The Law Dictionary for Everyone
A domicile is an individual’s principal place of residence, the place to which he intends to return when he goes out. The location of a person’s domicile is typically determined by this intent, as it is the place he has established his home, having no plan to vacate it soon. In a legal sense, an individual’s domicile becomes important in […]
Read moreThe Latin term sua sponte, which translates as “of one’s own accord,” is used to describe an act of authority made without prompting, or without a request having been made. In the U.S. legal system, sua sponte generally refers to a decision made, or action taken, by a judge of his own accord, with no motion or request having been […]
Read moreCross-examination is the legal process of interrogating a witness that has been called to testify by the opposing party in a legal proceeding. When a party calls a witness to testify in court, he must follow certain rules in questioning the witness. This is called “direct examination.” Once this questioning is finished, the opposing party is given an opportunity to […]
Read moreThe term strict constructionism refers to a philosophy of law that would restrict judicial interpretation of the law, as well as of the U.S. Constitution, to apply the text of the law, exactly as written, in making judgements and rulings. In other words, under strict constructionist principles, judges would not be allowed to consider the intent of the law, but […]
Read moreThe Latin term stare decisis refers to the doctrine of precedent, which obliges judges to make certain court decisions according to previous rulings made by a higher court in the same type of case. The purpose of stare decisis is to promote consistent, predictable rulings on cases of similar nature. While prior decisions often become precedent in the U.S., adherence […]
Read moreCommon Law meaning Common law is a term used to refer to law that is developed through decisions of the court, rather than by relying solely on statutes or regulations. Also known as “case law,” or “case precedent,” common law provides a contextual background for many legal concepts. Common laws vary depending on the jurisdiction, but in general, the ruling […]
Read moreThe 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 moreThe Latin term res ipsa loquitur translates to “the thing speaks for itself,” and is used in the U.S. legal system to refer to a doctrine of law in which an individual is assumed to have been negligent because he had exclusive control over the incident that caused the injury or damages. This assumption may be made even without specific […]
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 more