The Law Dictionary for Everyone
On December 5, 1933, the 21st Amendment to the United States Constitution became the only constitutional amendment to repeal another amendment. This amendment revoked or abolished the 18th Amendment, which prohibited the production, transportation, and sale of alcohol in the United States. The 21st Amendment also has the distinction of being the only amendment ratified by state ratifying convention, rather […]
Read moreAge of consent is the age at which an individual is deemed legally competent to consent to engage in sexual activities. This minimum age varies by state, and having sex with someone under the age of consent is considered to be a criminal act. Some jurisdictions make allowances for minors engaging in sexual activities with each other, though there may […]
Read moreThe 17th Amendment to the United States Constitution, enacted on April 8, 1913, allows Senators to be elected through popular voting by the people of each state. This amendment supersedes Article I, Section 3 of the Constitution, which specified that Senators were to be elected by the states’ legislators. It also allows vacant senate seats to be temporarily filled by appointment […]
Read moreIn a legal context, preemption refers to the principle that certain matters which have a national effect are governed by federal laws, rather than any contradictory state or local laws that may exist. This doctrine is based on the U.S. Constitution’s Supremacy Clause, which specifies that federal law preempts inconsistent state law. To explore this concept, consider the following preemption […]
Read moreIn a legal context, the term peremptory refers to a decisive challenge with no opportunity given for debate, denial, or refusal. A peremptory challenge may be used by either party to a legal action in the jury-selection phase, to dismiss a potential juror without stating a reason. Other peremptory orders may be made by the court, such as setting a […]
Read moreLiterally “parent of one’s country,” this Latin term refers to the inherent responsibility of the government, or of the court system, to protect people who cannot protect or care for themselves. The concept of parens patriae in the U.S. legal system most commonly applies to issues of child custody and protection, though it may also be used in protecting others […]
Read moreLoss of consortium is a civil law term that describes the loss suffered by an individual after his or her spouse has died or been injured due to another person’s wrongful, negligent, or intentional act. Damages may be awarded for loss of consortium in a civil lawsuit, for the purpose of compensating the surviving or uninjured spouse for the loss […]
Read moreIn legal terms, insanity refers to a disorder of the mind which impairs an individual’s ability to know right from wrong, or otherwise prevents him from understanding that his actions are wrong. In the prosecution of a criminal case, a defendant who is normally free from mental disorder may assert that he was insane only briefly, at the time he […]
Read moreSecond degree murder is a criminal law term that describes the killing of another human being without premeditation, but with intent. Second degree murder may also refer to a death caused by an individual’s negligent or reckless conduct. To explore this concept, consider the second degree murder definition. Definition of Second Degree Murder Noun The killing of another human being intentionally, but […]
Read moreThe Latin term nunc pro tunc translates literally to “now for then.” This term is commonly used in the U.S. legal system to signify that a court ruling or order applies retroactively to a ruling made at an earlier date. The most common use of nunc pro tunc is to correct clerical errors, or accidental omissions made by the court […]
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