The Law Dictionary for Everyone
A Writ of Certiorari orders a lower court to forward all documents in a case it has heard to the higher court for review. While this is most commonly used by the U.S. Supreme Court, other courts, such as the U.S. Court of Appeals, state supreme courts, and state courts of appeal, may issue such a writ. The U.S. Supreme […]
Read moreA Power of Attorney document allows an individual (the “principal”) to appoint someone to act as an agent on his behalf. The agent, called an “attorney-in-fact,” though the agent need not be an attorney, can take care of important matters for the individual, such as managing finances, selling property, paying bills, or authorizing medical care. A general Power of Attorney […]
Read moreThe legal term in rem jurisdiction refers to whether or not the court has jurisdiction over the subject matter or item that is the subject of the legal action. Legal actions, such as civil lawsuits and injunctions must be heard by the court that has jurisdiction over the geographical area in which the item is located or action took place. […]
Read moreThe legal term in pari delicto is most commonly used in situations when both parties to a civil lawsuit are equally at fault for the wrongdoing. It basically means that, because both parties are equally to blame, the court will side with neither party. If the dispute is over possession of an item, the party in possession of the item […]
Read moreA leasehold estate pertains to a lease in which the renter has the right to possess the leased property for a specific extended period of time. The lease that is signed by both the property owner and the tenant outlines the rights and obligations of both parties, giving the tenant temporary ownership-like rights to the property in question. A leasehold […]
Read moreIncidental damages are reasonable expenses incurred by one party to a contract as a result of the other party’s breach of the contract. These expenses may be awarded in a civil lawsuit in addition to the award of compensatory damages. To explore this concept, consider the following incidental damages definition. Definition of Incidental Noun Something that happens by chance or […]
Read moreA contract containing a statement that gives the person making a promise no actual obligation to fulfill the promise is considered an “illusory promise,” or “illusory contract.” The language in this type of agreement is indefinite and unclear, making it uncertain whether the promising party must perform even if paid or compensated by the other party. This type of agreement […]
Read moreIn legal and governmental use, the term “appropriation” refers to the act of designating a certain amount of money for a specific use. The term is often used in reference to budgeting and the creation of spending bills. Translated literally as “to make one’s own,” or “to set aside,” appropriation may also refer to an intentional, often unauthorized, acquisition of […]
Read moreJoint and several liability comes into play in a civil lawsuit in which one party (usually the Plaintiff) is awarded damages from the other party (usually the Defendant). Joint and several liability means that all of the Defendants are responsible for the act, and for the damages. The Plaintiff, however, may seek to collect the awarded damages from all of […]
Read moreIssued by a Grand Jury, an indictment is a formal written charge of a crime, informing the accused individual of the charge against him. In most cases, the issuance of an indictment marks the beginning of the trial process. The indictment contains a brief statement of where and when the crime took place, as well as how the accused allegedly […]
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