The Law Dictionary for Everyone
An implied warranty of merchantability is an “assumed” warranty that a product will work for the purpose for which it is intended. This implied warranty applies even when there is no printed or verbal warranty provided when the item is purchased. This type of warranty protects consumers from purchasing defective or misrepresented items. For example, if Greg purchases a heater […]
Read moreIn courts where more than one judge, or “justice,” hears cases, such as a state or the federal Supreme Court, or some appellate courts, a majority agreement is required to make a ruling one way or another. In the event some of the judges agree with the decision of the majority, though for different reasons, those judges may write a […]
Read moreIn the purchase of any item, there is an implied, or “assumed,” warranty that the product or real property is fit to be used for its particular purpose. Even when there is no written warranty accompanying the purchase of a thing, this implied warranty of purpose and merchantability exists. This means that, if a consumer buys a decorative lamp to […]
Read moreAn automatic stay in the United States relates to bankruptcy law. The stay is an automatic injunction that halts any action by creditors once a person formally files a bankruptcy petition. This means that the creditors must stop trying to collect debts from a debtor that has declared bankruptcy. An automatic stay remains in effect until the debtor receives a […]
Read moreIn the event that one party to a civil lawsuit or other civil court action fails to appear at a scheduled hearing, or fails to respond to a summons after having been officially served, the other party may be awarded the judgment they are seeking. Default judgments are most often awarded to plaintiffs when the defendant fails to respond, but […]
Read moreA limited liability company is a U.S. form of privately owned company that combines the limited liability of a corporation with the simplified taxation of a sole proprietorship or partnership. Owners of a limited liability company, referred to as an “LLC,” report the company’s profits and losses on their personal income tax returns, rather than preparing separate corporate tax returns. […]
Read moreEstoppel meaning in law The legal principal of estoppel keeps a party from alleging a fact or acting in a certain way, then attempting to claim something in opposition to that fact or action later in the proceeding to suit their purposes. In other words, a party cannot deny a fact that has already been settled as truth. The truth […]
Read moreThe right to maintain possession of property belonging to an individual until such time as a debt has been repaid is referred as a “lien.” A lender, service person, or other entity may place a lien against a piece of real or personal property to ensure they do not suffer a financial loss should the individual fail to pay. The […]
Read moreGeneral Jurisdiction refers to a court that holds the authority to hear all types of cases except those prohibited by the laws in that state. Case types include civil, criminal, family, probate, and others. While each state has a system that establishes trial courts of general jurisdiction, federal courts do not have general jurisdiction, as they are limited to hearing […]
Read moreDouble jeopardy protects people from being tried for the same crime twice in a court of law. The clause is found in the Fifth Amendment of the United States Constitution, where it was included to prevent the government from erroneously or maliciously convicting innocent people, and to protect people from the consequences of successive prosecutions. It also helps to preserve […]
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