law v3

further assurances

further assurances

part of the standard 'boilerplate'[1] in most sophisticated commercial agreements. It provides that a party shall provide cooperation and assistance to the other party in executing duties under the contract. For example, in an agreement for a home construction there might be a clause requiring the party purchasing the contractor's services to assist the contractor in securing variances, easements, or building permits required by law for a home construction.

forum selection clause

a contract with a conflict of laws element allows the parties to agree that any disputes relating to that contract will be resolved in a specific forum. They usually operate in conjunction with a choice of law clause which determines the proper law of the relevant contract.

KC Clause

In insurance law, a KC clause (or, during the reign of a female monarch, a QC clause) is a clause in an insurance policy (usually but not exclusively a professional indemnity insurance policy) that provides that an action against the insured is not to be contested unless a King's Counsel (or KC) advises that the defence has a reasonable prospect of success.

liquidated damages

damages whose amount the parties designate during the formation of a contract[2] for the injured party to collect as compensation upon a specific breach

unspecified claim

a tort claim "where the amount to be awarded is left to the Court to determine

loss payee clause

a clause in a contract of insurance that provides, in the event of payment being made under the policy in relation to the insured risk, that payment will be made to a third party rather than to the insured beneficiary of the policy.

meet or release contract

contracts that include "meet or release" competition clauses. It is where a company agrees with a [customer] to sell a product at a certain given price. If, by any chance the customer finds a cheaper purchase the company must place their product at an equal or lesser value. The customer then has the option to be released from the contract only after giving the original company the opportunity to meet (or exceed) the less expensive offer.

most favored customer clause

a contractual arrangement between vendor and customer that guarantees the customer the best price the vendor gives to anyone. The MFC prevents a company from treating different customers differently in negotiations.

negative pledge

a provision in a contract which prohibits a party to the contract from creating any security interests over certain property specified in the provision.

subordinated debt

debt which ranks after other debts if a company falls into liquidation or bankruptcy.

no contest clause

also called an in terrorem clause, is a clause in a legal document, such as a contract or a will, that is designed to threaten someone, usually with litigation or criminal prosecution, into acting, refraining from action, or ceasing to act

non-compete clause

a clause under which one party (usually an employee) agrees not to enter into or start a similar profession or trade in competition against another party (usually the employer).

public policy doctrine

concerns the body of principles that underpin the operation of legal systems in each state. This addresses the social, moral and economic values that tie a society together:

omnibus clause

a clause that provides or includes all residuary not specifically mentioned.

reserve clause

part of a player contract which stated that the rights to players were retained by the team upon the contract's expiration. Players under these contracts were not free to enter into another contract with another team. Once signed to a contract, players could, at the team's whim, be reassigned, traded, sold, or released.

rights upon future offers

a clause used in certain contracts, in which a party who has agreed to contractual terms, gains certain rights if other parties in future obtain better or different terms

title retention clause

a provision in a contract for the sale of goods that the title to the goods remains vested in the seller until the buyer fulfils certain obligations (usually payment of the purchase price).

royal lives clause

a contract clause which provides that a certain right must be exercised within a certain period related to the lifetime of a currently living member of a royal family. Specifically, the clause usually specifies that the contract is in effect until 21 years after someone's death; the person indicated is whoever dies last out of all of the currently living descendants of a specified monarch.

severability

refers to a provision in a contract or piece of legislation which states that if some of the terms are held to be illegal or otherwise unenforceable, the remainder should still apply.

take or pay contract

a rule structuring negotiations between companies and their suppliers. With this kind of contract, the company either takes the product from the supplier or pays the supplier a penalty. For any product the company takes, they agree to pay the supplier a certain price, say $50 per ton. Furthermore, up to an agreed-upon ceiling, the company is required to pay the supplier even for products they do not take. This "penalty" price is lower, say $40 a ton.

work rule

a negotiated stipulation in a labor contract that limits the conditions under which management may direct the performance of labor

yellow dog contract

an agreement between an employer and an employee in which the employee agrees, as a condition of employment, not to be a member of a labor union.

collective bargaining

a process of negotiation between employers and a group of employees aimed at agreements to regulate working salaries, working conditions, benefits, and other aspects of workers' compensation and rights for workers

boulwarism

the tactic of making a "take-it-or-leave-it" offer in a negotiation, with no further concessions or discussion

fixed term employment contract

a contractual relationship between an employee and an employer that lasts for a specified period.

non-disclosure agreement

a legal contract or part of a contract between at least two parties that outlines confidential material, knowledge, or information that the parties wish to share with one another for certain purposes, but wish to restrict access to.

compensation for competition agreement

an agreement by which an employee either forfeits certain benefits or pays some amount of money to engage in activities that are competitive with his former employer

garden leave

the practice whereby an employee leaving a job - having resigned or otherwise had their employment terminated - is instructed to stay away from work during the notice period, while still remaining on the payroll

administrative leave

a temporary leave from a job assignment, with pay and benefits intact.[1] Generally, the term is reserved for employees of non-business institutions such as schools, police, and hospitals.

non solicitation

refers to an agreement, typically between an employer and employee, that prohibits an employee from utilizing the company's clients, customers and contact lists for personal gain upon leaving the company

abnormal step

a standard for distinguishing between preparation and attempt in a criminal case

accessory

a person who assists in, but does not actually participate in, the commission of a crime

principal

any actor who is primarily responsible for a criminal offense.

aiding and abetting

a legal doctrine related to the guilt of someone who aids or abets (encourages, incites) another person in the commission of a crime (or in another's suicide).

common purpose

a common law legal doctrine that imputes criminal liability to the participants in a criminal enterprise for all reasonable results from that enterprise

amnesty

defined as "A pardon extended by the government to a group or class of people, usually for a political offense; the act of a sovereign power officially forgiving certain classes of people who are subject to trial but have not yet been convicted.

antragsdelikt

a category of offense which cannot be prosecuted without a complaint by the victim.

attendant circumstance

the facts surrounding an event.

mitigating factor

any information or evidence presented to the court regarding the defendant or the circumstances of the crime that might result in reduced charges or a lesser sentence.

attribution

are legal doctrines by which liability is extended to a defendant who did not actually commit the criminal act

Brady Disclosure

consists of exculpatory or impeaching information and evidence that is material to the guilt or innocence or to the punishment of a defendan

complicity

the participation in a completed criminal act of an accomplice, a partner in the crime who aids or encourages (abets) other perpetrators of that crime, and who shared with them an intent to act to complete the crime

concurrent intent

when there is a specific intent to commit one crime, and at the same time (concurrently) an intent to commit another.

conspiracy theory

In law, a conspiracy theory is a theory of a case that presents a conspiracy to be considered by a trier of fact

culpable homicide

a categorisation of certain offences in various jurisdictions within the Commonwealth of Nations which involves the illegal killing of a person either with or without an intention to kill depending upon how a particular jurisdiction has defined the offence.

dangerous proximity doctrine

an American standard for distinguishing between preparation and attempt in a criminal case.

culpability

a measure of the degree to which an agent, such as a person, can be held morally or legally responsible for action and inaction

physical proximity doctrine

a standard in criminal law for distinguishing between preparation and attempt.

trier of fact

a person or group who determines which facts are available in a legal proceeding (usually a trial) and how relevant they are to deciding its outcome.

Abuse of process

the unjustified or unreasonable use of legal proceedings or process to further a cause of action by an applicant or plaintiff in an action.

sewer service

an epithet for the intentional failure to provide service of process on a named party in a lawsuit, in order to prevent the party from having a chance to respond

aggravation (law)

any circumstance attending the commission of a crime or tort which increases its guilt or enormity or adds to its injurious consequences, but which is above and beyond the essential constituents of the crime or tort itself

assault (tort)

the tort of acting intentionally, that is with either general or specific intent, causing the reasonable apprehension of an immediate harmful or offensive contact

intentional tort

a category of torts that describes a civil wrong resulting from an intentional act on the part of the tortfeasor

strict liability

a standard of liability under which a person is legally responsible for the consequences flowing from an activity even in the absence of fault or criminal intent on the part of the defendant.

public liability

part of the law of tort which focuses on civil wrongs

duty of care

a legal obligation that is imposed on an individual, requiring adherence to a standard of reasonable care to avoid careless acts that could foreseeably harm others, and lead to claim in negligence.

intentional infliction of emotional distress

a common law tort that allows individuals to recover for severe emotional distress caused by another individual who intentionally or recklessly inflicted emotional distress by behaving in an "extreme and outrageous" way

negligent infliction of emotional distress

concept is that one has a legal duty to use reasonable care to avoid causing emotional distress to another individual. If one fails in this duty and unreasonably causes emotional distress to another person, that actor will be liable for monetary damages to the injured individual

battery (crime)

a criminal offense involving unlawful physical contact, distinct from assault which is the act of creating apprehension of such contact.

attractive nuisance doctrine

states that a landowner may be held liable for injuries to children trespassing on the land if the injury is caused by an object on the land that is likely to attract children

Assured clear distance ahead

In legal terminology, the assured clear distance ahead (ACDA) is the distance ahead of any terrestrial locomotive device such as a land vehicle, typically an automobile, or watercraft, within which they should be able to bring the device to a halt.

assumption of risk

a defense, specifically an affirmative defense, in the law of torts, which bars or reduces a plaintiff's right to recovery against a negligent tortfeasor if the defendant can demonstrate that the plaintiff voluntarily and knowingly assumed the risks at issue inherent to the dangerous activity in which the plaintiff was participating at the time of their injury.

affidavit

a written statement voluntarily made by an affiant or deponent under an oath or affirmation which is administered by a person who is authorized to do so by law.

deposition (law)

involves the taking of sworn, out-of-court oral testimony of a witness that may be reduced to a written transcript for later use in court or for discovery purposes

statutory declaration

similar to a statement made under oath, but it is not sworn.

assigned risk

a government-required method of providing insurance coverage to an individual by compelling insurance companies to service them when such companies would ordinarily not do so due to perceive risk of insuring the individual as a customer

surety

involves a promise by one party to assume responsibility for the debt obligation of a borrower if that borrower defaults

sworn declaration

a document that recites facts pertinent to a legal proceeding. It is very similar to an affidavit but is not witnessed and sealed by an official such as a notary public.

notary public

a public officer constituted by law to serve the public in non-contentious matters usually concerned with general financial transactions, estates, deeds, powers-of-attorney, and foreign and international business.

Commissioner of deeds

an officer having authority to take affidavits, depositions, acknowledgments of deeds, etc., for use in the state by which the person is appointed

deed

any legal instrument in writing which passes, affirms or confirms an interest, right, or property and that is signed, attested, delivered, and in some jurisdictions, sealed. It is commonly associated with transferring (conveyancing) title to property.

power of attorney

a written authorization to represent or act on another's behalf in private affairs (which may be financial or regarding health and welfare), business, or some other legal matter.

justice of the peace

a judicial officer of a lower or puisne court, elected or appointed by means of a commission (letters patent) to keep the peace

letters patent

a type of legal instrument in the form of a published written order issued by a monarch, president or other head of state, generally granting an office, right, monopoly, title or status to a person or corporation.

summary offence

a violation in some common law jurisdictions that can be proceeded against summarily,[1][2][3] without the right to a jury trial and/or indictment

hybrid offence

one of the special class offences in the common law jurisdictions where the case may be prosecuted either summarily or as indictment.

peace commissioner

an honorary position in Ireland with special powers to make statutory declarations and witness signatures

deed poll

a legal document binding on a single person or several persons acting jointly to express an intention or create an obligation. It is a deed, and not a contract because it binds only one party.

grant deed

used in some states and jurisdictions for the sale or other transfer of real property from one person or entity to another person or entity. Each party transferring an interest in the property, or "grantor", is required to sign it

quitclaim

a formal renunciation of a legal claim against some other person, or of a right to land.[1] A person who quitclaims renounces or relinquishes a claim to some legal right, or transfers a legal interest in land

estoppel by deed

a particular estoppel doctrine in the context of real property transfers. Under the doctrine, the grantor of a deed (generally the seller of a piece of real property) is estopped (barred) from denying the truth of the deed.

bargain and sale deed

a deed "conveying real property without covenants

warranty deed

a type of deed where the grantor (seller) guarantees that they hold clear title to a piece of real estate and has a right to sell it to the grantee (buyer), in contrast to a quitclaim deed, where the seller does not guarantee that they hold title to a piece of real estate.

encumbrance

a third party's right to, interest in, or legal liability on property that does not prohibit the property's owner from transferring title (but may diminish its value)

cloud on title

any irregularity in the chain of title of property (usually real property) that would give a reasonable person pause before accepting a conveyance of title

bare trust

a trust in which the beneficiary has a right to both income and capital and may call for both to be remitted into his own name

nominee trust

a legal arrangement whereby a person, termed the settlor, appoints another person, termed the "nominee" or "trustee", to be the owner of the legal title to some property.

totten trust

a form of trust in the United States in which one party (the settlor or "grantor" of the trust) places money in a bank account or security with instructions that upon the settlor's death, whatever is in that account will pass to a named beneficiary.

purpose trust

a type of trust which has no beneficiaries, but instead exists for advancing some non-charitable purpose of some kind.

charitable trust

an irrevocable trust established for charitable purposes and, in some jurisdictions, a more specific term than "charitable organization"

continuando

a term used where a plaintiff would recover damages for several trespasses in the same action

covenant

a solemn promise to engage in or refrain from a specified action.

certificate of occupancy

a legal document that gives the holder certain rights to land

perjury

the intentional act of swearing a false oath or falsifying an affirmation to tell the truth, whether spoken or in writing, concerning matters material to an official proceeding

pitchess motion

a request made by the defense in a California criminal case, such as a DUI case or a resisting arrest case, to access a law enforcement officer's personnel information when the defendant alleges in an affidavit that the officer used excessive force or lied about the events surrounding the defendant's arrest

Standard of care

the only degree of prudence and caution required of an individual who is under a duty of care

vagueness doctrine

a statute is void for vagueness and unenforceable if it is too vague for the average citizen to understand

rule according to higher law

a statement which expresses that no law may be enforced by the government unless it conforms with certain universal principles (written or unwritten) of fairness, morality, and justice.

false confession

an admission of guilt for a crime which the individual did not commit.