The Law Dictionary for Everyone
The term condition precedent refers to something that must happen, or a circumstance that must exist, before something else will happen. This is a common issue in contract law, where one party is to perform his duties under the contract only after the other party has performed his. For instance, Bob will install the new air conditioner at Jack’s home […]
Read moreIn a legal sense, when someone is granted immunity, this means that he has been granted an exemption from a legal requirement or consequence. Examples of immunity include releases from payments or penalties. Immunity from prosecution is a legal doctrine that permits a person to avoid being prosecuted for a criminal offense. This is usually granted in exchange for something […]
Read moreGeneral 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 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 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 […]
Read moreA false arrest is an arrest that is made without a warrant, or without probable cause. It is possible to sue law enforcement officials for false arrest. However, those who are typically sued for false arrest include businesses, private citizens, private security, or bounty hunters. To explore this concept, consider the following false arrest definition. Definition of False Arrest Noun […]
Read moreA case of first impression is a case in which an issue that has not previously been considered or decided by a higher court. This means that there is no legally binding authority by which the case must be decided. Cases of first impression are most commonly heard after some new legislation has been passed, and an issue requires interpretation […]
Read moreThe Latin term de novo is used in the U.S. legal system to refer to something that is started over from the beginning, or from the new. For instance, an appellate court might review all of the facts of a trial, and order the court to hear the case again – without referring to any of the prior assumptions or […]
Read moreDuty of Care meaning in law A duty of care is the legal responsibility of a person or organization to avoid any behaviors or omissions that could reasonably be foreseen to cause harm to others. For example, a duty of care is owed by an accountant in correctly preparing a customer’s tax returns, to minimize the chance of an IRS […]
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