The Law Dictionary for Everyone
A witness is referred to as a “hostile witness” if he refuses to tell the truth in a court of law after having previously sworn that he would; or if he is open against the party who called him as a witness. The side that calls the witness, be it the prosecution or the defense, believes the witness will provide […]
Read moreThe term inchoate crimes refers to acts engaged in toward the commission of a criminal act, or which amount to indirect participation in a criminal act. While such an action may not be a crime in and of itself, it is engaged in for the purpose of furthering or advancing a crime. These types of acts are illegal because it […]
Read moreConstructive notice is an idea in the legal world that a person may be notified by public posting of a pending legal action. This may be done in the event that the individual cannot be served personally or by mail. If the requirements for constructive notice have been met, the court deems the party to have been given notice, whether […]
Read moreIn the law, the term forum non conveniens refers to the discretionary power of a court to not hear a case that may be more appropriately – or more conveniently – heard in another court. The exercise of forum non conveniens results in the dismissal of the case, but does not prevent the plaintiff from filing the case in a […]
Read moreThe term de minimis is a Latin expression that translates roughly to “pertaining to minimal things.” In the U.S. legal system, the term is used to refer to certain facts or issues that are so minor as to be undeserving of the court’s attention. In addition, de minimis is relevant to certain bond and securities income, as well as employee […]
Read moreThe term “bad faith” is used to describe a person’s intent to defraud or deceive. The person may be defrauding or deceiving himself or another person. The concept of bad faith is often associated with “double heartedness,” which essentially means that while a person is acting one way, his intentions are more sinister than they may appear on the surface. […]
Read moreIn the law, a conspiracy refers to an agreement between two or more people to commit an unlawful act, or to deprive another person of his legal rights. The agreement to act must be moved toward a conclusion, whether or not it is actually accomplished. Plans made by a certain combination of people for unlawful or secret purposes may also […]
Read moreThe legal term assumpsit comes from the Latin assumere, meaning “he undertook.” It refers to a promise made to induce someone to engage in some act, or to pay something to another person. Assumpsit may be made orally, or in writing. This is a common-law concept that has to do with whether or not a contract was made, and whether […]
Read moreThe best evidence rule is a rule of evidence that requires an original document, photograph, or other piece of evidence be introduced to the court to prove the contents of that same item. As an example of the best evidence rule’s purpose, consider a plaintiff arguing that a specific provision to a contract didn’t exist. The parties must produce the […]
Read moreFollowing is the case brief for Eakin v. Raub, 12 Sergeant & Rawle 330 (Pa. 1825) Case Summary of Eakin v. Raub: Plaintiffs sued to eject defendants from land. The trial court found for defendants, finding that a change in the relevant statute of limitations barred plaintiffs’ action. The Pennsylvania Supreme Court reversed and ordered a new trial. In dicta, […]
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