The Law Dictionary for Everyone
A trier of fact is someone who determines what the facts are during a trial. For example, a trier of fact examines the evidence that is presented, and then determines whether an event that is said to have occurred actually did occur. Certain facts are determined to be the “facts of the case” as agreed by the parties to the […]
Read moreThe legal term transferred intent is often summed up with the phrase “the intent follows the bullet.” What this means is that, if someone intends to shoot Person A, he will be held liable when the bullet that leaves his gun also injures Person B in the process. The offender’s intent is effectively “transferred” between the two victims. However, intent […]
Read moreThe term resisting arrest refers to the act of physically struggling against, or attempting to elude a police officer, in order to escape being restrained. According to the law, a person cannot use physical force to resist being lawfully arrested by a police officer. The act of resisting arrest is a crime that may be charged above and beyond any […]
Read moreA third party beneficiary is a person who benefits from a contract that is made between two other people. For example, a third party beneficiary is not a party to the contract himself but receives a benefit once the contract is satisfied. In certain situations, a third party beneficiary is afforded the legal rights necessary to enforce the contract and […]
Read moreTrade fixtures are pieces of property that a tenant affixes to a leased building or land for the purpose of conducting business. An examples of trade fixtures include a display counter, or a piece of equipment that is used specifically for bartending purposes. Even though it was installed by the tenant, trade fixtures must meet certain requirements to be removable. […]
Read moreThe term castle doctrine refers to the legal right of a person to defend himself against an intruder in his home or other property, even should the use of deadly force be required. Under this legal theory, the homeowner is not required to retreat, but may stand his ground to defend himself, his home, or his property. To explore this […]
Read moreSpecial damages are awarded in a civil lawsuit in order to compensate a plaintiff for significant financial losses. For example, special damages would be awarded to a victim who is forced to be out of work as the result of a personal injury, and loses wages as a result. Special damages are calculated based on the fair market values at […]
Read moreThe legal term self defense refers to a type of affirmative defense used to explain one person’s use of force against another person. For example, self defense describes a situation wherein one person reasonably uses force to defend himself against an attack by another person on the subway. A person might use non-deadly force, or deadly force, to defend himself, […]
Read moreThe term superseding cause refers to some event that occurs after the initial act that caused an accident, or some other injury. A superseding cause, also known as an “intervening cause,” may be proven to have substantially caused the accident. This has an effect on who should be held liable for the damages caused by the accident. To explore this […]
Read moreThe legal term quiet title refers to a lawsuit that is brought to resolve issues with a title to real property, or personal property that has a title, making it possible to sell or buy the property. It is called an action to “quiet” title because, in establishing who the proper owner of the title is, the lawsuit “quiets” any […]
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