The Law Dictionary for Everyone
Following is the case brief for McCulloch v. Maryland, Supreme Court of the United States,(1819) Case Summary of McCulloch v. Maryland: Congress passed an act incorporating the Bank of the U.S. and opened up a branch in Maryland. Maryland passed a state law that would impose a tax on the federal Bank, which at the time was the only bank […]
Read moreThe term accretion is used in real estate law to refer to an increase of land due to the accumulation of soil on the shoreline of a lake, stream, or the sea. While accretion is a gift bestowed on landowners by Mother Nature, land can also decrease in size through erosion and avulsion. To explore this concept, consider the following […]
Read moreDiminished capacity is a legal defense used by a defendant to argue that, while he admits to having broken the law, he should not be held fully criminally liable due to his “diminished” mental state at the time. Diminished capacity is a partial defense, which requires the defendant to have committed the crime while in a very specific state of […]
Read moreFollowing is the case brief for Gibbons v. Ogden, United States Supreme Court, (1824) Case Summary for Gibbons v. Ogden: Gibbons was granted permission from Congress to operate steamboats in New York. Ogden was granted a license by the state of New York to operate his steamboat in the same manner. Ogden filed suit for an injunction to prevent Gibbons […]
Read moreFollowing is the case brief for Lawrence v. Texas, United States Supreme Court, (2003) Case Summary for Lawrence v. Texas: Lawrence and Garner were arrested for engaging in homosexual conduct at the home of John Geddes. Both men were convicted under the statute making it a crime to engage in sexual intercourse with another individual of the same sex. Lawrence […]
Read moreFollowing is the case brief for Terry v. Ohio, Supreme Court of the United States, (1968) Case Summary of Terry v. Ohio Three men, including Terry (defendant), were approached by an officer who had observed their alleged suspicious behavior. The officer suspected the men were planning to rob the store. After the officer inquired into what they were doing, the […]
Read moreFollowing is the case brief for Brown v. Board of Education, United States Supreme Court, (1954) Case Summary of Brown v. Board of Education: Oliver Brown was denied admission into a white school As a representative of a class action suit, Brown filed a claim alleging that laws permitting segregation in public schools were a violation of the 14th Amendment […]
Read moreFollowing is the case brief of Gideon v. Wainwright, The Supreme Court of the United States, (1963) Case Summary of Gideon v. Wainwright: Gideon was charged with a felony in a state that only required the court to appoint counsel in capital cases. After denial of his request to have court-appointed counsel, Gideon represented himself and was convicted. Gideon then […]
Read moreA declaratory judgment is a judgment from a court that defines the legal relationship that exists between the parties to a lawsuit, as well as their rights in the matter. A declaratory judgment does not make a conclusive decision on a case. Rather, it is used for the purpose of settling a dispute so that the case can progress freely […]
Read moreThe term “solicitor” is mainly used in England to describe attorneys who handle mostly office work, as opposed to going to court to litigate cases. In the U.S., the term is typically used to refer to a chief law enforcement officer, but it is generally not used to describe attorneys. Another important position that employs the solicitor term is the […]
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