The Law Dictionary for Everyone
A nonsuit is a motion filed by a defendant to be released from a civil lawsuit, usually because the plaintiff has failed to pursue the lawsuit in a timely manner. In some jurisdictions, a nonsuit may be filed by a plaintiff to dismiss one or more defendants from a lawsuit while keeping others. The reason for doing this is to […]
Read moreThe term “ostensible agency” refers to the relationship that exists between two parties and that leads a person to believe that the first is an agent of the second, or vice versa. For example, ostensible agency would apply to a hospital worker who is employed by an outside contractor. For all intents and purposes, patients may believe that worker to […]
Read moreThe term nuisance lawsuit can refer to one of two types of lawsuits. The first is a tort lawsuit of the nuisance, which is a situation wherein the plaintiff claims that the defendant is causing a nuisance. The second is a frivolous lawsuit. A frivolous lawsuit involves a plaintiff bringing a lawsuit that serves as nothing more than a nuisance […]
Read moreAn objection is a type of protest made in court or during a deposition against a witness’ testimony, or a piece of evidence. For example, an objection may be invoked when a witness is giving testimony while on the stand. The motivation for an objection is the belief that introducing such evidence into the court record would be against the […]
Read moreThe term positive law refers to laws made by man that require some specific action. These are statutes, codes, and regulations that have been enacted by a legislature. By contrast, “natural law” refers to principles that are universal in society, governing moral acts. To explore this concept, consider the following positive law definition. Definition of Positive Law Noun Law enacted […]
Read moreThe Latin term obiter dicta means “things said by the way,” and is generally used in law to refer to an opinion or non-necessary remark made by a judge. In a legal ruling, made by a higher court, the actual decision becomes binding precedent. Remarks about such things as how the court came to its decision are not binding, and […]
Read moreJudicial notice is a rule that permits a fact to be accepted as evidence without further proof – if it is so well known that no one could reasonably doubt or debate it. An example of judicial notice being granted would be a day of the week that corresponded to a specific calendar date being accepted as true, without the […]
Read moreThe term “long arm statute” refers to the jurisdiction that one court can have over a defendant corporation that operates outside of the state. Any company that is located in one state, but does business in another, and hires people in yet another, can fall under the long arm statute. For example, the long arm statute would apply to corporations […]
Read moreThe term “mental anguish” is used to refer to the psychological suffering that someone experiences as a result of, most commonly, a personal injury or other injury caused by another’s actions. Mental anguish, also called and “emotional distress,” can include anxiety, depression, trauma, or grief. Post-traumatic stress disorder, a form of mental anguish, can develop into serious problems if left […]
Read moreThe term “natural person” refers to a living human being, with certain rights and responsibilities under the law. By contrast, a “legal person,” or an “artificial person,” is a group of people that is considered by law to be acting as a single individual. Both natural and legal persons are entitled to sue other parties and sign contracts. They can […]
Read more