The Law Dictionary for Everyone
Judicial activism is a legal term that refers to court rulings that are partially or fully based on the judge’s political or personal considerations, rather than existing laws. In basic terms, judicial activism occurs when a judge presiding over a case allows his personal or political views to guide his decision when rendering judgment on a case. The topic of […]
Read moreJurisdiction is the authority granted by law to the courts to rule on legal matters and render judgments, according to the subject matter of the case, and the geographical region in which the issue took place. Areas of jurisdiction apply to local, state, and federal laws, which means that, for instance, a violation of federal law is tried in federal court. To explore this […]
Read moreJoint custody is a family law term that refers to a child custody arrangement in which both parents share the decision-making responsibilities and physical care of the child. Joint custody arrangements are often made during divorce proceedings, at which time they are defined by a court order. The exact terms of joint custody depend on the situation, as well as […]
Read moreInvoluntary manslaughter is the unintended killing of a person while committing a crime, or acting in a reckless or negligent manner. This type of homicide is committed without malice or intent, even accidentally, and is considered a less serious crime than murder. To explore this concept, consider the following involuntary manslaughter definition. Definition of Involuntary Manslaughter noun. The unintentional killing […]
Read moreThe Latin term capias literally means “you are to seize,” or “you should seize,” and is commonly used in the U.S. legal system to refer to a warrant issued by a judge directing law enforcement to arrest a specified person. Capias warrants are most commonly issued when a criminal defendant fails to appear in court for a scheduled hearing. By […]
Read moreIn determining whether a person committed a crime, there are two issues to consider: the person’s state of mind, or intent, and the actual physical act of committing the crime. The Latin term actus reus refers to the actual act of doing the illegal thing, with no reference to the person’s mental state. In order for a person to be […]
Read moreInformed consent is the act of agreeing to allow something to happen, or to do something, with a full understanding of all the relevant facts, including risks, and available alternatives. That full knowledge and understanding is the necessary factor in whether an individual can give informed consent. This type of consent applies to many situations in life, including making decisions about […]
Read morePersonal rights held by an individual which are not bestowed by law, custom, or belief, and which cannot be taken or given away, or transferred to another person, are referred to as “inalienable rights.” The U.S. Constitution recognized that certain universal rights cannot be taken away by legislation, as they are beyond the control of a government, being naturally given […]
Read moreInheritance tax is an estate planning term that refers to a tax on property inherited on a person’s death. The person inheriting the money or property must pay the tax, which is levied by the state in which the heir lives, or where the real property resides. Inheritance taxes are state taxes, and only a few states still impose them. […]
Read moreInherent powers are those powers held by the President that are not explicitly mentioned in the United States Constitution. Though these powers are not specified, they are deemed necessary in some situations in order for the President to effectively fulfill his or her responsibilities. Some people have expressed concern that the broadly interpreted inherent powers held by the U.S. President […]
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