The Law Dictionary for Everyone
General damages amount to financial compensation that is issued by a court to compensate for injuries suffered, for which no real dollar value can be calculated. Examples of general damages can include financial compensation for pain and suffering, or for a shortened life expectancy. General damages may also arise from a breach of contract claim. To explore this concept, consider […]
Read moreAn express contract is a legally binding agreement, the terms of which are all clearly stated either orally or in writing. For an express contract to come together, there must be an offer made by one of the parties, and acceptance of that offer by the other party. To determine if an express contract has been properly formed, courts will […]
Read moreFollowing is the case brief for Roper v. Simmons, 543 U.S. 551 (2005). Case Summary of Roper v. Simmons: Simmons, age 17, planned and committed a capital murder. He was sentenced to death. His direct appeal and petitions for relief were rejected. When the Supreme Court decided Atkins v. Virginia in 2002 (barring executions for the mentally disabled), Simmons filed a new […]
Read moreEquitable estoppel is a legal principle that stops someone from taking a legal action that conflicts with his previous claims or behaviors. Essentially, equitable estoppel is a method of preventing someone from going back on his word in a court of law. For example, equitable estoppel would be granted to a defendant if the plaintiff previously gave his permission for […]
Read moreFollowing is the case brief for Pennoyer v. Neff, 95 U.S. 714 (1878). Case Summary of Pennoyer v. Neff: An attorney, Mitchell, sued Neff in Oregon state court. Neff did not live in Oregon. Mitchell served notice of the suit by publication, not by personal service. Once Mitchell received a default judgment against Neff, Mitchell sold property Neff owned in Oregon […]
Read moreFollowing is the case brief for United States v. Windsor, United States Supreme Court, (2013) Case Summary of United States v. Windsor Windsor and Spyer were legally married and moved to New York, a state which recognized their same-sex marriage. Spyer died, leaving her estate to Windsor. Windsor was denied a federal tax exemption due to the fact the couple […]
Read moreFollowing is the case brief for Garcetti v. Ceballos, United States Supreme Court, (2005) Case Summary for Garcetti v. Ceballos: Ceballos worked for the government, employed as a deputy district attorney. Ceballos was called by the defense to testify to the authenticity of an affidavit which he previously thought may be inaccurate. After testifying he was subject to discipline. Ceballos […]
Read moreFollowing is the case brief for Katz v. United States, 389 U.S. 347 (1967). Case Summary of Katz v. United States: The FBI, using a device attached to the outside of a telephone booth, recorded petitioner’s phone conversations while in the enclosed booth. Petitioner was subsequently convicted of making wagering calls in violation of federal law. The FBI’s recordings were used as […]
Read moreFollowing is the case brief for Brady v. Maryland, United States Supreme Court, (1963) Case Summary of Brady v. Maryland: Brady was convicted of murder and sentenced to death after the prosecution withheld a statement by Boblit in which Boblit confessed to the killing. Brady then appealed to the court of appeals claiming that suppressing the statement violated his Constitutional […]
Read moreThe legal term clean hands refers to a defense in a civil lawsuit regarding a contract, which allows a defendant (the person being sued) to claim that the plaintiff (the person suing) has engaged in wrongdoing. If the defendant is successful in proving the plaintiff had unclean hands through bad or illegal behavior, the plaintiff would not be able to […]
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