law v2

absolute immunity

a type of sovereign immunity for all government officials and government employees that confers total immunity when acting in the course of their duties

additur

a legal term referring to the practice of a trial judge adding damages additional to the original amount awarded by the jury.

adjournment in contemplation of dismissal

allows a court to defer the disposition of a defendant's case, with the potential that the defendant's charge will be dismissed if the defendant does not engage in additional criminal conduct or other acts prohibited by the court as a condition of the ACD

affinity

the kinship relationship created or that exists between two people as a result of someone's marriage

agent provocateur

a person who commits, or who acts to entice another person to commit, an illegal or rash act or falsely implicates them in partaking in an illegal act, so as to ruin the reputation of, or entice legal action against, the target, or a group they belong to or are perceived to belong to. They may target any group, such as a peaceful protest or demonstration, a union, a political party or a company.

alford plea

a guilty plea in criminal court,[8][9][10] whereby a defendant in a criminal case does not admit to the criminal act and asserts innocence,[11][12][13] even if the evidence presented by the prosecution would be likely to persuade a judge or jury to find the defendant guilty beyond a reasonable doubt.[5][14][15][16][17] This can be caused by circumstantial evidence and testimony favoring the prosecution and difficulty finding evidence and witnesses that would aid the defense

allonge

a slip of paper affixed to a negotiable instrument, as a bill of exchange, for the purpose of receiving additional endorsements for which there may not be sufficient space on the bill itself.

ambulance chasing

a term which refers to a lawyer soliciting for clients at a disaster site. The term "ambulance chasing" comes from the stereotype of lawyers who follow ambulances to the emergency room to find clients

Amnesty Law

a law that provides immunity for past crime

anecdotal evidence

evidence based only on personal observation, collected in a casual or non-systematic manner.

angary

the right of a belligerent (most commonly, a government or other party in conflict) to seize and use, for the purposes of war or to prevent the enemy from doing so, any kind of property on belligerent territory - including what may belong to subjects or citizens of a neutral state

argument in the alternative

a strategy in which a lawyer advances several competing (and possibly mutually exclusive) arguments in order to pre-empt objections by his adversary, with the goal of showing that regardless of interpretation there is no reasonable conclusion other than the advocate's.[1] The notion is closely related to alternative pleading, and the two terms are sometimes used interchangeably.

attachment of earnings

a legal process in civil litigation by which a defendant's wages or other earnings are taken to pay for a debt.

bailment

a legal relationship in common law, where the owner transfers physical possession of personal property ("chattel") for a time, but retains ownership

barratry

a legal term that, at common law, described a criminal offense committed by people who are overly officious in instigating or encouraging prosecution of groundless litigation,[1] or who bring repeated or persistent acts of litigation for the purposes of profit or harassment

belligerent

an individual, group, country, or other entity that acts in a hostile manner, such as engaging in combat.

bottomry

an arrangement in which the master of a ship borrows money upon the bottom or keel of it, so as to forfeit the ship itself to the creditor, if the money with interest is not paid at the time appointed at the ship's safe return

casus belli

an act or an event that either provokes or is used to justify a war.

Champerty

the financial support, by a party not naturally concerned in the suit, of a plaintiff that allows them to prosecute a lawsuit on condition that, if it be brought to a successful issue, the plaintiff will repay them with a share of the proceed from the suit

charitable immunity

immunity from liability granted to charities in many countries from the 19th century to the mid-20th century

Such immunities may be granted by law or, for witness immunity, by prosecutors or other authorities on a case-by-case basis, commonly as an agreement with the witnesses.

class action wavier

a provision found in some contracts which prohibits a party from filing a class action legal proceeding against the other party, or both parties waiving the right to file class actions against each other.

codification

the process of collecting and restating the law of a jurisdiction in certain areas, usually by subject, forming a legal code, i.e. a codex (book) of law.

Collateral consequences of criminal conviction

the additional civil state penalties, mandated by statute, that attach to a criminal conviction. They are not part of the direct consequences of criminal conviction, such as prison, fines, or probation. They are the further civil actions by the state that are triggered as a consequence of the conviction

collateral estoppel

a common law estoppel doctrine that prevents a person from relitigating an issue

collegatary

a person to whom is left a legacy, as imparted by a will, in common with one or more other individuals; so called as being a joint legatary, or co-legatee.

Command Responsibility

the legal doctrine of hierarchical accountability for war crimes, whereby a commanding officer (military) and a superior officer (civil) is legally responsible for the war crimes and the crimes against humanity committed by his subordinates; thus, a commanding officer always is accountable for the acts of commission and the acts of omission of his soldiers.

comparative negligence

a partial legal defense that reduces the amount of damages that a plaintiff can recover in a negligence-based claim, based upon the degree to which the plaintiff's own negligence contributed to cause the injury.

comparative responsibility

a doctrine of tort law that compares the fault of each party in a lawsuit for a single injury. Comparative responsibility may apply to intentional torts as well as negligence and encompasses the doctrine of comparative negligence.

compensatory damages

paid to compensate the claimant for loss, injury, or harm suffered by the claimant as a result of another's breach of duty that caused the loss

condonation

a defence argument sometimes made when an accuser has previously forgiven or chosen to ignore an act about which they are now legally complaining. In some legal jurisdictions, and for certain behaviors, it may prevent the accuser from prevailing.

consanguinity

the characteristic of having a kinship with another person (being descended from a common ancestor).

Constructive Possession

a legal fiction to describe a situation in which an individual has actual control over chattels or real property without actually having physical control of the same assets. At law, a person with constructive possession stands in the same legal position as a person with actual possession

contributory copyright infringement

a way of imposing secondary liability for infringement of a copyright. It is a means by which a person may be held liable for copyright infringement even though he or she did not directly engage in the infringing activity.

controlling law

a legal term used in contracts, trusts, or other legal documents. It refers to the laws of the state which will be relied upon in settling disputes, and is often stated as one of the provisions in an official agreement between two parties

conversion

an intentional tort consisting of "taking with the intent of exercising over the chattel an ownership inconsistent with the real owner's right of possession"

conveyancing

the transfer of legal title of real property from one person to another, or the granting of an encumbrance such as a mortgage or a lien.

courtesy tenure

the legal term denoting the life interest which a widower (i.e. former husband) may claim in the lands of his deceased wife, under certain conditions

Coverture

a legal doctrine in the English common law in which a married woman's legal existence was considered to be merged with that of her husband, so that she had no independent legal existence of her own.

Creditor's rights

the procedural provisions designed to protect the ability of creditors—persons who are owed money—to collect the money that they are owed. These provisions vary from one jurisdiction to another, and may include the ability of a creditor to put a lien on a debtor's property, to effect a seizure and forced sale of the debtor's property, to effect a garnishment of the debtor's wages, and to have certain purchases or gifts made by the debtor set aside as fraudulent conveyances.

defalcation

misappropriation of funds by a person trusted with their charge; also, the act of misappropriation, or an instance thereof.

Deferred Adjudication

a form of plea deal available in various jurisdictions, where a defendant pleads "guilty" or "no contest" to criminal charges in exchange for meeting certain requirements laid out by the court within an allotted period of time also ordered by the court. Upon completion of the requirements, which may include probation, treatment, community service, some form of community supervision, or some other diversion program, the defendant may avoid a formal conviction on their record or have their case dismissed

degazettement

a loss of legal protection for an entire national park or other protected area

detinue

an action to recover for the wrongful taking of personal property. It is initiated by an individual who claims to have a greater right to their immediate possession than the current possessor.

diminished responsibility

a potential defense by excuse by which defendants argue that although they broke the law, they should not be held fully criminally liable for doing so, as their mental functions were "diminished" or impaired.

diplomatic immunity

agreement between sovereign governments to exclude diplomats from local laws because grants of immunity are particularly important in intergovernmental relations, where traditions have arisen to prevent the federal civil servants of a country's foreign service cadre from being harassed by their host countries.

direct estoppel

prevents a party to litigation from relitigating an issue that was decided against that party.[1] Direct estoppel and collateral estoppel are part of the larger doctrine of issues preclusion

distraint

the seizure of someone's property in order to obtain payment of rent or other money owed",[1] especially in common law countrie

double jeopardy

a procedural defence (primarily in common law jurisdictions) that prevents an accused person from being tried again on the same (or similar) charges following an acquittal or conviction and in rare cases prosecutorial and/or judge misconduct in the same jurisdiction.

dowager

a widow or widower who holds a title or property - a "dower" - derived from her or his deceased spouse

Dower

a provision accorded traditionally by a husband or his family, to a wife for her support should she become widowed.

Downgrading

a decrease in legal restrictions on the number, magnitude, or extent of human activities within a protected area

downsizing

decrease in size of a protected area as a result of excision of land or sea area through a legal boundary change

duty to settle

defined as an implied obligation to by the insurer to a policyholder and to a claimant to attempt "in good faith to effectuate prompt, fair, and equitable settlements of claims in which liability has become reasonably clear.

edict of government

a technical term associated with the United States Copyright Office's guidelines and practices that comprehensively includes laws (in a wide sense of that term), which advises that such submissions will neither be accepted nor processed for copyright registration

elective share

a term used in American law relating to inheritance, which describes a proportion of an estate which the surviving spouse of the deceased may claim in place of what they were left in the decedent's will.

emancipation of minors

a legal mechanism by which a minor before attaining the age of majority is freed from control by their parents or guardians, and the parents or guardians are freed from responsibility for their child

embezzlement

a crime that consists of withholding assets for the purpose of conversion of such assets, by one or more persons to whom the assets were entrusted, either to be held or to be used for specific purposes

eminent domain

the power of a state, provincial, or national government to take private property for public use. It does not include the power to take and transfer ownership of private property from one property owner to another private property owner without a valid public purpose

Enterprise Liability

a legal doctrine under which individual entities (for example, otherwise legally unrelated corporations or people) can be held jointly liable for some action on the basis of being part of a shared enterprise. Enterprise liability is a form of secondary liability.

entrapment

a practice in which a law enforcement agent or agent of the state induces a person to commit a "crime" that the person would have otherwise been unlikely or unwilling to commit.[1] It "is the conception and planning of an offense by an officer or agent, and the procurement of its commission by one who would not have perpetrated it except for the trickery, persuasion or fraud of the officer or state agent"

equal protection clause

The clause, which took effect in 1868, provides "nor shall any State ... deny to any person within its jurisdiction the equal protection of the laws." It mandates that individuals in similar situations be treated equally by the law

error of impunity

a lapse in the justice system that results in criminals either remaining at large or receiving sanctions that are below a socially optimal level

extradition

In an extradition, one jurisdiction delivers a person accused or convicted of committing a crime in another jurisdiction, over to the other's law enforcement.

extraterritorial jurisdiction

the legal ability of a government to exercise authority beyond its normal boundaries.

extraterritoriality

the state of being exempted from the jurisdiction of local law, usually as the result of diplomatic negotiations

Fraudulent Conveyance

an attempt to avoid debt by transferring money to another person or company. It is generally treated as a civil cause of action that arises in debtor/creditor relations, typically brought by creditors or by bankruptcy trustees against insolvent debtors, but in some jurisdictions there is potential for criminal prosecution

frivolous litigation

the use of legal processes with apparent disregard for the merit of one's own arguments. It includes presenting an argument with reason to know that it would certainly fail, or acting without a basic level of diligence in researching the relevant law and facts. That a claim was lost does not imply the claim in itself was frivolous

frivolous or vexatious

a term used to challenge a complaint or a legal proceeding being heard as lacking in merit, or to deny, dismiss or strike out any ensuing judicial or non-judicial processes

Frolic and Detour

in the law of torts occur when an employee (or agent) makes a physical departure from the service of his employer (or principal). A detour occurs when an employee or agent makes a minor departure from his employer's charge whereas a frolic is a major departure when the employee is acting on his own and for his own benefit, rather than a minor sidetrack in the course of obeying an order from the employer.

Further and better particulars

refers to additional information required to provide sufficient accuracy with respect to a set of pleaded facts in an earlier document. The party who believes that the facts are insufficiently pleaded will issue a request for further and better particulars or a more particular statement of the relevant document. An insufficiently pleaded allegation would otherwise cause difficulty to reply to.

Garnishment

a legal process for collecting a monetary judgment on behalf of a plaintiff from a defendant. Garnishment allows the plaintiff (the "garnishor") to take the money or property of the debtor from the person or institution that holds that property (the "garnishee").[1] A similar legal mechanism called execution allows the seizure of money or property held directly by the debtor.

gerrymandering

the political manipulation of electoral district boundaries with the intent to create undue advantage for a party, group, or socioeconomic class within the constituency

gypsy cop

a police officer who frequently transfers between police departments, having a record of misconduct or unsuitable job performance.

hypothec

a registered non-possessory real security over real estate, but under some jurisdictions it may sometimes also denote security on other collaterals such as securities, intellectual property rights or corporeal movable property, either ships only (ship hypothec) as opposed to other movables covered by a different type of right (pledge) in the legal systems of some countries, or any movables in legal systems of other countries

ignorantia juris non excusat

a legal principle holding that a person who is unaware of a law may not escape liability for violating that law merely by being unaware of its content

immunity from prosecution

exclusion of elected officials from prosecution under international law

implied in fact contract

a form of an implied contract formed by non-verbal conduct, rather than by explicit words

imputation

the principle of imputation or attribution underpins the concept that ignorantia juris non excusat—ignorance of the law does not excuse. All laws are published and available for study in all developed states. The content of the law is imputed to all persons who are within the jurisdiction, no matter how transiently.

imputiny

the ability to act with exemption from punishments, losses, or other negative consequences.[1] In the international law of human rights, impunity is failure to bring perpetrators of human rights violations to justice and, as such, itself constitutes a denial of the victims' right to justice and redress.

indemnity

a contractual obligation of one party (the indemnitor) to compensate the loss incurred by another party (the indemnitee) due to the relevant acts of the indemnitor or any other party

indispensable party

a party in a lawsuit whose participation is required for jurisdiction or the purpose of rendering a judgment.

influence peddling

the practice of using one's influence in government or connections with authorities to obtain favours or preferential treatment for another, usually in return for payment.

insolvency

the state of being unable to pay the debts, by a person or company (debtor), at maturity; those in a state of insolvency are said to be insolvent. There are two forms: cash-flow insolvency and balance-sheet insolvency.

Inverse Condemnation

a term used in the law to describe a situation in which the government takes private property but fails to pay the compensation required by the 5th Amendment of the Constitution, so the property's owner has to sue to obtain the required just compensation

jointure

a provision for a wife after the death of her husband.

judicial immunity

the absolute immunity of a judiciary in the course of their official duties

jus ad bellum

refers to "the conditions under which States may resort to war or to the use of armed force in general

jus post bellum

a concept that deals with the morality of the termination phase of war, including the responsibility to rebuild.

Land bonds

financial bonds used in many countries to satisfy, in whole or in part, the compensation payable by the government for compulsory acquisition of any land from private landowners.

land tenure

the legal regime in which land owned by an individual is possessed by someone else who is said to "hold" the land, based on an agreement between both individuals.

last antecedent rule

a controversial rule for interpreting statutes and contracts. The rule is that "Referential and qualifying phrases, where no contrary intention appears, refer solely to the last antecedent

lien

a form of security interest granted over an item of property to secure the payment of a debt or performance of some other obligation.

mahram

a family member with whom marriage would be considered permanently unlawful

maintenance

the intermeddling of a disinterested party to encourage a lawsuit.[1]: 260 It is: "A taking in hand, a bearing up or upholding of quarrels or sides, to the disturbance of the common right.

Malicious Prosecution

a common law intentional tort. Like the tort of abuse of process, its elements include (1) intentionally (and maliciously) instituting and pursuing (or causing to be instituted or pursued) a legal action (civil or criminal) that is (2) brought without probable cause and (3) dismissed in favor of the victim of the malicious prosecution

marriage bar

he practice of restricting the employment of married women

master service agreement

a contract reached between parties, in which the parties agree to most of the terms that will govern future transactions or future agreements.

mature minor doctrine

a rule of law found in the United States and Canada accepting that an unemancipated minor patient may possess the maturity to choose or reject a particular health care treatment, sometimes without the knowledge or agreement of parents, and should be permitted to do so

Misappropriation

the unauthorized use of another's name, likeness, identity, property, discoveries, inventions, etc. without that person's permission, resulting in harm to that person.