The Law Dictionary for Everyone
A yellow dog contract is a type of agreement wherein an employee agrees not to become a member of a labor union in exchange for employment with the company that drafted the agreement. Yellow dog contracts are, for the most part, illegal. Yellow dog contracts were used up until the 1930s as a way to stop employees from organizing union […]
Read moreThe term “willfully” means that an act is committed voluntarily and purposefully, with a clear intention to break the law. For example, willfully driving in a reckless manner means that the person who is driving recklessly intends to do so, despite knowing that what he is doing is dangerous and illegal, and that there may be consequences for his actions. […]
Read moreThe Latin term res gestae literally translates to mean “things done.” Res gestae is used to refer to a declaration that is made at an event that proves the event happened because the words were uttered upon witnessing the event. For example, res gestae would exist if a person yelled “FIRE!” upon noticing that a fire had broken out in […]
Read moreThe term “scienter” is used to describe the mental state of a person who intends to manipulate or defraud another person. An act is performed “knowingly” if it is done voluntarily and deliberately. The accused cannot be proven to have “guilty knowledge” of the results of his actions if those results were from a mistake or accident. The accused must […]
Read moreThe term “replevin” is used to describe the act of recovering someone’s personal property that was either taken wrongfully or held improperly. Replevin is also referred to as “claim and delivery.” In most cases, when a person is wronged insofar as suffering the loss of property, he will seek money damages as compensation. In the case of replevin, however, the […]
Read moreTortious interference is the act of intentionally interfering with someone’s business. This may be by directly interfering with a business deal, or by interfering with the day-to-day operations – or even by spreading false claims about the business. Tortious interference is interference that is so egregious as to allow the harmed party to file a civil lawsuit under a “tort,” […]
Read moreCourts use the term “unconscionable” to describe conduct that is either unjust or one-sided to benefit one party more than the other. In contract law, an unconscionable contract is one that no reasonable person would enter into without some very compelling reason. Those who do end up entering into unconscionable contracts tend to be poorly educated, living in poverty, and/or […]
Read moreA time is of the essence provision is used in a contract wherein a missed deadline could damage one or more of the parties. For example, time is of the essence when a lender must fulfill a loan contract by funding a loan on time, else the buyer will miss out on his chance to buy the property in question, […]
Read moreA Terry Stop is the authorized stopping and detaining of someone based on suspicions that the person has been involved in illegal activity. The individual, in this case, is not placed under arrest, but detained – usually in handcuffs – for officer safety during a brief investigation. The term’s origin comes from the 1968 case Terry v. Ohio, in which […]
Read moreThe term “tenancy at sufferance” refers to the period during which a person renting a property continues to live on that property after his lease has expired, but before the landlord demands that he leave. In the event of a tenancy at sufferance, the original terms of the lease must be met, including the payment of any outstanding rent. If […]
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