The Law Dictionary for Everyone
Enumerated powers are specific powers granted to Congress by the United States Constitution. The framers of the Constitution wanted to ensure the new federal government would not become an overreaching entity that might subject the people to the oppression from which they had fled. To that end, they listed, in Article 1, Section 8 of the Constitution, the authority over […]
Read moreThe Establishment Clause is found in the First Amendment to the U.S. Constitution. This cause prohibits the federal government from making any law regarding the establishment of, or freedom to practice religion. In simple terms, the Establishment Clause prohibits the United States government from establishing an official religion, as well as from taking any actions that favor one religion over […]
Read moreVoir dire is the process by which potential jurors are chosen from a pre-selected jury pool. During this phase of jury selection, the attorneys for each party, as well as the judge, ask questions of each potential juror to determine whether he or she has any bias regarding the case, or other reason he or she should not be chosen. […]
Read moreThe 8th Amendment to the United States Constitution, a part of the Bill of Rights, prohibits the federal government from imposing excessive fines, excessive bail, and cruel and unusual punishment. This is one of the shortest amendments to the Constitution, but it has a powerful effect, and has sparked a number of debates over the years since its ratification. To […]
Read moreA domicile is an individual’s principal place of residence, the place to which he intends to return when he goes out. The location of a person’s domicile is typically determined by this intent, as it is the place he has established his home, having no plan to vacate it soon. In a legal sense, an individual’s domicile becomes important in […]
Read moreIn civil law, a tort is an intentional or negligent act, a civil wrong, as opposed to a criminal act, which causes harm to another. The term tortfeasor refers to the person who commits such a wrongful act, for which the law allows the injured party to seek restitution or recompense. To explore this concept, consider the following tortfeasor definition. […]
Read moreAn “EIN” is an Employer Identification Number, also known as a “Federal Employer Identification Number,” (“FEIN”), or a “Tax Identification Number” (“TIN”). In the United States, an EIN is the business and corporate equivalent to the Social Security number. EINs are issued to any person, business, or other entity that pays employee withholding taxes. To explore this concept, consider the […]
Read moreDiscrimination in the workplace takes place when an employer discriminates against an employee in relation to work-related decisions, including such issues as hiring, firing, promotions, and availability of benefits. There are federal and state laws in place to protect employees from discrimination in the workplace. To explore this concept, consider the following discrimination in the workplace definition. Definition of Discrimination […]
Read moreA divorce lawyer is an attorney that specializes in family law, and has experience in issues of divorce, child custody and visitation, child support, and spousal support. Many individuals embroiled in a family law matter wonder whether they should retain the services of a divorce lawyer, and even whether it is required. While it is not required that any party […]
Read moreSubrogation refers to substitution of one person into another’s place in regards to a legal right, demand, or other lawful claim. The individual who takes another’s place by subrogation incurs the rights of the original party in the matter. Subrogation is most commonly seen in insurance claims, where an insurance company, having made payment to its insured, steps into the […]
Read more