The Law Dictionary for Everyone
The 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 moreThe legal term collateral estoppel refers to the common law rule that bans a person from suing, or “re-litigating,” an issue, after the court has decided that issue. This means that any issue of fact, or of law, decided in one case cannot be re-decided in another case that involves any party to the previous case. This does not bar […]
Read moreThis Latin term, caveat emptor, means “let the buyer beware,” and is commonly used in reference to purchasing real property, or used items that do not come with a warranty. This is a warning to buyers that they are responsible for making sure the property or item is in suitable condition, or that it fits their needs, before buying. To […]
Read moreThe phrase per se is a Latin term that means “in and of itself.” In a legal context, per se is commonly used to single out a single element of a larger issue. Per se is not an issue or topic, but serves to make sure listeners understand what the speaker is trying to pull out of the big picture, […]
Read moreObscenity is a legal term that refers to anything that offends a person’s morals. This may be doing something that is indecent, lewd, or obscene. Obscenity is commonly used in reference to pornography, though it pertains to much more. The courts have found determining just what qualifies as obscenity, as it is subject to each individual person’s moral values. The […]
Read moreSlander is a legal term that refers to a false, oral statement about an individual that harms his reputation or standing within the community. Slander is not a crime, but a civil wrong that is subject to being held responsible in a civil lawsuit. Statements made about a person must be factual, or they must express the legitimate opinion of […]
Read moreThe term pecuniary refers to something paid or given in money, or a monetary interest in something. For example, a person who owns stock in a company is said to have a pecuniary interest in the company, because his investment, loss, and gains can be measured in dollars. A person could receive a pecuniary award from a lawsuit, or be […]
Read moreParol evidence specifically refers to oral testimony given in court, though the term is most commonly used in the context of contract law, where it refers to extraneous or superfluous evidence, such as an oral or written agreement that was not part of the original contract. The parol evidence rule states that once a written agreement has been signed by […]
Read moreMalfeasance is a broad term that describes conduct that is inherently wrong or unlawful. It is most commonly used in reference to actions by public officials or employees who have failed to perform the duties required of them by statute. This description of corruption or misconduct may be used in both civil and criminal legal actions. To explore this concept, […]
Read moreMalicious prosecution it a legal term that refers to the filing of a civil or criminal case that has no probable cause, and is filed for some purpose other than obtaining justice. When such a case is decided in favor of the defendant, he may turn around and file a civil lawsuit against the plaintiff or prosecutor for malicious prosecution, […]
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