The Law Dictionary for Everyone
A Terry Stop is the authorized stopping and detaining of someone based on suspicions that the person has been involved in illegal activity. The individual, in this case, is not placed under arrest, but detained – usually in handcuffs – for officer safety during a brief investigation. The term’s origin comes from the 1968 case Terry v. Ohio, in which […]
Read moreThe term “tenancy at sufferance” refers to the period during which a person renting a property continues to live on that property after his lease has expired, but before the landlord demands that he leave. In the event of a tenancy at sufferance, the original terms of the lease must be met, including the payment of any outstanding rent. If […]
Read moreSubstantive law is a type of law that handles the legal relationship between individuals, or between individuals and the state. Substantive law differs from procedural law, in that it defines people’s rights and responsibilities. Procedural law focuses more on the rules that are used to enforce those rights and responsibilities. To explore this concept, consider the following substantive law definition. […]
Read moreAn obligee is someone to whom something is owed. In addition, an obligee is someone who is legally obliged to receive something from another person. For example, an obligee – in family law – is the parent to whom child support has been awarded by the court, which must be paid by the other parent, and which must be received […]
Read moreThe term “subject matter jurisdiction” refers to the fact that specific courts are established to handle cases pertaining to a particular type of claim. For example, subject matter jurisdiction in the U.S. means that courts are divided up into sections, such as civil law, family law, and criminal law. A court in one of these divisions is said to have […]
Read moreThe term “specific performance” refers to literal performance of one’s obligations under a contract. Should a party default on his obligation, a court may issue an order for specific performance, requiring a party to perform a particular action. The action is usually one that has been previously detailed in a contract. Specific performance is an alternative to a court’s decision […]
Read moreSpecific deterrence is a type of punishment that is meant to discourage future criminal behavior in a person being charged with a crime. For example, specific deterrence is used to prevent an offender from committing the same crime in the future. Punishments associated with specific deterrence may include fines, prison sentences, or both, and the severity of the punishment typically […]
Read moreThe Resource Conservation and Recovery Act (“RCRA”) gives the Environmental Protection Agency (“EPA”) the power to control hazardous waste, from the beginning of a process to the end, when it is disposed of. This means that the EPA has a hand in the transportation, storage, and disposal of hazardous waste products. The RCRA also provides guidelines insofar as managing non-hazardous […]
Read moreA quasi contract is a contract that is created by a court order, not by an agreement made by the parties to the contract. For example, quasi contracts are created by the court when no official agreement exists between the parties, in disputes over payments for goods or services. The goal in the court’s creation of these contracts is to […]
Read morePromissory estoppel is the idea that a promise can be enforced by the law if, after relying on that promise, the promisee is injured or suffers a resulting loss. The idea of promissory estoppel is that the promisor is barred from arguing that the underlying promise at the heart of the case should not be legally upheld. While promissory estoppel […]
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