The Law Dictionary for Everyone
An appellant is someone who applies to a higher court to ask that court to review a decision that is made by a lower court. An appellant must show that he has sufficient grounds for an appeal, which are usually defined by the statute, in order to challenge a judgment. A plaintiff or a defendant in a lower court action […]
Read moreThe term inverse condemnation refers to the taking or damaging of a person’s real property by a government entity, without payment of just compensation. This issue is related to the government’s responsibility under the Fifth Amendment’s eminent domain provision. In such cases, the property owner is faced with the prospect of suing the government in order to obtain compensation. To […]
Read moreA constructive trust is a legal concept created by the courts that describes the remedy that can be sought when a person holds the legal right to property that he should not be able to keep. This property is property that is illegally gained through fraud, wrongdoing, or some other kind of reprehensible behavior. The purpose of a constructive trust […]
Read moreThe legal term in propria persona is a Latin phrase that translates to mean “in his or her own person.” For example, in propria persona, in the field of law, means that a person is representing himself in a lawsuit, and is therefore giving the court jurisdiction over his case. The term is typically abbreviated to “in pro per,” and […]
Read moreGood cause is defined in the legal sense as a sufficient reason for a judge to make a ruling. The term “good cause,” however, is a broad one, and its definition depends upon the circumstances of each individual case. For instance, someone suffering from a serious illness may have good cause for requesting additional time from the court when he […]
Read moreThe term condition precedent refers to something that must happen, or a circumstance that must exist, before something else will happen. This is a common issue in contract law, where one party is to perform his duties under the contract only after the other party has performed his. For instance, Bob will install the new air conditioner at Jack’s home […]
Read moreIn a legal sense, when someone is granted immunity, this means that he has been granted an exemption from a legal requirement or consequence. Examples of immunity include releases from payments or penalties. Immunity from prosecution is a legal doctrine that permits a person to avoid being prosecuted for a criminal offense. This is usually granted in exchange for something […]
Read moreGeneral damages amount to financial compensation that is issued by a court to compensate for injuries suffered, for which no real dollar value can be calculated. Examples of general damages can include financial compensation for pain and suffering, or for a shortened life expectancy. General damages may also arise from a breach of contract claim. To explore this concept, consider […]
Read moreEquitable estoppel is a legal principle that stops someone from taking a legal action that conflicts with his previous claims or behaviors. Essentially, equitable estoppel is a method of preventing someone from going back on his word in a court of law. For example, equitable estoppel would be granted to a defendant if the plaintiff previously gave his permission for […]
Read moreThe legal term clean hands refers to a defense in a civil lawsuit regarding a contract, which allows a defendant (the person being sued) to claim that the plaintiff (the person suing) has engaged in wrongdoing. If the defendant is successful in proving the plaintiff had unclean hands through bad or illegal behavior, the plaintiff would not be able to […]
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