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Showing 1601-1700 of 1821
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Constitutional law: Individual rights - Right to keep and bear arms

17 Mar 2021

Contributed by Lukas

The right to keep and bear arms in the United States is a fundamental right protected by the Second Amendment to the United States Constitution, part ...

Evidence Law: Witnesses: Witness impeachment + Direct examination + Cross-examination + Redirect examination + Privilege

16 Mar 2021

Contributed by Lukas

Witness impeachment, in the law of evidence of the United States, is the process of calling into question the credibility of an individual testifying ...

Criminal Law: Crimes against property – Miscarriage of justice, + Compounding a felony

15 Mar 2021

Contributed by Lukas

A miscarriage of justice, also known as a failure of justice, occurs when a person is convicted and punished for a crime that they did not commit. It ...

Wills, Trusts and Estates: Holographic will + Oral will + Attestation clause + Residuary estate + Incorporation by reference

12 Mar 2021

Contributed by Lukas

A holographic will, or olographic testament, is a will and testament which is a holographic document, i.e., it has been entirely handwritten and signe...

Property law: Related topics - Property rights + Water rights

11 Mar 2021

Contributed by Lukas

Property rights are basic human rights, grounded in current Human Rights law as found in article 17 of The Universal Declaration of Human Rights and t...

Constitutional law: Individual rights - Freedom of the press + Freedom of assembly + Right to petition

10 Mar 2021

Contributed by Lukas

Freedom of the press in the United States is legally protected by the First Amendment to the United States Constitution. Nevertheless, freedom of the ...

Evidence Law: Relevance: Competence + Character + Habit + Similar fact

09 Mar 2021

Contributed by Lukas

In United States and Canadian law, competence concerns the mental capacity of an individual to participate in legal proceedings or transactions, and t...

Criminal Law: Crimes against property – Vandalism + Malfeasance in office

08 Mar 2021

Contributed by Lukas

Vandalism is the action involving deliberate destruction of or damage to public or private property. The term includes property damage, such as graffi...

Wills, Trusts and Estates: Joint wills and mutual wills + will contract + codicil

05 Mar 2021

Contributed by Lukas

Joint wills and mutual wills are closely related terms used in the law of wills to describe two types of testamentary writing that may be executed by ...

Property law: Related topics - Mineral rights

04 Mar 2021

Contributed by Lukas

Mineral rights are property rights to exploit an area for the minerals it harbors. Mineral rights can be separate from property ownership. Mineral rig...

Constitutional law: Individual rights - Freedom of speech and expression

03 Mar 2021

Contributed by Lukas

In the United States, freedom of speech and expression is strongly protected from government restrictions by the First Amendment to the United States ...

Evidence Law: Relevance: Foundation + Materiality + Public policy doctrines + Tampering with evidence

02 Mar 2021

Contributed by Lukas

In common law, a foundation is sufficient preliminary evidence of the authenticity and relevance for the admission of material evidence in the form of...

Criminal Law: Crimes against property – Theft

01 Mar 2021

Contributed by Lukas

Theft is the taking of another person's property or services or scrap money without that person's permission or consent with the intent to deprive the...

Wills, Trusts and Estates: Wills (A history)

26 Feb 2021

Contributed by Lukas

Wills have a lengthy history. Ancient Greece. The Ancient Greek practice concerning wills was not the same in all places; some states permitted men to...

Property law: Related topics - Partition + Waste

25 Feb 2021

Contributed by Lukas

A partition is a term used in the law of real property to describe an act, by a court order or otherwise, to divide up a concurrent estate into separa...

Constitutional law: Individual rights - Freedom of religion

24 Feb 2021

Contributed by Lukas

In the United States, freedom of religion is a constitutionally protected right provided in the religion clauses of the First Amendment. Freedom of re...

Evidence Law: Relevance - Burden of proof

23 Feb 2021

Contributed by Lukas

Burden of proof is a legal duty that encompasses two connected but separate ideas that apply for establishing the truth of facts in a trial before tri...

Criminal Law: Crimes against property – Tax evasion

22 Feb 2021

Contributed by Lukas

Tax evasion is the illegal evasion of taxes by individuals, corporations, and trusts. Tax evasion often entails taxpayers deliberately misrepresenting...

Wills, Trusts and Estates: Wills

19 Feb 2021

Contributed by Lukas

A will or testament is a legal document that expresses a person's (testator) wishes as to how their property (estate) is to be distributed after their...

Constitutional law: Government structure - Local government (Part 2 of 2)

18 Feb 2021

Contributed by Lukas

Types. The Tenth Amendment to the United States Constitution makes local government a matter of state rather than federal law, with special cases for ...

Property law: Nonpossessory interest - Profit + Usufruct + Equitable Servitude

17 Feb 2021

Contributed by Lukas

A profit (short for profit-à-prendre in Middle French for "right of taking"), in the law of real property, is a nonpossessory interest in land simila...

Evidence: Types of evidence - Authentication + Hague Evidence Convention + Relevance

16 Feb 2021

Contributed by Lukas

An ancient document, in the law of evidence, refers to both a means of authentication for a piece of documentary evidence, and an exception to the hea...

Criminal Law: Crimes against property – Smuggling

15 Feb 2021

Contributed by Lukas

Smuggling is the illegal transportation of objects, substances, information or people, such as out of a house or buildings, into a prison, or across a...

Contract law: Remedies - Quasi-contractual obligations: Quantum meruit + Unjust enrichment

12 Feb 2021

Contributed by Lukas

Quantum meruit is a Latin phrase meaning "what one has earned". In the context of contract law, it means something along the lines of "reasonable valu...

Property law: Nonpossessory interest - Covenant

11 Feb 2021

Contributed by Lukas

A covenant, in its most general sense and historical sense, is a solemn promise to engage in or refrain from a specified action. Under historical Engl...

Constitutional law: Government structure - Local government (Part 1 of 2)

10 Feb 2021

Contributed by Lukas

Local government in the United States refers to governmental jurisdictions below the level of the state. Most states and territories have at least two...

Evidence: Types of evidence - Lie + Authentication + Chain of custody + Judicial notice + Best evidence rule + Self-authenticating document

09 Feb 2021

Contributed by Lukas

A lie is a statement used intentionally for the purpose of deception. The practice of communicating a lie is called lying; a person who communicates a...

Criminal Law: Crimes against property – Robbery

08 Feb 2021

Contributed by Lukas

Robbery is the crime of taking or attempting to take anything of value by force, threat of force, or by putting the victim in fear. According to commo...

Contract law: Remedies - Quasi-contractual obligations: Promissory estoppel (Part 2 of 2)

05 Feb 2021

Contributed by Lukas

Promissory estoppel. The doctrine of promissory estoppel prevents one party from withdrawing a promise made to a second party if the latter has reason...

Property law: Nonpossessory interest - Easement

04 Feb 2021

Contributed by Lukas

An easement is a nonpossessory right to use and/or enter onto the real property of another without possessing it. It is "best typified in the right of...

Constitutional law: Government structure - Judicial branch (Part 3 of 3)

03 Feb 2021

Contributed by Lukas

When the Court grants a cert petition, the case is set for oral argument. Both parties will file briefs on the merits of the case, as distinct from th...

Evidence: Types of evidence - DNA profiling

02 Feb 2021

Contributed by Lukas

DNA profiling (also called DNA fingerprinting) is the process of determining an individual's DNA characteristics. DNA analysis intended to identify a ...

Criminal Law: Crimes against property – Possession of stolen goods

01 Feb 2021

Contributed by Lukas

Possession of stolen goods is a crime in which an individual has bought, been given, or acquired stolen goods. In many jurisdictions, if an individual...

Contract law: Remedies - Quasi-contractual obligations: Promissory estoppel (Part 1 of 2)

29 Jan 2021

Contributed by Lukas

Estoppel is a judicial device in common law legal systems whereby a court may prevent or "estop" a person from making assertions or from going back on...

Property law: Nonpossessory interest - Lien

28 Jan 2021

Contributed by Lukas

A lien is a form of security interest granted over an item of property to secure the payment of a debt or performance of some other obligation. The ow...

Constitutional law: Government structure - Judicial branch (Part 2 of 3)

27 Jan 2021

Contributed by Lukas

Salary. As of 2018, associate justices receive a yearly salary of $255,300 and the chief justice is paid $267,000 per year. Article III, Section 1 of ...

Evidence: Types of evidence - Eyewitness identification

26 Jan 2021

Contributed by Lukas

In eyewitness identification, in criminal law, evidence is received from a witness "who has actually seen an event and can so testify in court". The I...

Criminal Law: Crimes against property – Gambling

25 Jan 2021

Contributed by Lukas

Gambling (also known as betting) is the wagering of money or something of value (referred to as "the stakes") on an event with an uncertain outcome, w...

Contract law-Remedies - Penal damages + Rescission + Quasi-contract

22 Jan 2021

Contributed by Lukas

Penal damages are liquidated damages which exceed reasonable compensatory damages, making them invalid under common law. While liquidated damage claus...

Property law-Future use control-Rule against perpetuities + Doctrine of worthier title + Restraint on alienation + Rule in Shelley's Case

21 Jan 2021

Contributed by Lukas

The rule against perpetuities is a legal rule in the Anglo-American common law that prevents people from using legal instruments (usually a deed or a ...

Constitutional law: Government structure - Judicial branch (Part 1 of 3)

20 Jan 2021

Contributed by Lukas

The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States of America. It has ultimate (and la...

Evidence law: Types of evidence - Exculpatory + Inculpatory + Demonstrative + Lies

19 Jan 2021

Contributed by Lukas

Exculpatory evidence is evidence favorable to the defendant in a criminal trial that exonerates or tends to exonerate the defendant of guilt. It is th...

Criminal Law: Crimes against property – Payola + Pickpocketing

18 Jan 2021

Contributed by Lukas

Payola, in the music industry, is the illegal practice of payment to commercial radio in which the song is presented as being part of the normal day's...

Contract law: Breach of contract - Specific performance + Liquidated damages

15 Jan 2021

Contributed by Lukas

Specific performance is an equitable remedy in the law of contract, whereby a court issues an order requiring a party to perform a specific act, such ...

Property law: Conveyancing - Action to quiet title + Equitable conversion + Escheat

14 Jan 2021

Contributed by Lukas

An action to quiet title is a lawsuit brought in a court having jurisdiction over property disputes, in order to establish a party's title to real pro...

Constitutional law: Government structure - Executive branch (Part 3 of 3)

13 Jan 2021

Contributed by Lukas

When the first president, George Washington, announced in his Farewell Address that he was not running for a third term, he established a "two-terms t...

Evidence law: Types of evidence - Testimony + Documentary + Real (physical) + Digital

12 Jan 2021

Contributed by Lukas

Physical evidence (also called real evidence or material evidence) is any material object that plays some role in the matter that gave rise to the lit...

Criminal Law: Crimes against property – Larceny

11 Jan 2021

Contributed by Lukas

Larceny is a crime involving the unlawful taking or theft of the personal property of another person or business. It was an offence under the common l...

Contract law: Breach of contract: Fundamental breach + Remedies

08 Jan 2021

Contributed by Lukas

Fundamental breach of contract is a controversial concept within the common law of contract. The doctrine was, in particular, nurtured by Lord Denning...

Property law: Conveyancing: Mortgage law

07 Jan 2021

Contributed by Lukas

A mortgage is a legal instrument which is used to create a security interest in real property held by a lender as a security for a debt, usually a loa...

Constitutional law: Government structure - Executive branch (Part 2 of 3)

06 Jan 2021

Contributed by Lukas

Executive powers The president is head of the executive branch of the federal government and is constitutionally obligated to "take care that the laws...

Evidence law

05 Jan 2021

Contributed by Lukas

The law of evidence, also known as the rules of evidence, encompasses the rules and legal principles that govern the proof of facts in a legal proceed...

Criminal Law: Crimes against property – Intellectual property

04 Jan 2021

Contributed by Lukas

Intellectual property (IP) is a category of property that includes intangible creations of the human intellect. There are many types of intellectual p...

Contract law: Breach of contract: Cover + Anticipatory repudiation + Exclusion clause + Efficient breach

01 Jan 2021

Contributed by Lukas

Cover is a term used in the law of contracts to describe a remedy available to a buyer who has received an anticipatory repudiation of a contract for ...

Property law: Conveyancing: Bona fide purchaser + Strata title + Torrens title

31 Dec 2020

Contributed by Lukas

A bona fide purchaser (BFP) – referred to more completely as a bona fide purchaser for value without notice – is a term used predominantly in comm...

Constitutional law: Government structure - Executive branch (Part 1 of 3)

30 Dec 2020

Contributed by Lukas

The president of the United States (POTUS) is the head of state and head of government of the United States of America. The president directs the exec...

Tort law: Duty to visitors - Trespassers + Licensees + Invitees + Attractive nuisance

29 Dec 2020

Contributed by Lukas

In the law of tort, property, and criminal law a trespasser is a person who commits the act of trespassing on a property, that is, without the permiss...

Criminal Law: Crimes against property – Fraud

28 Dec 2020

Contributed by Lukas

In law, fraud is intentional deception to secure unfair or unlawful gain, or to deprive a victim of a legal right. Fraud can violate civil law (for ex...

Contract law: Breach of contract

25 Dec 2020

Contributed by Lukas

Breach of contract is a legal cause of action and a type of civil wrong, in which a binding agreement or bargained-for exchange is not honored by one ...

Property law: Conveyancing

24 Dec 2020

Contributed by Lukas

In law, conveyancing is the transfer of legal title of real property from one person to another, or the granting of an encumbrance such as a mortgage ...

Constitutional law: Government structure - Legislative branch (Part 2 of 2)

23 Dec 2020

Contributed by Lukas

Structure. Congress is split into two chambers—House and Senate—and manages the task of writing national legislation by dividing work into separat...

Tort law: Liability and remedies - Joint and several liability + Comparative responsibility + Market share liability

22 Dec 2020

Contributed by Lukas

Where two or more persons are liable in respect of the same liability, in most common law legal systems they may either be: jointly liable, or several...

Criminal Law: Crimes against property - Extortion + False pretenses

21 Dec 2020

Contributed by Lukas

Extortion is the practice of obtaining benefit through coercion. In most jurisdictions it is likely to constitute a criminal offense; the bulk of this...

Contract law: Rights of third parties - Third-party beneficiary + Delegation + Novation

18 Dec 2020

Contributed by Lukas

A third-party beneficiary, in the law of contracts, is a person who may have the right to sue on a contract, despite not having originally been an act...

Property law: Estates in land - Condominiums & Real estate

17 Dec 2020

Contributed by Lukas

A condominium (plural either condominia, as in Latin, or condominiums) in international law is a political territory (state or border area) in or over...

Constitutional law: Government structure - Legislative branch (Part 1 of 2)

16 Dec 2020

Contributed by Lukas

The United States Congress or U.S. Congress is the bicameral legislature of the federal government of the United States and consists of the House of R...

Tort law: Liability and remedies - Injunction & Conflict of tort laws

15 Dec 2020

Contributed by Lukas

An injunction is a legal and equitable remedy in the form of a special court order that compels a party to do or refrain from specific acts. "When a c...

Criminal Law: Crimes against property - Embezzlement

14 Dec 2020

Contributed by Lukas

Embezzlement is the act of withholding assets for the purpose of conversion of such assets, by one or more persons to whom the assets were entrusted, ...

Contract law: Rights of third parties - Assignment

11 Dec 2020

Contributed by Lukas

An assignment is a legal term used in the context of the law of contract and of property. In both instances, assignment is the process whereby a perso...

Property law: Estates in land - Leasehold estate

10 Dec 2020

Contributed by Lukas

A leasehold estate is an ownership of a temporary right to hold land or property in which a lessee or a tenant holds rights of real property by some f...

Constitutional law: Republicanism in the United States

09 Dec 2020

Contributed by Lukas

Modern republicanism is a guiding political philosophy of the United States that has been a major part of American civic thought since its founding. I...

Tort law: Liability and remedies - Damages

08 Dec 2020

Contributed by Lukas

At common law, damages are a remedy in the form of a monetary award to be paid to a claimant as compensation for loss or injury. To warrant the award,...

Criminal Law: Crimes against property - Burglary

07 Dec 2020

Contributed by Lukas

Burglary, also called breaking and entering and sometimes housebreaking, is illegally entering a building or other areas to commit a crime. Usually th...

Contract law: Excuses for non-performance - Accord and satisfaction / Rights of third parties: Privity of contract

04 Dec 2020

Contributed by Lukas

Accord and satisfaction is a contract law concept about the purchase of the release from a debt obligation. It is one of the methods by which parties ...

Property law: Estates in land - Concurrent estate

03 Dec 2020

Contributed by Lukas

In property law, a concurrent estate or co-tenancy is any of various ways in which property is owned by more than one person at a time. If more than o...

Constitutional law: Federalism in the United States

02 Dec 2020

Contributed by Lukas

Federalism in the United States is the constitutional division of power between U.S. state governments and the federal government of the United States...

Tort law: Economic torts - Vicarious liability + Last clear chance + Neutral reportage + + eggshell rule

01 Dec 2020

Contributed by Lukas

Vicarious liability is a form of a strict, secondary liability that arises under the common law doctrine of agency, respondeat superior, the responsib...

Criminal Law: Crimes against property - Arson + Blackmail + Bribery

30 Nov 2020

Contributed by Lukas

Arson is a crime of willfully and maliciously setting fire to or charring property. Though the act typically involves buildings, the term arson can al...

Contract law: Excuses for non-performance - Unconscionability

27 Nov 2020

Contributed by Lukas

Unconscionability (sometimes known as unconscionable dealing/conduct in Australia) is a doctrine in contract law that describes terms that are so extr...

Property law: Estates in land - Future interest

26 Nov 2020

Contributed by Lukas

In property law and real estate, a future interest is a legal right to property ownership that does not include the right to present possession or enj...

Constitutional law: Rule of law (Part 2 of 2)(Optional)

25 Nov 2020

Contributed by Lukas

International Bar Association. The Council of the International Bar Association passed a resolution in 2009 endorsing a substantive or "thick" definit...

Constitutional law: Rule of law (Part 1 of 2)

25 Nov 2020

Contributed by Lukas

The rule of law is defined in the Oxford English Dictionary as "he authority and influence of law in society, especially when viewed as a constraint o...

Tort law: Economic torts - Tortious interference + Civil conspiracy/collusion + Restraint of trade

24 Nov 2020

Contributed by Lukas

Tortious interference, also known as intentional interference with contractual relations, in the common law of torts, occurs when one person intention...

Criminal Law: Sexual offences - Obscenity

23 Nov 2020

Contributed by Lukas

An obscenity is any utterance or act that strongly offends the prevalent morality of the time. It is derived from the Latin obscēnus, obscaenus, "bod...

Contract law: Excuses for non-performance: Impossibility + Impracticability + Illegality + Unclean hands + Accord and satisfaction

20 Nov 2020

Contributed by Lukas

In contract law, impossibility is an excuse for the nonperformance of duties under a contract, based on a change in circumstances (or the discovery of...

Property law: Estates in land - Life estate & Defeasible estate

19 Nov 2020

Contributed by Lukas

In common law and statutory law, a life estate (or life tenancy) is the ownership of immovable property for the duration of a person's life. In legal ...

Constitutional law: Separation of powers

18 Nov 2020

Contributed by Lukas

Separation of powers is a political doctrine originating in the writings of Charles de Secondat, Baron de Montesquieu in The Spirit of the Laws, in wh...

Tort law: Economic torts - Fraud

17 Nov 2020

Contributed by Lukas

In law, fraud is intentional deception to secure unfair or unlawful gain, or to deprive a victim of a legal right. Fraud can violate civil law (for ex...

Criminal Law: Sexual offences - Indecent exposure

16 Nov 2020

Contributed by Lukas

Indecent exposure is the deliberate public exposure by a person of a portion of their body where such exposure is contrary to local standards of appro...

Contract law: Excuses for non-performance: Misrepresentation & Frustration of purpose

13 Nov 2020

Contributed by Lukas

In common law jurisdictions, a misrepresentation is an untrue or misleading statement of fact made during negotiations by one party to another, the st...

Property law: Estates in land - Fee tail

12 Nov 2020

Contributed by Lukas

In English common law, fee tail or entail is a form of trust established by deed or settlement which restricts the sale or inheritance of an estate in...

Constitutional law: Judicial review (Part 2 of 2)

11 Nov 2020

Contributed by Lukas

Responses to the Kentucky and Virginia Resolutions. In 1798, the Kentucky and Virginia legislatures passed a series of resolutions asserting that the ...

Tort law: Dignitary torts - Seduction & Breach of promise

10 Nov 2020

Contributed by Lukas

The tort of seduction was a civil wrong or tort in common law legal systems, and still exists in some jurisdictions. An unmarried woman could sue on t...

Criminal law: Sexual offences - Adultery

09 Nov 2020

Contributed by Lukas

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

Contract law: Excuses for non-performance - Mistake

06 Nov 2020

Contributed by Lukas

n contract law, a mistake is an erroneous belief, at contracting, that certain facts are true. It can be argued as a defense, and if raised successful...

Property law: Estates in land - Allodial title

05 Nov 2020

Contributed by Lukas

Allodial title constitutes ownership of real property (land, buildings, and fixtures) that is independent of any superior landlord. Allodial title is ...

Constitutional law: Judicial review (Part 1 of 2)

04 Nov 2020

Contributed by Lukas

In the United States, judicial review is the ability of a court to examine and decide if a statute, treaty or administrative regulation contradicts or...

Tort law: Dignitary torts - Alienation of affections - Malicious prosecution - Abuse of process - Breach of confidence

03 Nov 2020

Contributed by Lukas

Alienation of affections is a common law tort, abolished in many jurisdictions. Where it still exists, an action is brought by a spouse against a thir...

Criminal law: Offence against the person - Torture

02 Nov 2020

Contributed by Lukas

Torture (from Latin tortus: to twist, to torment) is the act of deliberately inflicting severe physical or psychological suffering on someone by anoth...

Contract law: Contract interpretation - Contract of adhesion - Integration clause - Contra proferentem

30 Oct 2020

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...

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