Law School

Contract law (2022): Contract interpretation: Standard form contract

21 Dec 2021

Contributed by Lukas

A standard form contract (sometimes referred to as a contract of adhesion, a leonine contract, a take-it-or-leave-it contract, or a boilerplate contra...

Tort law (2022): Property torts: Conversion (Part 3 of 3)

20 Dec 2021

Contributed by Lukas

Defenses. In a conversion suit, it is no defense to claim that the defendant was not negligent or that the defendant acquired the plaintiff's property...

Word of the Day

18 Dec 2021

Contributed by Lukas

Felony - A crime carrying a penalty of more than a year in prison.  A felony is traditionally considered a crime of high seriousness, whereas a m...

Taxation in the US: Excise tax (Part 2 of 2)

17 Dec 2021

Contributed by Lukas

Excise tax types. The effective federal excise tax rate for different household income groups (2007). The effective tax rate equals total federal exci...

Property law (2022): Acquisition: Right of Conquest & Discovery Doctrine

16 Dec 2021

Contributed by Lukas

The right of conquest is a right of ownership to land after immediate possession via force of arms. It was recognized as a principle of international ...

Criminal law (2022): Scope of criminal liability: Complicity

15 Dec 2021

Contributed by Lukas

Complicity is the participation in a completed criminal act of an accomplice, a partner in the crime who aids or encourages (abets) other perpetrators...

Contract law (2022): Defenses against formation: Non est factum / Contract interpretation: Parol evidence rule

14 Dec 2021

Contributed by Lukas

Non est factum (Latin for "it is not  deed") is a defense in contract law that allows a signing party to escape performance of an agreement "whic...

Tort law (2022): Property torts: Conversion (Part 2 of 3)

13 Dec 2021

Contributed by Lukas

Acts constituting conversion. An action for conversion does not rest on knowledge or intent of the defendant. The act constituting "conversion" must b...

United States v. Texas (2021)

12 Dec 2021

Contributed by Lukas

United States v Texas was United States Supreme Court case that involved the Texas Heartbeat Act (also known as Senate Bill 8 or SB8), a state law tha...

Taxation in the US: Excise tax (Part 1 of 2)

11 Dec 2021

Contributed by Lukas

Excise tax in the United States is an indirect tax on listed items. Excise taxes can be and are made by federal, state, and local governments and are...

Property law (2022): Acquisition: Deed

09 Dec 2021

Contributed by Lukas

In common law, a deed is any legal instrument in writing which passes, affirms or confirms an interest, right, or property and that is signed, atteste...

Criminal law (2022): Scope of criminal liability: Accomplice

08 Dec 2021

Contributed by Lukas

Under the English common law, an accomplice is a person who actively participates in the commission of a crime, even if they take no part in the actua...

Contract law (2022): Defenses against formation: Statute of Frauds

07 Dec 2021

Contributed by Lukas

The statute of frauds is the requirement that certain kinds of contracts be memorialized in writing, signed by the party to be charged, with sufficien...

Tort law (2022): Property torts: Conversion

06 Dec 2021

Contributed by Lukas

Conversion is an intentional tort consisting of "taking with the intent of exercising over the chattel an ownership inconsistent with the real owner's...

Taxation in the US: Estate tax (Part 3 of 3)

03 Dec 2021

Contributed by Lukas

Debate. The estate tax is a recurring source of contentious political debate and political football. Generally the debate breaks down between a side w...

Property law (2022): Acquisition: Adverse Possession (2 of 2)

02 Dec 2021

Contributed by Lukas

The process of adverse possession would require a thorough analysis if private property is taken by eminent domain, after which control is given to a ...

Criminal law (2022): Scope of criminal liability: Accessory

01 Dec 2021

Contributed by Lukas

An accessory is a person who assists in, but does not actually participate in, the commission of a crime. The distinction between an accessory and a p...

Contract law (2022): Defenses against formation: Illusory Promise

30 Nov 2021

Contributed by Lukas

In contract law, an illusory promise is one that courts will not enforce. This is in contrast with a contract, which is a promise that courts will enf...

Tort law (2022): Property torts: Trespass to chattels

29 Nov 2021

Contributed by Lukas

Trespass to chattels is a tort whereby the infringing party has intentionally (or, in Australia, negligently) interfered with another person's lawful ...

Taxation in the US: Estate tax (Part 2)

26 Nov 2021

Contributed by Lukas

Exemptions and tax rates.  As noted before, a certain amount of each estate is exempted from taxation by the law. Below is a table of the amount ...

Property law (2022): Acquisition: Adverse possession

25 Nov 2021

Contributed by Lukas

Hostile possession. The disseisor must have entered or used the land without permission from the true owner. The disseisor's motivations may be interp...

11/24/2021 Criminal law (2022): Elements: Concurrence

24 Nov 2021

Contributed by Lukas

In Western jurisprudence, concurrence (also contemporaneity or simultaneity) is the apparent need to prove the simultaneous occurrence of both actus r...

Contract law (2022): Defenses against formation: Duress

23 Nov 2021

Contributed by Lukas

In jurisprudence, duress or coercion refers to a situation whereby a person performs an act as a result of violence, threat, or other pressure against...

Tort law (2022): Property torts: Trespass to land

22 Nov 2021

Contributed by Lukas

Trespass to land is a common law tort or crime that is committed when an individual or the object of an individual intentionally (or, in Australia, ne...

Taxation in the US: Estate tax (Part 1)

19 Nov 2021

Contributed by Lukas

The estate tax in the United States is a federal tax on the transfer of the estate of a person who dies. The tax applies to property that is transferr...

Property law (2022): Acquisition: Adverse possession (Part 1 of 2)

18 Nov 2021

Contributed by Lukas

Adverse possession, sometimes colloquially described as "squatter's rights", is a legal principle under which a person who does not have legal title t...

Criminal law (2022): Elements: Foreseeability

18 Nov 2021

Contributed by Lukas

Foreseeability. Legal Causation is usually expressed as a question of 'foreseeability'. An actor is liable for the foreseeable, but not the unforeseea...

Contract law (2022): Defenses against formation: Lack of capacity

17 Nov 2021

Contributed by Lukas

Capacity or more fully mental capacity covers day-to-day decisions, including: what to wear and what to buy, as well as, life-changing decisions, such...

Tort law (2022): Property torts: Trespass (Part 2 of 2)

15 Nov 2021

Contributed by Lukas

Trespass to goods. Trespass to chattels, also known as trespass to goods or trespass to personal property, is defined as "an intentional interference ...

Google LLC v Oracle America, Inc. / Florida v Georgia

12 Nov 2021

Contributed by Lukas

Google LLC v Oracle America, Inc. was a legal case within the United States related to the nature of computer code and copyright law. The dispute cent...

Property law (2022): Types of property: Unowned / Acquisition: A gift

11 Nov 2021

Contributed by Lukas

Unowned property refers to tangible, physical things which are capable of being reduced to being property owned by an individual but are not owned by ...

Criminal law (2022): Elements: Causation

10 Nov 2021

Contributed by Lukas

Causation is the "causal relationship between the defendant's conduct and end result". In other words, causation provides a means of connecting conduc...

Contract law (2022): Contract formation: Implied-in-fact contract + Collateral contract

09 Nov 2021

Contributed by Lukas

An implied-in-fact contract is a form of an implied contract formed by non-verbal conduct, rather than by explicit words. The United States Supreme Co...

Tort law (2022): Property torts: Trespass (Part 1 of 2)

08 Nov 2021

Contributed by Lukas

Trespass is an area of criminal law or tort law broadly divided into three groups: trespass to the person, trespass to chattels, and trespass to land....

Taxation in the US: Corporate tax (Part 2 of 2)

05 Nov 2021

Contributed by Lukas

Tax credits. Corporations, like other businesses, may be eligible for various tax credits which reduce federal, state or local income tax. The largest...

Property law (2022): Types of property: Personal property + Community property

04 Nov 2021

Contributed by Lukas

Personal property is property that is movable. In common law systems, personal property may also be called chattels or personalty. In civil law system...

Criminal Law(2022): Elements: Mens rea

03 Nov 2021

Contributed by Lukas

Mens rea (Law Latin for "guilty mind") is the mental element of a person's intention to commit a crime; or knowledge that one's action or lack of acti...

Contract law (2022): Contract formation: Consideration

02 Nov 2021

Contributed by Lukas

Consideration is a concept of English common law and is a necessity for simple contracts but not for special contracts (contracts by deed). The concep...

Tort law (2022): Intentional torts: Transferred intent (or transferred mens rea, or transferred malice)

01 Nov 2021

Contributed by Lukas

Transferred intent (or transferred mens rea, or transferred malice, in English law) is a legal doctrine that holds that, when the intention to harm on...

Taxation in the US: Corporate tax (Part 1 of 2)

29 Oct 2021

Contributed by Lukas

Corporate tax is imposed in the United States at the federal, most state, and some local levels on the income of entities treated for tax purposes as ...

Property law (2022): Types of property: Real property

28 Oct 2021

Contributed by Lukas

In English common law, real property, real estate, realty, or immovable property is land which is the property of some person and all structures (also...

Criminal law of the United States (2022): Elements: Actus reus

27 Oct 2021

Contributed by Lukas

Actus reus, sometimes called the external element or the objective element of a crime, is the Latin term for the "guilty act" which, when proved beyon...

Contract law (2022): Contract formation: mirror image rule + invitation to treat + firm offer

26 Oct 2021

Contributed by Lukas

In the law of contracts, the mirror image rule, also referred to as an unequivocal and absolute acceptance requirement, states that an offer must be a...

Tort law (2022): Intentional torts: Intentional infliction of emotional distress

25 Oct 2021

Contributed by Lukas

Intentional infliction of emotional distress (IIED; sometimes called the tort of outrage) is a common law tort that allows individuals to recover for ...

Taxation in the US: Capital Gains (Part 2 of 2)

22 Oct 2021

Contributed by Lukas

In the United States of America, individuals and corporations pay U.S. federal income tax on the net total of all their capital gains. The tax rate de...

Property law in the United States (2022)

21 Oct 2021

Contributed by Lukas

Property law in the United States is the area of law that governs the various forms of ownership in real property (land and buildings) and personal pr...

Criminal law of the United States (2022): Overview

20 Oct 2021

Contributed by Lukas

Responsibility for criminal law and criminal justice in the United States is shared between the states and the federal government. Sources of law. The...

Contract law (2022): Contract formation: The Posting Rule

19 Oct 2021

Contributed by Lukas

The posting rule (or mailbox rule in the United States, also known as the "postal rule" or "deposited acceptance rule") is an exception to the general...

Tort law (2022): Intentional torts: False imprisonment

18 Oct 2021

Contributed by Lukas

False imprisonment or unlawful imprisonment occurs when a person intentionally restricts another person’s movement within any area without legal aut...

Taxation in the US: Capital Gains (Part 1 of 2)

15 Oct 2021

Contributed by Lukas

In the United States of America, individuals and corporations pay U.S. federal income tax on the net total of all their capital gains. The tax rate de...

Property law (2022): Overview

14 Oct 2021

Contributed by Lukas

Property law is the area of law that governs the various forms of ownership in real property (land) and personal property. Property refers to legally...

Criminal law (2022): Overview

13 Oct 2021

Contributed by Lukas

Criminal law is the body of law that relates to crime. It prescribes conduct perceived as threatening, harmful, or otherwise endangering to the proper...

Contract law (2022): Contract formation: Offer and acceptance

12 Oct 2021

Contributed by Lukas

Offer and acceptance are generally recognized as essential requirements for the formation of a contract, and analysis of their operation is a traditio...

Tort law (2022): Intentional torts: Battery

11 Oct 2021

Contributed by Lukas

At common law, battery is a tort falling under the umbrella term 'Trespass to the person'. Entailing unlawful contact which is directed and intentiona...

United States Constitutional Law (2022): Overview (Part 2 of 2)

08 Oct 2021

Contributed by Lukas

The Executive: Powers committed to the President of the United States (Article II). Article II, Section 1, vests the executive power in the President ...

United States Constitutional Law (2022): Overview (Part 1 of 2)

07 Oct 2021

Contributed by Lukas

United States constitutional law is the body of law governing the interpretation and implementation of the United States Constitution. The subject mai...

United States contract law (Part 2 of 2)

06 Oct 2021

Contributed by Lukas

Formality. Ordinarily, contracts do not have to be in writing to be enforceable. However, certain types of contracts do have to be reduced to writing ...

United States contract law (Part 1 of 2)

05 Oct 2021

Contributed by Lukas

Contract law regulates the obligations established by agreement, whether express or implied, between private parties in the United States. The law of ...

Tort Law (2022): Intentional tort: Assault

04 Oct 2021

Contributed by Lukas

An intentional tort is a category of torts that describes a civil wrong resulting from an intentional act on the part of the tortfeasor (alleged wrong...

Family law: Paternity law: DNA paternity testing

01 Oct 2021

Contributed by Lukas

DNA paternity testing is the use of DNA profiles to determine whether an individual is the biological parent of another individual. Paternity testing ...

Taxation in the US: Alternative minimum tax: Part 2

30 Sep 2021

Contributed by Lukas

Credits. Credits are allowed against AMT for foreign taxes and certain specified business credits. The AMT foreign tax credit limitation is redetermin...

Contracts (2022): Introduction: Part 4 (of 4)

29 Sep 2021

Contributed by Lukas

Remedies. In the United Kingdom, breach of contract is defined in the Unfair Contract Terms Act 1977 as:  non-performance,  poor performance...

Tort Law (2022) Overview: Part 2 of 2

28 Sep 2021

Contributed by Lukas

Intentional torts. Intentional torts are any intentional acts that are reasonably foreseeable to cause harm to an individual, and that do so. Intentio...

Tort Law (2022) Overview: Part 1 of 2

27 Sep 2021

Contributed by Lukas

A tort, in common law jurisdiction, is a civil wrong (other than breach of contract) that causes a claimant to suffer loss or harm, resulting in legal...

Contracts (2022): Introduction: Part 3 (of 4)

24 Sep 2021

Contributed by Lukas

Defenses. Vitiating factors constituting defenses to purported contract formation include: Mistake (such as non est factum). Incapacity, including men...

Contracts (2022): Introduction: Part 2 (of 4)

23 Sep 2021

Contributed by Lukas

Formalities and writing requirements for some contracts. A contract is often evidenced in writing or by deed, the general rule is that a person who si...

Contracts (2022): Introduction: Part 1 (of 4)

22 Sep 2021

Contributed by Lukas

A contract is a legally binding agreement that defines and governs the rights and duties between or among its parties. A contract is legally enforceab...

Torts (2022): United States tort law: Part 2

21 Sep 2021

Contributed by Lukas

Negligence. Amongst unintentional torts one finds negligence as being the most common source of common law. Most Americans are under the impression th...

Torts (2022): United States tort law: Part 1

20 Sep 2021

Contributed by Lukas

Intentional torts. Intentional torts involve situations in which the defendant desires or knows to a substantial certainty that his act will cause the...

Public interest law

17 Sep 2021

Contributed by Lukas

Public interest law refers to legal practices undertaken to help poor or marginalized people, or to effect change in social policies in the public int...

Sports law in the United States

16 Sep 2021

Contributed by Lukas

Sports law in the United States overlaps substantially with labor law, contract law, competition or antitrust law, and tort law. Issues like defamatio...

Taxation in the US: Alternative minimum tax: Part 1

15 Sep 2021

Contributed by Lukas

The alternative minimum tax (AMT) is a tax imposed by the United States federal government in addition to the regular income tax for certain individua...

Family law: Paternity law

14 Sep 2021

Contributed by Lukas

Paternity law refers to the body of law underlying the legal relationship between a father and his biological or adopted children and deals with the r...

Goldman Sachs Group, Inc v Arkansas Teacher Retirement System

13 Sep 2021

Contributed by Lukas

Goldman Sachs Group, Inc v Arkansas Teacher Retirement System, (2021), was a 2021 decision of the Supreme Court of the United States related to securi...

US Corporate Law: Part VI (Derivative suits + Minority shareholder protections)

10 Sep 2021

Contributed by Lukas

Derivative suits. Because directors owe their duties to the corporation and not, as a general rule, to specific shareholders or stakeholders, the righ...

Space law: Part 1

09 Sep 2021

Contributed by Lukas

Space law is the body of law governing space-related activities, encompassing both international and domestic agreements, rules, and principles. Param...

Taxation in the US: Part 5 Tax administration (Federal + State + History)

08 Sep 2021

Contributed by Lukas

Tax administration. Taxes in the United States are administered by hundreds of tax authorities. At the federal level there are three tax administratio...

Family law: Dissolution of marriages: Parenting Coordinator

07 Sep 2021

Contributed by Lukas

Parenting coordinator (PC) is a relatively new practice used in some US states to manage ongoing issues in high-conflict child custody and visitation ...

Cedar Point Nursery v. Hassid

06 Sep 2021

Contributed by Lukas

Cedar Point Nursery v Hassid, (2021), was a United States Supreme Court case involving eminent domain and labor relations. In its decision, the Court ...

US Corporate Law: Part V (Directors' duties + Stakeholder interests + Conflicts of interest)

03 Sep 2021

Contributed by Lukas

Directors' duties. While corporate constitutions typically set out the balance of power between directors, shareholders, employees and other stakehold...

Family law: Dissolution of marriages: Custody evaluation

02 Sep 2021

Contributed by Lukas

Custody evaluation (also known as "parenting evaluation") is a legal process, in which a court-appointed mental health expert or an expert chosen by t...

Criminal procedure: Post-sentencing: Sexually violent predator laws

01 Sep 2021

Contributed by Lukas

Some jurisdictions may commit certain types of dangerous sex offenders to state-run detention facilities following the completion of their sentence if...

Taxation in the US: Part 2 (Property taxes +Customs duties + Estate and gift taxes)

31 Aug 2021

Contributed by Lukas

Property taxes Most jurisdictions below the state level in the United States impose a tax on interests in real property (land, buildings, and permanen...

Mahanoy Area School Dist. v. B. L.

30 Aug 2021

Contributed by Lukas

Mahanoy Area School District v B L (2021), was a United States Supreme Court case involving the ability of schools to regulate student speech made off...

US Corporate Law: Part IV: Shareholder rights + Investor rights + Employee rights

27 Aug 2021

Contributed by Lukas

While the board of directors is generally conferred the power to manage the day-to-day affairs of a corporation, either by the statute, or by the arti...

Criminal procedure: Post-sentencing: Habitual offender + Sex offender registry

26 Aug 2021

Contributed by Lukas

A habitual offender, repeat offender, or career criminal is a person convicted of a crime who was previously convicted of crimes. Various states and j...

Taxation in the US: Income tax (part 2)

25 Aug 2021

Contributed by Lukas

Credits A wide variety of tax credits may reduce income tax at the federal and state levels. Some credits are available only to individuals, such as t...

Family law: Dissolution of marriages: Shared parenting

24 Aug 2021

Contributed by Lukas

Shared parenting, shared residence, joint residence, shared custody or joint physical custody is a child custody arrangement after divorce or separati...

Collins v. Yellen

23 Aug 2021

Contributed by Lukas

Collins v Yellen, (2021), was a United States Supreme Court case dealing with the structure of the Federal Housing Finance Agency (FHFA). The case fol...

US Corporate Law: Part III

20 Aug 2021

Contributed by Lukas

Delegated management and agents. Although a corporation may be considered a separate legal person, it physically cannot act by itself. There are, ther...

Criminal procedure: Post-sentencing: Recidivism

19 Aug 2021

Contributed by Lukas

Recidivism (/rɪˈsɪdɪvɪzəm/; from recidive and ism, from Latin recidīvus "recurring", from re- "back" and cadō "I fall") is the act of a person...

Taxation in the US: Income tax

18 Aug 2021

Contributed by Lukas

Income tax Taxes based on income are imposed at the federal, most state, and some local levels within the United States. The tax systems within each j...

Family law: Dissolution of marriages: Alimony

17 Aug 2021

Contributed by Lukas

Alimony (also called aliment (Scotland), maintenance (England, Ireland, Northern Ireland, Wales, Canada, New Zealand), spousal support (U.S., Canada) ...

Lange v. California

16 Aug 2021

Contributed by Lukas

Lange v California, (2021), was a United States Supreme Court case involving the exigent circumstances requirement related to the Fourth Amendment to ...

US Corporate Law: Part II

13 Aug 2021

Contributed by Lukas

Corporations are invariably classified as "legal persons" by all modern systems of law, meaning that like natural persons, they may acquire rights and...

Criminal procedure: Post-sentencing: Pardon

12 Aug 2021

Contributed by Lukas

A pardon is a government decision to allow a person to be relieved of some or all of the legal consequences resulting from a criminal conviction. A pa...

Taxation: in the United States

11 Aug 2021

Contributed by Lukas

The United States of America has separate federal, state, and local governments with taxes imposed at each of these levels. Taxes are levied on income...

Family law: Dissolution of marriages: Parenting plan + Legal separation

10 Aug 2021

Contributed by Lukas

A parenting plan is a child custody plan that is negotiated by parents, and which may be included in a marital separation agreement or final decree of...

Yellen v Confederated Tribes of the Chehalis Reservation

09 Aug 2021

Contributed by Lukas

Yellen v Confederated Tribes of the Chehalis Reservation, (2021), was a United States Supreme Court case dealing with the classification of Alaska Nat...

US Corporate Law: History

06 Aug 2021

Contributed by Lukas

United States corporate law regulates the governance, finance and power of corporations in U S law. Every state and territory has its own basic corpor...