The Law Dictionary for Everyone
The legal term probative value refers to any evidence that serves the purpose of proving something during a trial. Probative value considers the evidence’s usefulness in proving, or disproving, a particular fact in the case, with the court determining the actual value of such evidence according to its relevance to the case at hand. This becomes important in a trial […]
Read moreIn today’s world, people engage in fun and exciting activities which, by their very nature, are risky, with the possibility of being injured. Water skiing, rock climbing, watching a baseball game, are all examples of activities that people happily take part in, knowing that they might be injured, or incur some type of property damage. Assumption of risk is a […]
Read moreAffirmative defense is a legal term that pertains to a defendant’s response to being accused of a certain crime. When an affirmative defense is used, the defendant is basically admitting he committed the crime of which he is accused, but is offering an explanation or justification for the incident. When successful, an affirmative defense can help reduce the defendant’s legal […]
Read moreThe Latin term prima facie means “at first glance,” or “at first appearance,” and it is generally used to describe how a situation appears on initial observation. In the legal system, prima facie is commonly used to refer to either a piece of evidence which is presumed to be true when first viewed, or a legal claim in which enough […]
Read moreIn a legal context, preemption refers to the principle that certain matters which have a national effect are governed by federal laws, rather than any contradictory state or local laws that may exist. This doctrine is based on the U.S. Constitution’s Supremacy Clause, which specifies that federal law preempts inconsistent state law. To explore this concept, consider the following preemption […]
Read moreLiterally “parent of one’s country,” this Latin term refers to the inherent responsibility of the government, or of the court system, to protect people who cannot protect or care for themselves. The concept of parens patriae in the U.S. legal system most commonly applies to issues of child custody and protection, though it may also be used in protecting others […]
Read moreIn legal terms, insanity refers to a disorder of the mind which impairs an individual’s ability to know right from wrong, or otherwise prevents him from understanding that his actions are wrong. In the prosecution of a criminal case, a defendant who is normally free from mental disorder may assert that he was insane only briefly, at the time he […]
Read moreThe Latin term nunc pro tunc translates literally to “now for then.” This term is commonly used in the U.S. legal system to signify that a court ruling or order applies retroactively to a ruling made at an earlier date. The most common use of nunc pro tunc is to correct clerical errors, or accidental omissions made by the court […]
Read moreThe Latin term nolle prosequi means to “be unwilling to pursue,” and is used in the criminal legal system to signify that the prosecution is discontinuing, or will not prosecute. In simple terms, nolle prosequi amounts to a voluntary dismissal of criminal charges by the prosecution, or a dismissal of a civil lawsuit. This may be done before trial, or […]
Read moreThe Latin term in limine literally means “on the threshold,” or “at the start.” A motion in limine is a motion made to the court before a jury has been selected in either a civil or a criminal case. Motions in limine ask the court to order the opposing party, its counsel, and witnesses not to talk about, or even […]
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