The Law Dictionary for Everyone
Mitigating circumstances are facts that do not excuse a person for civil or criminal misconduct, but which may show that he had some valid reasons for his actions. Mitigating circumstances are often used in court proceedings when the judge or jury determines a defendant’s sentence for a crime, or damages in a civil lawsuit. To explore this concept, consider the […]
Read moreWhen an individual files a lawsuit against another person or entity, he must prove to the judge or jury that his claims are true. The phrase preponderance of evidence refers to the level of proof the plaintiff must provide. In simple terms, the plaintiff must prove that it is more likely than not that the facts presented are true. To […]
Read moreThe phrase inter alia is a term commonly used in legal writing to mean “among other things.” It may be used, for instance, in referring to a court decision, to indicate that there were other rulings made by the court, but only a specific part is being cited. To explore this concept, consider the following inter alia definition. Definition of […]
Read moreThe phrase et seq. is an abbreviation of the Latin “et sequentes,” or “et sequential,” which mean “and the following.” In written documents, et seq. is used to reference specific pages, sections, or list numbers within statutes, articles, regulations, or other works, to indicate that the information is continued in the sections, or on the pages, which immediately follow. To […]
Read moreThe legal term en banc refers to the hearing of a case by the entire bench, or all of the judges of a court, rather than a panel of a selected few judges. En banc sessions are usually reserved for cases of great importance, or to review a contested decision of a panel of judges on a matter of particular […]
Read moreThe doctrine of laches is a legal defense that may be claimed in a civil matter, which asserts that there has been an unreasonable delay in pursuing the claim (filing the lawsuit), which has prejudiced the defendant, or prevents him from putting on a defense. The doctrine of laches is an equitable defense that seeks to prevent a party from […]
Read moreThe Latin term dictum refers to a statement or observation, made by an authoritative source, which does not directly speak to the facts, or affect the outcome, of a legal case. An example of this may include the discussion of a legal principal for the purpose of illustrating, suggesting, or creating an analogy to explain a court’s decision. A dictum […]
Read moreCircumstantial evidence is any evidence that requires some reasoning or inference in order to prove a fact. This type of evidence is sometimes referred to as “indirect evidence,” and it may have more than one explanation or lead to more than one conclusion. In many situations, more than one piece of circumstantial evidence may be used to draw the judge […]
Read moreBefore a trial can begin, a jury of the defendant’s peers must be selected. A pool of prospective jurors is called to the courthouse on a specified date and time, where they are questioned by the attorneys representing the parties, as well as the judge. The purpose of this questioning is to choose jurors who are unlikely to have already […]
Read moreThe Latin term arguendo is a legal term that means “for the sake of argument.” When arguing a point in court, or in an academic setting, using the phrase “assuming, arguendo, that …” allows the individual to examine certain conclusions based on disputed facts, without making an admission that those facts are true. This might occur, for example, when an […]
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