The Law Dictionary for Everyone
A false arrest is an arrest that is made without a warrant, or without probable cause. It is possible to sue law enforcement officials for false arrest. However, those who are typically sued for false arrest include businesses, private citizens, private security, or bounty hunters. To explore this concept, consider the following false arrest definition. Definition of False Arrest Noun […]
Read moreA case of first impression is a case in which an issue that has not previously been considered or decided by a higher court. This means that there is no legally binding authority by which the case must be decided. Cases of first impression are most commonly heard after some new legislation has been passed, and an issue requires interpretation […]
Read moreThe Latin term de novo is used in the U.S. legal system to refer to something that is started over from the beginning, or from the new. For instance, an appellate court might review all of the facts of a trial, and order the court to hear the case again – without referring to any of the prior assumptions or […]
Read moreDuty of Care meaning in law A duty of care is the legal responsibility of a person or organization to avoid any behaviors or omissions that could reasonably be foreseen to cause harm to others. For example, a duty of care is owed by an accountant in correctly preparing a customer’s tax returns, to minimize the chance of an IRS […]
Read more“Due care” is a term used to refer to the degree of care that a “reasonable person” would take in a particular situation. For example, due care is expected when someone mails a package. This means that the person should take all of the necessary precautions to ensure that the package will arrive at its definition safely and intact. The […]
Read moreDiminished capacity is a legal defense used by a defendant to argue that, while he admits to having broken the law, he should not be held fully criminally liable due to his “diminished” mental state at the time. Diminished capacity is a partial defense, which requires the defendant to have committed the crime while in a very specific state of […]
Read moreA declaratory judgment is a judgment from a court that defines the legal relationship that exists between the parties to a lawsuit, as well as their rights in the matter. A declaratory judgment does not make a conclusive decision on a case. Rather, it is used for the purpose of settling a dispute so that the case can progress freely […]
Read moreThe term “solicitor” is mainly used in England to describe attorneys who handle mostly office work, as opposed to going to court to litigate cases. In the U.S., the term is typically used to refer to a chief law enforcement officer, but it is generally not used to describe attorneys. Another important position that employs the solicitor term is the […]
Read moreA bailor is a person who trusts another person to keep property safe until that property can be returned to its owner. This agreement is usually established under a contract of bailment. The bailor is not always the owner of the property, but may instead be entrusted by the owner of the property. An example of a bailor is someone […]
Read moreThe legal term abuse of process refers to the act of using the legal process – during a legal proceeding – to harass another party to the suit, to intentionally incur costs with the intent that the other party will be ordered to pay those costs, or to delay the court action. Abuse of process is a tort that may […]
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