The Law Dictionary for Everyone
The Latin term respondeat superior, which translates as “let the master answer,” refers to a legal doctrine in which an employer may be held responsible for the actions of his employees, when the actions are performed “in the course of employment.” In order for respondeat superior to apply, there must be a clear employee-employer relationship established, as the principle does […]
Read moreBigamy is a legal term that refers to the condition of having more than one wife or husband at one time. Once a person is legally married, he or she must legally terminate that marriage before marrying another person. In the United States, the act of bigamy is a crime, and the marriage to the second spouse is subject to […]
Read moreQui tam is a philosophy of law in the U.S. that allows individuals who “blow the whistle” on fraud against the government to receive all or part of the financial recovery received by the government. Qui tam refers to a civil lawsuit brought by a private individual, the “whistleblower,” against the company or individual who is believed to have engaged […]
Read moreThe Latin term quantum meruit, translates to “as much as he has earned,” and refers to the actual value of services rendered. The legal theory of quantum meruit holds that a person should not be obliged to pay, nor should the other party receive, more than the value of the services exchanged. This concept may be used as an equitable […]
Read moreIn today’s world, people engage in fun and exciting activities which, by their very nature, are risky, with the possibility of being injured. Water skiing, rock climbing, watching a baseball game, are all examples of activities that people happily take part in, knowing that they might be injured, or incur some type of property damage. Assumption of risk is a […]
Read moreAffirmative defense is a legal term that pertains to a defendant’s response to being accused of a certain crime. When an affirmative defense is used, the defendant is basically admitting he committed the crime of which he is accused, but is offering an explanation or justification for the incident. When successful, an affirmative defense can help reduce the defendant’s legal […]
Read moreIn a legal context, the term peremptory refers to a decisive challenge with no opportunity given for debate, denial, or refusal. A peremptory challenge may be used by either party to a legal action in the jury-selection phase, to dismiss a potential juror without stating a reason. Other peremptory orders may be made by the court, such as setting a […]
Read moreLoss of consortium is a civil law term that describes the loss suffered by an individual after his or her spouse has died or been injured due to another person’s wrongful, negligent, or intentional act. Damages may be awarded for loss of consortium in a civil lawsuit, for the purpose of compensating the surviving or uninjured spouse for the loss […]
Read moreThe Latin term in limine literally means “on the threshold,” or “at the start.” A motion in limine is a motion made to the court before a jury has been selected in either a civil or a criminal case. Motions in limine ask the court to order the opposing party, its counsel, and witnesses not to talk about, or even […]
Read moreMitigating circumstances are facts that do not excuse a person for civil or criminal misconduct, but which may show that he had some valid reasons for his actions. Mitigating circumstances are often used in court proceedings when the judge or jury determines a defendant’s sentence for a crime, or damages in a civil lawsuit. To explore this concept, consider the […]
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