The Law Dictionary for Everyone
Treason is a betrayal of trust. In a legal sense, the term refers to the commission of overt acts to overthrow one’s own government, or to consciously and intentionally aid an enemy of the nation. The crime of treason is addressed in Article III, Section 3, of the U.S. Constitution, though its definition today is somewhat more broad. To explore […]
Read moreA search warrant is a court order authorizing law enforcement officials to search an individual’s private residence or other premises for evidence of a crime. The search warrant also allows law enforcement officials to confiscate any evidence they find that is related to the crime. Search warrants are made necessary by the Fourth Amendment to the U.S. Constitution, which protects […]
Read moreIn the U.S. Constitution, certain specific powers are granted to the federal government. The Constitution reserves all other powers to the states. These are known as “reserved powers.” The reserved powers clause is not found in the body of the Constitution itself, but is part of the Tenth Amendment. To explore this concept, consider the following reserved powers definition. Definition […]
Read moreThe doctrine of res judicata is similar to the criminal law concept of double jeopardy, but in a civil law setting. Res judicata bars any party to a civil lawsuit from suing again on the same claim or issue that has previously been decided by the court. This includes any issue that was heard and decided in the first lawsuit, […]
Read morePreamble refers to an introductory statement, which in turn describes, or states the reason for, the remaining portion of the document or writing. In the United States, the term preamble is most commonly associated with the introductory section of the U.S. Constitution. Preambles are, however, used at the beginning of other documents, such as charters, constitutions, and legal documents. To […]
Read moreThe term prior restraint refers to a governmental restriction on speech or other expression before it can take place. This is seen by many as a blatant violation of the First Amendment rights enjoyed by all Americans, but is sometimes used by courts concerned about the effect publicity might have on a person’s right to a fair trial. Prior restraint […]
Read moreThe Privileges and Immunities Clause of the U.S. Constitution seeks to ensure all people of the nation can travel freely throughout the states, without being treated in a discriminatory manner. Although each state in the newly formed nation maintained its autonomy, citizens needed to be able to expect to have the same rights as the people who lived in each […]
Read moreThe Miranda rights is a set of instructions that are required to be given to a person taken into custody on suspicion of having committed a criminal act, before he can be questioned by police. The purpose of the Miranda rights is to ensure such individuals are made aware of their right to not make any statement that incriminates themselves, […]
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 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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