The Law Dictionary for Everyone
The Latin term a fortiori is used to refer to an argument made from a previously made argument or previously proven fact. The original argument is considered to be stronger, or to come from a stronger basis, than the second argument, therefore, the arguer presents the original claim to support his own, weaker claim. In making a legal argument, the […]
Read moreVicarious liability, sometimes referred to as “imputed liability,” is a legal concept that assigns liability to an individual who did not actually cause the harm, but who has a specific superior legal relationship to the person who did cause the harm. Vicarious liability most commonly comes into play when an employee has acted in a negligent manner for which the […]
Read moreMoral turpitude is a legal concept that refers to any conduct that is believed to be contrary to the community standards of honesty, justice, or good moral values. While there is no one exact definition of acts that are considered under moral turpitude, they are typically described as any acts of vileness or depravity, or of sexual immorality, whether in […]
Read moreVoluntary manslaughter is a crime that occurs when someone kills another person with no prior intent to harm or kill, but under a sudden circumstance that made him mentally or emotionally distraught. Voluntary manslaughter is often referred to as killing in the “heat of passion.” The difference between voluntary manslaughter and murder is often the provocation to kill. To explore […]
Read moreSubordination is the placing of a thing, such as a claim, in a position lower to another. Commonly used in the financial world, subordination refers to placing a loan at a lower priority than another loan to the same person or entity. This legal definition is not to be confused with the grammatical “subordinate clause,” which refers to the process […]
Read moreThe term strict scrutiny refers to a level of study or analysis the courts use to determine the constitutionality of a law, or of the actions of a governmental body. The most rigid standard of judicial review, strict scrutiny is used to determine whether such an action or legislation violates constitutional rights. To explore this concept, consider the following strict […]
Read moreStrict liability is a legal term referring to the holding of an individual or entity liable for damages or losses, without having to prove carelessness or mistake. The doctrine of strict liability is commonly applied to cases involving defective products. Such a claim relies, not on wrongdoing, but on the inherent hazards of the situation or product. To explore this […]
Read moreThe Supremacy Clause is an article in the United States Constitution that specifies that federal laws and treaties made under the authority of the Constitution are the supreme law of the land. Found in Article VI, Clause 2, the clause provides that states cannot interfere with federal law, and that federal law supersedes conflicting state laws. In addition, this supreme law is binding on […]
Read moreThe 10th Amendment to the United States Constitution is part of the Bill of Rights, having been added to assure the people that the federal government would not overstep its authority. This brief and concise amendment expresses the concept of federalism, which in turn, supports the entire plan of the Constitution. It states that the government has only the specific […]
Read moreThe term sedition refers to overt conduct that excites people to rebel against their government. This may include making speeches, or distributing any writings with this goal in mind. Sedition by individuals in the South is what started America’s Civil War. Sedition is against both federal and state laws, and can lead to criminal charges that are quite severe. To […]
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