Legal Dictionary
Learn each term the way examiners use it, and stop leaving points on the words you already almost knew.
Learn each term the way examiners use it, and stop leaving points on the words you already almost knew.
An adverb indicating that an action or assertion occurs with good reason or just cause. The phrase identifies conduct or a claim as rightful rather than wrongful or unauthorized.
A historical sanction imposed by a court that removes an attorney from the bar and bars the attorney from practicing before that court.
An express guarantee in criminal prosecutions that the accused shall have the assistance of counsel for his defence. The clause protects the defendant at every critical stage where counsel's presence is necessary to preserve fairness.
An adverbial phrase indicating that a legal effect, obligation, or right commences or is measured from a specified date.
A category of out-of-court statements that qualify as non-hearsay when the declarant testifies at trial and is subject to cross-examination about the statement. The statement qualifies if it is inconsistent with the declarant's testimony and was made under penalty of perjury at a prior proceeding or deposition, if it is consistent with the testimony and offered to rebut a charge of recent fabrication or improper motive, or if it identifies a person.
A Law French phrase denoting necessity. It identifies conduct undertaken because no reasonable alternative existed under the circumstances.
A procedural state reached when the parties' pleadings have framed one or more disputed points of fact or law for decision.
A statutory basis for proper venue in a federal civil action that exists when a substantial portion of the conduct or failures underlying the plaintiff's claim took place in the district.
A statutory basis for proper venue in federal civil actions that permits suit in any judicial district where any defendant resides provided all defendants are residents of the state containing that district.
A period of time that is appropriate under the circumstances for performing an act or fulfilling an obligation when no specific duration is prescribed by agreement or statute. The period is measured by what a reasonable person would require to complete the required step given the nature of the transaction, the parties' positions, and any applicable commercial or legal standards.
A belief held by an actor that a given fact or combination of facts exists when the circumstances the actor knows or should know would cause a reasonable person to hold the same belief.
A state of mind consisting in honesty in belief or purpose, faithfulness to duty or obligation, and observance of reasonable commercial standards of fair dealing without intent to defraud or seek unconscionable advantage.
A preposition or conjunction that introduces an exclusion or qualification carving out particular circumstances from the operation of a preceding general rule or statement.
A standard of belief requiring that the actor subjectively holds the belief and that the circumstances known or that should be known would cause a reasonable person to hold it.
An objective standard of conduct requiring a person to conform to the care that a reasonable person would exercise under like circumstances. Criminal negligence requires a gross deviation from that standard creating a high risk of death or serious bodily harm.
A court's authority to render a binding judgment against a particular defendant. The authority rests on the defendant's presence or contacts within the forum, on consent, or on statutory grounds such as long-arm jurisdiction.
Conduct consisting of holding back from a specified act or course of conduct. Legal duties and promises frequently impose an obligation to refrain, requiring abstention from adverse dealings, competition, bias, or other prohibited behavior. The requirement attaches when the governing rule or agreement identifies the conduct to be avoided.
A mental state in which a person consciously disregards a substantial and unjustifiable risk that a material element of an offense exists or will result from the conduct. The risk must be of such a nature and degree that its disregard involves a gross deviation from the standard of conduct a law-abiding person would observe in the actor's situation.
A standard requiring that an action or measure be appropriate or essential under the circumstances to achieve a legitimate objective in the relevant legal context. The determination turns on whether the step directly advances the purpose without exceeding what the situation demands.
Conduct involving physical compulsion or improper threats that overcomes a party's free will and renders a manifestation of assent ineffective or an agreement voidable.
Reliance that satisfies an objective standard of what a reasonable person would place on the given information or conduct under the circumstances presented. The standard requires that the reliance be both subjectively genuine and objectively justifiable so that legal consequences such as liability, estoppel, or admissibility may attach.