The Law Dictionary for Everyone
The term “scienter” is used to describe the mental state of a person who intends to manipulate or defraud another person. An act is performed “knowingly” if it is done voluntarily and deliberately. The accused cannot be proven to have “guilty knowledge” of the results of his actions if those results were from a mistake or accident. The accused must […]
Read moreThe term “replevin” is used to describe the act of recovering someone’s personal property that was either taken wrongfully or held improperly. Replevin is also referred to as “claim and delivery.” In most cases, when a person is wronged insofar as suffering the loss of property, he will seek money damages as compensation. In the case of replevin, however, the […]
Read moreCourts use the term “unconscionable” to describe conduct that is either unjust or one-sided to benefit one party more than the other. In contract law, an unconscionable contract is one that no reasonable person would enter into without some very compelling reason. Those who do end up entering into unconscionable contracts tend to be poorly educated, living in poverty, and/or […]
Read moreA Terry Stop is the authorized stopping and detaining of someone based on suspicions that the person has been involved in illegal activity. The individual, in this case, is not placed under arrest, but detained – usually in handcuffs – for officer safety during a brief investigation. The term’s origin comes from the 1968 case Terry v. Ohio, in which […]
Read moreSubstantive law is a type of law that handles the legal relationship between individuals, or between individuals and the state. Substantive law differs from procedural law, in that it defines people’s rights and responsibilities. Procedural law focuses more on the rules that are used to enforce those rights and responsibilities. To explore this concept, consider the following substantive law definition. […]
Read moreAn obligee is someone to whom something is owed. In addition, an obligee is someone who is legally obliged to receive something from another person. For example, an obligee – in family law – is the parent to whom child support has been awarded by the court, which must be paid by the other parent, and which must be received […]
Read moreThe term “subject matter jurisdiction” refers to the fact that specific courts are established to handle cases pertaining to a particular type of claim. For example, subject matter jurisdiction in the U.S. means that courts are divided up into sections, such as civil law, family law, and criminal law. A court in one of these divisions is said to have […]
Read morePromissory estoppel is the idea that a promise can be enforced by the law if, after relying on that promise, the promisee is injured or suffers a resulting loss. The idea of promissory estoppel is that the promisor is barred from arguing that the underlying promise at the heart of the case should not be legally upheld. While promissory estoppel […]
Read moreThe courts, in the U.S. legal system, do not have carte blanc to do whatever they please when cases are brought before them. In order to help ensure that the laws are applied fairly, there are certain rules and procedures that must be enforced when a court hears any case, whether civil or criminal. This set of laws, rules, and […]
Read moreThe Latin term nolo contendere, better known as “no contest,” is one possible plea to a criminal charge. A “no contest” plea is very similar to a guilty plea. However, the difference here is that a defendant who enters a nolo contendere plea agrees to be convicted and punished for a crime, while not actually admitting that he is guilty. […]
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