The Law Dictionary for Everyone
The courts use pretrial conferences, attended by the parties to a legal proceeding and their respective attorneys, for a variety of legal and procedural purposes. One commonly used pretrial conference is the “status conference,” which is held after all of the initial pleadings have been filed in the case. The status conference allows the parties to establish a time frame […]
Read more“Debtor in possession” is a term in U.S. bankruptcy law that refers to an individual or entity that has filed Chapter 11 bankruptcy, but remains in possession and control of property against which a creditor has a lien. In the case of a business, this gives the business owner the power to continue operating the business until the details of […]
Read moreThe Ninth Amendment to the United States Constitution acts as a safety net to ensure all individuals are afforded their fundamental rights, even if they are not specifically mentioned. This Amendment works in conjunction with the first eight Amendments to make up the Bill of Rights. The Ninth Amendment includes rights that are not specifically listed in the Constitution. Because […]
Read moreMens Rea meaning in law The concept of mens rea, which is Latin for “guilty mind,” allows the criminal justice system to distinguish someone who set out with the intention of committing a crime from someone who did not mean to commit a crime. Mens rea refers to what the accused individual was thinking, and what his intent was at […]
Read moreA document that contains a guarantee or promise to pay a specific amount of money to a person or entity in possession of the instrument, whether on a specified date or on demand, is known as a “negotiable instrument.” A negotiable instrument features the name of the person who is to make payment. Examples include checks, banknotes, and promissory notes. […]
Read moreThe National Labor Relations Act (“NLRA”), also referred to as the “Wagner Act,” is a law enacted by the federal government for the purpose of regulating labor and management practices. The primary goal of the Act is to protect the rights of private sector employees and to improve the inequality of bargaining power that exists between employees and employers. It […]
Read moreThe National Labor Relations Board, also known as the “NLRB,” is an agency within the United States government that is responsible for solving issues related to unfair labor practices. The agency also elects labor union representatives and ensures that industries follow the laws set by the National Labor Relations Act. To explore this concept, consider the following National Labor Relations […]
Read moreThe Fifth Amendment to the U.S. Constitution grants every American the right to refuse to give testimony that would incriminate himself, or cause himself to appear guilty of a crime. The Fifth Amendment does not actually use the term “self incrimination,” but states “No person … shall be compelled in any criminal case to be a witness against himself.” This […]
Read moreA formal, written statement asking the court to grant relief, or to decide a dispute, is referred to as a “pleading.” The written complaint filed by a plaintiff to initiate a civil lawsuit, or filed by a prosecutor to initiate criminal proceedings, as well as the written answer filed by a civil defendant are generally the first pleadings in any […]
Read moreA forbearance is an agreement between a private party borrower and a lender in which the borrower is allowed to postpone payments temporarily due to financial or other hardship. While a loan is in forbearance, the interest on the amount continues to accrue, which increases the amount of the loan, or the amount of payments due when the forbearance comes […]
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