Malum in Se

The Latin term malum in se translates roughly to “wrong in itself,” or “evil in itself.” In the law, the phrase is used to refer to someone’s actions that are inherently wrong, or sinful by nature, regardless of regulations of laws. This is different from malum prohibitum, which refers to an act that is only wrong because it is prohibited […]

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Unjust Enrichment

Unjust enrichment is a term used to describe a situation wherein one party benefits at the other party’s expense, in a situation the law considers to be unjust. Unjust enrichment is usually used to describe benefits that are received either accidentally or in error, but which have not been earned, and ethically should not be kept. Unjust enrichment is typically […]

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Legal Brief

A legal brief is a document that makes an argument as to why the person filing the brief should win the case or otherwise see his motion granted. This document contains the issues in dispute, the facts of the matter, and arguments in support of the party’s position. A legal brief that is submitted with a motion can also be […]

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Inverse Condemnation

The term inverse condemnation refers to the taking or damaging of a person’s real property by a government entity, without payment of just compensation. This issue is related to the government’s responsibility under the Fifth Amendment’s eminent domain provision. In such cases, the property owner is faced with the prospect of suing the government in order to obtain compensation. To […]

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In Propria Persona

The legal term in propria persona is a Latin phrase that translates to mean “in his or her own person.” For example, in propria persona, in the field of law, means that a person is representing himself in a lawsuit, and is therefore giving the court jurisdiction over his case. The term is typically abbreviated to “in pro per,” and […]

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Good Cause

Good cause is defined in the legal sense as a sufficient reason for a judge to make a ruling. The term “good cause,” however, is a broad one, and its definition depends upon the circumstances of each individual case. For instance, someone suffering from a serious illness may have good cause for requesting additional time from the court when he […]

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Good Faith

When someone is acting in “good faith,” it means that he is acting with honest intent, and is expected to be honest and to keep his promises without taking advantage of someone else. It is also expected that he will not hold the other party to an impossible standard. Good faith is a necessary element in a variety of situations, […]

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