The Law Dictionary for Everyone
The phrase et seq. is an abbreviation of the Latin “et sequentes,” or “et sequential,” which mean “and the following.” In written documents, et seq. is used to reference specific pages, sections, or list numbers within statutes, articles, regulations, or other works, to indicate that the information is continued in the sections, or on the pages, which immediately follow. To […]
Read moreThe legal term en banc refers to the hearing of a case by the entire bench, or all of the judges of a court, rather than a panel of a selected few judges. En banc sessions are usually reserved for cases of great importance, or to review a contested decision of a panel of judges on a matter of particular […]
Read moreThe doctrine of laches is a legal defense that may be claimed in a civil matter, which asserts that there has been an unreasonable delay in pursuing the claim (filing the lawsuit), which has prejudiced the defendant, or prevents him from putting on a defense. The doctrine of laches is an equitable defense that seeks to prevent a party from […]
Read moreThe Latin term dictum refers to a statement or observation, made by an authoritative source, which does not directly speak to the facts, or affect the outcome, of a legal case. An example of this may include the discussion of a legal principal for the purpose of illustrating, suggesting, or creating an analogy to explain a court’s decision. A dictum […]
Read moreDismissed with prejudice means that a civil lawsuit has been dismissed based on merits of the case after a judgement has been issued. When a case is dismissed with prejudice, the plaintiff is barred from filing a lawsuit on the same issue at a later date. To explore this concept, consider the dismissed with prejudice definition. Definition of Dismissed with […]
Read moreAttorney-in-fact is the term used to refer to a person authorized, through a power of attorney document, to act on behalf of another person. An attorney-in-fact is endowed with specific powers and responsibilities in the legal document, which may be very broad, or very narrow, depending on the needs of the person executing the document (the “principal”). To put it […]
Read moreCircumstantial evidence is any evidence that requires some reasoning or inference in order to prove a fact. This type of evidence is sometimes referred to as “indirect evidence,” and it may have more than one explanation or lead to more than one conclusion. In many situations, more than one piece of circumstantial evidence may be used to draw the judge […]
Read moreA preliminary hearing takes place during the criminal court process soon after the defendant has been criminally arraigned. During the preliminary hearing, a judge determines whether there is enough evidence to order the defendant to stand trial. The judge makes this decision based on a probable cause standard, meaning whether the prosecutor presents enough evidence to convince reasonable people on […]
Read moreContributory negligence is a rule of law that has been largely abolished in the U.S., as it deemed that a plaintiff who was even partially at fault for the incident, due to his own negligence, could not recover any damages from the defendant, who supposedly caused the incident. Contributory negligence refers to some amount of negligence on the part of […]
Read moreBefore a trial can begin, a jury of the defendant’s peers must be selected. A pool of prospective jurors is called to the courthouse on a specified date and time, where they are questioned by the attorneys representing the parties, as well as the judge. The purpose of this questioning is to choose jurors who are unlikely to have already […]
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