were ordained church ministers and ardent believers in women's rights, beliefs that Eastman absorbed. In a 1927 autobiographical essay written for Nation magazine, Eastman talked about her father's support of her mother's goal of becoming a minister and his suppo…
Dorman Bridgman Eaton was born June 27, 1823, in Hardwick, Vermont. He was a successful lawyer who achieved prominence for his work in the establishment of the U.S. Civil Service Commission. After receiving a doctor of laws degree from the University of Vermont in 1848, Eaton attended Harvard Law School in 1850 and was admitted to the New York bar, practicing law there until 1870. Eaton was a stau…
The Congressional Budget Office provides Congress with basic budget data and with analyses of alternative fiscal, budgetary, and programmatic policy issues. The agency employs more than 200 full-time employees. Seventy percent of these employees hold advanced degrees in economics or public policy. CBO also retains a panel of economic advisors, including a number of scholars from top universities i…
A statement that is prepared by a judge or court announcing the decision after a case is tried; includes a summary of the facts, a recitation of the applicable law and how it relates to the facts, the rationale supporting the decision, and a judgment; and is usually presented in writing, though occasionally an oral opinion is rendered. Court opinions are the pronouncements of judges on the legal c…
It is now widely accepted that a congressional-executive agreement is a complete alternative to a treaty: the president can seek approval of any agreement by joint resolution of both Houses of Congress instead of by a two-thirds vote of the Senate alone. Like a treaty, such an agreement is the law of the land, superseding inconsistent state laws as well as inconsistent provisions in earlier treati…
Hereditary succession. Succession to the ownership of an estate by inheritance, or by any act of law, as distinguished from purchase. Title by descent is the title by which one person, upon the death of another, acquires the real estate of the latter as an heir at law. The title by inheritance is in all cases called descent, although by statute law the title is sometimes made to ascend. The divisi…
A daily publication of the federal government that details the legislative proceedings of Congress. The Congressional Record began in 1873 and, in 1947, a feature called The Daily Digest was added to briefly highlight the daily legislative activities of each House, committee, and sub-committee. The text of the Congressional Record is not a verbatim transcript of the statements made on the floor of…
The Courtroom Television Network (Court TV) is a cable network devoted to explaining law to the layperson. Founded in 1991, this novel venture in television programming was a long shot: few thought a twenty-four-hour-a-day, seven-day-a-week diet of live trials and legal analysis would succeed. Within two years, though, the network ranked fourth in the Nielsen Company's daytime cable ratings…
Corinne Claiborne ("Lindy") Boggs was a Democratic representative from New Orleans, the first woman from Louisiana elected to the U.S. Congress. During her 17 years in Congress her political acumen and experience made her a popular and effective politician. Boggs was born March 13, 1916, on Brunswick Plantation, in Louisiana. Her father owned a successful sugar plantation. She receiv…
The CRS is made up of two reference divisions: the Congressional Reference Division and the Library Services Division. These provide reference, bibliographic, and other information services using advanced methods of computerized searching. The CRS is governed by a director, a deputy director, and a management team. The highest-level researchers are called senior specialists. They are often nationa…
Inferior judicial tribunals in England, created by special enactments of Parliament, that possessed local jurisdiction to determine actions involving claims for small debts. These courts were abolished in 1846 and replaced by county courts. …
Pertaining or relating to marriage; suitable or applicable to married people. Conjugal rights are those that are considered to be part and parcel of the state of matrimony, such as love, sex, companionship, and support. Loss of consortium is a loss of any or all conjugal rights. …
A term relating to the admissibility of evidence which means that a fact may be admitted into evidence provided that its relevance will subsequently become apparent when it is linked to other facts presented later. Proof that a witness was present at a certain time and place may be connected up with later evidence to show its significance to the case at bar. …
The defense of connivance cannot be asserted in an action based upon a state's no-fault divorce laws. …
An agreement, contract, or written promise between two individuals that frequently constitutes a pledge to do or refrain from doing something. The individual making the promise or agreement is known as the covenantor, and the individual to whom such promise is made is called the covenantee. Covenants are really a type of contractual arrangement that, if validly reached, is enforceable by a court. …
Blood relationship; the relation of people who descend from the same ancestor. Lineal consanguinity is the relation in a direct line—such as between parent, child, and grandparent. It may be determined either upward—as in the case of son, father, grandfather—or downward—as in son, grandson, great-grandson. Collateral consanguinity is a more remote relationship describin…
These concerns led Louisiana, in 1997, to enact the first covenant marriage law in the United States (L.S.A.-R.S. 9:272 et seq. [1997]). The law created two forms of marriage in the state: the traditional marriage contract, with minimal formalities of formation and dissolution, and a covenant marriage, which imposes heightened requirements for entering and leaving a marriage. Supporters of the cov…
A person who, because of principles of religious training and moral belief, is opposed to all war regardless of its cause. The objection must be founded on deeply held moral, ethical, and religious convictions about right or wrong. Although this limits discharges to those persons who object to war for essentially religious reasons, which are individually held beliefs, it does not restrict discharg…
To protect or shelter; to make good; to insure. To cover a check means to deposit sufficient funds in a bank account to pay the amount written on a check or checks. The right of a purchaser to buy goods other than those that were originally contracted for as a remedy in the event of a breach of contract by the seller. …
Compulsory enrollment and induction into the military service. Conscription first came into use as a legal term in France in 1798. It derives from the Latin conscriptionem, which refers to the gathering of troops by written orders, and conscribere, which means "to put a name on a list or roll, especially a list of soldiers." A person who becomes a member of the armed forces thro…
The risks that are included in the terms of an insurance contract for protection under the policy; the amount and type of insurance. An insurance policy provides coverage for particular losses, such as theft, fire, or accidents. The provisions of each individual policy determine the duration, extent, and nature of the coverage. …
A change in a legal document agreed to by the parties and binding upon them. Such consensual alteration is usually evidenced by the signing by each party of his or her initials and the date on which the agreement to the changes to the instrument is made. …
An archaic term that refers to the legal status of a married woman. During coverture means within the duration of the marriage. …
Parties who terminate litigation pursuant to a consent judgment agree to the terms of a decision that is entered into the court record subsequent to its approval by the court. In the context of rape, submission due to apprehension or terror is not real consent. There must be a choice between resistance and acquiescence. If a woman resists to the point where additional resistance would be futile or…
A settlement of a lawsuit or criminal case in which a person or company agrees to take specific actions without admitting fault or guilt for the situation that led to the lawsuit. Most civil lawsuits are settled before going to trial and most settlements are private agreements between the parties. Typically, the plaintiff will file a motion to dismiss the case once the settlement agreement has bee…
An abbreviation for certified public accountant. A CPA is a trained accountant who has been examined and licensed by the state. He or she is permitted to perform all the tasks of an ordinary accountant in addition to examining the books and records of various business organizations, such as corporations. …
Such damages include any loss from general or particular requirements and needs of the buyer that the seller at the time of contracting had reason to know and that could not reasonably be prevented by cover, the purchase of substitute goods or other alternatives. …
An association of laborers wherein all the members do the same type of work. In a craft union, the members all perform an occupation, or trade, that relies on the use of the hands. They practice a particular trade and perform their work in different industries for a variety of employers. Carpenters and tool and die makers are types of employees who may belong to a craft union. …
An officer of the government authorized by law to act in such a manner that will preserve and maintain the order and safety of the community and the general public. …
Something of value given by both parties to a contract that induces them to enter into the agreement to exchange mutual performances. Consideration is an essential element for the formation of a contract. It may consist of a promise to perform a desired act or a promise to refrain from doing an act that one is legally entitled to do. In a bilateral contract—an agreement by which both partie…
Believability. The major legal application of the term credibility relates to the testimony of a witness or party during a trial. Testimony must be both competent and credible if it is to be accepted by the trier of fact as proof of an issue being litigated. The credibility of a witness or party is based upon the ability of the jury to trust and believe what he or she says, and relates to the accu…
A consignment is an arrangement resulting from a contract in which one person, the consignor, either ships or entrusts goods to another, the consignee, for sale. If the goods are transported by a carrier to the consignee, the name of the consignor appears on the bill of lading as the person from whom the goods have been received for shipment. The consignee's name appears on it as the person…
A husband was considered to have suffered tangible damages for injury to his wife and, initially, had the sole right to bring an action for loss of consortium. The loss of services that had to be asserted included his wife's general usefulness, household services such as cooking and cleaning, industry, and frugality. Eventually, the assumption evolved that a man suffered these impairments u…
Quasi-business associations formed to provide services, arrange financing, or operate certain enterprises. The involvement of more than one state or institution can be advantageous in expanding the financial and administrative resources available to the entity and, in some cases, permitting services or products to be distributed on a larger and more efficient scale. Various banks, for example, may…
A sum in taxation that is subtracted from the computed tax, as opposed to a deduction that is ordinarily subtracted from gross income to determine adjusted gross income or taxable income. A claim for a particular sum of money. The ability of an individual or a company to borrow money or procure goods on time, as a result of a positive opinion by the particular lender concerning such borrower…
A privately owned, profit-making establishment that—as a regular business—collects and compiles data regarding the solvency, character, responsibility, and reputation of a particular individual or business in order to furnish such information to subscribers, in the form of a report allowing them to evaluate the financial stability of the subject of the report. Credit bureaus ordinari…
The Reconstruction era after the Civil War was a time of chaos, reorganization, and corruption that affected not only lesser state officials but also federal government agents. The Crédit Mobilier affair, which had its early beginnings in 1864 but was not publicly investigated until 1873, is an example of the corrupt practices that characterized the period. Cartoonist Joseph Keppler off…
A credit union can be distinguished from other financial institutions by the fact that membership is ordinarily restricted to individuals who meet certain residential or occupational criteria. In addition, it can make loans of a more diversified nature than certain institutions, such as building and loan associations. …
Ordinarily, a stepparent does not inherit from the estate of a deceased stepchild. Similarly, stepchildren do not inherit from their step-parent unless the terms of a statute grant them this right. Rights under intestacy laws are only taken away by a properly executed will disposing of the testator's entire property. These laws can, however, operate in case of partial intestacy where part o…
Motley was born in New Haven, Connecticut, on September 14, 1921, one of nine children. The America in which Motley grew up was segregated. As a child going to a beach in Milford, Constance Baker Motley. THE BETTMANN ARCHIVE Connecticut, Motley was turned away because of the color of her skin. When she returned home, she asked her parents, both West Indian immigrants, why the color of her s…
An attachment creditor is an individual who has obtained an order of attachment from a court to command a sheriff to seize the property of a debtor who has defaulted in the repayment of an outstanding obligation so that the property may be used to satisfy the creditor's claim. A general creditor or creditor at large is an individual who has neither a lien nor a security interest in the prop…
An alphabetically arranged aid used in legal research used to locate cases that have discussed a particular topic. Descriptive word indices are generally part of all case digests. …
Field followed his father's lead by also studying at Williams. He left the school in 1825 and began the study of law in the office of Hermanus Bleecker of Albany, New York. In 1828, he was admitted to the bar as an attorney, and in 1830, he was appointed a counselor. He went on to practice law with his former teachers from Williams, Henry Sedgwick and Robert Sedgwick. David Dudley …
An equitable proceeding initiated by a person who has obtained—and is entitled to enforce—a money judgment against a debtor to collect the payment of a debt that cannot be reached through normal legal procedures. …
In desertion cases, it is not necessary to prove the emotional state of the abandoning spouse, but only the intent to break off matrimonial ties with no animus revertendi, the intention to return. In some jurisdictions, the law is stringent regarding divorce grounds. In such instances, an Enoch Arden decree might be labeled a dissolution of the marriage rather than a divorce. Desertion is frequent…
An evaluation of a particular civil service position to determine whether its duties and responsibilities correspond to its job classification and salary grade. …
An agreement between two or more persons to engage jointly in an unlawful or criminal act, or an act that is innocent in itself but becomes unlawful when done by the combination of actors. Conspiracy is an inchoate, or preparatory, crime. It is similar to solicitation in that both crimes are committed by manifesting an intent to engage in a criminal act. It differs from solicitation in that conspi…
Although the number of federal crimes continued to grow throughout the twentieth century, the perception persisted that crime was rampant throughout the United States, particularly during the turbulent times of the 1960s. Faced with the high incidence of crime throughout the country, Congress enacted the Omnibus Crime Control and Safe Streets Act of 1968, Pub. L. No. 90-351, 82 Stat. 197 (codified…
In general, to ruin completely; may include a taking. To ruin the structure, organic existence, or condition of a thing; to demolish; to injure or mutilate beyond possibility of use; to nullify. As used in policies of insurance, in leases, and in maritime law, and under various statutes, this term is often applied to an act that renders the subject useless for its intended purpose, though it does …
In medieval law, a constable was a high functionary under the French and English kings. The importance and dignity of this position was second only to that of the monarch. The constable led the royal armies and was cognizant of all military matters, exercising both civil and military jurisdiction. It was also his duty to conserve the peace of the nation. State constitutions and laws in the United …
The state of being unused; legally, the doctrine by which a law or treaty is rendered obsolete because of disuse. The concept encompasses situations in which a court refuses to enforce an unused law even if the law has not been repealed. …
An abbreviation for exempli gratia [Latin, for the sake of an example]. The phrase e.g. is frequently used in law books in lieu of the phrase "for example." …
To comprise or put together. That which is duly constituted is properly made up and formally correct and valid. Constituted authorities are officers who are properly appointed under constitutional provision to govern the people. …
A request filed by a criminal justice agency with the institution in which a prisoner is incarcerated asking the institution either to hold the prisoner for the agency or to notify the agency when release of the prisoner is imminent. …
Earl Warren served as the fourteenth chief justice of the U.S. Supreme Court from 1953 to 1969. A former prosecutor, state attorney general, and governor of California, Warren previously had not served as a judge. In spite of his lack of judicial experience, Warren led a constitutional revolution that reshaped U.S. law and society and granted the lower federal courts wide latitude in enforcing ind…
The fundamental law, written or unwritten, that establishes the character of a government by defining the basic principles to which a society must conform; by describing the organization of the government and regulation, distribution, and limitations on the functions of different government departments; and by prescribing the extent and manner of the exercise of its sovereign powers. A legislative…
Individuals whose business it is to observe and provide information about alleged criminals or to discover matters of secrecy for the protection of the public. Private detectives are those who are hired by individuals for private protection or to obtain information. A private detective is licensed but is not ordinarily considered to be a public officer. In cases where private detectives perform th…
The approach and questioning of an individual by law enforcement officials is considered an act of detention. Police officers in Norfolk, Virginia, question a man following the September 2002 robbery of a U.S. bank branch. AP/WIDE WORLD PHOTOS The act of keeping back, restraining, or withholding, either accidentally or by design, a person or thing. Detention occurs whenever a police officer…
Dwight David Eisenhower achieved prominence in military and political careers and was the thirty-fourth president of the United States. From 1922 to 1924, Eisenhower was assigned to a post in the Panama Canal Zone. Five years later, he served as an administrator in the Assistant Secretary of War Office and acted in this capacity until 1933. In 1935, he was stationed in the Philippine Islands, and,…
Acts or omissions that are in violation of law. Each state in the United States, as well as the federal government, maintains a body of criminal laws. As populations have increased and personal interactions and business transactions have grown more complicated, criminal laws have likewise grown in number and complexity. Most jurisdictions codify criminal statutes in a separate section in their law…
Liable to come to an end upon the happening of a certain contingency. Susceptible of being determined, found out, definitely decided upon, or settled. …
Pertaining to, or involving, crimes or the administration of penal justice. An individual who has been found guilty of the commission of conduct that causes social harm and that is punishable by law; a person who has committed a crime. …
The procedure by which a person accused of committing a crime is charged, brought to trial, and judged. The main part of a criminal action is the trial in which the innocence or guilt of the accused is determined. If the defendant is not found guilty, he or she will be acquitted of the charges. If the defendant is found to be guilty, a suitable punishment, such as a fine, imprisonment, or even a d…
A sentence to confinement for a fixed or minimum period that is specified by statute. Determinate sentencing encompasses sentencing guidelines, mandatory minimum sentences, and enhanced sentences for certain crimes. Sentencing guidelines allow judges to consider the individual circumstances of the case when determining a sentence, whereas mandatory minimum and enhanced-sentence statutes leave litt…
A few states still permit a lawsuit for damages by the injured spouse against the wrongdoer. Many states have abolished this action. …
The final resolution or conclusion of a controversy. Determination has been used synonymously with adjudication, award, decree, and judgment. A ruling is a judicial determination concerning matters, such as the admissibility of evidence or a judicial or an administrative interpretation of a statute or regulation. …
The loss of a criminal defendant's rights to property which is confiscated by the government when the property was used in the commission of a crime. The seizure by law enforcement officers of an automobile used in the transportation of illegal narcotics is a criminal forfeiture. …
A theory that criminal laws are passed with well-defined punishments to discourage individual criminal defendants from becoming repeat offenders and to discourage others in society from engaging in similar criminal activity As a result, philosophers, criminologists, judges, lawyers, and others have debated whether and to what extent any criminal justice system actually serves as a deterrent. Deter…
A written document executed by representatives of the people of the United States as the absolute rule of action and decision for all branches and officers of the government, and with which all subsequent laws and ordinances must be in accordance unless it has been changed by a constitutional amendment by the authority that created it. For over 200 years, the Constitution of the United States has …
Phillips decided that the next step was to form a political party, according to his web site, with "the common goal of limiting the federal government to its Constitutional boundaries and restoring the foundations of civil government back to the fundamental principles our country was founded upon." The party that he formed in 1992 was named the U.S. Taxpayers Party, and befitting its…
Any loss or harm to a person or property; relinquishment of a legal right, benefit, or something of value. Detriment is most frequently applied to contract formation, since it is an essential element of consideration, which is a prerequisite of a legally enforceable contract. To incur detriment means to cement a promise by either refraining from doing something that one has a legal right to do or …
That which is consistent with or dependent upon the fundamental law that defines and establishes government in society and basic principles to which society is to conform. A law is constitutional when it does not violate any provision of the U.S. Constitution or any state constitution. …
Conspicuous dissimilarity with, or variation from, customarily acceptable behavior. Deviance implies a lack of compliance to societal norms, such as by engaging in activities that are frowned upon by society and frequently have legal sanctions as well, for example, the illegal use of drugs. …
The means by which an alteration to the U.S. Constitution, whether a modification, deletion, or addition, is accomplished. Article V of the U.S. Constitution establishes the means for amending that document according to a two-step procedure: proposal of amendments, followed by ratification. Amendments may be proposed in two ways: by a two-thirds vote of both houses of Congress or by a special conv…
A numerical classification system of books employed by libraries. The Dewey Decimal System, created by Melvil Dewey, is a reference system that classifies all subjects by number. The numbers in a particular grouping all refer to a designated general topic. For example, the numbers in the 340s concern topics of law. Each new number after the decimal point further subdivides the previous number and …
A body of rules and statutes that defines conduct prohibited by the government because it threatens and harms public safety and welfare and that establishes punishment to be imposed for the commission of such acts. Crimes are usually categorized as felonies or misdemeanors based on their nature and the maximum punishment that can be imposed. A felony involves serious misconduct that is punishable …
Opinions of a judge that do not embody the resolution or determination of the specific case before the court. Expressions in a court's opinion that go beyond the facts before the court and therefore are individual views of the author of the opinion and not binding in subsequent cases as legal precedent. The plural of dictum. …
The failure to use reasonable care to avoid consequences that threaten or harm the safety of the public and that are the foreseeable outcome of acting in a particular manner. …
[Latin, A remark.] A statement, comment, or opinion. An abbreviated version of obiter dictum, "a remark by the way," which is a collateral opinion stated by a judge in the decision of a case concerning legal matters that do not directly involve the facts or affect the outcome of the case, such as a legal principle that is introduced by way of illustration, argument, analogy, or sugge…
A collection or compilation that embodies the chief matter of numerous books, articles, court decisions, and so on, disposed under proper heads or titles, and usually by an alphabetical arrangement, for facility in reference. An index to reported cases, providing brief statements of court holdings or facts of cases, which is arranged by subject and subdivided by jurisdiction and courts. As a legal…
Tending to cause a delay in judicial proceedings. …
The written text of the state and federal constitutions. The body of judicial precedent that has gradually developed through a process in which courts interpret, apply, and explain the meaning of particular constitutional provisions and principles during a legal proceeding. Executive, legislative, and judicial actions that conform with the norms prescribed by a constitutional provision. A state or…
There may be a high degree of diligence, a common degree of diligence, and a slight degree of diligence, with their corresponding degrees of negligence. Common or ordinary diligence is that degree of diligence which persons generally exercise in respect to their own concerns; high or great diligence is, of course, extraordinary diligence, or that which very prudent persons take of their own concer…
The process by which the meaning of an ambiguous provision of a statute, written document, or oral agreement is determined. A judge usually makes a construction of an unclear term in a document at issue in a case that involves a dispute as to its legal significance. The judge examines the circumstances surrounding the provision, laws, other writings, verbal agreements dealing with the same subject…
This doctrine recognizes that although, at the time the offense was committed, an accused was not suffering from a mental disease or defect sufficient to exonerate him or her from all criminal responsibility, the accused's mental capacity may have been diminished by intoxication, trauma, or mental disease so that he or she did not possess the specific mental state or intent essential to the…
Stung by the Senate's rejection of Bork, Reagan and his aides were determined to find a nominee who would fulfill their requirement of judicial restraint but who had no "history" that would make their choice vulnerable to attack. They thought they had just the person they needed in Ginsburg and, although Ginsburg had less than a year's experience as a judge, Reagan…
Daniel Webster. LIBRARY OF CONGRESS With these accomplishments to his credit, Webster returned to the U.S. House of Representatives in 1822, where he represented Massachusetts for the next five years. In the House he chaired the Judiciary Committee and opposed the 1824 tariff, believing that it would injure the merchant class. Following his election to the U.S. Senate in 1826, however, Webs…
That which exists, not in fact, but as a result of the operation of law. That which takes on a character as a consequence of the way it is treated by a rule or policy of law, as opposed to its actual character. For example, constructive knowledge is notice of a fact that a person is presumed by law to have, regardless of whether he or she actually does, since such knowledge is obtainable by the ex…
Taking away; reduction; lessening; incompleteness. The term diminution is used in law to signify that a record submitted by an inferior court to a superior court for review is not complete or not fully certified. Diminution in market value is a rule of damages, within which the proper measure of damages for permanent injury to real property is the reduction of market value for any use to which the…
Constructive desertion takes place when a husband or wife intentionally forces the innocent spouse to leave the marital dwelling by acting in an offensive manner. The misconduct must be so extensive as to make marital relations insufferable. …
Government representatives who are sent by one country to live and work in another, to serve as intermediaries between the two countries. The concept of diplomatic agents residing in another country dates to the fifteenth century, but the role of diplomats has evolved with the passage of time. Originally, agents were asked to help to work out specific negotiations between countries. Nowadays, thei…
The disturbance, by a landlord, of a tenant's possession of premises that the landlord makes uninhabitable and unsuitable for the purposes for which they were leased, causing the tenant to surrender possession. Constructive eviction arises when a landlord does not actually evict but does something that renders the premises untenantable. This might occur, for example, where a tenant vacates …
Established in large part by the Vienna conventions, diplomatic immunity is granted to individuals depending on their rank and the amount of immunity they need to carry out their duties without legal harassment. Diplomatic immunity allows foreign representatives to work in host countries without fully understanding all the customs of that country. However, diplomats are still expected to respect a…
The framework of laws and rules that govern the administration of justice in cases involving an individual who has been accused of a crime, beginning with the initial investigation of the crime and concluding either with the unconditional release of the accused by virtue of acquittal (a judgment of not guilty) or by the imposition of a term of punishment pursuant to a conviction for the crime. …
As a verb, to point to; guide; order; command; instruct. To advise; suggest; request. As an adjective, immediate; proximate; by the shortest course; without circuity; operating by an immediate connection or relation, instead of operating through an intermediary; the opposite of indirect. In the usual or regular course or order, as distinguished from that which diverts, interrupts, or opposes. The …
Evidence that directly proves a fact, without an inference or presumption, and which in itself, if true, conclusively establishes that fact. …
David J. Brewer. LIBRARY OF CONGRESS Brewer was an unusually outgoing justice who lectured frequently and wrote several books, including The Pew to the Pulpit, The Twentieth Century from Another Viewpoint, American Citizenship, and The United States: A Christian Nation. He felt strongly that judges have a moral obligation to use their lofty position to lead rather than simply observe. �…
The primary questioning of a witness during a trial that is conducted by the side for which that person is acting as a witness. During the course of a direct examination, the attorney who is conducting the interrogation generally asks specific questions that provide the foundation of the case. After a witness is directly examined, the opposing side conducts a cross-examination, the purpose of whic…
A charge levied by the government upon property, which is determined by its financial worth. A direct tax is usually a property tax or ad valorem tax, as opposed to an indirect tax imposed upon some right or privilege, such as a franchise tax. …
A procedural device whereby the decision in a case is taken out of the hands of the jury by the judge. A sample judgment on directed verdict, for the defendant. …
One who supervises, regulates, or controls. A director is the head of an organization, either elected or appointed, who generally has certain powers and duties relating to management or administration. A corporation's board of directors is composed of a group of people who are elected by the shareholders to make important company policy decisions. Director has been used synonymously with ma…
The scientific study of the causation, correction, and prevention of crime. …
A provision in a statute, rule of procedure, or the like, that is a mere direction or instruction of no obligatory force and involves no invalidating consequence for its disregard, as opposed to an imperative or mandatory provision, which must be followed. The general rule is that the prescriptions of a statute relating to the performance of a public duty are so far directory that, though neglect …
The lack of competent physical and mental faculties; the absence of legal capability to perform an act. The term disability usually signifies an incapacity to exercise all the legal rights ordinarily possessed by an average person. Convicts, minors, and incompetents are regarded to be under a disability. The term is also used in a more restricted sense when it indicates a hindrance to marriage or …
A relationship by which a person who has obtained title to property has an equitable duty to transfer it to another, to whom it rightfully belongs, on the basis that the acquisition or retention of it is wrongful and would unjustly enrich the person if he or she were allowed to retain it. The right to a constructive trust is generally an alternative remedy. The aggrieved party can choose between a…
A tribunal convened by public officials who reside in a foreign country to protect the interests of their country for the settlement of civil cases based upon situations that happened in the foreign nation and which is held pursuant to authority granted by treaty. A consular court exercises criminal jurisdiction in some instances, but its determinations are reviewable by the courts of the home gov…
Founded in 1940, the Consular Law Society is an association of lawyers serving consulates and/or embassies and other attorneys specializing in related international affairs. Its activities include the presentation of awards and the publication of occasional papers. Membership is by invitation. The society meets annually. …
Public officials stationed in a foreign country who are responsible for developing and securing the economic interests of their government and safeguarding the welfare of their government's citizens who might be traveling or residing within their jurisdiction. …
An intellectual movement whose members argue that law is neither neutral nor value free but is in fact inseparable from politics. Several subcategories exist within the CLS movement: feminist legal criticism, which examines the role of gender in the law; critical race theory (CRT), which is concerned with the role of race in the law; postmodernism, a critique of the law influenced by developments …
An individual who purchases and uses products and services in contradistinction to manufacturers who produce the goods or services and wholesalers or retailers who distribute and sell them. A member of the general category of persons who are protected by state and federal laws regulating price policies, financing practices, quality of goods and services, credit reporting, debt collection, and othe…
Another frequently noted difference between discrimination based on disability and discrimination based on race, color, religion, gender, and national origin is the attitude behind the discrimination. For example, discrimination based on race tends to be rooted in hostility toward a different race. On the other hand, discrimination based on disability is often caused by discomfort and pity, or mis…
A contract of indemnity by which, for a specified premium, one party promises to compensate another for the financial loss incurred by the destruction of agricultural products from the forces of nature, such as rain, hail, frost, or insect infestation. …
Repudiate; revoke consent; refuse to support former acts or agreements. Disaffirm is commonly applied in situations where an individual has made an agreement and opts to cancel it, which he or she may do by right—such as a minor who disaffirms a contract. A disaffirmance is a denial or nullification of the existence of something, as opposed to a revocation, which is the breaking of an exist…
Commodities produced from the earth which are planted, raised, and gathered within the course of a single season. Fructus naturales are crops that are produced by the powers of nature alone, without any harvesting methods. They include fruit trees, berries growing on bushes, and hay growing spontaneously from perennial roots. They are considered real property when they are not severed from the lan…
To exclude; reject; deny the force or validity of. The term disallow is applied to such things as an insurance company's refusal to pay a claim. …
A separate and independent lawsuit brought by the defendant against a plaintiff for some reason arising from the same transaction or event that is the basis for the plaintiff's lawsuit. Under some circumstances, the court may order a consolidation of the actions. …
For example, a manufacturer of desks shipped thirty desks to a buyer by truck. When the buyer refused to pay because the desks arrived in a damaged condition, the manufacturer sued both the buyer and the trucking company. The buyer did not know whether the manufacturer or the trucking company was responsible for the damage, so the buyer served an answer containing a denial that he owed money to th…
Short-term loans made to enable people to purchase goods or services primarily for personal, family, or household purposes. Consumer credit transactions can be classified into several different classes. Installment credit involves credit that is repaid by the borrower in several periodic payments; loans repaid in one lump sum are classified as noninstallment credit. Installment credit has expanded…
The rules in many states permit or require a defendant to make claims for recovery from another party using a counterclaim or a cross-claim within the answer rather than using a different kind of pleading, but some jurisdictions permit a cross-complaint to be used instead of an answer for this purpose. …
Monies or services made available to individuals and communities that have experienced losses due to disasters such as floods, hurricanes, earthquakes, drought, tornadoes, and riots. The term disaster has been applied in U.S. law in a broad sense to mean both human-made and natural catastrophes. Human-made catastrophes include civil disturbances such as riots and demonstrations; warfare-related up…
A claim made against someone who has already made a demand of the person asserting that claim. These mutual claims are called cross-demands. A counterclaim is a kind of cross-demand. …
To revoke an attorney's license to practice law. …
The questioning of a witness or party during a trial, hearing, or deposition by the party opposing the one who asked the person to testify in order to evaluate the truth of that person's testimony, to develop the testimony further, or to accomplish any other objective. The interrogation of a witness or party by the party opposed to the one who called the witness or party, upon a subject rai…
To liberate or free; to terminate or extinguish. A discharge is the act or instrument by which a contract or agreement is ended. A mortgage is discharged if it has been carried out to the full extent originally contemplated or terminated prior to total execution. Discharge also means to release, as from legal confinement in prison or the military service, or from some legal obligation such as jury…
Cruel and inhuman treatment ordinarily encompasses mental and physical cruelty of any kind and is also known as cruel and abusive treatment and as cruel and barbarous treatment. …
Proceedings can be instituted to disbar an attorney who violates the disciplinary rules. …
The denial, refusal, or rejection of a right, power, or responsibility. …
Cessation; ending; giving up. The discontinuance of a lawsuit, also known as a dismissal or a non-suit, is the voluntary or involuntary termination of an action. …
Deceptive practices that result in financial or other losses for consumers in the course of seemingly legitimate business transactions. Following are some of the most common types of consumer fraud. Education is key to combating consumer fraud. The FTC, FBI, NCL, Consumers Union, and Direct Marketing Association all work to educate the public and to identify fraudulent businesses. The Better …
However, a defendant need not suffer actual physical injury or pain before a punishment will be declared cruel and unusual. In Trop v. Dulles, 356 U.S. 86, 78 S. Ct. 590, 2 L. Ed. 2d 630 (1958), the U.S. Supreme Court held that the use of denationalization (the deprivation of citizenship) as a punishment is barred by the Eighth Amendment. The Court reasoned that when someone is denationalized, &#x…
Hume was born August 25, 1711, in Chirn-side, near Edinburgh, Scotland. He entered Edinburgh University when he was twelve. He left the university after several years of study and attempted to study law. He did not like the subject, and instead read widely in philosophy. In 1729 he suffered a nervous breakdown. After a prolonged recovery, he moved to France in 1734, where he wrote his first work, …
The consumer price index (CPI) is an indicator of the rate of inflation in the economy because it measures changes in the cost of maintaining a particular standard of living. …
The deliberate and malicious infliction of mental or physical pain upon persons or animals. As applied to people, cruelty encompasses abusive, outrageous, and inhumane treatment that results in the wanton and unnecessary infliction of suffering upon the body or mind. Cruelty to animals involves the infliction of physical pain or death upon an animal, when unnecessary for disciplinary, instructiona…
The commission has primary responsibility for establishing mandatory product-safety standards in order to reduce the unreasonable risk of injury to consumers from consumer products. It also has the authority to ban hazardous consumer products. The Consumer Product Safety Act (15 U.S.C. 2051 et seq. [1972]) authorizes the commission to conduct extensive research on consumer product standards, to en…
C-SPAN was established by Brian P. Lamb as a nonprofit venture in 1977. On March 19, 1979, C-SPAN began live and unedited television broadcasts of proceedings in the U.S. House of Representatives. On June 2, 1986, C-SPAN II broadcast, for the first time, proceedings on the floor of the U.S. Senate. C-SPAN also broadcasts congressional hearings; call-in programs with elected officials, policy maker…
An abbreviation for cum testamento annexo, Latin for "with the will annexed." …
A category of procedural devices employed by a party to a civil or criminal action, prior to trial, to require the adverse party to disclose information that is essential for the preparation of the requesting party's case and that the other party alone knows or possesses. A party who makes a motion for a court to order discovery may be required to pay or make provision for payment of costs&…
The crisis grew out of political changes in Cuba. In the 1950s, Fidel Castro, a young lawyer, led a guerrilla movement against Cuban dictator Fulgencio Batista. Batista lost the confidence of the Cuban people and on January 1, 1959, fled the country. Castro became premier of the new government. U.S. Ambassador Adlai Stevenson (seated, far right) addresses members of the U.N. Security Council o…
Lata culpa means gross or wanton fault, or neglect. Levis culpa is common or ordinary negligence, or the absence of reasonable care. Levissima culpa is slight neglect or fault. …
Blameworthy; involving the commission of a fault or the breach of a duty imposed by law. Culpable ignorance is the lack of knowledge or understanding that results from the omission of ordinary care to acquire such knowledge or understanding. …
An individual who has been formally charged with a criminal offense but who has not yet been tried and convicted. …
[Latin, With the will annexed.] A phrase that describes an administrator named by a probate or surrogate court to settle and distribute an estate according to the terms of a will in which the testator, its maker, has failed to name an executor, or in which the one named refuses to act or is legally incapable of acting. The term is often applied to the administration conducted by such a person. …
Discretion is the power or right to make official decisions using reason and judgment to choose from among acceptable alternatives. …
The goal of consumer protection laws is to place consumers, who are average citizens engaging in business deals such as buying goods or borrowing money, on an even par with companies or citizens who regularly engage in business. Historically, consumer transactions—purchases of goods or services for personal, family, or household use—were presumed fair because it was assumed that buye…
An arrangement whereby property is set aside with directions that it be used for the benefit of another, the beneficiary, and which provides that the trustee (one appointed or required by law to administer the property) has the right to accumulate, rather than pay out to the beneficiary, the annual income generated by the property or a portion of the property itself. Depending on the terms of the …
Facts or information that proves what has previously been established by other information concerning the same issue. Cumulative evidence is synonymous with corroborative evidence. …
Local antidiscrimination laws have been used to deny funding to groups that bar members because of their sexual orientation. This was the case after the Supreme Court issued its ruling in Boys Scouts of America v. Dale, 530 U.S. 640, 120 S.Ct. 2446, 147 L.Ed.2d 554 (2000). The Court held that the Boy Scouts of America (BSA), as a private organization, had the constitutional right to bar homos…
Separate consecutive terms of imprisonment imposed upon a defendant who has been convicted of two or more distinct offenses; any term of imprisonment that becomes effective subsequent to the expiration of a prior one. A cumulative sentence is also known as a from and after sentence. …
The unauthorized use, possession, downloading, duplication, distribution, or sale of copyrighted computer software. Consumers break the law when they make unauthorized copies of software. Whether for profit, free distribution, or personal use, such duplication constitutes copyright infringement. Copyright owners can sue infringers for damages that may include profits made by the infringers, or sta…
A method of election of the board of directors used by corporations whereby a stockholder may cast as many votes for directors as he or she has shares of stock, multiplied by the number of directors to be elected. A plan used for the election of members to the lower house of the Illinois legislature by which voters, each of whom is given three votes, may cast all of the votes for one candidate or …
The removal of the rights and privileges inherent in an association with a group; the taking away of the rights of a free citizen, especially the right to vote. Sometimes called disenfranchisement. The relinquishment of a person's right to membership in a corporation is distinguishable from a motion, which is the act of removing an officer from an office without depriving him or her of memb…
To carry into completion; to fulfill; to accomplish. To consummate an agreement is to carry it out completely, as in a consummated sale. It is to bring to completion whatever was either intended or undertaken to be done. …
An act in which the female sexual organ is orally stimulated. …
To refuse to accept or pay a draft or to pay a promissory note when duly presented. An instrument is dishonored when a necessary or optional presentment is made and due acceptance or payment is refused, or cannot be obtained within the prescribed time, or in case of bank collections, the instrument is seasonably returned by the midnight deadline; or presentment is excused and the instrument is not…
The act of restoring health after injury or illness. Care, including medical and nursing services rendered to a sailor throughout a period of duty, pursuant to the principle that the owner of a vessel must furnish maintenance and cure to a sailor who becomes ill or is injured during service. The actual payment of all amounts that are past due in regard to a default in such payments. …
To cut off from an inheritance. To deprive someone, who would otherwise be an heir to property or another right, of his or her right to inherit. A parent who wishes to disinherit a child may specifically state so in a will. …
The apprehension of an individual that his or her life will be ended in the immediate future by a particular illness the person is suffering from or by an imminent known danger which the person faces. The phrase in contemplation of death applies to a gift of property made by its owner who expects to die shortly, the gift being motivated solely by the thought of his or her demise. Such transfers ar…
Free from bias, prejudice, or partiality. A disinterested witness is one who has no interest in the case at bar, or matter in issue, and is legally competent to give testimony. …
A curfew is a law, regulation, or ordinance that forbids particular people or particular classes of people from being outdoors in public places at certain specified times of the day. …
A discharge of an individual or corporation from employment. The disposition of a civil or criminal proceeding or a claim or charge made therein by a court order without a trial or prior to its completion which, in effect, is a denial of the relief sought by the commencement of the action. The legal effect of a dismissal varies depending upon its type. A dismissal, granted by a court that has exer…
[Latin, Court.] A judicial tribunal or court convened in the sovereign's palace to dispense justice. A court that exercised jurisdiction over civil matters, as distinguished from religious matters, which were determined by ecclesiastical courts, a system of courts in England that were held by authority of the sovereign and had jurisdiction over matters concerning the religion and ritual of …
A broad term describing conduct that disturbs the peace or endangers the morals, health, or safety of a community. The punishment for disorderly conduct is usually fixed by statute. Under most statutes the penalty consists of a fine, imprisonment, or both. Some statutes provide that an accused cannot be imprisoned for disorderly conduct unless he or she has been given an opportunity to pay a fine …
[Latin, The King's Court.] The Anglo-Saxon kings of England regularly summoned the bishops and great men of the kingdom to a council (Witenagemot), which advised the king and occasionally served as a court of justice. Building upon this foundation, the Norman kings after the Conquest in 1066 developed more effective ways of centralizing royal government. By the end of the eleventh century t…
An act of deliberate disobedience or disregard for the laws, regulations, or decorum of a public authority, such as a court or legislative body. Individuals may be cited for contempt when they disobey an order, fail to comply with a request, tamper with documents, withhold evidence, interrupt proceedings through their actions or words, or otherwise defy a public authority or hold it up to ridicule…
A detailed financial statement representing the debit and credit relationship between two parties that has not been finally settled or paid because of the continuous, ongoing dealings of the parties. …
To defend against an adverse claim made in a court by a plaintiff or a prosecutor; to challenge a position asserted in a judicial proceeding, as to contest the probate of a will. …
An estate to which a man is entitled by common-law right on the death of his wife, in all the lands that his wife owned at any time during their marriage, provided a child is born of the marriage who could inherit the land. Pursuant to common law, upon the birth of a child capable of inheriting the land, a husband acquires a life estate, or property interest, the duration of which is limited to th…
The liability of those concerned in offenses in connection with disorderly houses is not based upon their civil or contractual status. Some statutes specify who may be liable and in such cases, only those designated may be prosecuted. Partners, servants, and agents as well as the officers of a corporation have all been held liable for the operation of disorderly houses and the various offenses com…
The language that precedes and follows a series of words, such as a particular sentence or clause. The context of a legal document is often scrutinized to shed light upon the intent of an ambiguous or obscure sentence or clause so that it may be interpreted as its drafter intended. …
The area, usually enclosed, encompassing the grounds and buildings immediately surrounding a home that is used in the daily activities of domestic life. …
Disparagement of goods is a false or misleading statement by an entrepreneur about a competitor's goods. It is made with the intention of influencing people adversely so they will not buy the goods. …
The first national legislative assembly in the United States, existing from 1774 to 1789. The First Continental Congress met in Philadelphia between September 5 and October 26, 1774. Although it was officially called simply the Congress, contemporaries referred to it as the Continental Congress in order to distinguish it from the various state congresses. Fifty-six delegates from twelve colonies (…
A theory of liability that prohibits an employer from using a facially neutral employment practice that has an unjustified adverse impact on members of a protected class. A facially neutral employment practice is one that does not appear to be discriminatory on its face; rather it is one that is discriminatory in its application or effect. Proof of discriminatory motive is not required, because in…
Fortuitous; dependent upon the possible occurrence of a future event, the existence of which is not assured. The word contingent denotes that there is no present interest or right but only a conditional one which will become effective upon the happening of the designated condition. A contingent remainder is the right to possess property after the death of a person who holds a life estate in the la…
That portion of one's income that a person is free to spend or invest as he or she sees fit, after payment of taxes and other obligations. State laws also impose restrictions on the garnishment of debtor's wages. …
Payment to an attorney for legal services that depends, or is contingent, upon there being some recovery or award in the case. The payment is then a percentage of the amount recovered—such as 25 percent if the matter is settled, or 30 percent if it proceeds to trial. Contingent-fee agreements are valid only in civil cases and are frequently used in personal injury cases. Court rules and sta…
Information or evidence that unqualifiedly brings a conclusion to a legal controversy. Dispositive facts clearly settle an issue. The fact that the defendant in a personal injury case ran a red light and hit the plaintiff with his or her car settles the question of the defendant's …
The wrongful, nonconsensual ouster or removal of a person from his or her property by trick, compulsion, or misuse of the law, whereby the violator obtains actual occupation of the land. Dispossession encompasses intrusion, disseisin, or deforcement. …
The adjournment or postponement of an action pending in a court to a later date of the same or another session of the court, granted by a court in response to a motion made by a party to a lawsuit. The entry into the trial record of the adjournment of a case for the purpose of formally evidencing it. Courts, by virtue of their authority to hear and determine cases, have inherent discretionary powe…
A conflict or controversy; a conflict of claims or rights; an assertion of a right, claim, or demand on one side, met by contrary claims or allegations on the other. The subject of litigation; the matter for which a suit is brought and upon which issue is joined, and in relation to which jurors are called and witnesses examined. International Longshore and Warehouse Union members rally in Augu…
To deprive of eligibility or render unfit; to disable or incapacitate. To be disqualified is to be stripped of legal capacity. A wife would be disqualified as a juror in her husband's trial for murder due to the nature of their relationship. A person may be disqualified for employment at a certain job because of a physical disability. …
Continuing legal education is mandatory in 40 states; voluntary programs are offered in the remaining 10. Courses are approved by state boards that oversee continuing education. In states with mandatory continuing legal education, attorneys receive credits for attending lectures and seminars taught by respected attorneys, judges, and scholars. The courses cover a variety of topics involving virtua…
Questioning initiated by law enforcement officers after a person is taken into custody or otherwise deprived of his or her freedom in any significant way, thus requiring that the person be advised of his or her applicable constitutional rights. Since Miranda was decided, state and federal courts have struggled with a number of issues with regard to its application, including: when a suspect is dee…
An explicit disagreement by one or more judges with the decision of the majority on a case before them. A dissent is often accompanied by a written dissenting opinion, and the terms dissent and dissenting opinion are used interchangeably. Dissents have several functions. In some cases, they are a simple declaration of disagreement with the majority. In others, they instruct, prod, scold, or otherw…
Against; conflicting; opposite. A contra-balance is the amount in an account of a creditor that is the opposite of the usual balance of such an account. It is an account receivable (a debt owed to the creditor) but with a credit balance (an amount owed to the debtor greater than what is owed to the creditor). The creditor therefore owes the debtor money, the opposite of the normal debtor-creditor …
The care, possession, and control of a thing or person. The retention, inspection, guarding, maintenance, or security of a thing within the immediate care and control of the person to whom it is committed. The detention of a person by lawful authority or process. …
Act or process of dissolving; termination; winding up. In this sense it is frequently used in the phrase dissolution of a partnership. The dissolution of a partnership is the end of the relationship that exists among the partners as a result of any partner discontinuing his or her involvement in the partnership, as distinguished from the winding up of the outstanding obligations of the business. …
Any property that it is illegal to produce or possess. Smuggled goods that are imported into or exported from a country in violation of its laws. Contraband confiscated by law enforcement authorities upon the arrest of a person for the crimes of production or possession of such goods will not be returned, regardless of the outcome of the prosecution. Marijuana plants, such as these seized by a…
To terminate; abrogate; cancel; annul; disintegrate. To release or unloose the binding force of anything. The dissolution of something is the act of disorganizing or disuniting it, as in marriage, contracts, or corporations. …
In September 1994, Newt Gingrich and a group of Republican congressional candidates announced their plans for a platform called Contract with America. The ten-point plan helped the Republican Party win a majority in Congress. AP/WIDE WORLD PHOTOS The contract met with mixed results in 1995. The House Republican leadership did indeed put each item to a vote within the first one hundred days.…
To set apart as being separate or different; to point out an essential disparity. To distinguish one case from another case means to show the dissimilarities between the two. It means to prove a case that is cited as applicable to the case currently in dispute is really inapplicable because the two cases are different. …
Tariffs or taxes payable on merchandise imported or exported from one country to another. Customs laws seek to equalize the charges imposed by other countries, furnish income for the federal government, and preserve the financial stability of domestic industries. Congress has the exclusive authority to determine the imposition and enforcement of such duties and federal courts have exclusive jurisd…
To seize the property of an individual and retain it until an obligation is performed. The taking of the goods and chattels of a tenant by a landlord in order to satisfy an unpaid debt. …
Abbreviated form of cy pres comme possible, French for "as near as possible." The name of a rule employed in the construction of such instruments as trusts and wills, by which the intention of the person who executes the instrument is effectuated as nearly as possible when circumstances make it impossible or illegal to give literal effect to the document. Cy pres is applied in cases …
A warrant of distress is a writ that authorizes an officer to seize a person's goods. It is usually used in situations where a landlord has the right to obtain a lien on a tenant's goods for nonpayment of rent. If personal property is seized to enforce the payment of taxes and then publicly sold if the taxes are not subsequently paid, the sale is called a distress sale. Distressed go…
An heir; a person entitled to share in the distribution of an estate. This term is used to denote one of the persons who is entitled, under the statute of distributions, to the personal estate of one who is dead intestate. …
A wholesaler; an individual, corporation, or partnership buying goods in bulk quantities from a manufacturer at a price close to the cost of manufacturing them and reselling them at a higher price to other dealers, or to various retailers, but not directly to the general public. …
One of the territorial areas into which an entire state or country, county, municipality, or other political subdivision is divided, for judicial, political, electoral, or administrative purposes. The circuit or territory within which a person may be compelled to appear. Circuit of authority; province. A congressional district is a geographical sub-division of a state that elects a representative …
Banks was born April 12, 1937, in Leech Lake, Minnesota. His difficult early life began during one of many periods of upheaval in federal policy regarding Native Americans. Like many Anishinabe Ojibwa, or Chippewa, children, he was sent at the age of five to schools operated by the federal Bureau of Indian Affairs (BIA), and he spent part of his childhood being shuttled between boarding schools in…
The elected or appointed public officers of each state, county, or other political subdivision who institute criminal proceedings on behalf of the government. Federal attorneys who represent the United States in prosecuting federal offenses are U.S. attorneys. A district or prosecuting attorney is the legal representative of the state, county, or municipality, whose primary function resides in ins…
A designation of an inferior state court that exercises general jurisdiction that it has been granted by the constitution or statute which created it. A U.S. judicial tribunal with original jurisdiction to try cases or controversies that fall within its limited jurisdiction. A state district might, for example, determine civil actions between state residents based upon contract violations or torti…
Monetary compensation that is awarded by a court in a civil action to an individual who has been injured through the wrongful conduct of another party. Damages attempt to measure in financial terms the extent of harm a plaintiff has suffered because of a defendant's actions. Damages are distinguishable from costs, which are the expenses incurred as a result of bringing a lawsuit and which t…
The phrase ad damnum, "to the damage," is the name of a clause in a complaint that states the damages for which the individual seeks judicial relief. …
A system of law introduced into England as a result of its invasion and conquest by the Danes during the eighth and ninth centuries, which occurred primarily in some of the midland counties and on the eastern coast. …
"To exercise exclusive Legislation in all Cases whatsoever, over such District (not exceeding ten miles square) as may, by Cession of particular States, and the acceptance of Congress, become the Seat of the Government of the United States" (U.S. Const. Art. I, § 8). The U.S. Constitution, with this proclamation, left the legal formation of a national capital up to the U.S. Co…
Agreements between two entities, creating an enforceable obligation to do, or to refrain from doing, a particular thing. An assignment of a contract is the transfer to another person of the rights of performance under it. Contracts were not assignable at early common law, but today most contracts are assignable unless the nature of the contract or its provisions demonstrates that the parties inten…
Any article that is inherently hazardous or has the potential for harming people through its careless use. Examples of a dangerous instrumentality include explosives and electrically charged wires. Statutes and case law must be consulted to determine what items are regarded as dangerous instrumentalities. …
A term of French law meaning an act violative of a law, a treaty, or an agreement made between parties; a breach of law punishable by a fine of fifteen francs or less and by an imprisonment of three days or less. In the U.S. legal system, a breach or violation of the provisions of a contract, statute, or treaty. …
An offense constituting a malicious and willful intrusion upon the peace and quiet of a community or neighborhood. The crime is usually committed by an offensive or tumultuous act, such as the making of loud or unusual noises, or quarreling in public. …
Wilmot was born on January 20, 1814, in Bethany, Pennsylvania. He studied the law with an attorney and became a member of the Pennsylvania bar in 1834. He established a law practice in Towanda and was soon recognized as an able lawyer. However, politics drew Wilmot's interest. He became active in the Democratic Party and in 1845 he was elected to the U.S. House of Representatives. Wilmot st…
Several; any number more than two; different. Divers is a collective term used to group a number of unspecified people, objects, or acts. It is used frequently to describe property, as in divers parcels of land. …
David Gouverneur Burnet centered his career efforts in Texas. Burnet was born April 4, 1788, in Newark, New Jersey. Before entering politics, Burnet served under Francisco de Miranda in 1806 in an endeavor to liberate Venezuela from Spain. He also studied law and pursued careers in business and speculation. Burnet relocated to Texas and presided as a Texas district judge in 1834. In 1836 he partic…
Certain principles apply when contribution is sought in contractual situations. Where the parties are severally (individually) liable for a specific portion of a debt, one person who pays in excess of his or her proportionate share has no legal right to contribution from the others for the excess. Where the parties are jointly liable (as a unit) for the payment of a debt, a party who pays in exces…
A turning aside or altering of the natural course or route of a thing. The term is chiefly applied to the unauthorized change or alteration of a water course to the prejudice of a lower riparian, or to the unauthorized use of funds. A program for the disposition of a criminal charge without a criminal trial; sometimes called operation de nova, intervention, or deferred prosecution. The disposition…
An actual dispute between individuals who seek judicial resolution of their grievances that have arisen from a conflict of their alleged legal rights. A controversy describes only civil litigation, which is intended to protect and enforce private rights. In contrast, the term case applies to both a civil action and a criminal prosecution, designed to enforce and safeguard the rights of the general…
Then, in Daubert v. Merrell Dow Pharmaceuticals, Inc., the U.S. Supreme Court changed the standard for admissibility of expert testimony. Under Daubert, a trial judge has a duty to scrutinize evidence more rigorously to determine whether it meets the requirements of Federal Rule of Evidence 702. This rule states, "If scientific, technical, or other specialized knowledge will assist the trie…
Diversity of citizenship is one of the factors that will allow a federal district court to exercise its authority to hear a lawsuit. This authority is called diversity jurisdiction. It means that a case involving questions that must be answered according to state laws may be heard in federal court if the parties on the two sides of the case are from different states. No matter how many parties are…
To contest, deny, or take issue with.…
To deprive or take away. Divest is also spelled devest. …
Willful disobedience. The intentional failure of an individual to obey a summons to appear in court to defend against a charge or to obey an order rendered by the court. …
The distribution of current or accumulated earnings to the shareholders of a corporation pro rata based on the number of shares owned. Dividends are usually issued in cash. However, they may be issued in the form of stock or property. The dividend on preferred shares is generally a fixed amount; however, on common shares the dividend varies depending on such things as the earnings and available ca…
A constitutional convention is an assembly of representatives or delegates of the people of a state or nation, convened for the purpose of framing, altering, or amending its constitution. Article V of the U.S. Constitution provides that a constitutional convention may be convoked on application of the legislatures of two-thirds of the states. A judicial convention is an assembly of judges of the s…
The authority of a monarch to rule a realm by virtue of birth. The concept of the divine right of kings, as postulated by the patriarchal theory of government, was based upon the laws of God and nature. The king's power to rule was derived from his ancestors who, as monarchs, were appointed to serve by God. Regardless of mis-conduct, a king or his heir could not be forced to forfeit the rig…
Derived from or contingent upon the mutual agreement of the parties, as opposed to that created by or dependent upon a statute or other act of the law. A conventional home mortgage is one in which the interest rate is agreed upon by the parties to it: the borrower and the lender. …
Davis was born in Sassafras Neck, Maryland, on March 9, 1815. He attended Kenyon College at the age of thirteen. Following graduation he read the law in a Massachusetts law firm, before attending New Haven Law School for less than a year. In 1835 he moved to Illinois and was admitted to the bar, and opened a law firm in Pekin. In 1836 he purchased a law practice in Bloomington, Illinois, where he …
A court decree that terminates a marriage; also known as marital dissolution. A divorce decree establishes the new relations between the parties, including their duties and obligations relating to property that they own, support responsibilities of either or both of them, and provisions for any children. England struggled with the matter of divorce. From 1669 to 1850, only 229 divorces were grante…
By November 1990, a treaty had been completed. Meeting in Paris, Bush, Gorbachev, and other leaders signed the CFE that month. The U.S. Senate approved it on November 25, 1991, by a vote of 90–4. The treaty placed limits on five types of conventional armaments deployed between the Atlantic Ocean and the Ural Mountains: tanks, artillery, armored combat vehicles (such as armored personnel car…
Daniel Chipman was born October 22, 1765, in Salisbury, Connecticut. He graduated from Dartmouth College in 1788, pursued legal studies, and was admitted to the Vermont bar in 1790. In 1794 Chipman relocated to Middlebury, Vermont, where he established a successful legal practice and acted as counselor until 1819. In 1797 he became state attorney for Addison County, performing these duties until 1…
Any unauthorized act that deprives an owner of personal property without his or her consent. A thief, a trespasser, or a bailee may be guilty of conversion because the action may be maintained whether or not the property was lawfully acquired at the outset. For example, a dry cleaner who mistakenly delivers a suit to the wrong customer has converted it. Moving some-one's property without hi…
Dorothea Lynde Dix was a remarkably fore-sighted educator and social reformer who made major contributions to the welfare of persons with mental illness, prisoners, and injured Civil War soldiers. Dix was born on April 4, 1802, in Hampden, Maine. Her father, Joseph Dix, was an alcoholic and circuit-riding Methodist preacher who required young Dorothea to spend her time laboriously stitching and pa…
In 1941 Orlee Smith became gravely ill. When he knew he was going to die, he called his daughter to his side. He was aware of the anger and pain she carried because of her mother's death and her father's disappearance and because of the bigotry that was a part of their everyday life. He counseled her not to let hatred and hostility control her but rather to use her strong feelings as…
The transfer of ownership or interest in real property from one person to another by a document, such as a deed, lease, or mortgage. …
To adjudge an accused person guilty of a crime at the conclusion of a criminal prosecution, or after the entry of a plea of guilty or a plea of nolo contendere. An individual who has been found guilty of a crime and, as a result, is serving a sentence as punishment for the act; a prisoner. …
The opportunity afforded an individual to have a claim litigated in a judicial setting. A person is said to have his or her day in court when he or she is given notice to appear and has the opportunity to defend his or her rights, seek relief, or set forth his or her claims. When someone has had his or her day in court with reference to a particular matter, that individual will generally be preven…
The outcome of a criminal prosecution which concludes in a judgment that the defendant is guilty of the crime charged. The juncture of a criminal proceeding during which the question of guilt is ascertained. In a case where the perpetrator has been adjudged guilty and sentenced, a record of the summary proceedings brought pursuant to any penal statute before one or more justices of the peace or ot…
An extension of the time originally scheduled for the performance of an act, such as payment for a debt, granted merely as a gratuitous favor by the person to whom the performance is owed. In old English practice, days of grace allowed a person an extra three days beyond the date specified in a writ summoning him or her before a court in which to make an appearance without being subject to punishm…
[Latin, Of the goods not administered.] When an administrator is appointed to succeed another who has left the estate partially unsettled, the administrator is said to be granted "administration de bonis non, " that is, of the goods not already administered. …
[Latin, In fact.] In fact, in deed, actually. A de facto corporation is one that has been given legal status despite the fact that it has not complied with all the statutory formalities required for corporate existence. Only the state may challenge the validity of the existence of a de facto corporation. …
A cooling-off period is frequently used in labor disputes. There might, for example, be a period of one month following the filing of a grievance by a union or company against the other, during which neither the union nor the company is allowed to take retaliatory actions against each other. …
De jure is commonly paired with de facto, which means "in fact." In the course of ordinary events, the term de jure is superfluous. For example, in everyday discourse, when one speaks of a corporation or a government, the understood meaning is a de jure corporation or a de jure government. A de jure government is the legal, legitimate government of a state and is so recognized by oth…
An association or corporation established for the purpose of providing services on a nonprofit basis to its shareholders or members who own and control it. The nature and functions of cooperatives differ considerably—such as purchasing cooperatives, consumer cooperatives, and marketing cooperatives. In the context of agriculture, a farmers' cooperative refers to an organization of fa…
In a lawsuit, a court applies the de minimis doctrine to avoid the resolution of trivial matters that are not worthy of judicial scrutiny. Its application sometimes results in the dismissal of an action, particularly when the only redress sought is for a nominal sum, such as one dollar. Appellate courts also use the de minimis doctrine when appropriate. …
To curtail or diminish, as, for example, to dock a person's wages for lateness or poor work. The cage or enclosed space in a criminal court where prisoners stand when brought in for trial. …
[Latin, Anew.] A second time; afresh. A trial or a hearing that is ordered by an appellate court that has reviewed the record of a hearing in a lower court and sent the matter back to the original court for a new trial, as if it had not been previously heard nor decided. …
A written list of judicial proceedings set down for trial in a court. To enter the dates of judicial proceedings scheduled for trial in a book kept by a court. In practice, a docket is a roster that the clerk of the court prepares, listing the cases pending trial. An appearance docket contains a list of the appearances in actions and a brief abstract of the successive steps in each case. A judgmen…
Dead man's statutes are designed to protect the estate of a deceased person from fraudulent claims made by a person who had engaged in transactions with the decedent. These laws do not permit the claimant to testify as to what terms a decedent verbally accepted, since the decedent is unable to testify and give his or her version of the transaction. Such statutes are derived from common-law …
A legal rule, tenet, theory, or principle. A political policy. Examples of common legal doctrines include the clean hands doctrine, the doctrine of false demonstration, and the doctrine of merger. …
The doctrine of equality of states means one thing in legal effect, but it also must be reflected against the realities imposed by differences in political power. Political equality is in some sense a fiction, because in political terms few states are equals. More powerful states can establish arrangements that less powerful states assent to informally, even though under a strict legal regime, the…
An amount of force that is likely to cause either serious bodily injury or death to another person. In police jargon, deadly force is also referred to as shoot to kill. The Supreme Court has ruled that, depending on the circumstances, if an offender resists arrest, police officers may use as much force as is reasonably required to overcome the resistance. Whether the force is reasonable is determi…
A written or printed instrument that conveys information. The term document generally refers to a particular writing or instrument that has a bearing upon specific transactions. A deed, a marriage license, and a record of account are all considered to be documents. When a document is signed and the signature is authentic, the law accurately expresses the state of mind of the individual who signed …
Any written instrument, such as a bill of lading, a warehouse receipt, or an order for the delivery of goods, that in the usual course of business or financing is considered sufficient proof that the person who possesses it is entitled to receive, hold, and dispose of the instrument and the goods that it covers. A document of title is usually either issued or addressed by a bailee—an indivi…
A type of written proof that is offered at a trial to establish the existence or nonexistence of a fact that is in dispute. Letters, contracts, deeds, licenses, certificates, tickets, or other writings are documentary evidence. …
The laws of each state must be consulted to determine whether a foreign corporation is doing business within a state to make it amenable to process therein. The phrase doing business is sometimes used in the assessment of local taxes upon a nonresident corporation in jurisdictions other than the place of its incorporation in which it engages in business. …
The complete and absolute ownership of land. Also the real estate so owned. The inherent sovereign power claimed by the legislature of a state, of controlling private property for public uses, is termed the right of eminent domain. National domain is sometimes applied to the aggregate of the property owned directly by a nation. Public domain embraces all lands, the title to which is in the United …
Bell was born November 6, 1930, in Pittsburgh. The seeds of his views on racial injustice—and his response to racial bigotry and prejudice—were sown in the Great Depression. When he was five years old, he watched his mother, Ada Elizabeth Bell, demand that the family's landlord fix the rotted stairs behind their apartment. His mother finally told the landlord, who had ignored …
[Saxon, Judgment book.] The name given by the Saxons to the code of laws by which they lived. A dombec is not the same as the Domesday Book, although the two are often confused. …
Death is the end of life. Dying is the process of approaching death, including the choices and actions involved in that process. …
An ancient record of land ownership in England. Commissioned by William the Conqueror in the year 1085 and finished in 1086, the book is a superb example of thorough and speedy administration, unequaled by any other project undertaken during the Middle Ages. Minute and accurate surveys of all of England were done for the purpose of compiling information essential for levying taxes and enforcing th…
An order from the executive, the governor of a state, or the president directing the warden of a prison or a sheriff or other appropriate officer to carry into execution a sentence of death; an order commanding that a named person be put to death in a specified manner at a specific time. …
Pertaining to the house or home. A person employed by a household to perform various servient duties. Any household servant, such as a maid or butler. Relating to a place of birth, origin, or domicile. That which is domestic is related to household uses. A domestic animal is one that is sufficiently tame to live with a family, such as a dog or cat, or one that can be used to contribute to a family…
A bundle of intangible rights granted by statute to the author or originator of certain literary or artistic productions, whereby, for a limited period, the exclusive privilege is given to that person (or to any party to whom he or she transfers ownership) to make copies of the same for publication and sale. A copyright is a legal device that gives the creator of a literary, artistic, musical, or …
A sample debenture. [Latin, Are due.] A promissory note or bond offered by a corporation to a creditor in exchange for a loan, the repayment of which is backed only by the general creditworthiness of the corporation and not by a mortgage or a lien on any specific property. A subordinate debenture is one that will be repaid only after other corporate debts have been satisfied. A convert…
The area of law that deals with the rights of unmarried adults who choose to live together in the same manner as a married couple but who are not married. Domestic partnership law is evolving rapidly, in part because more individuals are choosing to identify themselves as domestic partners. Although any two adults living together in a loving relationship may be called partners, the term is most fr…
In order for a person to use another's copyrighted work, the person must generally obtain a license from the copyright owner. The terms of the agreement normally depend upon market conditions at the time of the agreement. However, the Copyright Act of 1976, codified in Title 17 of the United States Code, creates an exception under some circumstances whereby a prospective user may obtain a c…
A sum charged as due or owing. An entry made on the asset side of a ledger or account. The term is used in bookkeeping to denote the left side of the ledger, or the charging of a person or an account with all that is supplied to or paid out for that person or for the subject of the account. Also, the balance of an account where it is shown that something remains due to the party keeping the accoun…
Any abusive, violent, coercive, forceful, or threatening act or word inflicted by one member of a family or household on another can constitute domestic violence. Domestic violence, once considered one of the most underreported crimes, became more widely recognized during the 1980s and 1990s. Various individuals and groups have defined domestic violence to include everything from saying unkind or …
The settlement and distribution of a decedent's estate in the state of his or her permanent residence, the place to which the decedent intended to return even though he or she might actually have resided elsewhere. Domiciliary administration is deemed principal or primary administration and is distinguishable from ancillary administration, which is the management of a decedent's prop…
A sum of money that is owed or due to be paid because of an express agreement; a specified sum of money that one person is obligated to pay and that another has the legal right to collect or receive. A fixed and certain obligation to pay money or some other valuable thing or things, either in the present or in the future. In a still more general sense, that which is due from one person to ano…
Prevalent; paramount in force or effect; of primary importance or consideration. That which is dominant possesses rights that prevail over those of others. …
The essential or most direct source of an accident or injury, regardless of when it occurred. …
The Copyright Royalty Tribunal was established by an act of October 19, 1976 (90 Stat. 2594; 17 U.S.C. 801). The tribunal established and made determinations concerning terms and rates of royalty payments for the use by public broadcasting stations of published nondramatic compositions and pictorial, graphic, and sculptural works. Cost-of-living adjustments were made to non-commercial broadcasting…
Individuals or organizations who receive and apply monthly funds from a person owing money to several creditors and who make arrangements to pay these creditors less than what is actually owed. Debt poolers, also known as debt adjusters or consolidators, are helpful to consumers, particularly when they are nonprofit organizations that provide their services free or for a reasonable fee. In other c…
Perfect control in right of ownership. The word implies both title and possession and appears to require a complete retention of control over disposition. Title to an article of property, which arises from the power of disposition and the right of claiming it. Sovereignty; as in the dominion of the seas or over a territory. …
To accomplish its goals, the society has undertaken a wide-ranging program including symposia on copyright subjects; workshops for people in such fields as music, motion pictures, and publishing, stressing the practical aspects and mechanics of copyright administration; and publication of materials relating to copyright that otherwise would not be available. Its members are lawyers, laypersons, fi…
Relating to the gratuitous transfer of something as in the nature of a gift. A donative trust is the conveyance of property in trust set up as a gift from one person to another. Donative intent is the intent to give something as a gift. …
[Latin, Before; in the presence of.] The term coram is used in phrases that refer to the appearance of a person before another individual or a group. Coram non judice, "in the presence of a person not a judge," is a phrase that describes a proceeding brought before a court that lacks the jurisdiction to hear such a matter. Any judgment rendered by the court in such a case is void. …
Founded in 1934, the Decalogue Society of Lawyers is an association of attorneys of the Jewish faith who seek to advance and improve the law, the legal profession, and the administration of justice; to foster friendly relations among its members, and between its members and other members of the bar, the courts, and the public; to cooperate as lawyers and citizens in worthy movements for the public…
The recipient of a gift. An individual to whom a power of appointment is conveyed. …
[Latin, In our presence; before us.] The designation of a remedy for setting aside an erroneous judgment in a civil or criminal action that resulted from an error of fact in the proceeding. Modern statutes have expanded the grounds for relief based upon the principles derived from the ancient writ of coram nobis. It is no longer a common-law remedy, but statutes provide for the vacation of a convi…
An individual who has died. The term literally means "one who is dying," but it is commonly used in the law to denote one who has died, particularly someone who has recently passed away. …
The party conferring a power. One who makes a gift. One who creates a trust. …
[Latin, In the presence of the king himself.] After the Norman Conquest of England in 1066, court was held before the king himself—coram rege—whenever matters affecting the royal interest were in issue. When the king began to appoint a tribunal to hear cases for him, it was called the Curia Regis, or the King's Court. From the Curia Regis developed the royal common-law courts.…
In order for a statement to be deceit, it must be untrue, made with knowledge of its falsity, or made in reckless disregard of the truth. The misrepresentation must be such that it causes harm to another individual. …
An archaic term for a court's judgment. For example, some criminal sentences still end with the phrase " … which is pronounced for doom." …
One of the titles of the American Digest System that classifies by topic the summaries of court decisions that were reported chronologically in the various units of the National Reporter System. Each of the more than 400 subject classifications corresponds to a general legal concept—torts, for example—and all cases found under a specific topic discuss similar points of law. The diges…
Latent; inactive; silent. That which is dormant is not used, asserted, or enforced. A dormant partner is a member of a partnership who has a financial interest yet is silent, in that he or she takes no control over the business. The partner's identity is secret because the individual is unknown to the public. …
A conclusion reached after an evaluation of facts and law. When referring to judicial matters, a decision is not the same as an opinion, although the terms are sometimes used interchangeably. A decision is the pronouncement of the solution of the court or judgment in a case, while an opinion is a statement of the reasons for its determination made by the court. …
For surveying purposes, the designation given to a particular location formed by the intersection of two boundary lines of real property. The process by which a group of investors or dealers in a particular commodity exploit its market by purchasing it in large quantities and removing it from general sale for a time, thereby dramatically increasing its market price because its limited supply is gr…
A bookkeeping system that lists each transaction twice in the ledger. Double-entry bookkeeping is a method whereby every transaction is shown as both a debit and a credit. This is done through the use of horizontal rows and vertical columns of numbers. The reason for the use of this bookkeeping method is that if the total of horizontal rows and vertical columns is not the same, it is easier to fin…
A consequence or result that can be logically drawn from the existence of a set of facts by the exercise of common sense and reason. …
On December 8, 1941, President Franklin Delano Roosevelt signs the Congressional Declaration of War on Japan. NATIONAL ARCHIVES AND RECORDS ADMINISTRATION A declaration against interest is another type of statement received into evidence even though it is being repeated by someone who heard it out of court. It is any comment that admits something harmful to the rights of the person who made…
A term of an insurance policy by which the insurance company promises to pay the insured or the beneficiary twice the amount of coverage if loss occurs due to a particular cause or set of circumstances. Double indemnity clauses are found most often in life insurance policies. In the case of the accidental death of the insured, the insurance company will pay the beneficiary of the policy twice its …
Duplicate protection provided when two companies deal with the same individual and undertake to indemnify that person against the same losses. …
Since its creation in 1776, the Declaration of Independence has been considered the single most important expression of the ideals of U.S. democracy. As a statement of the fundamental principles of the United States, the Declaration is an enduring reminder of the country's commitment to popular government and equal rights for all. The Declaration of Independence is a product of the early da…
The main function of a coroner is to conduct inquests, but other powers and duties may include the duty of acting as sheriff, in the event of the sheriff's incapacity, as conservator of the peace, or as magistrate. The duties are considered to be either judicial, ministerial, or both. A coroner who is acting pursuant to his or her statutory authority is immune for error, mistake, or miscond…
An assertion by a property owner that he or she holds the property or estate for the benefit of another person, or for particular designated objectives. The term also signifies the deed or other instrument that contains the statement—which may be either written or oral, depending upon the applicable state law. …
Individuals may seek a declaratory judgment after a legal controversy has arisen but before any damages have occurred or any laws have been violated. A declaratory judgment differs from other judicial rulings in that it does not require that any action be taken. Instead, the judge, after analyzing the controversy, simply issues an opinion declaring the rights of each of the parties involved. A dec…
Physical punishment, as distinguished from pecuniary punishment or a fine; any kind of punishment inflicted on the body. Corporal punishment arises in two main contexts: as a method of discipline in schools and as a form of punishment for committing a crime. Addressing the remaining constitutional claim, the U.S. Court of Appeals for the Fourth Circuit held that excessive corporal punishment in pu…
Decree is sometimes used interchangeably with determination and order. …
Pertaining to or possessing the qualities of a corporation, a legal entity created—pursuant to state law—to serve the purposes set out in its certificate of incorporation. A corporate officer is an individual who is charged with the management of a corporation by virtue of a position as its president, vice president, treasurer, or secretary. …
The owner of the land does not retain any rights that are inconsistent with the complete exercise and enjoyment of the public uses to which the property has been committed. A dedication is express where the gift is formally declared, but it can also be implied by operation of law from the owner's actions and the facts and circumstances of the case. An express common-law dedication is one in…
That which may be taken away or subtracted. In taxation, an item that may be subtracted from gross income or adjusted gross income in determining taxable income (e.g., interest expenses, charitable contributions, certain taxes). The portion of an insured loss to be borne by the insured before he or she is entitled to recovery from the insurer. Automotive insurance policies frequently include a ded…
A second prosecution for the same offense after acquittal or conviction or multiple punishments for same offense. The evil sought to be avoided by prohibiting double jeopardy is double trial and double conviction, not necessarily double punishment. Five policy considerations underpin the double jeopardy doctrine: (1) preventing the government from employing its superior resources to wear down and …
That which is deducted; the part taken away; abatement; as in deductions from gross income in arriving at net income for tax purposes. …
Double taxation occurs when the same transaction or income source is subject to two or more taxing authorities. This can occur within a single country, when independent governmental units have the power to tax a single transaction or source of income, or may result when different sovereign states impose separate taxes, in which case it is called international double taxation. The source of the dou…
On October 16, 2001, Enron, the seventh largest corporation in the U.S., announced a $638 million loss in third-quarter earnings. On November 8, 2001, the company publicly admitted to having overstated earnings for four years by $586 million and to having created limited partnerships to hide $3 billion in debt. As investors lost confidence in the company, Enron stock, which had been worth as much …
To question or hold questionable. Uncertainty of mind; the absence of a settled opinion or conviction; the attitude of mind toward the acceptance of or belief in a proposition, theory, or statement, in which the judgment is not at rest but inclines alternately to either side. …
The distinct status of a business organization that has complied with law for its recognition as a legal entity and that has an independent legal existence from that of its officers, directors, and shareholders. …
A written instrument, which has been signed and delivered, by which one individual, the grantor, conveys title to real property to another individual, the grantee; a conveyance of land, tenements, or hereditaments, from one individual to another. In order for a deed to be properly executed, certain acts must be performed to create a valid conveyance. Ordinarily, an essential element of execution i…
The provision that the law makes for a widow out of the lands or tenements of her husband, for her support and the nurture of her children. A species of life estate that a woman is, by law, entitled to Dower is the provision the law makes for a widow in the distribution of her husband's estate. AP/WIDE WORLD PHOTOS claim on the death of her husband, in the lands and tenements of whic…
A document that embodies the agreement between a lender and a borrower to transfer an interest in the borrower's land to a neutral third party, a trustee, to secure the payment of a debt by the borrower. A deed of trust, also called a trust deed or a Potomac Mortgage, is used in some states in place of a mortgage, a transfer of interest in land by a mortgagor-borrower to a mortgagee-lender …
A percentage of the total purchase price of an item that is proffered when the item is bought on credit. In an installment sales agreement, a buyer is required to pay part of the total price, usually in cash, and later pays the balance through a number of regularly scheduled payments. …
To hold; consider; adjudge; believe; condemn; determine; treat as if; construe. To deem is to consider something as having certain characteristics. If an act is deemed a crime by law, then it is held to be a crime. If someone is deemed liable for damages, then he or she will have to pay them. …
A code of laws prepared by Draco, the celebrated lawgiver of Athens, that, by modern standards, are considered exceedingly severe. The term draconian has come to be used to refer to any unusually harsh law. …
Defalcation implies that funds have in some way been mishandled, particularly where an officer or agent has breached his or her fiduciary duty. It is commonly applied to public officers who fail to account for money received by them in their official capacity, or to officers of corporations who misappropriate company funds for their own private use. Colloquially, the term is used to mean any type …
A written order by the first party, called the drawer, instructing a second party, called the drawee (such as a bank), to pay money to a third A sample sight draft. party, called the payee. An order to pay a sum certain in money, signed by a drawer, payable on demand or at a definite time, to order or bearer. A tentative, provisional, or preparatory writing out of any document (as a will, c…
Any intentional false communication, either written or spoken, that harms a person's reputation; decreases the respect, regard, or confidence in which a person is held; or induces disparaging, hostile, or disagreeable opinions or feelings against a person. Where the plaintiff in a defamation action is a private citizen who is not in the public eye, the law extends a lesser degree of constit…
An omission; a failure to do that which is anticipated, expected, or required in a given situation. To default on a debt is to fail to pay it upon its due date. Default in contract law implies failure to perform a contractual obligation. A default judgment is one that may be entered against a party in a lawsuit for failure to comply with a procedural step in the suit, such as failure to file an an…
A trench or ditch to convey water from wet land; a channel through which water may flow off. The word has no technical legal meaning. Any hollow space in the ground, natural or artificial, where water is collected and passes off, is a ditch or drain. A number of states have drainage statutes in order to protect the welfare of the public. Such statutes provide for the construction of drains in area…
Souter was born on September 17, 1939, in Melrose, Massachusetts, six miles north of Boston. The only son of Joseph Souter, a bank manager, and Helen Souter, a gift store clerk, the future associate justice was remembered by his childhood friends as an intense, intelligent, and family-oriented person who was endowed with a sharp wit, but no athletic ability. At age eleven Souter and his parents mo…
Artificial entities that are created by state statute, and that are treated much like individuals under the law, having legally enforceable rights, the ability to acquire debt and to pay out profits, the ability to hold and transfer property, the ability to enter into contracts, the requirement to pay taxes, and the ability to sue and be sued. The rights and responsibilities of a corporation are i…
A sample default judgment. …
Possessing a physical nature; having an objective, tangible existence; being capable of perception by touch and sight. Corporeal is the opposite of incorporeal, that which exists but is incapable of physical manifestation, as in the right to bring a lawsuit. …
A provision of a mortgage—an interest in land given to a mortgagee-lender to secure the payment of a debt—which promises that the mortgagor-borrower will regain title to the mortgaged property when all the terms of the mortgage have been met. the mortgagor would at that time regain title to the property. If the mortgagor failed to pay the debt, even by only one day, the mortgagee�…
Statutes, also called civil liability acts, that impose civil liability upon one who sells intoxicating liquors when a third party has been injured as a result of the purchaser's intoxication and such sale has either caused or contributed to the state of intoxication. The dramshop laws are based on the principle that anyone who profits from the sale of alcoholic beverages should be held lia…
The most common legal application of the term is with respect to estates as interest in land, such as in the case of a conveyance or a life estate, which is defeasible upon the happening of a certain specified event, for example, the death of the person holding such an interest. …
To aim a firearm, or deadly weapon, at a particular target. To lawfully remove money from an account held in a bank, treasury, or other depository. …
Imperfection, flaw, or deficiency. A fatal defect is one that, due to its serious nature, serves to nullify a contract. A sample form letter providing notice to manufacturer for a product defect. …
A person or bank that is ordered by its depositor, a drawer, to withdraw money from an account to pay a designated sum to a person according to the terms of a check or a draft. …
The person defending or denying; the party against whom relief or recovery is sought in an action or suit, or the accused in a criminal case. In every legal action, whether civil or criminal, there are two sides. The person suing is the plaintiff and the person against whom the suit is brought is the defendant. In some instances, there may be more than one plaintiff or defendant. …
Statutes—enacted by a parliament convened at Clarendon, England, in 1164 during the reign of King Henry II—that restricted the authority of the pope and his clergy by subjecting them to the secular jurisdiction of the king's court. …
The forcible repulsion of an unlawful and violent attack, such as the defense of one's person, property, or country in time of war. A frivolous defense is one that entails a vacuous assertion, which is not supported by argument or evidence. The rules of federal procedure provide that on motion such defense may be ordered stricken from the pleadings. A meritorious defense is one that involve…
Chief Justice Taney's opinion fueled the nineteenth-century abolitionist movement and helped push the United States toward civil war. Although Taney was an accomplished jurist who served as chief justice for 29 years, his record was permanently tarnished by what many considered to be his flawed reasoning in the Dred Scott case. Dred Scott sued for his freedom in 1857, claiming that his …
[French, Justice, right, law.] A term denoting the abstract concept of law or a right. Droit is as variable a phrase as the English right or the Latin jus. It signifies the entire body of law or a right in terms of a duty or obligation. …
The physical remains of an expired human being prior to complete decomposition. …
Drug courts concentrate the efforts of judges, prosecutors, defense counsel, substance-abuse treatment specialists, probation officers, law enforcement and correctional personnel, educational and vocational experts, community leaders, and others on individuals who are charged with illicit drug abuse. The criminal justice system works cooperatively with treatment systems and others to provide an of…
[Latin, Body, aggregate, or mass.]…
Training DEA agents and other law enforcement personnel on the intricacies of the drug trade has led the DEA to create rigorous educational courses. It provides training to DEA agents and support personnel, as well as to state and local police, international law enforcement officials, and other law enforcement employees on a wide range of critical subject matter. In 1999, this effort took a signif…
[Latin, The body of the crime.] The foundation or material substance of a crime. The corpus delicti is also used to describe the evidence that proves that a crime has been committed. …
The Department of Defense (DOD) is the executive department in the federal government that is responsible for providing the military forces needed to deter war and to protect the security of the United States. The major elements of the military forces under its control are the Army, Navy, Air Force, and Marine Corps, consisting of about 1.5 million men and women on active duty. They are backed, in…
[Latin, A body of law.] A phrase used to designate a volume encompassing several collections of law, such as the Corpus Juris Civilis. The name of an American legal encyclopedia, the most recent edition of which is known as Corpus Juris Secundum (C.J.S.®). …
In 1994, the Hawaii legislature changed the marriage law to explicitly state that the contract of marriage applied only to marriages between a man and a woman. Despite this change and the reluctance of the state supreme court to address the issue again, supporters of traditional marriage around the United States voiced concern that same-sex marriage could be legitimized. If this happened in Hawaii…
The institute publishes For the Defense (monthly), Brief Bank Index (annually), and a membership directory. It also maintains a data base of expert witnesses for defense litigation purposes. …
Having a reciprocal relationship in that the existence of one relationship normally implies the existence of the other. Mother and child, and duty and claim, are correlative terms. In the law governing gas and oil transactions, a correlative right is the opportunity of each owner of land making up part of a common source of supply of oil and gas to produce an equitable share of such products. …
An individual who, as a regular course of business, mixes, compounds, dispenses, and sells medicines and similar health aids. The term druggist may be used interchangeably with pharmacist. Ordinarily, druggists must be registered under the Food, Drug, and Cosmetic Act (21 U.S.C.A. § 301 et seq. [1938]). Federal drug abuse laws make provisions for the special registration of any individual w…
A correspondence audit is distinguishable from a field audit and an office audit in the manner in which it is conducted. …
An assessment of personal liability against a mortgagor, a person who pledges title to property to secure a debt, for the unpaid balance of the mortgage debt when the proceeds of a foreclosure sale are insufficient to satisfy the debt. Legislation enacted during the Depression still restricts the availability of deficiency judgments in several states. In some jurisdictions, deficiency judgments ar…
Securities firms may have correspondents in foreign countries or on exchanges—organizations that provide facilities for convening purchasers and sellers of securities—of which the firms are not members. …
A deficiency, misappropriation, or defalcation; a minus balance; something wanting. Deficit is commonly used to mean any kind of shortage, as in an account, a number, or a balance due. Deficit spending or financing involves taking in less money than the amount that is paid out. …
To support or enhance the believability of a fact or assertion by the presentation of additional information that confirms the truthfulness of the item. The testimony of a witness is corroborated if subsequent evidence, such as a coroner's report or the testimony of other witnesses, substantiates it. …
Conclusive; ending all controversy and discussion in a lawsuit. That which is definitive is capable of finally and completely settling a legal question or action. A definitive judgment is final and not provisional; a definitive sentence mandates imprisonment for a certain specified period of time. …
Attainder and the consequent corruption of the blood were abolished by English statutes and are virtually unknown in the United States. …
Although the term includes disseisin, abatement, discontinuance, and intrusion, deforcement especially applies to situations in which a person is entitled to a life estate or absolute ownership of land but has never taken possession. …
Intent to defraud means an intention to deceive another person, and to induce such other person, in reliance upon such deception, to assume, create, transfer, alter, or terminate a right, obligation, or power with reference to property. …
The cosigner may be held equally responsible for the payment of the debt or may be required to pay only upon the failure of the original obligor to do so, depending upon state law and the terms of the agreement that also determine the rights of the cosigner. Cosigner is synonymous with the term comaker. …
Drugs are articles that are intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in humans or animals, and any articles other than food, water, or oxygen that are intended to affect the mental or body function of humans or animals. Narcotics are any drugs that dull the senses and commonly become addictive after prolonged use. In the scientific community, drugs a…
[Italian, Of belief or trust.] An arrangement in which an agent or factor—an individual who takes possession and agrees to sell goods for another—consents for an additional fee to guarantee that the purchaser, to whom credit has been extended, is financially solvent and will perform the contract. As the result of a del credere agency, the del credere agent becomes a surety of the pur…
One who habitually engages in the overindulgence of alcohol. In order for an individual to be labeled a drunkard, drunkenness must be habitual or must recur on a constant basis. A person who regularly drinks heavily but is sometimes not under the influence of alcohol would be considered a drunkard, whereas a person who occasionally gets drunk would not. The test is the question of whether or not e…
[Latin, Choice of the person.] By this term is understood the right of partners to exercise their choice and preference as to the admission of any new members to the partnership, and as to the persons to be so admitted, if any. The doctrine is equally applicable to close and family corporations and is exemplified in the use of restrictions for the transfer of shares of stock. …
The state of an individual whose mind is affected by the consumption of alcohol. Drunkenness is a consequence of drinking intoxicating liquors to such an extent as to alter the normal condition of an individual and significantly reduce his capacity for rational action and conduct. It can be asserted as a defense in civil and criminal actions in which the state of mind of the defendant is an essent…
Fees and charges required by law to be paid to the courts or their officers, the amount of which is specified by court rule or statute. A monetary allowance, granted by the court to a prevailing party and recoverable from the unsuccessful party, for expenses incurred in instituting or defending an action or a separate proceeding within an action. A bill of costs is a certified, itemized statement …
A person who is appointed, authorized, delegated, or commissioned to act in the place of another. Transfer of authority from one to another. A person to whom affairs are committed by another. A person elected or appointed to be a member of a representative assembly. Usually spoken of one sent to a special or occasional assembly or convention. Person selected by a constituency and authorized to act…
A legislative body of local government. A group of persons who, whether elected or appointed, serve as representatives of the public to establish state or municipal policies and to assist the chief executive of the government unit in the performance of duties. …
A sending away; a putting into commission; the assignment of a debt to another; the entrusting of another with a general power to act for the good of those who depute him or her; a body of delegates. The transfer of authority by one person to another. The body of delegates from a state to a national nominating convention or from a county to a state or other party convention. The whole body of dele…
An attorney or lawyer. The rendition of advice and guidance concerning a legal matter, contemplated form of argument, claim, or action. The terms counsel and advise are frequently employed as synonyms for the term aid and abet to describe a person who, while not actually performing a criminal act, induced its performance or contributed to it. The term junior counsel refers to the younger member of…
Willful; purposeful; determined after thoughtful evaluation of all relevant factors; dispassionate. To act with a particular intent, which is derived from a careful consideration of factors that influence the choice to be made. When used to describe a crime, deliberate denotes that the perpetrator has weighed the motives for the conduct against its consequences and the criminal character of the co…
An equal claim, simultaneously possessed by two nations, to the allegiance of an individual. This term is frequently perceived as synonymous with dual citizenship, but the latter term encompasses the concept of state and federal citizenship enjoyed by persons who are born or naturalized in the United States. A person who possesses dual citizenship generally has the right to "elect," …
The term counsellor is commonly used interchangeably with attorney, except in a few states where the terms refer to lawyers of different ranks. In such states, an attorney may become a counsellor only after practicing law for a certain designated period of time and passing an additional examination. Formerly, the Supreme Court of the United States made a distinction between a counsellor and an att…
[Latin, A fault.] An injury, an offense, or a tort—a wrong done to the property or person of another that does not involve breach of contract. Culpability; blameworthiness of a criminal nature, as in the Latin phrase in pari delicto—in equal fault or equally criminal—used to describe accomplices to a crime. …
A person served with a subpoena duces tecum might be required to present documents, such as business records or other pieces of physical evidence, for the inspection of the court. …
The conference maintained a lower profile since the mid-1990s and reaffirmed its commitment to improving the administration of justice. In 2002, it passed a resolution endorsing a report on public access to court information that seeks to bring uniform practices to the judiciary. In addition, the conference endorsed a resolution that seeks to make the system more accessible to self-represented lit…
The term count has been replaced by the word complaint in the Federal Rules of Civil Procedure and many state codes of civil procedure. Sometimes count is used to denote the numbered paragraphs of a complaint, each of which sets out an essential element of the claim. Federal and state rules of criminal procedure govern the standards that a criminal count must satisfy in federal and state criminal …
Two elements of a valid gift are delivery and donative intent. Delivery is not restricted to the actual physical transfer of an item—in some cases delivery may be symbolic. Such is the case where one person gives land to another person. Land cannot be physically delivered, but delivery of the deed constitutes the transfer if coupled with the requisite intent to pass the land on to another. …
Just; proper; regular; lawful; sufficient; reasonable, as in the phrases due care, due process of law, due notice. Owing; payable; justly owed. That which one contracts to pay or perform to another; that which law or justice requires to be paid or done. Owed, or owing, as distinguished from payable. A debt is often said to be due from a person where he or she is the party owing it, or primarily bo…
Founded in 1955, the Conference of State Court Administrators is an association of the administrators of state courts and the courts of the District of Columbia, Puerto Rico, and Guam. According to the conference, its purpose is "to deal with problems of state court systems." Toward that end, the conference tries to …
A claim by a defendant opposing the claim of the plaintiff and seeking some relief from the plaintiff for the defendant. …
Peremptory allegation or assertion of a legal right. A demand is an emphatic claim, which presumes that no doubt exists regarding its legal force and effect. It is a request made with authority. A legal demand is one that is made by a lawfully authorized individual and is proper as to form, time, and place. …
The particular day on or before which something must be done to comply with law or contractual obligation. …
A comprehensive term for the vulnerability of a foreign government to retaliatory suits against it arising out of a lawsuit that it commences against a party. A foreign nation that is a plaintiff in an action brought before a court of another nation is not barred in appropriate cases from invoking the act of state doctrine to preclude a counterclaim against it. This doctrine provides that, as a ge…
The outward physical behavior and appearance of a person. Demeanor is not merely what someone says but the manner in which it is said. Factors that contribute to an individual's demeanor include tone of voice, facial expressions, gestures, and carriage. …
Information that must be given or made available to a particular person or to the public within a legally mandated period of time so that its recipient will have the opportunity to respond to a situation or to allegations that affect the individual's or public's legal rights or duties. …
To falsify, deceive, or defraud. A copy or imitation of something that is intended to be taken as authentic and genuine in order to deceive another. A counterfeit coin is one that may pass for a genuine coin and may include a lower denomination coin altered so that it may pass as a higher denomination coin. …
Death. A conveyance of property, usually of an interest in land. Originally meant a posthumous grant but has come to be applied commonly to a conveyance that is made for a definitive term, such as an estate for a term of years. A lease is a common example, and demise is sometimes used synonymously with "lease" or "let." …
The Democratic Party of the late 1990s supports liberal government policies in social and economic matters. The early party disapproved of federal involvement. Jefferson, Madison, and James Monroe—Virginians who were each elected president of the United States—favored limited powers for the national government. Jackson had benefited from growth in the nation's population and f…
A statement by which an individual acknowledges his or her guilt in the commission of a crime. Confessions were always allowed as evidence in early English common-law trials, even when torture was used to elicit them. Not until the mid–eighteenth century did judges in England start to admit only confessions that they deemed trustworthy. To determine the trustworthiness of a confession, judg…
Virtually all the leading political figures of the new country, starting with Washington, believed that political parties would polarize citizens and paralyze government. Hamilton and Jefferson agreed with this notion, but by 1793 the two groups that they represented had broken off into separate factions. Hamilton's group became the Federalists, while Jefferson's faction adopted the …
A form of plea that served as the formal answer to a plaintiff's complaint or declaration. …
The process of fraudulently manufacturing, altering, or distributing a product that is of lesser value than the genuine product. Counterfeiting is a criminal offense when it involves an intent to defraud in passing off the counterfeit item. The law contains exemptions for collector's items and items that are so obviously dissimilar from the original that a reasonable person would not consid…
The result of a confession of judgment was that judgment was entered for the plaintiff on the confession alone without further proceedings being required. A confession of judgment could also be accomplished if the plaintiff offered a cognovit actionem, a written confession made out earlier by the defendant. A creditor could demand that a borrower sign a cognovit note when the debtor first became i…
In contract law, a proposal made in response to an original offer modifying its terms, but which has the legal effect of rejecting it. A counteroffer normally terminates the original offer, but the original offer remains open for acceptance if the counteroffer expressly provides that the counteroffer shall not constitute a rejection of the offer. …
Evidence other than testimony that is presented during the course of a civil or criminal trial. Demonstrative evidence includes actual evidence (e.g., a set of bloody gloves from a murder scene) and illustrative evidence (e.g., photographs and charts). Many trial attorneys view the presentation of evidence to the jury as analogous to the presentation of information by a teacher to students. As in …
If this type of communication is made in the presence of a third party, whose presence is not necessary for such communication, it is not considered privileged. In certain cases, the presence of a third party might be required, as where there is a language barrier such that one of the individuals engaged in the confidential communication needs an interpreter. …
The inscription of one's name at the end of a writing, done by a secretary or a subordinate, to attest to the fact that such a writing has been signed by a principal or a superior, thereby vouching for the genuineness of the signature. To write one's name at the end of a document—in addition to the inscription of a name by another—to attest to the authenticity of the si…
Courts often interpret provisions of a will that appear to grant specific legacies of money or shares of stock as demonstrative legacies to avoid the consequences of ademption where it is clear that the testator intended the gift to be made in any event. …
The fighting of two persons, one against the other, at an appointed time and place, due to an earlier quarrel. If death results, the crime is murder. It differs from an affray in this, that the latter occurs on a sudden quarrel, while the former is always the result of design. Around the time of the Revolutionary War, dueling occurred in every state of the nation—in some areas, regularly&#x…
Confidential relations, also known as fiduciary relations, are not confined to any specific The relationship between doctor and patient is confidential: the doctor has a responsibility to act in good faith for the benefit of the patient. AP/WIDE WORLD PHOTOS relationships but refer to all those that are founded upon secrecy and trust. The duty of secrecy in such a relation is intended to pr…
A separate freight charge, in addition to ordinary shipping costs, which is imposed according to the terms of a carriage contract upon the person responsible for unreasonable delays in loading or unloading cargo. In maritime law, demurrage is the amount identified in a charter contract as damages payable to a shipowner as compensation for the detention of a ship beyond the time specified by a char…
Sham; make-believe; pretended; imitation. Person who serves in place of another, or who serves until the proper person is named or available to take his place (e.g., dummy corporate directors; dummy owners of real estate). …
A term used to describe the situation in which a public official or fiduciary who, contrary to the obligation and absolute duty to act for the benefit of the public or a designated individual, exploits the relationship for personal benefit, typically pecuniary. In certain relationships, individuals or the general public place their trust and confidence in someone to act in their best interests. Wh…
An assertion by the defendant that although the facts alleged by the plaintiff in the complaint may be true, they do not entitle the plaintiff to prevail in the lawsuit. The pleadings of the parties to a lawsuit describe the dispute to be resolved. The plaintiff sets out the facts that support the claim made in the complaint, and the defendant then has an opportunity to respond in an answer. …
Unlawful pressure exerted upon a person to coerce that person to perform an act that he or she ordinarily would not perform. Duress also encompasses the same harm, threats, or restraint exercised upon the affected individual's spouse, child, or parent. Duress also exists where a person is coerced by the wrongful conduct or threat of another to enter into a contract under circumstances that …
A duplicate of a document that includes handwritten notations of items incapable of reproduction, such as a signature, which must be inscribed upon the duplicate with the explanation that it was placed there by the person whose signature appears on the original document. …
A political subdivision of a state, the power and importance of which varies from one state to another. In the state of Louisiana, a state political subdivision is known as a parish. Comparable to counties, parishes have no independent existence apart from the state but possess only such authority as the state grants them. …
To refuse to acknowledge something; to disclaim connection with or responsibility for an action or statement. To deny someone of a legal right is to deprive him or her of that right. …
The Durham rule was created in 1954 by Judge David L. Bazelon, of the U.S. Court of Appeals for the District of Columbia, in Durham v. United States, 214 F.2d 862. The rule, as stated in the court's decision, held that "an accused is not criminally responsible if his unlawful act was the product of mental disease." It required a jury's determination that the accused was…
A certificate evidencing the obligation to pay an installment of interest or a dividend that must be cut and presented to its issuer for payment when it is due. …
A person whose support and maintenance is contingent upon the aid of another. Conditional. A dependent is someone who is sustained by another person, such as a child supported by his or her parents. In an insurance policy, the term legal dependent generally includes all of those people whom the insured person is under a legal duty to support, such as a spouse and minor children. A lawful dependent…
A fiduciary, such as an executor or trustee, who occupies a position of confidence in relation to a third person, owes such person a duty to render services, provide care, or perform certain acts on his or her behalf. …
A fundamental right of a defendant in a criminal action to come face-to-face with an adverse witness in the court's presence so the defendant has a fair chance to object to the testimony of the witness, and the opportunity to cross-examine him or her. The experience of the Salem witch trials made a great impression on the other colonies. By the end of the sixteenth century, most of the colo…
A clearly recognizable pattern of previous conduct between parties to a business transaction. The course of dealing between parties to an action is examined by a court in ascertaining what the parties intended when they entered into a contract. The supposition is that the parties drew up the contract in view of the customary manner in which business had been transacted prior to the signing of the …
The doctrine that regards as mutually interrelated the acts of a testator destroying a will and executing a second will. In such cases, if the second will is either never made or improperly executed, there is a rebuttable presumption that the testator would have preferred the former will to no will at all, which allows the possibility of probate of the destroyed will. Some jurisdictions decline to…
Conceptually, a duty of tonnage is assessed for the privilege of transacting business in a port. …
