Law School

Criminal procedure: Post-sentencing: Miscarriage of justice

05 Aug 2021

Contributed by Lukas

A miscarriage of justice, also known as a wrongful conviction, occurs when a person is convicted and punished for a crime that he or she did not actua...

Constitutional law of the United States: Theory: Strict constructionism

04 Aug 2021

Contributed by Lukas

In the United States, strict constructionism is a particular legal philosophy of judicial interpretation that limits or restricts such interpretation ...

Family law: Dissolution of marriages: Grounds for divorce + No-fault divorce

03 Aug 2021

Contributed by Lukas

Grounds for divorce are regulations specifying the circumstances under which a person will be granted a divorce. Adultery is the most common grounds f...

HollyFrontier Cheyenne Refining, LLC v. Renewable Fuels Assn.

02 Aug 2021

Contributed by Lukas

HollyFrontier Cheyenne Refining, LLC v Renewable Fuels Association, (2021), was a United States Supreme Court case dealing with exemptions from blendi...

Wills, Trusts and Estates: Related topics: Blind trust + Totten trust + Forced heirship

30 Jul 2021

Contributed by Lukas

A blind trust is a trust in which the trust beneficiaries have no knowledge of the holdings of the trust, and no right to intervene in their handling....

Criminal procedure: Post-sentencing: Probation

29 Jul 2021

Contributed by Lukas

Probation in criminal law is a period of supervision over an offender, ordered by the court instead of serving time in prison.  In some jurisdict...

Constitutional law of the United States: Theory: Textualism

28 Jul 2021

Contributed by Lukas

Textualism is a formalist theory in which the interpretation of the law is primarily based on the ordinary meaning of the legal text, where no conside...

Family law: Dissolution of marriages: Adultery

27 Jul 2021

Contributed by Lukas

Adultery (from Latin adulterium) is extramarital sex that is considered objectionable on social, religious, moral, or legal grounds. Although the sexu...

Supreme Court: TransUnion LLC v Ramirez

26 Jul 2021

Contributed by Lukas

TransUnion LLC v Ramirez, (2021), was a United States Supreme Court case dealing with standing under Article III of the Constitution related to class-...

Wills, Trusts and Estates: Advance healthcare directive (living will)

23 Jul 2021

Contributed by Lukas

An advance healthcare directive, also known as living will, personal directive, advance directive, medical directive or advance decision, is a legal d...

Criminal procedure: Post-sentencing: Parole

22 Jul 2021

Contributed by Lukas

Parole is the early release of a prisoner who agrees to abide by certain conditions, originating from the French word "parole" ("speech, spoken words"...

Constitutional law of the United States: Theory: Purposive approach

21 Jul 2021

Contributed by Lukas

The purposive approach (sometimes referred to as purposivism, purposive construction, purposive interpretation, or the modern principle in constructio...

Family law: Dissolution of marriages: Grounds for divorce

20 Jul 2021

Contributed by Lukas

Grounds for divorce are regulations specifying the circumstances under which a person will be granted a divorce. Adultery is the most common grounds f...

Supreme Court: Minerva Surgical, Inc. v Hologic, Inc

20 Jul 2021

Contributed by Lukas

Minerva Surgical, Inc. v Hologic, Inc was a United States Supreme Court case dealing with the principle of assignor estoppel and its application. The ...

Wills, Trusts and Estates: Inheritance tax

16 Jul 2021

Contributed by Lukas

An inheritance tax is a tax paid by a person who inherits money or property of a person who has died, whereas an estate tax is a levy on the estate (m...

Criminal procedure: Sentencing: Life imprisonment + Indefinite imprisonment (indeterminate imprisonment) + habitual offender laws (three-strikes laws)

15 Jul 2021

Contributed by Lukas

Life imprisonment is any sentence of imprisonment for a crime under which convicted people are to remain in prison either for the rest of their natura...

Constitutional law: Theory: Originalism

14 Jul 2021

Contributed by Lukas

In the context of United States law, originalism is a concept regarding the interpretation of the Constitution that asserts that all statements in the...

Family law: Dissolution of marriages: Adultery

13 Jul 2021

Contributed by Lukas

Adultery (from Latin adulterium) is extramarital sex that is considered objectionable on social, religious, moral, or legal grounds. Although the sexu...

Supreme Court: Americans for Prosperity Foundation v Bonta (2021)

12 Jul 2021

Contributed by Lukas

Americans for Prosperity Foundation v Bonta was a United States Supreme Court case dealing with the disclosure of donors to non-profit organizations. ...

Wills, Trusts and Estates: Trusts: Administration: Laughing heir + Advancement + Disclaimer of interest

09 Jul 2021

Contributed by Lukas

In the law of inheritance, a laughing heir is an heir who is legally entitled to inherit the property of a person who has died, even though that heir ...

Criminal procedure: Sentencing: Execution warrant + Imprisonment + Cruel and unusual punishment

08 Jul 2021

Contributed by Lukas

An execution warrant (also called death warrant or black warrant) is a writ that authorizes the execution of a condemned person. An execution warrant ...

Constitutional law: Theory: Living Constitution

07 Jul 2021

Contributed by Lukas

The Living Constitution, or loose constructionism, is the claim that the United States Constitution and other constitutions hold a dynamic meaning tha...

Family law: Dissolution of marriages: Divorce

06 Jul 2021

Contributed by Lukas

Divorce (also known as dissolution of marriage) is the process of terminating a marriage or marital union. Divorce usually entails the canceling or re...

Supreme Court: Brnovich v Democratic National Committee, (2021)

05 Jul 2021

Contributed by Lukas

Brnovich v Democratic National Committee, (2021), was a United States Supreme Court case related to voting rights established by the Voting Rights Act...

Wills, Trusts and Estates: Trusts: Administration: Simultaneous death + Power of appointment + The slayer rule

02 Jul 2021

Contributed by Lukas

Simultaneous death is a problem of inheritance which occurs when two people (sometimes referred to as commorientes) die at, or very near, the same tim...

Criminal procedure: Sentence: Capital punishment

01 Jul 2021

Contributed by Lukas

Capital punishment, also known as the death penalty, is the state-sanctioned killing of a person as punishment for a crime. The sentence ordering that...

Constitutional law: Individual rights - When a statute is void for vagueness and unenforceable

30 Jun 2021

Contributed by Lukas

In American constitutional law, a statute is void for vagueness and unenforceable if it is too vague for the average citizen to understand, and a cons...

Family law: Validity of marriages: Marriage age in the United States + Sham marriage

29 Jun 2021

Contributed by Lukas

The marriage age in the United States is set by each state and territory, either by statute or the common law applies. An individual can marry in the ...

Criminal defenses: Entrapment

28 Jun 2021

Contributed by Lukas

Entrapment is a practice in which a law enforcement agent or agent of the state induces a person to commit a "crime" that the person would have otherw...

Wills, Trusts and Estates: Trusts: Administration: Probate

25 Jun 2021

Contributed by Lukas

Probate is the judicial process whereby a will is "proved" in a court of law and accepted as a valid public document that is the true last testament o...

Constitutional law: Individual rights - Voting rights (Overseas and nonresident citizens)

24 Jun 2021

Contributed by Lukas

Overseas and nonresident citizens. U.S. citizens residing overseas who would otherwise have the right to vote are guaranteed the right to vote in fede...

Criminal procedure: Sentence: Discharge + Sentencing guidelines + Totality principle + Dangerous offender

23 Jun 2021

Contributed by Lukas

A discharge is a type of sentence imposed by a court whereby no punishment is imposed. An absolute discharge is an unconditional discharge whereby the...

Family law: Validity of marriages: Annulment + Void marriages + Voidable marriages

22 Jun 2021

Contributed by Lukas

Annulment is a legal procedure within secular and religious legal systems for declaring a marriage null and void. Unlike divorce, it is usually retroa...

Criminal defenses: False confession (Part 2): Concerns about videotaping

21 Jun 2021

Contributed by Lukas

Concerns about videotaping. Camera perspective bias. Psychological research suggests that evaluations of videotaped confessions can be affected by the...

Wills, Trusts and Estates: Trusts: Administration: testator + Intestacy

18 Jun 2021

Contributed by Lukas

In common-law jurisdictions, administration of an estate on death arises if the deceased is legally intestate, meaning they did not leave a will, or s...

Criminal procedure: Sentence: Suspended sentence - Weekend detention -Custodial sentence

17 Jun 2021

Contributed by Lukas

The term sentence in law refers to punishment that was actually ordered or could be ordered by a trial court in a criminal procedure. A sentence forms...

Constitutional law: Individual rights - Voting rights (Legal challenges to disfranchisement)

16 Jun 2021

Contributed by Lukas

Although African Americans quickly began legal challenges to such provisions in the 19th century, it was years before any were successful before the U...

Family law: Validity of marriages: Marriage certificate + Matrimonial regime

15 Jun 2021

Contributed by Lukas

A marriage certificate (sometimes called: marriage lines by the British) is an official statement that two people are married. In most jurisdictions, ...

Criminal defenses: False confession

14 Jun 2021

Contributed by Lukas

A false confession is an admission of guilt for a crime which the individual did not commit. Although such confessions seem counterintuitive, they can...

Wills, Trusts and Estates: Trusts: Pour-over will + Cy-près doctrine

11 Jun 2021

Contributed by Lukas

A pour-over will is a testamentary device wherein the writer of a will creates a trust, and decrees in the will that the property in his or her estate...

Criminal procedure: Rights of the accused: Verdict: Conviction + Acquittal + verdict + Not proven

10 Jun 2021

Contributed by Lukas

In law, a conviction is the verdict that usually results when a court of law finds a defendant guilty of a crime. The opposite of a conviction is an a...

Constitutional law: Individual rights - Voting rights (Part 3 of 4 - Native Americans)

09 Jun 2021

Contributed by Lukas

Native American people. From 1778 to 1871, the government tried to resolve its relationship with the various native tribes by negotiating treaties. Th...

Family law: Validity of marriages: Marriage license

08 Jun 2021

Contributed by Lukas

A marriage license (or marriage license in Commonwealth spelling) is a document issued, either by a religious organization or state authority, authori...

Criminal defenses: right of self-defense (aka: alter ego defense, defense of others, defense of a third person)

07 Jun 2021

Contributed by Lukas

The right of self-defense (also called, when it applies to the defense of another, alter ego defense, defense of others, defense of a third person) is...

Wills, Trusts and Estates: Trusts: Special needs + Supplemental needs

04 Jun 2021

Contributed by Lukas

A special needs trust, also known in some jurisdictions as a supplemental needs trust, is a specialized trust that allows the disabled beneficiary to ...

Criminal procedure: Rights of the accused - Bail + Verdict

03 Jun 2021

Contributed by Lukas

Bail is a set of pre-trial restrictions that are imposed on a suspect to ensure that they will not hamper the judicial process. Bail is the conditiona...

Constitutional law: Individual rights - Voting rights (Part 2 of 4 - Milestones of national franchise changes)

02 Jun 2021

Contributed by Lukas

Milestones of national franchise changes. 1789: The Constitution grants the states the power to set voting requirements. Generally, states limited thi...

Family law: Common law marriage

01 Jun 2021

Contributed by Lukas

Common-law marriage, also known as non-ceremonial marriage, sui iuris marriage, informal marriage, or marriage by habit and repute, is a legal framewo...

Criminal defenses: Provocation

31 May 2021

Contributed by Lukas

In law, provocation is when a person is considered to have committed a criminal act partly because of a preceding set of events that might cause a rea...

Wills, Trusts and Estates: Trusts: Asset-protection trust

28 May 2021

Contributed by Lukas

An asset-protection trust is any form of trust which provides for funds to be held on a discretionary basis. Such trusts are set up in an attempt to a...

Criminal procedure: Rights of the accused - Double jeopardy

27 May 2021

Contributed by Lukas

Double jeopardy is a procedural defense (primarily in common law jurisdictions) that prevents an accused person from being tried again on the same (or...

Constitutional law: Individual rights - Voting rights

26 May 2021

Contributed by Lukas

Voting rights in the United States, specifically the enfranchisement and disenfranchisement of different groups, has been a moral and political issue ...

Family law: Marriage and other equivalent or similar unions and status: Domestic partnership

25 May 2021

Contributed by Lukas

A domestic partnership is a legal relationship between two individuals who live together and share a common domestic life, but are not married (to eac...

Criminal defenses: Coercion + Mistake of fact + Necessity

24 May 2021

Contributed by Lukas

Coercion is compelling a party to act in an involuntary manner by use of threats, including propaganda or force. It involves a set of various types of...

Wills, trusts and estates: Trusts: Life insurance trust + Testamentary trust + Spendthrift trust

21 May 2021

Contributed by Lukas

A life insurance trust is an irrevocable, non-amendable trust which is both the owner and beneficiary of one or more life insurance policies. Upon the...

Criminal procedure: Rights of the accused - Self-incrimination

20 May 2021

Contributed by Lukas

Self-incrimination is the act of exposing oneself generally, by making a statement, "to an accusation or charge of crime; to involve oneself or anothe...

Constitutional law: Individual rights - Citizenship (Part 1 of 2)

19 May 2021

Contributed by Lukas

Acquisition of nationality. There are various ways a person can acquire United States nationality, either at birth, by naturalization, or through cour...

Family law: Marriage and other equivalent or similar unions and status: Civil union

18 May 2021

Contributed by Lukas

A civil union (also known as a civil partnership) is a legally recognized arrangement similar to marriage, created primarily as a means to provide rec...

Criminal defenses: Automatism defense

17 May 2021

Contributed by Lukas

Automatism is a rarely used criminal defense. It is one of the mental condition defenses that relate to the mental state of the defendant. Automatism ...

Wills, trusts and estates: Trusts: Incentive trust + Protective Trust + Purpose trust

14 May 2021

Contributed by Lukas

In American estate planning parlance, an incentive trust is a trust designed to encourage or discourage certain behaviors by using distributions of tr...

Criminal procedure: Rights of the accused - Exclusionary rule

13 May 2021

Contributed by Lukas

In the United States, the exclusionary rule is a legal rule, based on constitutional law, that prevents evidence collected or analyzed in violation of...

Constitutional law: Individual rights - Citizenship (Part 1 of 2)

12 May 2021

Contributed by Lukas

United States nationality law details the conditions in which a person holds United States nationality. In the United States, nationality is typically...

Family law: Marriage and other equivalent or similar unions and status: Cohabitation

11 May 2021

Contributed by Lukas

Cohabitation is an arrangement where two people are not married but live together. They are often involved in a romantic or sexually intimate relation...

Criminal defenses: Intoxication defense + Age of criminal responsibility

10 May 2021

Contributed by Lukas

The age of criminal responsibility is the age below which a child is deemed incapable of having committed a criminal offence. In legal terms, it is re...

Wills, trusts and estates: Trusts: Interest in possession + Express trust + Charitable trust

07 May 2021

Contributed by Lukas

An interest in possession trust is a trust in which at least one beneficiary has the right to receive the income generated by the trust (if trust fund...

Criminal procedure: Rights of the accused - Assistance of Counsel Clause

06 May 2021

Contributed by Lukas

The Assistance of Counsel Clause of the Sixth Amendment to the United States Constitution provides: "In all criminal prosecutions, the accused shall e...

Constitutional law: Individual rights - Equal Protection Clause (Part 2 of 2)

05 May 2021

Contributed by Lukas

In 1954 the contextualization of the equal protection clause would change forever. The Supreme Court itself recognized the gravity of the Brown v Boar...

Family law: Marriage and other equivalent or similar unions and status: Types of marriages

04 May 2021

Contributed by Lukas

The type, functions, and characteristics of marriage vary from culture to culture, and can change over time. In general there are two types: civil mar...

Criminal defenses: Insanity defense

03 May 2021

Contributed by Lukas

The insanity defense, also known as the mental disorder defense, is an affirmative defense by excuse in a criminal case, arguing that the defendant is...

Wills, trusts and estates: Constructive trust + Resulting trust

30 Apr 2021

Contributed by Lukas

A constructive trust is an equitable remedy imposed by a court to benefit a party that has been wrongfully deprived of its rights due to either a pers...

Criminal procedure: Rights of the accused - Right to counsel

29 Apr 2021

Contributed by Lukas

Right to counsel means a defendant has a right to have the assistance of counsel (for example, lawyers) and, if the defendant cannot afford a lawyer, ...

Constitutional law: Individual rights - Equal Protection Clause (Part 1 of 2)

28 Apr 2021

Contributed by Lukas

The Equal Protection Clause is part of the first section of the Fourteenth Amendment to the United States Constitution. The clause, which took effect ...

S7 E16 Evidence Law: Hearsay and exceptions: Declaration against interest + Res gestae + Present sense impression + Learned treatise + Implied assertion + Ancient document

27 Apr 2021

Contributed by Lukas

Declarations against interest are an exception to the rule on hearsay in which a person's statement may be used, where generally the content of the st...

Criminal defenses: Legal immunity + Diminished responsibility

26 Apr 2021

Contributed by Lukas

Legal immunity, or immunity from prosecution, is a legal status wherein an individual or entity cannot be held liable for a violation of the law, in o...

Wills, trusts and estates: Trust

23 Apr 2021

Contributed by Lukas

A trust is a legal relationship in which the legal title to property is entrusted to a person or legal entity with a fiduciary duty to hold and use it...

Criminal procedure: Rights of the accused - Jury trial

22 Apr 2021

Contributed by Lukas

A jury trial, or trial by jury, is a lawful proceeding in which a jury makes a decision or findings of fact. It is distinguished from a bench trial in...

Constitutional law: Individual rights - Due Process Clause

21 Apr 2021

Contributed by Lukas

In United States constitutional law, a Due Process Clause is found in both the Fifth and Fourteenth Amendments to the United States Constitution, whic...

Evidence Law: Hearsay and exceptions - Excited utterance + Dying declaration + Business records exception + Party admission

20 Apr 2021

Contributed by Lukas

An excited utterance, in the law of evidence, is a statement made by a person in response to a startling or shocking event or condition. It is an unpl...

Criminal Law: Crimes against the public - A duel

19 Apr 2021

Contributed by Lukas

A duel is an arranged engagement in combat between two people, with matched weapons, in accordance with agreed-upon rules. Duels in this form were chi...

Wills, trusts and estates: Wills: Pretermitted heir + Forced heirship

16 Apr 2021

Contributed by Lukas

In the law of property, a pretermitted heir is a person who would likely stand to inherit under a will, except that the testator (the person who wrote...

Criminal procedure: Rights of the accused - Speedy trial

15 Apr 2021

Contributed by Lukas

A jury trial, or trial by jury, is a lawful proceeding in which a jury makes a decision or findings of fact. It is distinguished from a bench trial in...

Constitutional law: Individual rights - Freedom from slavery

14 Apr 2021

Contributed by Lukas

The Thirteenth Amendment (Amendment XIII) to the United States Constitution abolished slavery and involuntary servitude, except as punishment for a cr...

Evidence Law: Hearsay and exceptions - Confession

13 Apr 2021

Contributed by Lukas

In the law of criminal evidence, a confession is a statement by a suspect in crime which is adverse to that person. Some secondary authorities, such a...

Criminal law: Crimes against the public - Censorship violation

12 Apr 2021

Contributed by Lukas

Censorship is the suppression of speech, public communication, or other information. This may be done on the basis that such material is considered ob...

Wills, trusts and estates: Wills: Lapse and anti-lapse + Ademption by extinction + Abatement of debts and legacies + Ademption by satisfaction + Acts of independent significance + Elective share

09 Apr 2021

Contributed by Lukas

Lapse and anti-lapse are complementary concepts under the US law of wills, which address the disposition of property that is willed to someone who die...

Criminal procedure law: Rights of the accused - Fair trial + Pre-trial

08 Apr 2021

Contributed by Lukas

A trial which is observed by a trial judge without being partial is a fair trial. Various rights associated with a fair trial are explicitly proclaime...

Constitutional law: Individual rights - Privacy laws

07 Apr 2021

Contributed by Lukas

The privacy laws of the United States deal with several different legal concepts. One is the invasion of privacy, a tort based in common law allowing ...

Evidence Law: Hearsay and exceptions - Hearsay

06 Apr 2021

Contributed by Lukas

Hearsay is testimony from a witness under oath who is reciting an out-of-court statement that is being offered to prove the truth of the matter assert...

Criminal law: Crimes against the public - Begging (aka panhandling)

05 Apr 2021

Contributed by Lukas

Begging (also panhandling) is the practice of imploring others to grant a favor, often a gift of money, with little or no expectation of reciprocation...

Wills, trusts and estates: Wills: Contest: Testamentary capacity + No-contest clause

02 Apr 2021

Contributed by Lukas

In the common law tradition, testamentary capacity is the legal term of art used to describe a person's legal and mental ability to make or alter a va...

Property law: Related topics - Security deposit + Blackacre + Lex loci rei sitae + Lateral and subjacent support + Riparian water rights

01 Apr 2021

Contributed by Lukas

A security deposit is a sum of money held in trust either as an initial part-payment in a purchasing process (often used to prevent the seller selling...

Constitutional law: Individual rights - Criminal procedural rights

31 Mar 2021

Contributed by Lukas

The United States Constitution contains several provisions regarding the law of criminal procedure. Petit jury and venue provisions—both traceable t...

Evidence Law: Witnesses: Hearsay evidence + Recorded recollection + Dead man's statute

30 Mar 2021

Contributed by Lukas

Hearsay evidence, in a legal forum, is testimony from a witness under oath who is reciting an out-of-court statement, content of which is being offere...

Criminal Law: Crimes against justice – Obstruction of justice + Perverting the course of justice + Misprision of felony

29 Mar 2021

Contributed by Lukas

Obstruction of justice, in United States jurisdictions, is a crime consisting of obstructing prosecutors, investigators, or other government officials...

Wills, trusts and estates: Wills - Holographic will

26 Mar 2021

Contributed by Lukas

A holographic will, or olographic testament, is a will and testament which is a holographic document, for example, it has been entirely handwritten an...

Property law: Related topics - Prior appropriation water rights + Nemo dat quod non habet + Quicquid plantatur solo

25 Mar 2021

Contributed by Lukas

Prior appropriation water rights is the legal doctrine that the first person to take a quantity of water from a water source for "beneficial use" (agr...

Constitutional law: Individual rights - Right to a trial by jury

24 Mar 2021

Contributed by Lukas

A citizen’s right to a trial by jury is a central feature of the United States Constitution. It is considered a fundamental principle of the America...

Evidence Law: Witnesses: Expert witness

23 Mar 2021

Contributed by Lukas

An expert witness, particularly in common law countries such as the United Kingdom, Australia, and the United States, is a person whose opinion by vir...

Criminal Law: Crimes against justice – Perjury

22 Mar 2021

Contributed by Lukas

Perjury is the intentional act of swearing a false oath or falsifying an affirmation to tell the truth, whether spoken or in writing, concerning matte...

Wills, trusts and estates: Wills - Will contest

19 Mar 2021

Contributed by Lukas

A will contest, in the law of property, is a formal objection raised against the validity of a will, based on the contention that the will does not re...