The Law Dictionary for Everyone
Joint 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 moreA person or entity that signs over or transfers their rights to any property or asset to another person or entity. A concept commonly used in contract law, an individual or entity has the right of assignment, which entails one party (the “assigner”) transferring the rights or benefits of a contract to another party (the “assignee”). To explore this concept, […]
Read moreA directed verdict occurs in a jury trial when the presiding judge orders the jury to return a specific verdict. This typically takes place when the judge learns that no reasonable jury could reach any other decision. After the directed verdict is ordered, the jury no longer has to decide the case, and is dismissed. A directed verdict may be […]
Read moreIn the legal system, a “cause of action” is a set of facts or legal theory that gives an individual or entity the right to seek a legal remedy against another. This applies to the filing of a civil lawsuit for such wrongs as property damages, personal injury, or monetary loss, as well as to criminal wrongs such as battery, […]
Read moreUnder the system of ethics described by German philosopher Immanuel Kant, a categorical imperative is an absolute moral obligation to do or not do something that applies to all rational beings, with no consideration for personal desires, motives, or inclinations. To explore this concept, consider the following categorical imperative definition. Definition of Categorical Imperative Noun A moral obligation or duty […]
Read moreA defendant is a person or entity that is facing a civil lawsuit, or that has been accused of a crime. The word “defendant” is often used interchangeably with other terms including “accused” or “respondent.” A criminal defendant has been charged with committing a crime, and is often placed in jail until bail is posted or the resolution of a […]
Read moreA tort is a wrongful act in which harm or injury is caused to another person. The term “tort” covers a vast range of actions in tort law, and is divided into subcategories, which include “intentional tort.” Intentional tort occurs when a person intends to perform an action that causes harm to another. For intentional tort to be proven, it […]
Read moreConcurrent jurisdiction occurs when more than one court has the authority to hear and decide a civil or criminal case. For instance, in the United States, both federal and state courts have concurrent jurisdiction to hear and decide many types of cases. Similarly, many states have instituted specialized courts, such as small claims courts, traffic courts, and family courts, which […]
Read moreIn civil law, the term “damages” refers to the sum of money that may be awarded to a party in compensation for an injury, damage to property, or other loss. There are two types of damages that may be awarded by the court, “compensatory,” and “punitive.” Compensatory damages, also referred to as “actual damages,” provide a plaintiff with the amount […]
Read moreApparent authority arises when someone reasonably believes a person has the authority to act on behalf of another person or entity to engage in business transactions or enter into contracts. Typically, this belief stems from the person’s actions leading to the belief that they have been given authority to act. The issue of apparent authority is most often relevant in […]
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