The Law Dictionary for Everyone
Unlawful detainer is a civil law term used in regard to a situation in which a tenant in possession of a leased or rented property refuses to vacate the premises after the lease has ended. In order for the landlord to evict the tenant, he must file an unlawful detainer action with the civil court in the jurisdiction in which the property is located. To explore this […]
Read moreThe Latin term nolle prosequi means to “be unwilling to pursue,” and is used in the criminal legal system to signify that the prosecution is discontinuing, or will not prosecute. In simple terms, nolle prosequi amounts to a voluntary dismissal of criminal charges by the prosecution, or a dismissal of a civil lawsuit. This may be done before trial, or […]
Read moreThe Latin term in limine literally means “on the threshold,” or “at the start.” A motion in limine is a motion made to the court before a jury has been selected in either a civil or a criminal case. Motions in limine ask the court to order the opposing party, its counsel, and witnesses not to talk about, or even […]
Read moreMitigating circumstances are facts that do not excuse a person for civil or criminal misconduct, but which may show that he had some valid reasons for his actions. Mitigating circumstances are often used in court proceedings when the judge or jury determines a defendant’s sentence for a crime, or damages in a civil lawsuit. To explore this concept, consider the […]
Read moreConsideration meaning in law In the legal system, the term consideration in contract law refers to something of value given to someone in return for goods, services, or some other promise. A valid contract must include consideration for every party involved. In simple terms, consideration is the basic reason a party enters into a legal contract. To explore this concept, consider […]
Read moreIn the U.S., the term dram shop refers to bars, taverns, and other businesses that sell alcoholic beverages. A Dram Shop Act holds such businesses liable if they serve liquor to a person who is obviously intoxicated, or to a minor, who then causes injuries to another person. To explore this concept, consider the Dram Shop Act definition. Definition of […]
Read moreThe legal term punitive damages refers to a monetary award ordered by the court to be paid by a defendant to the plaintiff in a civil lawsuit. While it is common for a plaintiff to be awarded money to pay for a wrong committed by the defendant, such as money to pay medical bills, or for property damage, punitive damages […]
Read moreWhen an individual files a lawsuit against another person or entity, he must prove to the judge or jury that his claims are true. The phrase preponderance of evidence refers to the level of proof the plaintiff must provide. In simple terms, the plaintiff must prove that it is more likely than not that the facts presented are true. To […]
Read moreThe Latin term lis pendens translates as “suit pending.” This legal term refers to a written notice of a civil lawsuit concerning the title to, or an ownership interest in, a specific real property has been recorded on the property. This notice serves as a constructive notice to anyone interested in purchasing the property, that there is a lawsuit pending […]
Read moreThe phrase inter alia is a term commonly used in legal writing to mean “among other things.” It may be used, for instance, in referring to a court decision, to indicate that there were other rulings made by the court, but only a specific part is being cited. To explore this concept, consider the following inter alia definition. Definition of […]
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