A generic term for any type of legal duty or liability. In its original sense, the term obligation was very technical in nature and applied to the responsibility to pay money owed on certain written documents that were executed under seal. Currently obligation is used in reference to anything that an individual is required to do because of a promise, vow, oath, contract, or law. It refers to a leg…
The discretionary power of a federal court to permit the assertion of a related state law claim, along with a federal claim between the same parties, properly before the court, provided that the federal claim and the state law claim derive from the same set of facts. Pendent jurisdiction is a rule of judicial convenience and efficiency. If federal courts could not hear state law claims, many plain…
The process of taking the proceeds of criminal activity and making them appear legal. Criminals want their illegal funds laundered because they can then move their money through society freely, without fear that the funds will be traced to their criminal deeds. In addition, laundering prevents the funds from being confiscated by the police. Money laundering usually consists of three steps: placeme…
The individual to whom a particular duty or obligation is owed. The obligation might be to pay a debt or involve the performance or nonperformance of a particular act. The term obligee is often used synonymously with creditor. …
[Latin, Pending the litigation.] During the actual progress of a lawsuit. …
The individual who owes another person a certain debt or duty. The term obligor is often used interchangeably with debtor. …
Begun, but not yet completed; during; before the conclusion of; prior to the completion of; unsettled; in the process of adjustment. A lawsuit is said to be pending from its inception until the issuance of a final judgment by a court. The phrase pending appeal refers to the time before an appeal is taken, as well as to the period during which an appeal is in progress. …
A destruction; an eradication of written words.…
Offensive to recognized standards of decency.…
A prison or place of confinement where persons convicted of felonies serve their term of imprisonment. …
In 1776 Pennsylvania enacted its first state constitution in direct response to the Declaration of Independence and the instructions of the Second Continental Congress to the colonies to reject British rule. Dedicated to the idea of placing authority in the hands of the people, and specifying a broad range of rights, the constitution proved to be controversial. Over the next fourteen years, critic…
The character or quality of being obscene; an act, utterance, or item tending to corrupt the public morals by its indecency or lewdness. This test permitted judges to look at objectionable words or passages without regard for the work as a whole and without respect to any artistic, literary, or scientific value the work might have. In 1930, Massachusetts courts declared both Theodore Dreiser…
Inexpensive issues of stock, typically selling at less than $1 a share, in companies that often are newly formed or involved in highly speculative ventures. Penny stocks are usually available for sale over-the-counter, that is, among brokers and customers themselves, as opposed to being listed on the American Stock Exchange or the New York Stock Exchange. …
Fenwick's formal education was fragmentary. She attended the Foxcroft School, in Virginia, until age 15, when she left school to Millicent Fenwick. AP/WIDE WORLD PHOTOS accompany her father to Spain. While there, she briefly attended a convent school. After she returned to the United States she took courses at Columbia University's extension school. In the late 1930s, Fenwick …
An economic advantage held by one or more persons or companies deriving from the exclusive power to carry on a particular business or trade or to manufacture and sell a particular item, thereby suppressing competition and allowing such persons or companies to raise the price of a product or service substantially above the price that would be established by a free market. In a monopoly, one or more…
A criminal offense that involves interference, through words or actions, with the proper operations of a court or officers of the court. The integrity of the judicial system depends on the participants' acting honestly and without fear of reprisals. Threatening a judge, trying to bribe a witness, or encouraging the destruction of evidence are examples of obstruction of justice. Federal and …
The science of prison administration and rehabilitation of criminals. …
On December 2, 1823, Monroe presented the terms of the Monroe Doctrine, which Adams had helped to develop. The doctrine contained four significant elements: the American continents were to be regarded as independent, with no further settlement by European nations; the nations of the Western Hemisphere were deemed republics, as opposed to the European system of monarchies; European intervention in …
Gaining or having physical possession of real property subject to, or in the absence of, legal right or title. In a fire insurance policy, for example, the term occupancy is used in reference to the purpose to which the land or building is devoted or adopted, as indicated in the policy. …
A disease resulting from exposure during employment to conditions or substances that are detrimental to health (such as black lung disease contracted by miners). …
A benefit, usually money, paid regularly to retired employees or their survivors by private businesses and federal, state, and local governments. Employers are not required to establish pension benefits but do so to attract qualified employees. Employers establish pension plans by paying a certain amount of money into a pension fund. The money paid into this fund is not taxed to the employer, and …
Under the Occupational Safety and Health Act, 29 U.S.C.A. § 651 et seq., a business that negligently jeopardizes the lives or health of its workers commits a federal misdemeanor. The act authorizes civil fines up to $10,000 for instances where employers "willfully" expose workers to "serious" harm or death. Any act of criminal negligence can result in imprisonmen…
A street that is closed at its terminal points. The term pent, which means penned or confined, is used to distinguish this type of road from an open highway that leads to other thoroughfares. Pent roads are frequently adjacent to the lands of persons who are constructing connecting arteries across their own property to secure needed outlets. …
The rights guaranteed by implication in a constitution or the implied powers of a rule. Justice Cardozo's use of the penumbra metaphor in opinions written between 1934 and 1941 was similar to Holmes's application, but Justice Douglas took a different approach. Rather than using it to highlight the difficulty of drawing lines or determining the meaning of words or concepts, he used th…
Several of Rosa Parks' friends were members of the Women's Political Council (WPC), an organization of black professionals founded in 1946. As early as 1953, WPC members had been actively pursuing changes in bus segregation law through communications with Mayor W.A. Rosa Parks's refusal to give up her bus seat to a white man on December 1, 1955, sparked the 11-month long M…
Of counsel is also sometimes used in reference to an attorney who is associated with a law firm, but is neither a partner nor an associate. …
A condition of enforced servitude by which a person is restrained of his or her liberty and compelled to labor in payment of some debt or obligation. …
Anything by which the memory of a person, thing, idea, art, science or event is preserved or perpetuated. A tomb where a dead body has been deposited. …
Any action or step that an individual might take during judicial proceedings without being required to ask the judge's permission or that will receive the judge's automatic approval if the individual does ask permission; that which is a matter of right. …
The aggregate of the individuals who comprise a state or a nation. …
Paula Louise Ettelbrick is a lawyer and activist for lesbian and gay rights, and a lifelong advocate of public service. She was the first staff attorney for Lambda Legal Defense and Education Fund, and served as its legal director from 1988 to 1993. Ettelbrick was born October 2, 1955, on a U.S. Army base in Stuttgart, Germany. Growing up in a devout Catholic family, she was taught by her parents …
Entered on the appropriate official documents maintained by a governmental body and that are usually available for inspection by the public. A mortgage is of record when it is entered in the appropriate records of the clerk in the area where the mortgaged property is located. When it is recorded, notice is thereby provided to anyone interested in purchasing the land that it is subject to certain e…
A breach of law; a crime.…
Newkirk became increasingly horrified at the inhumane treatment of animals that she encountered in her work, particularly in socalled "factory farms," which confine hundreds to thousands of animals (usually chickens, pigs, turkeys, or cows) in one facility, and in research laboratories. While other organizations are dedicated to seeing that animals are treated humanely, none is as ra…
An issue presenting no real controversy. Moot refers to a subject for academic argument. It is an abstract question that does not arise from existing facts or rights. Moot court is a cocurricular or extracurricular activity in law school where students have the opportunity to write briefs and present oral arguments on hypothetical cases. …
A promise that, according to its terms, is contingent upon a particular act, forbearance, or promise given in exchange for the original promise or the performance thereof; a demonstration of the willingness of a party to enter into a bargain, made in such a way that another individual is justified in understanding that his or her assent to the bargain is invited and that such assent will conclude …
[Latin, By, through, or by means of.]…
In August 1947, Hill ran for the Virginia House of Delegates. He lost that election by a mere 190 votes, missing an opportunity to become the first African American to occupy a seat in Virginia's general assembly since 1890. He returned to politics the following year, and on June 10, 1948, he was elected to a seat on Richmond's city council. With that victory, he became the first Afr…
In a per capita distribution, an equal share of an estate is given to each heir, all of whom stand in equal degree of relationship from a decedent. For example, a woman died intestate, that is, without a will. Her husband and three children predeceased her, and her only living heirs are her ten grandchildren. These grandchildren will take per capita. In other words, each grandchild will receive on…
A method of teaching law and legal skills that requires students to analyze and argue both sides of a hypothetical legal issue using procedures modeled after those employed in state and federal appellate courts. In the mid-1700s moot courts in the United States had a tradition of debate and oratory revered in undergraduate institutions such as Yale College. Moot court exercises have changed in the…
The OMB assists the president in developing and maintaining effective government by reviewing the organizational structure and management procedures of the executive branch to ensure that the intended results are achieved. It works to develop efficient coordinating mechanisms to implement government activities and to expand interagency cooperation. The office also assists in developing regulatory …
[Latin, By the court.] A phrase used to distinguish an opinion of the whole court from an opinion written by any one judge. Sometimes per curiam signifies an opinion written by the chief justice or presiding judge; it can also refer to a brief oral announcement of the disposition of a case by the court that is unaccompanied by a written opinion. …
The Office of National Drug Control Policy (ONDCP) was established by the National Narcotics Leadership Act of 1988 (21 U.S.C.A. § 1501 et seq.) and began operations in January 1989. ONDCP develops and coordinates the policies and objectives of the federal government's program for reducing the use of illicit drugs. ONDCP seeks ways to combat the manufacture and distribution of illega…
[Latin, Whereby.] With respect to a complaint in a civil action, a phrase that prefaces the recital of the consequences of certain acts as a ground of special harm to the plaintiff. Words that are actionable per quod do not furnish a basis for a lawsuit upon their face but are only litigable because of extrinsic facts showing the circumstances under which they were uttered or the damages ensuing t…
The rules of behavior an individual or a group may follow out of personal conscience and that are not necessarily part of legislated law in the United States. Moral law is a system of guidelines for behavior. These guidelines may or may not be part of a religion, codified in written form, or legally enforceable. For some people moral law is synonymous with the commands of a divine being. For other…
The OTS is authorized to charter federal thrift institutions and to serve as the primary regulator of the 1,700 federal- and state-chartered thrifts that belong to the Savings Association Insurance Fund. Its purpose is to maintain the safety, soundness, and viability of the thrift industry by adopting regulations that seek to prevent unreasonable lending risks, examining and supervising thrift ins…
[Latin, In itself.] Simply as such; in its own nature without reference to its relation. …
Notwithstanding this flexible approach to law, moral relativism often plays a significant role in the shaping of law and the punishment of criminals. In 2002, U.S. News & World Report cited a Zogby International poll of 401 randomly selected college seniors, which was commissioned by the National Association of Scholars. According to the results, 73 percent of the students interviewed indic…
An individual with the responsibility of performing the duties and functions of an office, that is a duty or charge, a position of trust, or a right to exercise a public or private employment. A public officer is ordinarily defined as an individual who has been elected or appointed to exercise the functions of an office for the benefit of the public. Executive officers, such as the president or st…
[Latin, By roots or stocks; by representation.] A term used to denote a method used in dividing the estate of a person. A person who takes per stirpes, sometimes called by right of representation, does not inherit in an individual capacity but as a member of a group. In a per stirpes distribution, a group represents a deceased ancestor. The group takes the proportional share to which the dece…
Ward was born around 1578 in Haverhill, Suffolk, England. He graduated from Cambridge University in 1599 and then studied law at Lincoln's Inn in London. He practiced law for ten years and then decided to enter the ministry. Attracted to Puritan religious doctrine, Ward was dismissed from his ministry in 1633 and forced to leave England to avoid religious persecution. He arrived in Massachu…
An all-inclusive term for any type of court employee including judges, clerks, sheriffs, marshals, bailiffs, and constables. An attorney is also regarded as being an officer of the court and must therefore comply with court rules. …
A rental agreement, usually with respect to a retail business property, whereby a portion of the gross sales or net sales of the tenant is used to determine the rent. There is generally a provision in a percentage lease that calls for a minimum or base rental. It protects the lessor in the event of poor sales. …
A suspension of activity or an authorized period of delay or waiting. A moratorium is sometimes agreed upon by the interested parties, or it may be authorized or imposed by operation of law. The term also is used to denote a period of time during which the law authorizes a delay in payment of debts or performance of some other legal obligation. This type of moratorium is most often invoked during …
On January 5, 1925, Nellie Tayloe Ross became the first female governor in U.S. history. Ross's election in Wyoming occurred less than five Ross's victory came on the same day that Miriam ("Ma") Ferguson was elected governor of Texas. Because Ross was sworn into office two weeks before Ferguson, she is recognized as the first female governor in the United States. e…
A contrary claim or demand that may cancel or reduce a given claim; a counterclaim. A kind of bookkeeping entry that counters the effect of a previous entry. …
The right to challenge a juror without assigning, or being required to assign, a reason for the challenge. During the selection of a jury, both parties to the proceeding may challenge prospective jurors for a lack of impartiality, known as a challenge for cause. A party may challenge an unlimited number of prospective jurors for cause. Parties also may exercise a limited number of peremptory chall…
Joseph Smith based his teachings on his translation of hieroglyphic messages revealed to him on several golden plates. Smith's translation of these divine messages is known as the Book of Mormon. The Book of Mormon and the Bible form the basis of Mormon belief. During the early 1800s, Smith and his followers settled in Kirtland, Ohio, and Jackson County, Missouri, where they were persecuted…
An immediate and absolute decision by the court on some point of law that is rendered without consideration of alternatives. …
By antagonizing powerful white supremacists, Evers put himself in constant danger in his home state. When he was shot and killed by a sniper on June 12, 1963, many Mississippians were not surprised. Upon his death, Evers became an early martyr in the African American struggle for equal rights. More than thirty years later, when Byron de la Beckwith finally was convicted of Evers's assassina…
A means of ascertaining the probable number of years any man or woman of a given age and of ordinary health will live. A mortality table expresses on the basis of the group studied the probability that, of a number of persons of equal expectations of life who are living at the beginning of any year, a certain number of deaths will occur within that year. Such tables are used by insurance companies…
Complete; finished; executed; enforceable; without defect; merchantable; marketable. To perfect a title is to record or register it in the proper place so that one's ownership will be established against all others. …
Following her husband's assassination, Evers-Williams assumed his position as NAACP field secretary. Then, in 1964, she decided to move with her three young children to Claremont, California, and begin a new life. In 1967, she published For Us the Living, a memoir of her life with her late husband. She earned a degree in sociology at Pomona College in 1968, and then became director of plann…
A legal document by which the owner (i.e., the buyer) transfers to the lender an interest in real estate to secure the repayment of a debt, evidenced by a mortgage note. When the debt is repaid, the mortgage is discharged, and a satisfaction of mortgage is recorded with the register or recorder of deeds in the county where the mortgage was recorded. Because most people cannot afford to buy real es…
The fulfillment or accomplishment of a promise, contract, or other obligation according to its terms. …
[French, Dead hand.] A term to denote the conveyance of ownership of land or tenements to any corporation, religious or secular. Traditionally, such transfers were made to religious corporations. Like any corporation, the religious society had unlimited, perpetual duration under the law. It could, therefore, hold land permanently unlike a natural person, whose property is redistributed upon his or…
The designated contingency, risk, or hazard against which an insured seeks to protect himself or herself when purchasing a policy of insurance. Among the various types of perils for which insurance coverage is available are fire, theft, illness, and death. …
Statutes designed to prevent lands from being perpetually possessed or controlled by religious corporations. The first mortmain act in England was enacted during the reign of King Edward I. A later statute passed during the reign of King George II was the model for subsequent mort-main acts in that it prevented the transfer of lands to charities unless the gift complied with certain requirements. …
A crime that occurs when an individual willfully makes a false statement during a judicial proceeding, after he or she has taken an oath to speak the truth. The punishment for perjury in most states, and under federal law, is the imposition of a fine, imprisonment, or both. Federal law also imposes sentencing enhancements when the court determines that a defendant has falsely testified on her own …
A method of establishing equality of trading opportunity among states by guaranteeing that if one country is given better trade terms by another, then all other states must get the same terms. In the twentieth century, the history of world trade is dominated by the move from protective tariffs to free trade. International agreements have permitted most of the world's nations to export their…
MADD was founded by a small group of California women in 1980 after 13-year-old Cari Lightner was killed by a hit-and-run driver who had previous drunk driving convictions. Although the offender was sentenced to two years in prison, the judge allowed him to serve time instead in a work camp and a halfway house. Candy Lightner, the victim's mother, worked to call attention to the need for mo…
A claim by a defendant opposing the claim of the plaintiff and seeking some relief from the plaintiff for the defendant. The compulsory counterclaim arises from the same transaction or occurrence that forms the basis of the plaintiff's suit. For example, a car accident between two drivers leads to a personal injury lawsuit, but the defendant asserts in a compulsory counterclaim that the pla…
In the U.S. judicial system, procedural rules require most motions to be made in writing and can require that written notice be given in advance of a motion being made. Written motions specify what action the movant is requesting and the reasons, or grounds, for the request. A written motion may contain citations to case law or statutes that support the motion. A motion almost always contains a re…
A term commonly used by law enforcement officers to designate a person who actually commits a crime. …
An idea, belief, or emotion that impels a person to act in accordance with that state of mind. Proof of motive is not required in a criminal prosecution. In determining the guilt of a criminal defendant, courts are generally not concerned with why the defendant committed the alleged crime, but whether the defendant committed the crime. However, a defendant's motive is important in other sta…
The procedure permitted by federal and state discovery rules for preserving the attestation of a witness that might otherwise be lost prior to the trial in which it is intended to be used. The usual method of perpetuating testimony is by taking a deposition. It is usually allowed when a witness is aged and infirm or is about to leave the state. …
A public official who acts as an impartial intermediary between the public and government or bureaucracy, or an employee of an organization who mediates disputes between employees and management. The Swedish legislature first created the position of ombudsperson in the early 1800s; the literal translation of ombudsperson is "an investigator of citizen complaints." This official was c…
The procedure employed to assure that proof will be available for possible use at a later trial. The police, for example, can deposit a murder weapon with the court, prior to the day set for trial of the accused, for purposes of perpetuation of evidence. …
[Latin, For all; containing two or more independent matters.] A term frequently used in reference to a legislative bill comprised of two or more general subjects that is designed to compel the executive to approve provisions that he or she would otherwise reject but that he or she signs into law to prevent the defeat of the entire bill. …
Fringe benefits or other incidental profits or benefits accompanying an office or position. The abbreviation perks is used in reference to extraordinary benefits afforded to business executives, such as country club memberships or the free use of automobiles. …
The Office of Administration was established within the Executive Office of the President The Office of Administration provides administrative support services to all EOP offices in the White House, including services that are in direct support of the president. The services provided by the Office of Administration include personnel management; financial management; data processing; and offic…
Holmes was born March 8, 1841, in Boston. His father, Oliver Wendell Holmes Sr., was a well-known physician, a lecturer at Harvard Medical School, an author who was widely read in England and the United States, and a founder of the Atlantic Monthly. Holmes attended private school and then Harvard College, graduating in 1861. With the outbreak of the Civil War in 1861, Holmes enlisted as an officer…
One who makes a motion before a court. The applicant for a judicial rule or order. Generally, it is the job of the movant to convince a judge to rule, or grant an order, in favor of the motion. Rules and legal precedent within particular jurisdictions, as well as the type of motion sought, dictate the burdens of proof and persuasion each party must meet when a court considers a motion. A summary j…
Payable immediately on request. A note that is payable on demand is one that is to be paid the moment payment is requested by the individual who has legal possession thereof. …
The phrase interested person refers to heirs, devisees, children, spouses, creditors, beneficiaries, and any others having a property right in, or a claim against, a trust estate or the estate of a decedent, ward, or protected person. It also refers to personal representatives and to fiduciaries. …
To make an application to a court for a rule or order, or to take action in any matter. The term comprehends all things necessary to be done by a litigant to obtain an order of the court directing the relief sought. To propose a resolution, or recommend action in a deliberative body. To pass over; to be transferred, as when the consideration of a contract is said to move from one party to the othe…
Near; approximately; without significant variance from an agreed date. The phrase on or about is used to avoid being bound to a more precise statement than is required by law. For example, when an individual seeks to purchase a home, the date when the transaction is closed and the legal title and possession are transferred from seller to buyer is ordinarily scheduled on or about a particular date.…
Directly applicable or dispositive of the matter under consideration. A statute or case is "on point" if it has direct application to the facts of a case currently before a tribunal for determination. …
Any violation of an individual's right, other than his or her rights in property. …
A classification given to a commercially released motion picture that indicates to consumers whether the film contains sex, profanity, violence, or other subject matter that may be inappropriate for persons in certain age groups. In the movie business, a better rating is generally a lower rating. Movies typically make more money when they appeal to the widest possible audience. This rule holds tru…
The principle that all citizens, regardless of where they reside in a state, are entitled to equal legislative representation. …
The power of a court to hear and determine a lawsuit involving a defendant by virtue of the defendant's having some contact with the place where the court is located. Personal jurisdiction, also known as in personam (against the person) jurisdiction, gives a court the authority to make decisions binding on the persons involved in a civil case. Every state has personal jurisdiction over pers…
Morris Raphael Cohen achieved prominence as an educator and author. In 1899, Cohen began his teaching career as a history teacher at the Educational Alliance in New York. He also taught at Davidson Collegiate Institute from 1900 to 1901, and in 1902 he accepted a position as mathematics teacher at his alma mater, the College of the City of New York. He held that position until 1912, when he switch…
Congress has given the federal judicial system a mechanism to help manage complex and protracted civil lawsuits that are related to each other. Under 28 U.S.C.A. § 1407, the Judicial Panel on Multidistrict Litigation has the authority to transfer related cases to one federal judge for "coordinated and consolidated pre-trial discovery" in advance of trial. The panel is composed…
To make accessible, visible, or available; to submit to review, examination, or inquiry through the elimination of restrictions or impediments. To open a judgment means to render it capable of reexamination by removing or relaxing the bar of its finality. A judgment is ordinarily opened at the insistence of a party who is able to show good cause as to why the execution of the judgment would be ine…
A type of referral sales scheme by which an individual who purchases a particular item from a company agrees to solicit and provide additional buyers for the product in exchange for a commission or rebate from the company. This type of plan is also known as a pyramid sales scheme and is against the law in many jurisdictions. …
An unpaid or unsettled account; an account with a balance that has not been ascertained, that is kept open in anticipation of future transactions. A type of credit extended by a seller to a buyer that permits the buyer to make purchases without a note or security and is based on an evaluation of the buyer's credit. A contractual obligation that may be modified by subsequent agreement of the…
Several unnecessary attempts to litigate the same claim or issue. …
An offer to perform a contract, generally of a construction nature, in which the bidder reserves the right to reduce his or her bid to compete with a lower bid. …
In its narrower and more common sense, pertaining to a local governmental unit, commonly a city or town. In its broader sense, pertaining to the public or governmental affairs of a state, nation, or of a people. Relating to a state or nation, particularly when considered as an entity independent of other states or nations. …
Common law requires a trial in open court; "open court" means a court to which the public has a right to be admitted. This term may mean either a court that has been formally convened and declared open for the transaction of its proper judicial business or a court that is freely open to spectators. …
An agreement that allows a buyer to make purchases over a period of time without a change in the price or terms by the seller. …
An incorporated political subdivision of a state that is composed of the citizens of a designated geographic area and which performs certain state functions on a local level and possesses such powers as are conferred upon it by the state. A municipal corporation is a city, town, village, or borough that has governmental powers. A municipality is a city, town, village, or, in some states, a borough…
A type of revolving account that permits an individual to pay, on a monthly basis, only a portion of the total amount due. …
The muniment of title doctrine provides that when ownership of property has been litigated between two parties and title has been adjudicated to be held by one of the two, the loser is not able to relitigate the matter with anyone who relies upon the title of the winner. …
A mortgage that allows the borrowing of additional sums, often on the condition that a stated ratio of collateral value to the debt be maintained. A mortgage that provides for future advances on the mortgage and which so increases the amount of the mortgage. …
Everything that is the subject of ownership that does not come under the denomination of real property; any right or interest that an individual has in movable things. A gift is a voluntary transfer of personalty from one individual to another without compensation or consideration or the exchange of something of value. There are two main categories of gifts: inter vivos gifts, a voluntary, uncondi…
A type of real estate listing contract whereby any agent who has a right to participate in the open listing is entitled to a commission if he or she produces the sale. …
A person who manages the financial affairs of another person who is unable to do so. A personal representative is one kind of fiduciary—an individual whom another has trusted to manage her property and money. When a person dies, a personal representative generally is required to settle the decedent's financial affairs. In some instances, a living person may need a personal representa…
A business in which union and nonunion workers are employed. A business in which union membership is not a condition of securing or maintaining employment. The term open shop is frequently used to imply that the operator of this type of shop is, in effect, exercising discrimination against trade unions and hampering their advancement through the employment of nonunion employees. …
The actual delivery of process to the individual to whom it is directed or to someone authorized to receive it on his or her behalf. Personal service of the complaint and summons is a form of actual notice. Actual notice occurs when the summons and complaint are delivered personally to the respondent. The two other basic forms of process service are substituted service and constructive service. Su…
The unlawful killing of another human being without justification or excuse. Some jurisdictions still use the term malice aforethought to define intentional murder, but many have changed or elaborated on the term in order to describe more clearly a murderous state of mind. California has retained the malice aforethought definition of murder (Cal. Penal Code § 187 [West 1996]). It also maint…
Goods; chattels; articles; movable property, whether animate or inanimate. …
Bradwell was born February 12, 1831, in Manchester, Vermont. After an early childhood in Portage, New York, she moved with her family to Illinois and attended the ladies seminary in Elgin, where she subsequently became a teacher. In 1852 she married James B. Bradwell, an Englishman who had immigrated to the United States and studied law in Memphis, Tennessee. The Bradwells established a private sc…
Fillmore was born January 7, 1800, in Locke, New York. His father, Nathaniel Fillmore, was a farmer who wanted Fillmore to escape a life of poverty. Fillmore left school at an early age to become apprenticed, but a judge recognized his talents and ambition and persuaded him to study law. He was admitted to the bar at the age of 24 and soon became a leading lawyer in the state of New York. Presiden…
An introductory statement made by the attorneys for each side at the start of a trial. The opening statement, although not mandatory, is seldom waived because it offers a valuable opportunity to provide an overview of the case to the jury and to explain the anticipated proof that will be presented during the course of the trial. The primary purpose of an opening statement is to apprise the trier o…
Sources of law, such as related cases or legal encyclopedias, that the court consults in deciding a case, but which, unlike binding authority, the court need not apply in reaching its conclusion. …
The manner in which an individual acquires certain rights or liabilities through no act or cooperation of his or her own, but merely by the application of the established legal rules to the particular transaction. …
The ordinary panel of twelve persons called to issue a verdict in a civil action or a criminal prosecution. Petit jury is used interchangeably with petty jury. …
The contractual relationship between a songwriter or music composer and a music publisher, whereby the writer assigns part or all of his or her music copyrights to the publisher in exchange for the publisher's commercial exploitation of the music. Publishing income comes from various sources, but it is separate from income derived from retail sales of recordings. Income from recording sales…
When this type of evidence is expressed by an expert witness, it may be used only if scientific, technical, or specialized knowledge will aid the trier of fact in understanding the evidence or determining a fact in issue. In the event that the witness is not testifying as an expert, the witness's testimony is restricted to opinions or inferences that are rationally based upon his or her per…
A form of larceny—the stealing of another's personal property—in which the value of the property taken is generally less than $50. …
The offense, committed by a public official, of wrongfully inflicting injury, such as bodily harm or imprisonment, upon another individual under color of office. Oppression, which is a misdemeanor, is committed through any act of cruelty, severity, unlawful exaction, or excessive use of authority. …
A written application from a person or persons to some governing body or public official asking that some authority be exercised to grant relief, favors, or privileges. A formal application made to a court in writing that requests action on a certain matter. Petitions are also directed to courts of law and administrative agencies and boards. A petition may be made ex parte (without the presence of…
A right, which operates as a continuing offer, given in exchange for consideration—something of value—to purchase or lease property at an agreed price and terms within a specified time. An option is a type of contract that is used in the stock and commodity markets, in the leasing and sale of real estate, and in other areas where one party wants to acquire the legal right to buy some…
A document filed in a specialized federal court to commence a proceeding to provide a means by which a debtor who is unwilling or financially unable to pay personal debts will satisfy the claims of his or her creditors as they come due. A petition in bankruptcy lists the debtor's assets, liabilities, and debts so that a realistic arrangement for the payment of creditors can be devised. …
Cutting, tearing, erasing, or otherwise changing a document in a way that changes or destroys its legal effect. It is a federal crime to mutilate public records, coins, or passports. …
An agreement between parties that is either partly in writing and partly dependent on spoken words or that is entirely dependent on spoken words. …
One who presents a formal, written application to a court, officer, or legislative body that requests action on a certain matter. In March 1998, Aaron Wallace, president of the National Education Association, announces the collection of more than 400,000 signatures on a petition requesting increased spending on education in the state of Florida. AP/WIDE WORLD PHOTOS In legal proceedings ini…
One of the most ancient forms of trial in England that required the accused person to submit to a dangerous or painful test on the theory that God would intervene and disclose his or her guilt or innocence. Trials by ordeal were a pagan custom that took on added ritual when Christianity was introduced into England. There were various ordeals, and at different times certain ordeals were reserved fo…
A legal proceeding by which the plaintiff seeks to establish and enforce his or her title to property, as distinguished from a possessory proceeding, where the plaintiff's right to possession is the issue. Such petitory actions must be based on a claim of legal title to the property, as opposed to a mere equitable interest in it. In the civil-law jurisdiction of Louisiana, a proceeding inst…
A corporation in which members are the exclusive shareholders and the recipients of profits distributed as dividends in proportion to the business that such members did with the company. The most common kind of mutual company is a mutual insurance company. In this type of organization, which is a cooperative association, the members are both the insurers and the insured. Such companies exist for t…
Direction of a court or judge normally made or entered in writing, and not included in a judgment, which determines some point or directs some step in the proceedings. The decision of a court or judge is made in the form of an order. A court may issue an order after a motion of a party requesting the order, or the court itself may issue an order on its own discretion. For example, courts routinely…
A minor crime, the maximum punishment for which is generally a fine or a short term in a prison or a house of correction. In some states, a petty offense is a classification in addition to misdemeanor and felony. Under federal law, a petty offense is any misdemeanor, the penalty for which does not exceed imprisonment for a period of six months, a fine of not more than $5,000, or both. Since a pett…
An unincorporated national scholastic honor society in law. Its purpose is to foster excellence in legal scholarship and to recognize those who have attained high grades in law school or who have distinguished themselves in the teaching of law. There are more than sixty chapters located in law schools throughout the country. The Order of the Coif honor society was formed in 1912 as a national orga…
A colloquial term that was initially a compliment to the legal expertise and competence of an attorney due to the outstanding reputation of the Philadelphia bar during colonial times. More recently the term has become a disparaging label for an attorney who is skillful in the manipulation of the technicalities and intricacies of the law to the advantage of his or her client, although the spirit of…
A fund, in the form of an investment company, in which shareholders combine their money to invest in a variety of stocks, bonds, and money-market investments such as U.S. Treasury bills and bank certificates of deposit. Mutual funds provide a form of investment that is both relatively safe and relatively lucrative. Mutual funds offer investors the advantages of professional management of invested …
An ordinance is a law passed by a municipal government. A municipality, such as a city, town, village, or borough, is a political subdivision of a state within which a municipal corporation has been established to provide local government to a population in a defined area. Ordinances constitute the subject matter of municipal law. The power of municipal governments to enact ordinances is derived f…
A presentation of photographs to a victim or witness of a crime. A photo lineup, also known as a photo array and or photo display, is a procedure used by law enforcement personnel to discover or confirm the identity of a criminal suspect. Generally a police officer shows a set of photographs to a victim or witness and asks whether he or she recognizes one of the persons in the photo-graphs as the …
With his election as Speaker of the U.S. House of Representatives in January 1995, Newton Leroy Gingrich (R-Ga.) became a powerful politician. Assuming control of the first Republican majority in the House since 1952, Gingrich ruled that body during his first year with an authority not seen since the nineteenth century. The veteran congressman from Georgia used his new position to proclaim the arr…
An error of both parties to a contract, whereby each operates under the identical misconception concerning a past or existing material fact. For example, a customer goes to the sample room of an interior decorator to select a carpet and asks the clerk to show him a navy carpet, which he subsequently purchases and takes with him. The sales slip notes that the carpet purchased is navy. When, upon ex…
Max Weber was a German sociologist and political economist who is best known for his theory of the development of Western capitalism that is based on the "Protestant Ethic." In addition, Weber wrote widely on law and religion, including groundbreaking work on the importance of bureaucracy in modern society. He also worked to establish the discipline of sociology based on an objective…
The legal principle that provides that unless both parties to a contract are bound to perform, neither party is bound. …
The Vietnam War began in the 1940s as a war of liberation between Vietnamese nationalists called the Viet Minh and the French who controlled Vietnam. The Viet Minh sought help from Communist China in the mid-1950s, bringing the conflict to the attention of the United States. In 1954 the French were decisively defeated, and the country was temporarily divided into North Vietnam and South Vietnam. M…
Dramatic developments in organ and tissue transplantation have allowed persons with life-threatening illnesses a chance to live. The successful transplantation of kidneys, livers, hearts, lungs, eyes, and skin has been enhanced by better surgical techniques and new drugs, such as cyclosporin, that prevent the body from rejecting a transplanted organ. Success, however, has led to an undersupply of …
In 1941 the NAACP established its Washington, D.C., bureau as the legislative advocacy and lobbying arm of the organization. The bureau does the strategic planning and coordination of NAACP political action and legislation program. It acts as the liaison between NAACP units and government agencies, and it coordinates the work of other organizations that support NAACP programs and proposals. The bu…
In the early 2000s the Fund continued its fight in support of equal education and affirmative action. In February 2003 the LDF filed briefs in two major suits that challenged the use of race-conscious criteria in the admissions programs of the University of Michigan law school and its undergraduate School of Literature, Science, and the Arts. In June the Supreme Court decided in favor of the Unive…
The transfer of organs such as the kidneys, heart, or liver from one body to another. The transplantation of human organs has become a common medical procedure. Typical organs transplanted are the kidneys, heart, liver, pancreas, cornea, skin, bones, and lungs. The organ most frequently transplanted is the cornea, followed by the kidney. The first human organ transplants were performed in the earl…
From the Latin term nudum pactum, or "bare promise" An agreement between two parties that is without any legal effect because no consideration has been exchanged between the parties. A naked contract is unenforceable. …
The fundamental law or constitution of a particular state or nation, either written or unwritten, that defines and establishes the manner in which its government will be organized. …
The designation of an individual person or of a firm or corporation. A word or combination of words used to distinguish a person, thing, or class from others. The method by which an individual can change his or her name is usually prescribed by state statutes and involves filing a certificate in, or making an application to, a court. Whether or not a name change will be granted is ordinarily a mat…
A generic term for any type of group or association of individuals who are joined together either formally or legally. The term organization includes a corporation, government, partnership, and any type of civil or political association of people. …
The first modern organized body of law governing France, also known as the Code Napoleon or Code Civil, enacted by Napoléon I in 1804. …
The NARAL Pro-Choice America Foundation, a charitable organization founded in 1977, supports research and legal work, publishes substantive policy reports, mounts public education campaigns and other communications projects, and provides leadership training for grassroots activists. The NARAL Foundation and NARAL employ a computerized state-by-state database, NARAL*STAR (State Tracking of Abortion…
Criminal activity carried out by an organized enterprise. Modern organized crime is generally understood to have begun in Italy in the late nineteenth century. The secretive Sicilian group La Cosa Nostra, along with other Sicilian mafia, were more powerful than the Italian government in the early twentieth century. In 1924 Benito Mussolini's fascist government rose to power, and Mussolini o…
The theory of interpretation by which judges attempt to ascertain the meaning of a particular provision of a state or federal constitution by determining how the provision was understood at the time it was drafted and ratified. Not every judge adheres to the theory of original intent, and many adherents fail to apply it in a uniform and faithful manner. Judges who do attempt to apply this judicial…
The authority of a tribunal to entertain a lawsuit, try it, and set forth a judgment on the law and facts. …
An abbreviation for presiding judge, the individual who directs, controls, or governs a particular tribunal as its chief officer. …
A document formerly used to commence a lawsuit in English courts. Historically, the writ needed to start a personal action was a mandatory letter from the king, issued by the Chancery and sealed with the Great Seal. It was directed to the sheriff of the county where the wrong was supposed to have been committed and required the sheriff to command that the defendant either satisfy the plaintiff�…
A charge imposed by a lending institution or a bank for the service of processing a loan. For example, a bank might charge an individual who has applied for a student loan an origination fee of one percent for processing the application and granting the loan. …
Oliver Ellsworth served as the third chief justice of the U.S. Supreme Court. Though his tenure on the Court was undistinguished, Ellsworth played an important part in shaping the political and legal structure of the United States as a representative at the Constitutional Convention and as a U.S. senator. Ellsworth was born April 29, 1745, in Windsor, Connecticut, into a prosperous and distinguish…
The designation of tribunals in a number of New England states that have probate or surrogate jurisdiction. …
Apparent; visible; exhibited. Ostensible authority is power that a principal, either by design or through the absence of ordinary care, permits others to believe his or her agent possesses. …
The Nation of Islam (NOI) is a religious and political organization whose origins are somewhat mysterious. Wallace D. Fard, later known as Master Wallace Fard Muhammad, established the NOI in Detroit during the 1930s. Fard Muhammad, a traveling salesman who sold African silks and advocated self-sufficiency and independence for African Americans, taught Elijah Poole the history of what Fard Muhamma…
The organization was founded in 1922, when radio broadcasting was in its infancy. Founded as the National Association of Radio Broadcasters, it changed its name to the National Association of Radio and Television Broadcasters in 1951, when it absorbed the Television Broadcasters Association. In 1958 it changed its name to the National Association of Broadcasters. In 1985 it absorbed the Daytime Br…
NAM was founded in Cincinnati, Ohio, in 1895, in the midst of a economic recession. Many major manufacturers saw a need to find new markets for their products in other countries. At its organizing convention, NAM adopted a number of objectives, including the retention and supply of home markets with U.S. products, extension of foreign trade, development of reciprocal trade relations between the Un…
An agreement reached between the parties in a pending lawsuit that resolves the dispute to their mutual satisfaction and occurs without judicial intervention, supervision, or approval. An out-of-court settlement provides that the parties relinquish their rights to pursue judicial remedies. …
The National Association of Realtors (NAR) is made up of residential and commercial realtors who are brokers, salespeople, property managers, appraisers, and counselors, and others working in the real estate industry. NAR began as the National Association of Real Estate Exchanges in 1908 with a membership of 120. In 2003 its membership numbered over 840,000, making it the world's largest pr…
The nationality of an aircraft is determined by the state in which the aircraft is registered. This principle was recognized by state practice soon after air flight proved feasible and was incorporated into the Convention on International Civil Aviation of December 7, 1944 (Chicago Convention). Applying the same concept of nationality to aircraft as is applied to maritime vessels provides a basis …
In the law of sales, an agreement in which one party assents to sell his or her total production to another party, who agrees to purchase it. …
The National Consumer Cooperative Bank (NCCB) was created and chartered by the National Consumer Cooperative Bank Act (92 Stat. 499, 12 U.S.C.A. 3001), enacted on August 20, 1978. The bank is directed by the act to encourage the development of new and existing cooperatives. The bank provides specialized credit and technical assistance to eligible cooperatives that provide goods, services, housing,…
An order that has not yet been carried out; an order for which the action commanded has not been taken. When the action ordered has been done, the warrant is said to have been executed. …
Under the overbreadth doctrine, a statute that affects First Amendment rights is unconstitutional if it prohibits more protected speech or activity than is necessary to achieve a compelling government interest. The excessive intrusion on First Amendment rights, beyond what the government had a compelling interest to restrict, renders the law unconstitutional. If a statute is overbroad, the court m…
The National Council of La Raza (NCLR) is the largest Hispanic advocacy organization in the United States. The NCLR was founded in 1968 as a nonpartisan nonprofit organization dedicated to reducing discrimination and poverty and to improving the lives and economic opportunities of Hispanic Americans. The NCLR has over 270 formal affiliates serving 40 states, the District of Columbia, and Puerto Ri…
A check that is drawn on an account containing less money than the amount stated on the check. …
A sum total of the administrative or executive costs that relate to the management, conduct, or supervision of a business that are not attributable to any one particular product or department. Expenses such as rent, taxes, insurance, lighting, heating, and other miscellaneous office expenses all fall under the category of overhead. …
The National Credit Union Administration (NCUA) is responsible for chartering, insuring, supervising, and examining federal credit unions (FCUs) and for administering the National Credit Union Share Insurance Fund. The NCUA also manages the Central Liquidity Facility, a mixed-ownership government corporation, the purpose of which is to supply emergency loans to member credit unions. A credit …
The National Education Association (NEA) is a nonprofit and nonpartisan professional organization made up of elementary and secondary school teachers, higher education faculty, education support professionals, school administrators, and others interested in public education. The NEA, which was founded in 1857, is the oldest and largest U.S. organization dealing with public education. The organizat…
An arrangement whereby commissions are made by sales managers based upon the sales made by their subordinate sales representatives. A term found in an agreement between a real estate agent and a property owner whereby the agent keeps the right to receive a commission for the sale of the property for a reasonable time after the agreement expires if the sale is made to a purchaser with whom the agen…
The National Environmental Policy Act of 1969 (NEPA) (42 U.S.C.A. § 4331 et seq.) was a revolutionary piece of legislation. NEPA established for the first time national policies and goals for the protection of the environment. NEPA aims to encourage harmony between people and the environment, promote efforts to prevent or eliminate damage to the environment and the biosphere, and enrich the…
The refusal by a judge to sustain an objection set forth by an attorney during a trial, such as an objection to a particular question posed to a witness. To make void, annul, supersede, or reject through a subsequent decision or action. …
The National Federation of Independent Businesses (NFIB) is the largest U.S. advocacy organization representing small and independent businesses. The NFIB has a membership of 600,000 business owners, including commercial enterprises, manufacturers, family farmers, neighborhood retailers, and service companies. The total membership employs more than 7 million people and reports annual gross sales o…
Public; open; manifest.…
An open, manifest act from which criminality may be implied. An outward act done in pursuance and manifestation of an intent or design. An attempt to commit a crime is an offense when an accused makes a substantial but unsuccessful effort to commit a crime. The elements of attempt include an intent to commit a crime, an apparent ability to complete the crime, and an overt act. An overt act is an a…
The first attempt at federal gun-control legislation, the National Firearms Act (NFA) only covered two specific types of guns: machine guns and short-barrel firearms, including sawed-off shotguns. It did not attempt to ban either weapon, but merely to impose a tax on any transfers of such weapons. Despite these limitations, it led to a precedent-setting U.S. Supreme Court decision. The statute lev…
The National Gay and Lesbian Task Force (NGLTF) is a nonprofit organization that supports grassroots organizing and advocacy for lesbian, gay, bisexual, and transgender rights. Founded in 1973, NGLTF works to strengthen the gay and lesbian movement at the state and local levels while connecting these activities to a national agenda. It is recognized as the leading activist organization in the nati…
[French, To hear and decide.] The designation "court of oyer and terminer" is frequently used as the actual title, or a portion of the title, of a state court that has criminal jurisdiction over felonious offenses. …
[French, Hear ye.] A word used in some courts by the public crier to indicate that a proclamation is about to be made and to command attention to it. …
The National Guard is the term for the state-organized units of the U.S. Army and Air Force, composed of citizens who undergo training and are available for service in national or local emergencies. National Guard units are organized in each of the 50 states, the District of Columbia, and Puerto Rico. The National Guard units are subject to the call of the governor of their state or territory, exc…
Congress passed additional legislation in 1864 to provide more land and money to complete the project. The two lines finally met at Promontory Point, Utah, in 1869, thereby providing a fast means of access from the Missouri River and the Pacific Ocean by rail. The Union Pacific Railway and the Central Pacific Railroad were merged into the Union Pacific Railroad in 1900 by Edward Harriman. …
The healthcare system is largely controlled by the free market, which is believed to provide limitations on how much physicians and other specialists can charge to their patients. However, many critics of the current system, including organizations composed of physicians, note that the system has become largely bureaucratic and that cost-cutting measures and pressures caused by competition and the…
Economists, scholars, politicians, and the public at large were deeply divided as to the underlying causes of the Great Depression and the best means to bring it to an end. In the months following Roosevelt's inauguration, his advisers, along with members of Congress and representatives from business and labor, drafted the legislation that was introduced in Congress on May 15, 1933, as the …
The U.S. trade representative is a cabinet-level official with the rank of ambassador who is directly responsible to the president and the Congress. The USTR is responsible for developing and coordinating U.S. international trade, commodity, and direct investment policy and for leading or directing negotiations with other countries on such matters. Through an interagency structure, the USTR coordi…
The National Mediation Board was created to address these issues, first for railroads and later for commercial airlines. The board's major responsibility is the mediation of disputes over wages, hours, and working conditions that arise between rail and air carriers and organizations representing their employees. The board also investigates representation disputes and certifies employee orga…
Katzenbach returned to the United States in 1949 and was admitted to the New Jersey bar in 1950. He was briefly an associate in his father's law firm before becoming in 1950 an attorney-adviser in the Office of General Counsel to the Secretary of the Air Force. During this period, Katzenbach first became acquainted with Johnson, then a senator from Texas. In 1952, Katzenbach left Washington…
NORML has a five-person staff at its national headquarters in Washington, D.C. It is governed by a board of directors that includes prominent attorneys, scientists, and researchers. NORML provides information to the national news media for marijuana-related stories and lobbies state and federal legislators to permit the medical use of marijuana and to reject attempts to treat minor marijuana offen…
Its 1992 "Elect Women for a Change" campaign sent an unprecedented number of feminist women and men to the U.S. Congress. NOW has combated harassment and violence by organizing the first "Take Back the Night" marches and establishing hot lines and shelters for battered women. NOW has also successfully prosecuted lawsuits against antiabortion groups that bombed and block…
A belief or policy in opposition to war or violence as a means of settling disputes. Pacifists maintain that unswerving nonviolence can bestow upon people a power greater than that achieved through the use of violent aggression. Over the years, pacifism has acquired different meanings. As a consequence, it is practiced in a variety of ways. For example, pacifists may make an individual vow of nonv…
The chief provision of the act was the establishment of business codes to be enforced nationally. The codes included rules regarding fair competition, discontinuance of antitrust regulations for a two-year period, voluntary participation in unions, and establishment of shorter hours and better wages. In June 1933, the National Recovery Administration (NRA) was created to supervise the execution of…
The process of exercising unlawful, improper, or deceitful means to obtain a jury composed of individuals who are favorably disposed to the verdict sought. …
A bargain, compact, or agreement. An agreement between two or more nations or states that is similar to, but less complex than, a treaty. …
That which is determined or ascertained through the use of statutes, rules, court decisions, and interpretations of legal principles. In legal actions the term matter of law is used to define a particular area that is the responsibility of the court. Matter of law is distinguished from matter of fact. All questions concerning the determination of fact are for the jury, though a judge may determine…
The NRA platform prefers gun safety programs and the intensified enforcement of existing federal gun laws to an increase in the number of restrictions on gun owners. Formed by New York charter in 1871, the NRA defined its original goal to "promote and encourage rifle shooting on a scientific basis," according to co-founder Colonel William C. Church. He and fellow co-founder, fellow U…
[Latin, Promises must be kept.] An expression signifying that the agreements and stipulations of the parties to a contract must be observed. …
Anything that has been entered in the formal written record of a court, which can be proved by the production of that record. A court produces a lengthy written record of a trial. A matter of record is anything entered in the official court record, including pleadings, testimony, evidence, motions, objections, rulings, and the verdict. Any matter of record can be proved by producing the relevant d…
[Latin, Pact.] A compact, bargain, or agreement.…
President George W. Bush meets with the National Security Council in October 2001. REUTERS NEWMEDIA INC./CORBIS The NSC began as a small office supporting the president, but its staff has grown over the years. It is headed by the assistant to the president for national security affairs, who is also referred to as the national security advisor. The NSC staff performs a variety of activities …
As the airline industry grew, Congress reorganized its regulatory scheme. With passage of the Department of Transportation Act of 1966 (Pub. L. No. 89-670, 80 Stat. 935), lawmakers created the NTSB within the Department of Transportation and gave it the responsibilities formerly held by the CAB. However, the NTSB often ended up conducting investigations of the FAA. In 1974, in an attempt to avoid …
Upon arriving in the Northern states, however, many blacks found themselves still excluded from decent housing, jobs, and education. Mostly rural in background, many were bewildered by the customs and mores of urban living. Realizing that these newcomers desperately needed help, the Committee on Urban Conditions among Negroes was established in New York City on September 29, 1910. In 1942 Mrs. Mol…
In the practice of legislative bodies, a system by which two members, who belong to opposing political parties or are on opposite sides with respect to a certain question, mutually agree that they will both be absent from voting, either for a specified period or when a vote is to be taken on the particular question. As a result of pairing-off, a vote is neutralized on each side of the question, an…
[French, The country; the neighborhood.] A trial per pais denotes a trial by the country; that is, trial by jury. …
Years of the U.S. government granting a free hand to those who wished to examine Native American remains came to an end with the passage of the Native American Graves Protection and Repatriation Act of 1990 (NAGPRA) (25 U.S.C. § 3001 et. seq.). This act marks a reversal of previous U.S. government policies, not only providing protection for Native American burial sites but also helping Nati…
To misrepresent inferior goods of one producer as superior goods made by a reputable, well-regarded competitor in order to gain commercial advantage and promote sales. …
Orville Hickman Browning was born February 10, 1806, in Harrison County, Kentucky. He was educated at Augusta College and admitted to the Kentucky bar in 1831. In that same year, he relocated to Illinois and established his legal practice. Orville Hickman Browning. LIBRARY OF CONGRESS From 1866 to 1869 Browning served as U.S. secretary of the interior and also acted as attorney general…
Easily perceptible, plain, obvious, readily visible, noticeable, patent, distinct, manifest. The term palpable usually refers to some type of egregious wrong, such as a governmental error or abuse of power. …
Pandering is established when the evidence shows that the accused succeeded in inducing a victim to become an inmate of a house of prostitution. One who solicits for a prostitute is a panderer. The pandering of obscenity refers to the business of purveying, by some form of advertising, pictorial or graphic material that appeals to the prurient interest of customers or potential customers. …
A list of jurors to serve in a particular court or for the trial of a designated action. A group of judges of a lesser number than the entire court convened to decide a case, such as when a nine-member appellate court divides into three, three-member groups, and each group hears and decides cases. A plan in reference to prepaid legal services. The term open-panel legal services refers to a plan in…
Maxims were originally quoted in Latin, and many of the Latin phrases continue to be familiar to lawyers in the early 2000s. The maxims were not written down in an organized code or enacted by legislatures, but they have been handed down through generations of judges. As a result, the wording of a maxim may vary from case to case. For example, it is a general rule that equity does not aid a party …
A document that is filed or introduced in evidence in a lawsuit, as in the phrases papers in the case and papers on appeal. …
Born November 2, 1938, in the nation's capital, Buchanan was the third of nine children of William Baldwin Buchanan and Catherine E. Crum Buchanan. He grew up under the resolute influences of Catholicism and conservatism, both the hallmarks of his father, a certified public accountant. Buchanan's brilliance at the Jesuit Gonzaga College High School earned him the honor of class valed…
The term par refers to an equality that exists between the nominal or face value of a document—such as a bill of exchange or a share of stock—and its actual selling value. When the values are equal, the share is said to be at par; if it can be sold for more than its face value, it is above par; if it is sold for less than its nominal value, it is below par. …
After graduation, Pollack joined the law firm of Gilman and Unger. By 1937, Gilman and Unger had become Unger and Pollack, and by 1943, Pollack had proved himself to be a force in both the legal and financial communities by winning a $4.5 million shareholder lawsuit against General Motors Corporation (Singer v. General Motors Corp., 136 F. 2d 905 [2d Cir. 1943]). In 1944, Pollack set out on his ow…
The McCarran-Ferguson Act of 1945 (15 U.S.C.A. § 1011 et seq.) gives states the authority to regulate the "business of insurance" without interference from federal regulation, unless federal law specifically provides otherwise. The act does not define the key phrase "business of insurance." Courts, however, analyze three factors when determining whether a particu…
A reference to the same case or statute published in two or more sources. …
In the early hours of June 13, 1994, the bodies of Nicole Brown Simpson and Ronald Goldman were found lying in a pool of blood outside Nicole Simpson's Brentwood, California, condominium. Both victims had been brutally stabbed to death on the evening of June 12, but there were no eyewitnesses. After the slayings, Nicole Simpson's dog was found wandering around the upscale neighborhoo…
Congress repealed the registration requirements of the law in 1968 as a result of a number of decisions by the U.S. Supreme Court that declared certain aspects of the law unconstitutional. …
In the United States, persons of Native American descent occupy a unique legal position. On the one hand, they are U.S. citizens and are entitled to the same legal rights and protections under the Constitution that all other U.S. citizens enjoy. On the other hand, they are members of self-governing tribes whose existence far predates the arrival of Europeans on American shores. They are the descen…
In the law of real property, ownership that is superior to the ownership with which it is compared, in the sense that the former is the source or the origin of the latter. The term paramount title is, however, frequently used to signify a title that is merely better or stronger than another or will prevail over it. This usage is rarely correct, unless the superiority consists of the seniority of t…
Oscar Wilde was a nineteenth-century Irish poet, novelist, and playwright who mocked social conventions and outraged English society with his unconventional ideas and behavior. Wilde's relevance to the law is based on his 1895 criminal trial, in which he was convicted of committing homosexual acts and was sentenced to two years in prison. Historians of law and sexuality regard the trial as …
Patrick Anthony McCarran was born August 8, 1876, in Reno, Nevada. He graduated from the University of Nevada in 1901 and took up farming for a few years before his admission to the Nevada bar in 1905. McCarran's career as a jurist was centered in Nevada. He practiced law from 1905 to 1907 in Tonopah and Goldfield, two areas that experienced prosperity due to mining successes. He served as …
A joint heir. Collectively the joint heirs are called coparceners. …
Those ramifications of a particular course of conduct that are reasonably foreseeable by a person of average intelligence and generally occur in the normal course of events. An individual who is guilty of committing a tort is liable for loss or injury that is the natural and probable result of his or her act or omission. It is sufficient that consequences are merely possible, since they must be re…
The action of an executive official of the government that mitigates or sets aside the punishment for a crime. The power to grant a pardon derives from the English system in which the king had, as one of his royal prerogatives, the right to forgive virtually all forms of crimes against the crown. The Framers of the U.S. Constitution, in Article II, Section 2, Clause 1, provided that the president …
[Latin, Parent of the country.] A doctrine that grants the inherent power and authority of the state to protect persons who are legally unable to act on their own behalf. In the United States, the parens patriae doctrine has had its greatest application in the treatment of children, mentally ill persons, and other individuals who are legally incompetent to manage their affairs. The state is the su…
The unwritten body of universal moral principles that underlie the ethical and legal norms by which human conduct is sometimes evaluated and governed. Natural law is often contrasted with positive law, which consists of the written rules and regulations enacted by government. The term natural law is derived from the Roman term jus naturale. Adherents to natural law philosophy are known as naturali…
John S. Hagelin (far right) was the Natural Law Party's presidential candidate in 1992, 1996, and 2000. AP/WIDE WORLD PHOTOS Citizens of Fairfield, Iowa, formed the Natural Law Party in April 1992. In a few short months, the party had succeeded in placing its presidential ticket on the ballot in 28 states for the 1992 election. By 1996 the party was offering candidates for elective o…
The process under federal law whereby a foreign-born person may be granted citizenship. In order to qualify for naturalization, an applicant must meet a number of statutory requirements, including those related to residency, literacy, and education, as well as an exhibition of "good moral character" and a demonstration of an attachment to constitutional principles upon which the Unit…
Waters that provide a channel for commerce and transportation of people and goods. The vast body of federal regulation concerning navigable waters frequently gives rise to litigation, and in many cases the courts have the difficult job of determining whether particular bodies of water are navigable (and thus subject to the law or regulation in question). Lakes and rivers are generally considered n…
The son of a wealthy planter from one of Virginia's oldest families, Barbour was born May 25, 1783, in Orange County, Virginia. He was educated locally and excelled in languages and classical literature. At seventeen, he became an apprentice to an Orange County lawyer. After less than a year clerking and studying law, Barbour left Virginia for Kentucky, where he practiced law for a short ti…
Initially, priority to receive excess properties was given to homeless providers rather than local communities. However, the Base Closure and Community Redevelopment Act of 1994 (Pub. L. No. 103-421, Oct. 25, 1994, 108 Stat. 4346) amended the McKinney Act by eliminating homeless providers' priority. The result is that homeless providers' needs are considered simultaneously in a commu…
The navy is one of three primary components of the U.S. military. Incorporating the Marine Corps, it serves along with the army and the air force as part of the nation's defense. The navy's mission is to protect the United States as directed by the president or the secretary of defense by the effective prosecution of war at sea. With its Marine Corps component, the navy's obje…
Born August 18, 1950, in Jersey City, New Jersey, Strossen moved with her family to Hopkins, Minnesota, at the age of eight. When she was growing up, she expected to pursue a traditional career, perhaps as a teacher. As an outstanding member of her high school debate team, she was impressed with her teammates' analytical skills and encouraged the boys among them to pursue a legal career. Sh…
A federal judicial doctrine that operates to exclude from evidence a confession that is obtained from a person who was not brought before a judicial officer promptly after the person's arrest. The McNabb-Mallory rule, which is applicable only in federal prosecutions, derives from the U.S. Supreme Court cases of McNabb v. United States, 318 U.S. 332, 63 S. Ct. 608, 87 L. Ed. 819 (1943), and …
The legal relationship between a father or mother and his or her offspring. The relationship between parent and child is of fundamental importance to U.S. society, because it preserves the safety and provides for the nurture of dependent individuals. For this reason, the parent-child relationship is given special legal consideration. Increasingly, local, state, and federal governments have become …
A charge or claim upon the property of another individual as security for a debt that is created in order to obtain priority of payment of the price or value of work that is performed and materials that are provided in the erection or repair of a building or other structure. A sample mechanic's lien …
Things indispensable, or things proper and useful, for the sustenance of human life. Courts rarely let themselves be involved in family disputes concerning necessaries while the marriage is ongoing. Depending on a couple's income, what is deemed "necessary" will vary widely. Although the level at which a spouse is to be maintained during marriage should correspond to the coupl…
An enterprise, which is also known as a parent corporation, that owns more than 50 percent of the voting shares of its subsidiary. …
The Court heard arguments on Dred Scott in 1855 and 1856. A key issue was whether African Americans could be citizens of the United States, even if they were not slaves. Daniel was a loyal southerner, holding in his concurring opinion that African Americans who had been freed since the enactment of the Constitution could never be citizens. The Framers had not contemplated the prospect of gran…
A settlement of a dispute or controversy by setting up an independent person between two contending parties in order to aid them in the settlement of their disagreement. The individual who intervenes in order to help the other parties settle their dispute is called a mediator. …
[Latin, With equal right.] Upon an equal footing; having the same rights or claims. …
The specific powers and duties of the U.S. Congress are enumerated in several places in the Constitution. The most important listing of these powers is in Article I, Section 8, which identifies in 17 paragraphs the many important powers of Congress. The last paragraph grants to Congress the flexibility to create laws or otherwise to act where the Constitution does not give it the explicit authorit…
[Latin, In equal fault.] The doctrine, also known as in pari delicto, that provides that courts will not enforce an invalid contract and that no party can recover in an action where it is necessary to prove the existence of an illegal contract in order to make his or her case. …
Knox was born to privilege on May 6, 1853, in Brownsville, Fayette County, Pennsylvania. His banker father, David S. Knox, financed commercial activities in the region around Pittsburgh. His mother, Rebekah Page Knox, was involved in numerous philanthropic and social organizations, and she encouraged her children in community service pursuits. Knox's early education was in local private sch…
Medicaid furnishes at least five general categories of treatment: inpatient hospital services, outpatient hospital services, laboratory and X-ray services, skilled nursing home services, and physicians' services. Generally, each of these services is available to treat conditions that cause acute suffering, endanger life, result in illness or infirmity, interfere with the capacity for normal…
[Latin, Of the same matter; on the same subject.] The phrase used in connection with two laws relating to the same subject matter that must be analyzed with each other. For example, the federal gift tax provisions supplement the federal estate tax provisions. The two are in pari materia and must be read together because the gift tax provisions were enacted to prevent the avoidance of estate taxes.…
Medical examiners determine such things as the positive identification of a corpse, the time of death, whether death occurred at the location where the corpse was found, and the manner and cause of death. They conduct autopsies and other medical tests to determine any or all of the details of death. They often work in conjunction with a legal team, such as a state prosecutor's office, and w…
A defense asserted by a criminal or civil defendant that he or she had no choice but to break the law. Almost all common-law and statutory definitions of the necessity defense include the following elements: (1) the defendant acted to avoid a significant risk of harm; (2) no adequate lawful means could have been used to escape the harm; and (3) the harm avoided was greater than that caused by brea…
[Latin, By an equal progress; equably; ratably; without preference.] Used especially to describe creditors who, in marshalling assets, are entitled to receive out of the same fund without any precedence over each other. …
A person who alleges negligent medical malpractice must prove four elements: (1) a duty of care was owed by the physician; (2) the physician violated the applicable standard of care; (3) the person suffered a compensable injury; and (4) the injury was caused in fact and proximately caused by the substandard conduct. The burden of proving these elements is on the plaintiff in a malpractice lawsuit.…
A provision found in an employment agreement or a contract of sale of a business that prohibits an employee or seller from competing in the same area or market. A contract for the sale of a business often includes a negative covenant at the insistence of the buyer. A buyer wants to protect and capitalize on the good will of the business he or she buys. He or she must have an opportunity to get to …
Equality in amount or value. Equivalence of prices of farm products to the prices existing at some former date (the base period) or to the general cost of living; equivalence of prices of goods or services in two different markets. The relationship between two currencies such that they are exchangeable for each other at the par or official rate of exchange. …
Unlike other federal programs, Medicare is not supported by a large, federal organizational hierarchy. The federal government enters into contracts with private insurance companies for the processing of Medicare claims. Health care providers must meet state and local licensing laws and standards set by the HCFA in order to qualify for Medicare payments for their services. Medicare is divided into …
An omission to do or perform some work, duty, or act. Special terminology applies to some forms of neglect. Culpable neglect exists where a loss arises from an individual's carelessness, improvidence, or folly. Willful neglect applies to marital cases; it refers to the neglect of one spouse, historically the husband, to provide such essentials as food, shelter, and clothing to the other spo…
The general body of enacted rules and recognized usages governing the procedure of legislative assemblies and other deliberative sessions such as meetings of stockholders and directors of corporations, town meetings, and board meetings. Roberts Rules of Order are an example of such rules. …
The mutual agreement and assent of the parties to a contract to its substance and terms. The "meeting of the minds" that is required to make a contract is not predicated on the subjective purpose or intention of one of the parties that is not brought to the attention of the other party, but it is based on the purpose and intention that has been made known or that, from all the circum…
In 1988, the U.S. Supreme Court reviewed the most famous case involving the use of parody in Hustler Magazine, Inc. v. Falwell, 485 U.S. 46, 108 S. Ct. 816, 99 L. Ed. 2d 41 (1988). In 1983, the adult magazine Hustler published a parody of an advertisement for Campari Liqueur, which featured Jerry Falwell, a nationally recognized evangelist who is well known for his conservative commentary on polit…
Parol refers to verbal expressions or words. Verbal evidence, such as the testimony of a witness at trial. In the context of contracts, deeds, wills, or other writings, parol evidence refers to extraneous evidence such as an oral agreement (a parol contract), or even a written agreement, that is not included in the relevant written document. The parol evidence rule is a principle that preserves th…
The brutality of the crimes in the Megan Kanka case provided the impetus for laws that mandate registration of sex offenders and corresponding community notification. In 1994, Congress passed the Jacob Wetterling Crimes Against Children and Sexually Violent Offender Registration Act, Title 17, 108 Stat.2038, as amended, 42 U.S.C. § 14071. This precursor to a federal Megan's Law condi…
A company or organization that is formed for purposes other than generating a profit. Common examples of membership corporations are religious societies and trade unions. …
The conditional release of a person convicted of a crime prior to the expiration of that person's term of imprisonment, subject to both the supervision of the correctional authorities during the remainder of the term and a resumption of the imprisonment upon violation of the conditions imposed. Parole is the early supervised release of a prison inmate. It is usually regulated by statutes, a…
An informal record, in the form of a brief written note or outline, of a particular legal transaction or document for the purpose of aiding the parties in remembering particular points or for future reference. A memorandum may be used in court to prove that a particular contract was made. For instance, in a real estate transaction, a memorandum can be used to show that the parties to a sale have e…
A court's decision that gives the ruling (what it decides and orders done), but no opinion (reasons for the decision). A memorandum decision is not subject to appeal by the dissatisfied party. …
In maritime law, damage sustained by a ship, cargo, or freight that is not recompensed by contribution from all interests in the venture but must be borne by the owner of the damaged property. Particular average loss is the opposite of general average loss, which denotes contribution by the various interests engaged in a maritime undertaking to recoup the loss of one of them for the voluntary sacr…
As an element of criminal responsibility, a guilty mind; a guilty or wrongful purpose; a criminal intent. Guilty knowledge and wilfulness. Today most crimes, including common-law crimes, are defined by statutes that usually contain a word or phrase indicating the mens rea requirement. A typical statute, for example, may require that a person act knowingly, purposely, or recklessly. …
Conduct that falls below the standards of behavior established by law for the protection of others against unreasonable risk of harm. A person has acted negligently if he or she has departed from the conduct expected of a reasonably prudent person acting under similar circumstances. …
The details of a claim, or the separate items of an account. When these are detailed in an orderly form for the purpose of informing a defendant, the statement is called a bill of particulars. …
The act of leaving an object, such as an automobile or firearm, with another whom the lender knows or should know could use the object to harm others due to such factors as youth or inexperience. …
Relating to trade or commerce; commercial; having to do with the business of buying and selling; relating to merchants. A mercantile agency is an individual or company in the business of collecting data about the financial status, ability, and credit of individuals who are engaged in business. Once this information is compiled, it is sold by the agency to its customers, who are known as subscriber…
Salable; of quality and type ordinarily acceptable among vendors and buyers. An item is deemed merchantable if it is reasonably fit for the ordinary purposes for which such products are manufactured and sold. For example, soap is merchantable if it cleans. In general, a seller or manufacturer is required by law to make products of merchantable quality. In the event that the items do not meet with …
The sum that remains following all permissible deductions, including charges, expenses, discounts, commissions, or taxes. …
A major body of Anglo-Saxon customs that, along with the Dane law and the West Saxon law, continued to constitute the law in England in the days immediately following the Norman Conquest. …
The difference between total assets and liabilities; the sum total of the assets of an individual or business minus the total amount owed to creditors. The net worth of a corporation is ordinarily determined by subtracting the liabilities from the assets, or by adding the capital account to the surplus account, as shown in the balance sheet of the company. …
The persons who are directly involved or interested in any act, affair, contract, transaction, or legal proceeding; opposing litigants. Persons who enter into a contract or other transactions are considered parties to the agreement. When a dispute results in litigation, the litigants are called parties to the lawsuit. U.S. law has developed principles that govern the rights and duties of parties. …
The state of a nation that takes no part in a war between two or more other powers. The law of neutrality that emerged from the nineteenth century was codified in several of the Hague Conferences of 1907, including No. 3, Convention Relative to the Opening of Hostilities (requiring notice to neutrals of a state of war); No. 5, Convention Respecting Rights and Duties of Neutral Powers and Persons i…
The co-ownership of real and personal property can have many benefits to the parties. But when there is discord and the owners cannot agree on the use, improvement, or disposition of the property, all states have laws that permit the remedy of partition. Most cases of partition involve real property. Persons can own property as tenants in common or joint tenants. As common owners of the property, …
The combination or fusion of one thing or right into another thing or right of greater or larger importance so that the lesser thing or right loses its individuality and becomes identified with the greater whole. In contract law, agreements are merged when one contract is absorbed into another. The merger of contracts is generally based on the language of the agreement and the intent of the partie…
Although the Republicans knew that the Democratic presidential candidate would more than likely win, they nominated Hoover again in 1932. The Democratic nominee, Franklin D. Roosevelt, won all but six states and received 22 million votes, as compared to Hoover's 15 million Roosevelt came from a wealthy family, had served as assistant secretary of the navy and as governor of New York, and ha…
Mercer Beasley was an eminent New Jersey jurist. He was born March 27, 1815, in Philadelphia, Pennsylvania, to Frederick and Maria Beasley. He studied at the College of New Jersey (now Princeton) but only for a year, after which he studied the law. He was admitted to the bar in 1838 and established a successful legal practice in Trenton, New Jersey. He became active in local politics, first as a W…
The New Party is a grassroots progressive political organization that focuses on local elections and uses the concept of multiple-party nomination or "fusion" to build coalitions with other like-minded organizations and political parties. Despite a major setback from a 1997 U.S. Supreme Court decision which held that states are not required to permit fusion, the New Party, which uses…
The first constitution of the state of New York was adopted on Sunday, April 20, 1777, at Kingston, New York, by a convention of delegates empowered by the people of the colony to establish a state government. It marks the birth of the state of New York. The constitution was not submitted to the people for ratification, but it became effective immediately upon its adoption by the convention. On Ap…
The OCS administers the Community Services block grant and discretionary grant programs established by section 672 (95 Stat. 511; 42 U.S.C. 9901) and 681 (95 Stat. 518; 42 U.S.C. 9910) of the Reconciliation Act. The office awards approximately $4 billion in block grants and $47 million in discretionary grants. It also provides grant money and technical assistance to the over three thousand Communi…
At trial Sullivan proved that the advertisement contained a number of minor inaccuracies about described incidents. The jury had to determine whether the statements in the advertisement were "of and concerning" Commissioner Sullivan. The judge instructed the jury that under Alabama law, if the statements were found libelous, falsity and malice were presumed, and damages could be awar…
The actions against the Times and the Post were rushed through the courts because of the unique national importance of the issues and the widespread national public attention the cases were receiving. Although the federal district courts both refused to issue a permanent injunction against publication of the Pentagon Papers, publication was temporarily enjoined pending appeals by the United States…
Methods by which corporations legally unify ownership of assets formerly subject to separate controls. A merger or acquisition is a combination of two companies where one corporation is completely absorbed by another corporation. The less important company loses its identity and becomes part of the more important corporation, which retains its identity. A merger extinguishes the merged corporation…
System used by federal and state governments for hiring and promoting governmental employees to civil service positions on the basis of competence. The merit system uses educational and occupational qualifications, testing, and job performance as criteria for selecting, hiring, and promoting civil servants. It began in the federal government circa 1883. The merit system was established to improve …
An individual who acts on behalf of another individual who does not have the legal capacity to act on his or her own behalf. State statutes now set the qualifications and duties of a person who acts as a next friend, but these laws more commonly designate this person a guardian ad litem, or a court-appointed special advocate. Regardless of the designation, this person's responsibilities are…
The Merit Systems Protection Board (MSPB) ensures that federal civil servants are hired and retained based on merit. In overseeing the personnel practices of the federal government, the board conducts special studies of the merit systems; hears and decides charges of wrongdoing and employment appeals of adverse agency actions; and orders corrective disciplinary actions against an executive agency …
The blood relatives entitled by law to inherit the property of a person who dies without leaving a valid will, although the term is sometimes interpreted to include a relationship existing by reason of marriage. …
The strict legal rights of the parties to a lawsuit. The word merits refers to the substance of a legal dispute and not the technicalities that can affect a lawsuit. A judgment on the merits is the final resolution of a particular dispute. …
[Latin, Nothing.] The abbreviated designation of a statement filed by a sheriff or constable with a court describing his or her unsuccessful attempts to serve a writ, notice, or process upon the designated person. The term nil is a contracted form of nihil. …
Intermediate; intervening; the middle between two extremes, especially of rank or time. In feudal law, an intermediate lord; a lord who stood between a tenant and the chief lord; a lord who was also a tenant. …
Nimmer was born June 6, 1923. He graduated from the University of California at Berkeley in 1947 and from Harvard Law School in 1950. After law school he obtained a position in the legal department at Paramount Pictures where he remained until 1957 when he entered private practice. Nimmer continued to be involved with the motion picture industry, however, and served as general counsel to the Write…
The boundary lines of land, with their terminal points and angles. A way of describing land by listing the compass directions and distances of the boundaries. It is often used in connection with the Government Survey System. …
Patricia Ireland. AP/WIDE WORLD PHOTOS beginning to feel a shift in its ranks and the United States was experiencing a renewed interest in the feminist movement. Ireland was born October 19, 1945, in Oak Park, Illinois. She grew up on a farm in Valparaiso, Indiana, where her family raised honeybees. She is the younger of two daughters of James Ireland and Joan Filipek (older sister Kathy wa…
The scope of U.S.-Mexican relations goes far beyond diplomatic and official contacts, entailing extensive commercial, cultural, and educational ties. More than one million legal crossings are made from Mexico to the United States every day. Along the 2,000-mile shared border, state and local governments interact closely. The two countries seek to resolve many issues, ranging from combating narcoti…
The Nineteenth Amendment to the U.S. Constitution reads: The Nineteenth Amendment was enacted in 1920, after a 70-year struggle led by the women's suffrage movement. The movement then suffered a series of setbacks beginning in January 1878 when the voting rights amendment was first introduced in Congress. The full Senate did not consider the amendment until 1887 and voted to defeat the bill…
An association of two or more persons engaged in a business enterprise in which the profits and losses are shared proportionally. The legal definition of a partnership is generally stated as "an association of two or more persons to carry on as co-owners a business for profit" (Revised Uniform Partnership Act § 101 [1994]). Early English mercantile courts recognized a business…
In Michigan v. Tucker, the Court was confronted with a suspect in a brutal rape whose interrogation had occurred prior to the Court's ruling in Miranda. Nevertheless, the police officers who interrogated Thomas W. Tucker advised him of his right to remain silent and his right to an attorney. They did not advise him, however, that he had a right to a free lawyer. Tucker waived his rights and…
For taxpayers who reside outside the United States, the time period is extended to 150 days. …
Any person involved in a transaction or proceeding. A group of voters organized for the purpose of influencing governmental policy, particularly through the nomination and election of candidates for public office. In the United States, the Democrats and the Republicans make up the two major national political parties. …
The Republicans could not tolerate this bold maneuver. Enraged, Jefferson declared that "the Federalists have retired into the judiciary as a stronghold" where his own party's efforts would be "beaten down and erased." Once in power the Republicans quickly repealed the 1801 act, thus restoring the original jurisdictional authority of the federal courts. But remov…
A phrase used in a document to avoid repeating the name of the persons first mentioned in it. …
Certain species of birds that traverse the U.S. and Canada, including these snow geese, are protected by the Migratory Bird Act of 1918. The Supreme Court held that this treaty, and others like it, must prevail over state law, even if a federal statute concerning the same matter would be held unconstitutional. AP/WIDE WORLD PHOTOS The Migratory Bird Treaty of 1918 between the United States …
The Ninth Amendment to the U.S. Constitution reads: The Ninth Amendment to the U.S. Constitution is somewhat of an enigma. It provides that the naming of certain rights in the Constitution does not take away from the people rights that are not named. Yet neither the language nor the history of the Ninth Amendment offers any hints as to the nature of the rights it was designed to protect. The Feder…
[Latin, Unless before.]…
The rules of military government are established in various international agreements, primarily the Hague Conference of 1907 and the Geneva Conference of 1949. These documents provide guidelines on such topics as rights and duties of the occupying power, protection of civilians, treatment of prisoners of war, coordination of relief efforts, property rights of the ousted state, and other wartime an…
A partition erected on a property boundary, partly on the land of one owner and partly on the land of another, to provide common support to the structures on both sides of the boundary. …
The Court's decision made clear that the federal government had the constitutional authority to regulate labor relations. Hughes reasoned that labor strife, including strikes, affected interstate commerce. He stressed that the Commerce Clause was broad enough to permit Congress to extend its regulations to both interstate commerce and to any activity that affected commerce, directly or indi…
As a verb, to utter or pronounce, as when the court passes sentence upon a prisoner. Also to proceed; to be rendered or given, as when judgment is said to pass for the plaintiff in a suit. In legislative parlance, a bill or resolution is said to pass when it is agreed to or enacted by the house, or when the body has sanctioned its adoption by the requisite majority of votes; in the same circumstan…
Park Benjamin was an eminent patent lawyer and author. Benjamin was born May 11, 1849. A graduate of the U.S. Naval Academy in 1867, he left the Navy in 1869 and earned a bachelor of laws degree from Albany Law School in 1870. From 1872 to 1878, Benjamin was associate editor of the Scientific American and became editor-in-chief of Appleton's Cyclopaedia of Applied Mechanics in 1893. Benjami…
When the grand jury agrees that the evidence is sufficient to establish the commission of a crime, it returns an indictment endorsed by the grand jury foreman with the phrase true bill to indicate that the information presented before it is sufficient to justify the trial of the suspect. …
[Latin, Everywhere.] A term frequently used to indicate a general reference to a book or legal authority. …
Mililani B. Trask, a native Hawaiian attorney, is the leader of a Hawaiian sovereignty movement that seeks the establishment of a separate nation for native Hawaiians and the return of the state-managed lands to which native Hawaiians are legally entitled. Trask returned to Hawaii and joined the growing native struggle over land control and development. She began community organizing on sovereignt…
The authority of the government to maintain a military and to develop rules and regulations governing it is found in Article I, Section 8, of the Constitution, which grants Congress the power to provide for the common defense and to raise and support armed forces. …
The English translation of a nolo contendere plea used in criminal cases. Generally the terms nolo contendere and no contest are used inter-changeably in the legal community. The operation of a no contest plea is similar to a plea of guilty. A defendant who enters a no contest plea concedes the charges alleged without disputing or admitting guilt and without offering a defense. No contest has a di…
A document that indicates permission granted by a sovereign to its citizen to travel to foreign countries and return and requests foreign governments to allow that citizen to pass freely and safely. In maritime law, a passport is a document issued to a neutral vessel by its own government during a war that is carried on the voyage as evidence of the nationality of the vessel and as protection…
A kind of automobile insurance that provides that each driver must collect the allowable amount of money from his or her own insurance carrier sub-sequent to an accident regardless of who was at fault. No-fault insurance is required by statute in a number of states. …
An abbreviation displayed prominently on an invention for which an application for a patent has been made but has not yet been issued. …
Open; manifest; evident. A patent defect in a legal description is one that cannot be corrected so that a new description must be used. …
A group of private citizens who train for military duty in order to be ready to defend their state or country in times of emergency. A militia is distinct from regular military forces, which are units of professional soldiers maintained both in war and peace by the federal government. The American militia system has its roots in ancient English tradition, dating back to the Anglo-Saxon militia tha…
[Latin, Will not prosecute.] The term nolle prosequi is used in reference to a formal entry upon the record made by a plaintiff in a civil lawsuit or a prosecutor in a criminal action in which that individual declares that he or she wishes to discontinue the action as to certain defendants, certain issues, or altogether. A nolle prosequi is commonly known as nol pros. …
Under the direction of the secretary of commerce, the PTO is run by the commissioner of patents and trademarks, a deputy commissioner, several assistant commissioners, and a support staff of more than 1,000 employees. The primary job of the commissioners is to review the merits of patent and trademark applications. Patents are typically issued upon a showing that a particular applicant has discove…
One-tenth of one cent: $0.001. A mill rate is used by many localities to compute property taxes. For example, some states levy a one-time nonrecurring tax of two mills per dollar (0.2%) on the fair market value of all notes, bonds, and other obligations for payment of money that are secured by mortgage, deed of trust, or other lien on real property in lieu of all other taxes on such property. …
[Latin, I will not contest it.] A plea in a criminal case by which the defendant answers the charges made in the indictment by declining to dispute or admit the fact of his or her guilt. The defendant who pleads nolo contendere submits for a udgment fixing a fine or sentence the same as if he or she had pleaded guilty. The difference is that a plea of nolo contendere cannot later be used to prove …
An open court order in earlier times; a writ that was not folded and sealed up as a close writ would be. …
Trifling, token, or slight; not real or substantial; in name only. Nominal capital, for example, refers to extremely small or negligible funds, the use of which in a particular business is incidental. …
Minimal money damages awarded to an individual in an action where the person has not suffered any substantial injury or loss for which he or she must be compensated. This kind of damages reflects a legal recognition that a plaintiff's rights have been violated through a defendant's breach of duty or wrongful conduct. The amount awarded is ordinarily a trifling sum, such as a dollar, …
[Latin, Not.] A common prefix used to indicate negation. For example, the term non sequitur means "it does not follow." …
[Latin, He does not pursue, or follow up.] The name of a judgment rendered by a court against a plaintiff because he or she fails to take any necessary steps, in legal proceedings, within the period prescribed for such proceedings by the practice of court. When a judgment of non prosequitur is entered against the plaintiff, he or she has failed to properly pursue the lawsuit and cannot subsequentl…
[Latin, Not his own master.] A term applied to an individual who lacks the legal capacity to act on his or her own behalf, such as an infant or an insane person. …
[Latin, He does not wish to contest it.] A type of plea that can be entered by a defendant who is unwilling to admit guilt but is willing to submit to the court for sentencing. The term, sometimes abbreviated non vult, is a variation of nolo contendere, which has the same meaning. …
Infancy or minority; lack of requisite legal age. …
A contract limiting a party from competing with a business after termination of employment or completion of a business sale. The rationale behind noncompete agreements is an employer's self-interest. Typically, companies invest heavily in the training of their employees. Similarly, they have an interest in protecting their customer base, trade secrets, and other information vital to their s…
Most municipal governments have enacted zoning ordinances that regulate the development of real estate within the municipality. The municipality is divided into zoning districts that permit a particular use of property: residence, business, or industry. Within these three main types of zoning districts, population density and building height may also be restricted. Zoning attempts to conserve the …
The intentional failure to perform a required duty or obligation. Originally the failure to take affirmative steps to prevent harm did not create liability, and this rule was absolute. Over the years courts have recognized a number of situations in which a person who does not create a dangerous situation must nevertheless act to prevent harm. Generally a person will not be held liable for a failur…
Melville Madison Bigelow achieved prominence as an author, legal historian, and a founder of Boston University Law School. Bigelow was born August 2, 1846, in Eaton Rapids, Michigan. He was educated at the University of Michigan, where he earned a bachelor of arts degree in 1866, a bachelor of laws degree in 1868, and a master of arts degree in 1871. He also received a master of arts degree and a …
A corporation or an association that conducts business for the benefit of the general public without shareholders and without a profit motive. Nonprofit corporations differ from profit-driven corporations in several respects. The most basic difference is that nonprofit corporations cannot operate for profit. That is, they cannot distribute corporate income to shareholders. The funds acquired by no…
Fuller withdrew from day-to-day politics after he married Mary Ellen Coolbaugh, the daughter of a prominent Chicago banker, in 1866. His law practice thrived because of this family connection, and with his new wealth, he invested in real estate. Fuller specialized in appellate practice, appearing before the U.S. Supreme Court many times. Melville W. Fuller. LIBRARY OF CONGRESS With its…
The law governing the ownership, sale, and operation of mines, quarries, and wells, and the rights to natural resources found in the earth. The extraction of natural resources from the earth is governed by specific laws dealing with mines and minerals. Federal and state governments have mine and mineral laws to protect the health and safety of miners, encourage the efficient use of natural resourc…
A broad term for any of several ways to terminate a legal action without an actual determination of the controversy on the merits. For instance, a judgment of nonsuit may be granted against a plaintiff who either fails to pursue, or abandons, the action. …
An interest in minerals in land, with or without ownership of the surface of the land. A right to take minerals or a right to receive a royalty. Mineral right is a term encompassing all the ways a person can have a possessory interest in minerals in the ground. It includes the right to enter the land and occupy it in order to remove the minerals. Mineral rights can be retained when land is sold or…
The failure of one individual to provide financial maintenance for another individual in spite of a legal obligation to do so. …
During the era of Western settlement in the middle of the nineteenth century, various forms of primitive legal practices were instituted to bring order to the frontier; many formal legal codes evolved from these early precepts, including the Miner's Codes. Originally the codes were various traditional laws that were respected throughout mining camps in the West. The codes were recorded, and…
The minimum hourly rate of compensation for labor, as established by federal statute and required of employers engaged in businesses that affect interstate commerce. Most states also have similar statutes governing minimum wages. The original campaign for minimum-wage legislation in the United States began at the state level and resulted from growing public concern about the prevalence of sweatsho…
Done under the direction of a supervisor; not involving discretion or policymaking. Ministerial describes an act or a function that conforms to an instruction or a prescribed procedure. It connotes obedience. A ministerial act or duty is a function performed without the use of judgment by the person performing the act or duty. …
The North American Free Trade Agreement (NAFTA) was made between the United States, Canada, and Mexico, and took effect January 1, 1994. Its purpose is to increase the efficiency and fairness of trade among the three nations. At the heart of NAFTA is a simple goal: the elimination of tariffs—the taxes each nation imposes on the others' imports—and other bureaucratic and legal …
The minitrial is an alternative dispute resolution (ADR) procedure that is used by businesses and the federal government to resolve legal issues without incurring the expense and delay associated with court litigation. The mini-trial does not result in a formal adjudication but is a vehicle for the parties to arrive at a solution through a structured settlement process. It is used most effectively…
Rights, granted to inventors by the federal government, pursuant to its power under Article I, Section 8, Clause 8, of the U.S. Constitution, that permit them to exclude others from making, using, or selling an invention for a definite, or restricted, period of time. The U.S. patent system is designed to encourage inventions that are useful to society by granting inventors the absolute right to ex…
NATO's military forces are organized into three main commands: the Atlantic Command, the Channel Command, and the Allied Command Europe. During peacetime, the three commands plan the defense of their areas and oversee and exercise the forces of member nations. The supreme Allied commander in Europe directs these units. Every supreme Allied commander through 1997 has been a U.S. general. NAT…
In the 1952 International Convention for the High Seas Fisheries of the North Pacific Ocean, Canada, Japan, and the United States joined together to establish cooperative measures for the conservation of the fishery stock of the North Pacific. The tripartite negotiations resulted in the creation of the International North Pacific Fisheries Commission, which, in addition to its duty to gather and c…
The Northwest Atlantic Fisheries Convention was held in Washington, D.C., in 1949. Its purpose was to conserve the fishery resources of the North Atlantic. The convention established the International Commission for Northwest Atlantic Fisheries. …
The state or condition of a father; the relationship of a father. This rule was developed at a time when no medical tests existed to prove paternity. In addition, a husband could not testify that he had no access to his wife at the time of conception. A husband could rebut the marital presumption only by proving his impotence or his absence from the country. By the late nineteenth century, U.S. co…
An account where official proceedings are recorded. A minute book refers to a book kept by the clerk of a court for recording a summary of all the judicial orders in a proceeding. The records are identified by case numbers. It also refers to a record of official actions taken at a meeting of a board of directors or of the stockholders of a corporation. …
The ordinance, passed by Congress in July 1787, was significant in providing a framework for the admission of territories into the Union as states. A government composed of a governor, a secretary, and three judges appointed by Congress was established in the region north of the Ohio River. When the population of the territory reached 5,000, the inhabitants were authorized to elect a legislature a…
A civil action brought against an unwed father by an unmarried mother to obtain support for an illegitimate child and for payment of bills incident to the pregnancy and the birth. A paternity suit, also known as an affiliation proceeding, is a criminal proceeding in certain states. Generally the unwed mother initiates a paternity suit; in some jurisdictions, however, if the mother is a minor, proc…
The written record of an official proceeding. The notes recounting the transactions occurring at a meeting or official proceeding; a record kept by courts and corporations for future reference. …
The origin of notaries public can be traced to ancient Rome, where a notarius was held in high regard as legal counsel. During that era only the few people who knew how to write were qualified to serve as a notarius. A notarius wrote legal documents, including contracts and wills, and retained them for safekeeping. A small fee was charged for those services, a tradition that continued to modern ti…
A legal proceeding resulting in a prejudicial out-come. A miscarriage of justice arises when the decision of a court is inconsistent with the substantive rights of a party. …
Gandhi was born in western India in 1869. Just 11 years earlier (in 1858), Britain had declared India a loyal colony. The young Gandhi completed a British-style high school education and was greatly impressed with British manners, genteel culture, and Christian beliefs. He aspired to become a barrister at law, but was prohibited from doing so by the local head of his Hindu caste in Bombay. His fir…
Information; knowledge of certain facts or of a particular state of affairs. The formal receipt of papers that provide specific information. Actual notice is information given to the party directly. The two kinds of actual notice are express notice and implied notice. An individual is deemed to have been given express notice when he or she actually hears it or reads it. Implied notice is deduced o…
A judicial procedure in early England whereby a certain number of men in a community were called together to hear and decide a dispute; a type of court. A type of writ, commanding the convening of such a tribunal in order to determine disputed rights to possess land. An edict or statute issued by an ancient assembly. The word assize comes from the Latin assideo, which describes the fact that the m…
The substitution of a new contract for an old one. The new agreement extinguishes the rights and obligations that were in effect under the old agreement. A novation ordinarily arises when a new individual assumes an obligation to pay that was incurred by the original party to the contract. It is distinguishable from the situation that occurs when another individual makes a guarantee that a debtor …
Generally, a civil defendant will be liable for misfeasance if the defendant owed a duty of care toward the plaintiff, the defendant breached that duty of care by improperly performing a legal act, and the improper performance resulted in harm to the plaintiff. For example, assume that a janitor is cleaning a restroom in a restaurant. If he leaves the floor wet, he or his employer could be liable …
The NPT distinguishes between nuclear-weapon states and non-nuclear-weapon states. It identifies five nuclear-weapon states: China, France, the Soviet Union, the United Kingdom, and the United States. Article II forbids non-nuclear-weapon states that are parties to the treaty to manufacture or otherwise acquire nuclear weapons or nuclear explosive devices. Article III concerns controls and inspect…
The failure to perform a public duty. Misprision is a versatile word that can denote a number of offenses. It can refer to the improper performance of an official duty. In Arkansas, for example, rule 60 of the Arkansas Rules of Civil Procedure provides that a judgment, decree, or order may be vacated or modified "for misprisions of the clerk." In this sense misprision refers to negle…
A form of energy produced by an atomic reaction, capable of producing an alternative source of electrical power to that supplied by coal, gas, or oil. Congress amended the Atomic Energy Act in 1954 (68 Stat. 919) to encourage the private commercial development of nuclear power. The act ended the federal government's monopoly over nonmilitary uses of nuclear energy and allowed private owners…
Noah H. Swayne. ARCHIVE PHOTOS, INC. Swayne retired from the Court in 1881. He died on June 8, 1884, in New York City. …
An assertion or manifestation by words or conduct that is not in accord with the facts. To create liability for the maker of the statement, a misrepresentation must be relied on by the listener or reader. Also, the speaker must know that the listener is relying on the factual correctness of the statement. Finally, the listener's reliance on the statement must have been reasonable and justif…
United States. It licenses and regulates the uses of nuclear energy to protect public health and safety, and the environment. The NRC's prime responsibility is to ensure that the more than 100 commercial nuclear power plants in the United States conform to its regulations. It also regulates the use of nuclear materials in the diagnosis and treatment of cancer, in sterilizing instrument…
The legal interests of persons who submit to medical treatment. For many years, common medical practice meant that physicians made decisions for their patients. This paternalistic view has gradually been supplanted by one promoting patient autonomy, whereby patients and doctors share the decision-making responsibility. Consequently doctor-patient relationships are very different now than they were…
The issue of slavery had been troublesome since the drafting of the Constitution. Slave-holding states, concerned that they would be outvoted in Congress because their white population was much smaller than that of the free states, extracted concessions. Under the Constitution, representation of the U.S. House of Representatives was based on the total white population and three-fifths of the black…
The practice or custom observed by a political official of filling government positions with qualified employees of his or her own choosing. When the candidate of a political party wins an election, the newly elected official has the right to appoint a certain numbers of persons to jobs in the government. This is the essence of the patronage system, also known as the spoils system ("To the …
Matthew Hale Carpenter was born December 22, 1824, in Moretown, Vermont. He attended the U.S. Military Academy from 1843 to 1845 and was admitted to the Vermont bar in 1847. His real name was Decatur Merritt Hammond Carpenter and although he was educated in Vermont, he established his public career in Wisconsin. Carpenter died February 24, 1881, in Washington, D.C. …
An unintentional act, omission, or error.…
Weapons of mass destruction that are powered by nuclear reaction. Types of nuclear weapons include atom bombs, hydrogen bombs, fission bombs, and fusion bombs. Since the ICJ opinion was delivered in 1996, direct actions by the public in support of nuclear disarmament have increased. Some courts have recognized the legality of such actions. In October 1999, a Scottish judge dismissed a case against…
In the 1990s, she could be seen in John Waters's motion picture Crybaby, and heard as an off-screen caller to a radio talk show on the TV series Frasier. She had appeared on the runways of Paris as a fashion model, wearing a sequined evening gown designed by friend Thierry Mugler. Her story had been told as a movie, Patty Hearst, in which she was played by Natasha Richardson, and even as an…
Invalid; lacking legal force. A statute is nugatory if it has been declared unconstitutional. …
An impoverished person who is supported at public expense; an indigent litigant who is permitted to sue or defend without paying costs; an impoverished criminal defendant who has a right to receive legal services without charge. …
An error that is not caused by the neglect of a legal duty on the part of the person committing the error but rather consists of an unconscious ignorance of a past or present material event or circumstance or a belief in the present existence of a material event that does not exist or a belief in the past existence of a material event that did not exist. Mistake of fact can be a factor in reducing…
In common usage, pawn signifies a pledge of goods, as distinguished from a pledge of intangible personal property, such as a contract right. In a more limited sense, it denotes a deposit of personal property with a pawnbroker as security for a loan. A pawned article is retained until the loan is repaid within a certain time. If it is not repaid on time, the pawnbroker may sell the item. …
A misconception that occurs when a person with complete knowledge of the facts reaches an erroneous conclusion as to their legal effect; an incorrect opinion or inference, arising from a flawed evaluation of the facts. Generally, a mistaken belief about a law is no defense to a violation of that law. All persons are presumed to know and understand the law, except minors, persons who lack mental ca…
A courtroom trial that has been terminated prior to its normal conclusion. A mistrial has no legal effect and is considered an invalid or nugatory trial. It differs from a "new trial," which recognizes that a trial was completed but was set aside so that the issues could be tried again. A judge may declare a mistrial for several reasons, including lack of jurisdiction, incorrect jury…
Justly due; legally enforceable. A sum of money is said to be payable when a person is under an obligation to pay it. The term may therefore signify an obligation to pay at a future time, but when used without qualifi-cation, it ordinarily means that the debt is due to be paid immediately. …
The person who is to receive the stated amount of money on a check, bill, or note. …
The fulfillment of a promise; the performance of an agreement. A delivery of money, or its equivalent in either specific property or services, by a debtor to a creditor. …
Circumstances that may be considered by a court in determining culpability of a defendant or the extent of damages to be awarded to a plaintiff. Mitigating circumstances do not justify or excuse an offense but may reduce the severity of a charge. Similarly, a recognition of mitigating circumstances to reduce a damage award does not imply that the damages were not suffered but that they have been p…
An abbreviation for professional corporation, which is a special corporation established by professionals, such as physicians, accountants, or, in some states, attorneys, who practice together. In most jurisdictions, a professional corporation may be organized by professionals who render a personal service to the public that requires a license and that, before proper statutory organization, could …
The use of reasonable care and diligence in an effort to minimize or avoid injury. In contract law the non-breaching party should mitigate damages or risk a reduction in recovery for the breach. For example, assume that a property owner and home builder contract for the construction of a home in exchange for payment of $50,000. Assume further that the builder begins constructing the home but that …
A legal action to redress harm arising from the use of one's property. …
The posting of money in court, as required by a judge or magistrate, by a person who has threatened to commit a breach of the peace. …
Young was born on October 27, 1874, in Van Hornesville, New York. He graduated from St. Lawrence University in 1894 and earned a law degree from Boston University in 1896. He later completed a doctorate in Hebrew literature in 1923 from St. Lawrence. Young practiced law in Boston from 1896 until 1913, when he moved to New York City where he served as general counsel for the General Electric Compan…
A court order directing a sheriff or other police officer to escort a convict to a prison. A mittimus is a written document. It can command a jailer to safely keep a felon until he or she can be transferred to a prison. A mittimus also refers to the transcript of the conviction and sentencing stages, which is duly certified by a clerk of court. …
Of no legal validity, force, or effect; nothing. As used in the phrase null and void, refers to something that binds no one or is incapable of giving rise to any rights or duties under any circumstances. …
Sheriffs, constables, marshals, city police officers, and other public officials whose duty it is to enforce and preserve the public order. …
For three decades after Lochner, the Court invalidated numerous state and federal laws regulating businesses, including laws that prescribed certain terms and conditions of employment. After West Coast Hotel, the Court adopted a more permissive stance toward such laws, permitting both the state and federal governments to pass reasonable business regulations that benefit society. Roberts's v…
Lawsuits having two purposes: to recover real property and to obtain monetary damages. …
[Latin, Now for then.] When courts take some action nunc pro tunc, that action has retroactive legal effect, as though it had been performed at a particular, earlier date. The most common use of nunc pro tunc is to correct past clerical errors, or omissions made by the court, that may hinder the efficient operation of the legal system. For example, if the written record of a trial court's j…
A test applied to determine whether a person accused of a crime was sane at the time of its commission and, therefore, criminally responsible for the wrongdoing. The M'Naghten rule is a test for criminal insanity. Under the M'Naghten rule, a criminal defendant is not guilty by reason of insanity if, at the time of the alleged criminal act, the defendant was so deranged that she did n…
The oral expression of a person's wishes as to the disposition of his or her property to be performed or to take effect after the person's death, dictated by the person in his or her final illness before a sufficient number of witnesses and afterward reduced to writing. Such wills are invalid in certain states and in others are valid only under certain circumstances. …
The unlawful appropriation, by a depositary of public funds, of the government property entrusted to the care of the depository; the fraudulent diversion to an individual's personal use of money or goods entrusted to that person's care. …
Monetary; relating to money; financial; consisting of money or that which can be valued in money. …
Clifford was born August 18, 1803, in Rumney, New Hampshire, the oldest child and only son in a family with seven children. His English ancestors had moved to the United States in 1644. As a child he worked on his family's small farm in New Hampshire. Although his parents did not encourage him to attend school he was Nathan Clifford. LIBRARY OF CONGRESS able to receive some education…
The ALI was founded in 1923 by a group of American judges, lawyers, and law professors. Its goal was to resolve uncertainty and complexity in American law by promoting clarification and simplicity in the law. Since its founding, the organization has worked with other scholarly organizations to draft model and uniform statutes that may be adopted by the various state legislatures. The ABA also appr…
The first trial took place in Nuremberg, Germany, and involved twenty-four top-ranking survivors of the National Socialist German Workers' Party (Nazi Party). The subsequent trials were held throughout Germany and involved approximately two hundred additional defendants, including Nazi physicians who performed vile experiments on human subjects, concentration camp commandants who ordered th…
The criminal offense of unnatural copulation between men. …
Morrison R. Waite. LIBRARY OF CONGRESS to Waite. Grant's administration had not fared well; choosing one of the heroes of the Geneva victory appeared fortuitous. Although Waite had no experience before the Supreme Court, he accepted the appointment and overcame long odds against success. His status as an outsider and the presence of a strong-minded group of associate justices di…
Any type of attestation by which an individual signifies that he or she is bound in conscience to perform a particular act truthfully and faithfully; a solemn declaration of truth or obligation. An individual's appeal to God to witness the truth of what he or she is saying or a pledge to do something enforced by the individual's responsibility to answer to God. Similarly an affirmati…
Equals; those who are an individual's equals in rank and station. The traditional phrase trial by a jury of his peers means trial by a jury of citizens. …
Members of the American Law Institute (ALI), a group of judges, lawyers, and legal scholars whose purpose is to clarify and improve the law, began working on the Model Penal Code in 1952. The group had abandoned two previous attempts to create a model criminal code. The third attempt took ten years, and the ALI produced numerous drafts, reports, and revisions. Herbert Wechsler, a Columbia Law Scho…
[Latin, By the way.] Words of an opinion entirely unnecessary for the decision of the case. A remark made or opinion expressed by a judge in a decision upon a cause, "by the way", that is, incidentally or collaterally, and not directly upon the question before the court or upon a point not necessarily involved in the determination of the cause, or introduced by way of illustration, o…
Patrick Henry was a leading statesman and orator at the time of the American Revolutionary War. Several of Henry's speeches have remained vivid documents of the revolutionary period, with "Give me liberty or give me death" his most remembered statement. Henry was born May 29, 1736, in Hanover County, Virginia. Though Henry attended public school for a short time, he was largel…
A change or alteration in existing materials. Modification generally has the same meaning in the law as it does in common parlance. The term has special significance in the law of contracts and the law of sales. The parties to a completed and binding contract are free to change the terms of the contract. Changes to a preexisting contract are called contract modifications. If the parties agree to m…
As a verb, to take exception to something; to declare or express the belief that something is improper or illegal. As a noun, the thing sought to be accomplished or attained; aim; purpose; intention. One might, for example, object to the admission of particular evidence at a trial. The object of a civil suit, for example, might be to be compensated in the form of damages for an injury incurred. …
A device that decodes or records electronic impulses, allowing outgoing numbers from a telephone to be identified. The use of pen registers is governed by a 1986 federal statute, Pen Registers and Trap and Trace Devices (18 U.S.C.A. §§ 3121–3127). The statute also governs the use of trap devices, which are used to identify the originating number from which the wire or electron…
[Latin, Method of working.] A term used by law enforcement authorities to describe the particular manner in which a crime is committed. The term modus operandi is most commonly used in criminal cases. It is sometimes referred to by its initials, M.O. The prosecution in a criminal case does not have to prove modus operandi in any crime. However, identifying and proving the modus operandi of a crime…
A formal attestation or declaration of disapproval concerning a specific point of law or procedure during the course of a trial; a statement indicating disagreement with a judge's ruling. Some laws provide that an appeal to a higher tribunal can be based only upon errors objected to during the course of a trial conducted in a lower court. An error that initially slips by without any objecti…
Punishable; inflicting a punishment.…
One-half. Joint tenants own their estate by the moiety. …
A principle in U.S. law that the existence of a contract is determined by the legal significance of the external acts of a party to a purported agreement, rather than by the actual intent of the parties. Whatever the specific origin of objective theory may be, it is clear that by the late nineteenth century American law had generally adopted it. Since then the theory has been heatedly debated amon…
A punitive measure that the law imposes for the performance of an act that is proscribed, or for the failure to perform a required act. Penalty is a comprehensive term with many different meanings. It entails the concept of punishment—either corporal or pecuniary, civil or criminal—although its meaning is usually confined to pecuniary punishment. The law can impose a penalty, and a p…
Born Patricia McGowan on September 16, 1928, and raised in the manufacturing town of Torrington, Connecticut, Wald spent her summers working in the brass mills. Through this experience, she became involved in her first cause—the protection of working class people. Later, after graduating first in her class from Connecticut College for Women, she decided she could better help people if she o…
