Legal Terms — B

An abbreviation for breaking and entering. The phrase identifies the physical acts of using force to create an opening and crossing the threshold of a structure that together satisfy key elements of burglary.

Taxes assessed for a prior year or years that remain due and unpaid. The unpaid amounts create statutory liens that attach to real property and affect marketability and priority in title disputes.

A pre-existing limit on property rights derived from a state's common law of nuisance and property that inheres in title at the time of acquisition. Such limits prevent a regulation from constituting a per se taking even when it eliminates all economically beneficial use of land.

Pre-existing limitations on land ownership derived from a state's property and nuisance law that inhere in title at the time of acquisition. These limitations permit a regulation eliminating all economically beneficial use without triggering a per se taking under the Fifth Amendment.

Limitations inhering in the title to land under longstanding state nuisance and property doctrines that qualify the owner's rights at acquisition. A total regulatory deprivation of economic use does not require compensation when the prohibited activity was already barred by those principles at the time the owner took title.

An exception to the per se regulatory takings rule that excuses the government from paying just compensation when a regulation eliminates all economically beneficial use of land. The exception applies only if the prohibited use was already barred by background principles of state nuisance or property law in effect when the owner acquired title.

The extent to which a government regulation interferes with a property owner's distinct investment-backed expectations, one of three factors courts balance in regulatory takings analysis.

Evidence offered to undermine a witness's credibility by showing the witness has a reputation for untruthfulness or has engaged in conduct probative of dishonesty. Reputation or opinion testimony may be introduced once the witness's character for truthfulness is attacked. Specific instances of conduct may be inquired into on cross-examination but may not be proved by extrinsic evidence except for criminal convictions.

Conduct by a contracting party that deliberately violates the implied covenant of good faith and fair dealing.

A culpable mental state characterized by dishonesty or improper purpose in pursuing a legal advantage or evading responsibility. Courts and statutes treat the presence of this state as disqualifying a party from benefits such as extended removal time, exculpation clauses, or commission recovery.

A form of private racial discrimination or subordination that Congress may prohibit under its Thirteenth Amendment enforcement power as a vestige of slavery. The category reaches conduct that perpetuates racial caste through denial of fundamental civil rights such as property ownership, education, and employment.

An effect or practice associated with the historical system of chattel slavery that Congress possesses authority to eradicate through legislation under the Thirteenth Amendment. The enforcement power reaches private conduct when Congress reasonably treats the conduct as perpetuating racial subordination in areas such as property transactions.

A form of security such as cash or a bond posted to secure the release of a person charged with a crime on condition of future court appearance. The Eighth Amendment prohibits excessive amounts. Breach of conditions can result in forfeiture.

A procedure in criminal procedure by which a defendant is released from custody pending trial upon the posting of security to ensure future appearance in court. The Eighth Amendment prohibits requiring excessive amounts as a condition of release.

To release a defendant from custody upon the posting of security to ensure future court appearance. The security may take the form of cash, a bond, or sureties who assume responsibility for the defendant's return.

A court officer who maintains order during court proceedings. The officer may also execute writs and serve process as a sheriff's deputy.

A transfer of possession of personal property by one person (the bailor) to another (the bailee) for a specific purpose under an express or implied contract. Title remains with the bailor. The bailee owes a duty of care that varies with the type of bailment.

A legal arrangement in which one party transfers possession of personal property to another for a limited purpose while retaining ownership. The recipient owes duties of care and must return the property or follow instructions upon termination of the arrangement.

A rescue of an entity, usually a corporation or industry, from financial trouble by providing funds or other support.

A process of weighing competing interests, hardships, or factors to determine the appropriateness of a remedy or the application of a rule. The analysis compares the burden or harm to one party against the benefit or protection to another, along with any relevant public interests.

The amount of money still owed on an obligation after partial payments or credits have been applied.

A method of legal analysis in which a court weighs competing private and governmental interests, including the risk of erroneous deprivation, to determine whether a legal protection or right is satisfied.

A judicial method for resolving uncertain questions by weighing the interests of competing parties or systems. The method identifies the private or state interest at stake, the risk of erroneous deprivation or forum shopping, and the governmental or systemic interest in efficiency or uniformity, then determines which rule should control.

A sentencing disposition in which a criminal defendant is sentenced to jail but credited with the time already served before trial, resulting in a suspension of the remaining sentence and release of the defendant from custody.

A judicial method requiring that government restrictions on protected rights or interests be justified by sufficiently important objectives and limited to means that advance those objectives without unnecessary breadth. The method demands specific findings that the chosen means are the least burdensome available and that the restriction is no broader than needed to serve the asserted goal.

A method of judicial analysis that weighs private interests against governmental interests and the risk of erroneous outcomes to determine whether a regulation or procedure satisfies due process or other constitutional limits. The framework evaluates the magnitude of the private interest affected, the likelihood of error under existing procedures, the probable value of additional safeguards, and the government's administrative and fiscal burdens.

A comparative analysis of the hardships that granting an injunction would impose on the defendant and that denying it would impose on the plaintiff. Courts weigh this factor along with others to decide whether injunctive relief is appropriate in tort actions.

A judicial method of resolving disputes by weighing the relative importance of competing private and public interests to determine the appropriate legal outcome. The analysis typically evaluates the strength of each interest, the risk of error if one interest prevails, and the practical consequences of the chosen resolution.

A judicial method of resolving disputes by weighing competing private interests against governmental interests to determine the proper accommodation of rights or the procedures required.

A judicial doctrine whereby a court measures competing interests and decides which should prevail.

A method of judicial analysis that weighs competing private and governmental interests to determine whether a challenged action satisfies constitutional or statutory requirements. The analysis typically considers the strength of the individual interest affected, the risk of erroneous deprivation, the value of additional procedural safeguards, and the government's administrative and fiscal burdens.

An instrument, typically a paper or electronic record, used to cast a vote in an election or other formal choice. The system of recording votes by such instruments ensures secrecy and accountability in selecting officers or deciding measures.

An authoritative legal prohibition imposed by statute, regulation, or judicial decision that renders specified conduct unlawful and subject to enforcement sanctions.

A financial establishment for the deposit, loan, exchange, or issue of money and for the transmission of funds.

A periodic record issued by a financial institution that itemizes all deposits, withdrawals, transfers, and the resulting balance in a designated account over a stated interval.

To deposit or maintain funds with a financial institution authorized to receive deposits and provide related services such as payments or collections.

A revocable trust created when a depositor opens a bank account titled in the depositor's name as trustee for a named beneficiary, with the depositor retaining full control and the right to revoke until death.

A statutory procedure by which a debtor obtains financial relief and undergoes judicially supervised reorganization or liquidation of assets for the benefit of creditors. The procedure is authorized by federal law and produces a discharge of eligible debts while distributing nonexempt assets according to statutory priorities.

A proceeding commenced by filing a voluntary or involuntary petition under a bankruptcy statute. The filing creates an estate and triggers an automatic stay that centralizes creditor collection and asset administration under court supervision.

A subunit of a United States district court consisting of the bankruptcy judges for the district and charged with administering bankruptcy cases and proceedings. The court functions as an Article I tribunal whose judges lack life tenure and salary protection. Its authority to enter final judgments on certain claims is limited by Article III when the claims involve traditional private rights disputes between parties.

A court order in bankruptcy proceedings that releases the debtor from personal liability on covered debts. The order leaves unaffected any liens on the debtor's property and any liability of third parties such as guarantors.

A federal judicial or administrative process for administering the estate of an insolvent debtor, adjudicating claims of creditors, and determining whether certain debts or interests survive or are discharged.

A bank's acceptance of a check drawn on it. The acceptance creates an irrevocable promise by the bank to pay the instrument when presented and discharges the drawer from liability on the check.

A principle under which a valid and final judgment on the merits against a claimant precludes the claimant and those in privity from suing again on the same cause of action in the rendering state or any other state. The bar applies even when new legal grounds are asserted if those grounds could have been raised in the first action.

The process by which a state grants an applicant the privilege to practice law. Authorities evaluate character and fitness through inquiries into past conduct that rationally relate to the ability to represent clients competently and honestly.

A professional organization composed of lawyers that regulates admission to practice, enforces ethical standards, and provides continuing legal education. Membership may be voluntary or compulsory depending on whether the jurisdiction maintains an integrated bar.

A residuary clause in a will that contains no reference to any powers of appointment held by the testator. Under the majority rule such a clause does not exercise a power of appointment even if the testator later expresses an intention to do so outside the will.

A mutual exchange of promises or performances in which each party seeks to induce the other to act or refrain from acting. The exchange supplies the consideration that renders a promise enforceable as a contract.

A performance or return promise sought by the promisor in exchange for a promise and given by the promisee in exchange for that promise. The exchange supplies the requisite element of consideration unless excluded by rules governing preexisting duties or illusory undertakings.

The common-law doctrine under which a husband and wife are regarded as one legal person.

The common-law offense of repeatedly inciting or stirring up groundless lawsuits. The offense historically targeted conduct that fomented litigation for improper purposes such as personal gain or harassment.

A legal practitioner authorized to represent clients in court proceedings and provide specialized advocacy.

A foundation or ground upon which a legal conclusion, claim, or determination rests. The adequacy of the base determines whether the conclusion or action is legally supportable under the governing standard.

A minimum tax imposed on certain large U.S. corporations. The tax applies to corporations with average annual gross receipts of at least five hundred million dollars that make base erosion payments equal to or exceeding three percent of their deductible payments. Liability is computed by increasing taxable income by the amount of base erosion payments and then applying a ten percent rate, rising to twelve point five percent after 2025.

A minimum tax imposed on large U.S. corporations to curb the erosion of the U.S. tax base through deductible payments made to foreign affiliates. The tax applies to corporations with average annual gross receipts of at least five hundred million dollars over the prior three years when such payments exceed three percent of total deductions. Rates begin at five percent for 2018 and rise to ten percent for 2019 through 2025.

An underlying factual or legal predicate that supports a claim, defense, determination, or liability. The predicate supplies the foundation on which the legal consequence rests.

A series of meritless legal assertions filed repeatedly without regard to their validity in order to burden opponents or delay proceedings.

A presumptive amount of child support calculated from statutory guidelines based on the parents' combined income and the number of children. Courts start with this figure and then consider any permitted deviations or additional factors before entering a final order.

The status of a person born outside a lawful marriage who has not been legitimated by the parents.

An intentional tort or crime consisting of an act that causes harmful or offensive contact with the person of another. The contact must result directly or indirectly from the actor's voluntary movement. Liability attaches even when the actor intends only an offensive contact or acts upon a mistaken belief about the resulting harm.

An intentional tort imposing liability when an actor intends to cause harmful or offensive contact with another person or a third person and harmful contact directly or indirectly results.

An intentional tort imposing liability when an actor intends to cause an offensive contact with the person of another or a third person or an imminent apprehension of such contact and an offensive contact directly or indirectly results.

A condition in the collateral order doctrine requiring that an interlocutory order address a right whose value would be irretrievably lost if appellate review were postponed until after final judgment. The condition is satisfied when the asserted right protects against the burdens of litigation itself rather than merely against an adverse result at trial. Orders denying claims of immunity from suit typically meet this requirement because the protection from standing trial cannot be restored by a later appeal.

A judicial officer who presides over legal proceedings and issues warrants or orders.

A person in possession of a negotiable instrument payable to bearer or indorsed in blank.

An allocation of responsibility for an erroneous belief about a basic assumption underlying a contract that prevents the adversely affected party from avoiding the agreement. The allocation arises by express agreement of the parties, by the adversely affected party's conscious ignorance of limited knowledge at formation, or by a court's reasonable assignment based on the circumstances.

Repeated striking with force against another person's body.

A test for determining whether materials qualify for work-product protection. Materials receive protection when prepared because of the prospect of litigation rather than in the ordinary course of business.

A referential phrase in legal documents indicating a person, thing, or matter previously identified or discussed within the same instrument.

An economic policy by which a state restricts exports of local resources or otherwise discriminates against out-of-state buyers to reserve benefits for in-state interests. The policy constitutes impermissible economic protectionism under the dormant Commerce Clause when it facially favors local purchasers or processors over interstate competitors.

A benefit or advantage conferred upon or received by a person or entity. The term identifies the recipient of a legal or equitable advantage arising from a transaction, relationship, or privilege.

A subjective acceptance by a person that a fact or proposition is true. The acceptance need not rest on objective certainty or complete information. It functions as the mental element that triggers or excuses liability, supports or bars admissibility, or justifies reliance in multiple doctrinal settings.

A bright-line rule authorizing officers to search the passenger compartment of a vehicle and any containers inside it as a search incident to the lawful arrest of a recent occupant.

The physical seat on which a judge sits while presiding over court proceedings. By extension the term also denotes the judge or judges collectively who constitute a court or tribunal.

A trial conducted without a jury in which the judge serves as the sole factfinder and decides all questions of law and fact. The court must make findings of fact and conclusions of law on the record. Parties may waive the right to a jury trial by stipulation or by proceeding without objection.

A measurable criterion or reference point used to assess whether conduct meets the required level of care or compliance.

An attribute of property or conduct that confers economic productivity or practical advantage on its holder. In regulatory takings analysis the presence of this quality determines whether a restriction leaves the owner with viable uses of land.

An interest in property consisting of the right to possess and derive benefit from land or other assets. This right may exist even when legal title rests in another party, such as a trustee or life tenant. Deprivation of the right through regulation can trigger due process or takings scrutiny when the restriction lacks a substantial relation to public health, safety, or welfare.

An equitable right or expectancy in property or a trust, as opposed to bare legal title. The interest carries economic benefits and enforcement rights but lacks formal ownership recorded in the name of the holder.

An individual or entity that holds the economic interest in shares or other property. Legal title may rest with a record holder, intermediary, or trustee while the beneficial owner retains the rights to dividends, voting instructions, and ultimate disposition.

A property right consisting of the ability to use land or other assets and to derive all advantages that render them desirable or habitable, including access, light, and air, even when legal title rests elsewhere. Deprivation of this right through regulation may support a takings claim when the restriction lacks a substantial relation to public health, safety, or welfare.

A witness to a will who stands to receive a benefit under its terms. Modern probate statutes provide that such a witness remains competent to attest the will and that the witness's signature does not invalidate the will or any provision in it.

The beneficial interests provided in the terms of the trust. These interests represent the equitable rights of beneficiaries to receive distributions or enjoy trust property according to the settlor's directions.

A deed authorizing an owner of real property to designate one or more beneficiaries who receive the property upon the owner's death. The deed remains revocable during the owner's life and requires only the same mental capacity needed to execute a will.

A legal advantage or gain conferred on a party through a transaction, relationship, or legal rule. The advantage may consist of property, money, services, or the fulfillment of a desire, and it is often paired with a corresponding detriment in the formation of enforceable obligations.

The measure of contract damages that places the injured party in the position it would have occupied if the contract had been performed. This measure includes the loss in value of the promised performance plus any other loss caused by the breach, reduced by costs avoided.

An estate that receives the benefit of an appurtenant easement or covenant running with the land. The benefited estate is served by the corresponding servient estate that bears the burden of the servitude.

A trust or portion of a trust created for a charitable purpose. Charitable purposes include the relief of poverty, the advancement of education or religion, the promotion of health, governmental or municipal purposes, or other purposes beneficial to the community.

A standard that directs courts to resolve child custody, visitation, and parentage disputes by reference to the child's welfare. Courts evaluate all relevant factors including parental wishes, the child's wishes, and the child's relationships while disregarding a proposed custodian's conduct that does not affect the relationship with the child.

A standard by which a court determines what arrangements would be to a child's greatest benefit. The standard requires evaluation of all relevant factors bearing on the child's welfare, including parental and child wishes as well as the child's adjustment to home, school, and community. Conduct by a proposed custodian that does not affect the relationship with the child is disregarded.

A judicial standard requiring courts to resolve disputes over child custody, visitation, and parentage by focusing on factors that promote the child's welfare, stability, and development. The standard directs consideration of all relevant circumstances while excluding parental conduct that does not affect the parent-child relationship.

A decision-making standard requiring evaluation of options to maximize the welfare of the affected party or entity. The standard directs fiduciaries, courts, and other decision-makers to select the course that best promotes the long-term interests of the corporation, child, estate, or other protected subject.

A judicial standard directing courts to resolve disputes over child custody, visitation, parentage, or related matters by reference to factors that promote the child's welfare. The standard requires consideration of all relevant circumstances while excluding parental conduct that does not affect the relationship with the child.

An agreement between two people to marry each other. The agreement creates a period during which the parties are bound to proceed to ceremonial marriage, with gifts given in contemplation of that marriage subject to return if the ceremony does not occur.

A standard of proof in criminal proceedings that requires the prosecution to establish every element of the charged offense to a degree of certainty that leaves no reasonable doubt in the mind of a rational factfinder. The standard protects the presumption of innocence by directing acquittal whenever the evidence permits a reasonable person to entertain doubt about guilt.

The prosecution's obligation to establish every element of a charged offense to a level of certainty that leaves no reasonable doubt in the mind of a rational factfinder. Absence of such proof requires acquittal and preserves the presumption of innocence.

Conduct so outrageous in character and extreme in degree that it exceeds the limits of what a civilized community will tolerate. The standard identifies behavior that is atrocious rather than merely rude or annoying.

A predisposition or inclination for or against a party, witness, or issue that impairs impartial decision making or fair evaluation of evidence. Courts and rules address bias through disqualification of judges, impeachment of witnesses, and changes of venue when the predisposition prevents a fair proceeding.

A legislative body consisting of two separate chambers whose approval is required for the passage of legislation.

A rule requiring that a conspiracy exist only when at least two persons each possess genuine criminal intent to commit the same crime. The approach focuses on whether the parties reached a true meeting of guilty minds rather than on the objective manifestation of intent by one party alone. If one participant merely pretends to agree or lacks capacity to form criminal intent, no conspiracy arises.

International agreements between the United States and foreign states that prevent the surrender of American nationals to the International Criminal Court. These pacts rest on Article 98 of the Rome Statute and commit signatories not to transfer U.S. personnel to the Court.

A shared erroneous belief by both parties to a contract about a basic assumption on which the contract is made that has a material effect on the agreed exchange of performances. The adversely affected party may avoid the contract unless that party bears the risk of the mistake.

A proposed statute introduced in a legislative body for consideration and enactment. It must originate in the House for revenue measures and requires passage by both houses followed by presentment to the President for approval or veto.

A proposed statute that begins the legislative process in a lawmaking body. It receives formal introduction and must complete prescribed steps including committee review, floor votes in each chamber, and presentment before it can become law.

A constitutional prohibition that bars Congress and state legislatures from enacting laws that single out identifiable individuals or groups for punishment without the protections of a judicial trial. The clause implements separation of powers by reserving determinations of guilt and imposition of sanctions to the courts rather than the legislature. It applies whether the measure is labeled civil or criminal and whether the targeted class is named expressly or defined by readily ascertainable past conduct.

A constitutional prohibition that bars federal and state legislatures from enacting laws singling out identifiable individuals or groups for punishment without a judicial trial. The clauses preserve separation of powers by reserving determinations of guilt and imposition of sanctions to the courts.

An order instrument by which one party directs another to pay a sum certain to a third party or bearer. The instrument creates an obligation on the drawer while authorizing the drawee to make payment upon presentment.

A charging instrument presented to a grand jury for the jury to determine whether probable cause exists to formally accuse a person of a crime. The grand jury endorses the instrument as a true bill when it finds sufficient evidence or returns a no bill when evidence is lacking.

An accusatory instrument filed by a prosecutor to charge a defendant with a crime without obtaining a grand jury indictment. Historically it also denoted a civil proceeding initiated by the crown or on behalf of protected parties such as charities.

The first ten amendments to the United States Constitution that enumerate specific protections for individual liberties against federal governmental power. Most of these protections apply to state and local governments through selective incorporation under the Fourteenth Amendment Due Process Clause.

Instruments of credit such as state-issued paper notes or promises to pay that are designed to circulate as currency. The Constitution bars states from emitting them to prevent the proliferation of depreciating paper money that disrupts interstate commerce and private contracts.

A legal duty that a contract, statute, court order, or other authority imposes on a person or entity. The duty requires performance or forbearance and carries consequences for noncompliance.

An enforceable contract that creates legal obligations between the parties. The agreement must satisfy all formation requirements and cannot be subject to a valid defense that would render it void or voidable.

A two-party conspiracy or agreement requiring both participants to genuinely share the criminal objective.

The complete extrusion of a newborn from the mother's body. Birth establishes key legal consequences including citizenship status and the start of independent legal personality.

A formal document that records a person's birthdate, birthplace, and parentage. It functions as prima facie evidence of the facts stated and triggers presumptions of parentage when a spouse of the woman who gave birth is named on it.

A Latin term meaning twice. In criminal procedure it appears in the maxim prohibiting bis vexari, the principle that no person should be placed twice in jeopardy for the same offense.

A geographical area under the ecclesiastical authority of a bishop.

An unfilled space or portion left open in a legal document or form for later completion with required information. The space must be filled before the document takes effect or is served on another party. Completion by an authorized person adopts the prior execution with respect to the added content.

A complete or categorical restriction that bars all instances of a particular activity or form of expression. Such a prohibition is invalid under the First Amendment when it sweeps more broadly than necessary to address a legitimate governmental interest and less restrictive alternatives exist.

A test for determining whether two criminal offenses are the same for double jeopardy purposes. Each offense must require proof of an element the other does not.

A doctrinal framework that treats two offenses as distinct for double jeopardy purposes whenever each requires proof of an element the other does not.

A relationship between persons arising by descent from a common ancestor. The relationship may be full blood when persons share both parents or half blood when persons share only one parent.

Any physical impairment of the condition of another's body, or physical pain or illness.

Physical harm consisting of pain, illness, or impairment of physical condition.

The physical structure of a person. Physical impairment of the condition of another's body or physical pain or illness constitutes bodily harm.

Personal property or chattels. The term encompasses movable assets distinct from real property and includes items such as household goods, vehicles, and other tangible personal effects.

An action or transaction undertaken sincerely and without fraud or deceit. The standard requires honesty in fact and observance of reasonable commercial standards of fair dealing in the circumstances.

A purchaser who acquires property for value in good faith without notice of prior adverse claims or defects in title. The status shields the buyer from unrecorded interests under applicable recording statutes and defeats certain claims based on fraud or lack of authority in the chain of title.

A purchaser who acquires property for value in good faith and without notice of prior adverse claims. Such a purchaser receives priority over unrecorded interests under applicable recording statutes and takes free of certain defects that would otherwise affect title.

A purchaser who acquires property for value in good faith without actual or constructive notice of prior claims or defects in title. The status confers priority over unrecorded interests under applicable recording statutes and shields the purchaser from certain equitable claims arising from fraud or unauthorized transfers.

A doctrine under which a transferee from a bona fide purchaser who prevailed under a recording act takes free of prior unrecorded interests even if the transferee has notice of those interests.

A purchaser who acquires property for value in good faith and without notice of prior interests or defects in title.

A requirement that a person in fact reside within the jurisdiction to receive a benefit or engage in an activity. It distinguishes residents from nonresidents on the basis of current actual residence rather than the length of time a person has lived in the state.

A transaction in which the transferor conveys property in exchange for payment or an enforceable obligation equal in economic value to the property conveyed. The exchange must reflect arm's-length terms rather than a disguised gift. Such a transfer is excluded from a decedent's nonprobate transfers when computing a surviving spouse's elective share under augmented-estate rules.

A purchaser who acquires an interest in property for value in good faith and without notice of prior claims or interests. The status shields the purchaser from unrecorded or defective prior interests under applicable recording statutes or doctrines protecting good-faith acquisition.

An honest state of mind consisting in belief or purpose without fraudulent intent or malice. It requires faithfulness to duty and observance of reasonable standards of fair dealing.

Immovable property consisting of land and things permanently affixed to it.

Liabilities or debts owed by a person or entity. In Roman law the term denotes obligations that may be enforced against the holder of the corresponding assets.

A standard of conduct requiring honesty, fairness, and the absence of any intent to defraud or deceive in legal transactions and proceedings.

A contract for the sale of real property under which the purchaser acquires immediate possession and equitable title while the vendor retains legal title until the purchase price is paid in full through installments. The arrangement functions as a security device that secures the unpaid balance. Upon default the vendor may pursue forfeiture or foreclosure remedies depending on state law.

A corporate power to issue debt securities and secure obligations by mortgage or pledge of property. This power enables a corporation to borrow funds and create enforceable payment obligations backed by its assets.

A tax remission usually granted on goods intended for export. The remission allows the commodity to enter foreign markets free of the domestic tax burden that would otherwise apply.

A payment made by a corporation to its current or former directors, officers, employees, or agents under a benefit or incentive plan. The payment compensates individual performance or encourages specific conduct that advances corporate objectives.

A formal ledger or compilation in which transactions, proceedings, or other matters are documented and preserved. The record must be adequate to reflect the administration or status of the subject matter and must be kept separate from personal materials when required by professional or fiduciary duties.

A day-to-day record in which a business first enters its transactions. The record captures each transaction at the moment it occurs before any summarization or posting to ledgers occurs.

To record a transaction or item in a ledger or book of accounts. The action creates an official entry that may later support inspection rights or serve as evidence in disputes over financial condition.

An administrative inventory of an arrestee's personal belongings conducted at the stationhouse prior to incarceration following a valid arrest. The search serves caretaking purposes such as protecting property, preventing false claims, and ensuring security. Officers may open containers when doing so follows standardized departmental procedures rather than serving as a pretext for investigation.

A form of gambling that entails the taking and recording of bets on an event such as a horse race. The activity centers on determining odds and accepting wagers from bettors on specified outcomes.

A set of financial accounts and supporting documentation that accurately and fairly reflect a business entity's transactions and asset dispositions. These records must be maintained in reasonable detail to support regulatory compliance and internal controls.

A line or demarcation separating one territory or jurisdiction from another. The demarcation fixes the geographic limits of sovereign authority or private ownership and determines the reach of legal rules that turn on location.

A child whose parents were not married to each other at the time of the child's birth.

An act of receiving money from another party upon an agreement to repay the principal, usually with interest.

A historical form of compensation consisting of an allowance or payment made for injury or as a benefit such as wood for repairs or maintenance.

A constraint that requires a party to comply with a legal rule, precedent, or obligation. The constraint arises from constitutional text, statutes, contracts, or fiduciary duties and remains effective until released by the party entitled to enforcement.

A natural or artificial separation that delineates the confines of real property. The object of boundary rules is to ascertain the actual location as originally fixed by the parties' intention.

A line demarcating the division between adjoining parcels of land. Possession or use extending across the line under a good-faith belief that it marks the true boundary supports tacking of successive periods to satisfy the statutory period for adverse possession.

A premium or benefit offered to induce a person to take a specified action or perform a service. The offer may come from a government or private party and creates an incentive structure separate from ordinary contractual consideration.

A historical practice of filing a paper with a court of law.

A constitutional doctrine requiring the prosecution to disclose evidence that is favorable to the accused because it is exculpatory or impeaching. The evidence must have been suppressed by the state and its nondisclosure must have prejudiced the defendant by creating a reasonable probability of a different outcome.

A federal statute establishing a national instant background-check system for prospective handgun purchasers. The statute's interim provisions directing state and local law enforcement officers to perform those checks were invalidated under the Tenth Amendment.

A federal statute that establishes a national instant background check system for prospective handgun purchasers. The statute requires firearms dealers to notify the chief law enforcement officer of the purchaser's residence and imposes interim duties on those officers to conduct checks until the federal system becomes operational.

An allocation of governmental authority among three distinct departments—legislative, executive, and judicial—established by the Constitution to prevent concentration of power. Each department exercises functions assigned to it without improper intrusion by the others.

A violation or infraction of a law or obligation. The violation occurs when a party fails to perform a required duty or interferes with another's performance of an obligation.

A failure by a party to a contract to render a promised performance. The failure gives rise to a claim for total breach only when it substantially impairs the value of the contract to the injured party at the time of the breach so that it is just to allow recovery of damages based on all remaining rights to performance.

Conduct by a fiduciary that violates the duties of loyalty or care owed to the principal or beneficiary. The breach occurs when the fiduciary engages in undisclosed self-dealing, fails to disclose material information the principal would want, or acts for an adverse party without consent.

A violation of a contractual obligation by failing to perform a promise or by interfering with another's performance. Every breach gives rise to a claim for damages and may support additional remedies even when the injured party sustains no pecuniary loss.

A violation of a legal obligation or standard of conduct imposed by law, agreement, or fiduciary relationship. The violation occurs when a party fails to perform an act required to protect another or engages in conduct that falls below the applicable standard.

A violation by a person in a position of trust of the duties of loyalty and care owed to the beneficiary. The breach occurs when the fiduciary profits from self-dealing or misuse of entrusted property or opportunities without full disclosure and approval from those entitled to it. Remedies include disgorgement of secret profits, rescission of the transaction, or an accounting.

A violation by a fiduciary of duties of loyalty or care owed to the beneficiary. The breach occurs when the fiduciary retains secret profits from a transaction with the beneficiary without full disclosure and approval from all persons to whom the duty is owed.

A violation by a fiduciary of duties of loyalty or care owed to a principal or beneficiary. The breach occurs when the fiduciary acts for personal gain, appropriates opportunities, or fails to disclose conflicts without informed consent from those owed the duty.

A public offense involving violence or conduct likely to cause an immediate disturbance of public order.

A common-law action for damages arising from the unjustified termination of an engagement to marry. Where the action survives statutory abolition, it functions as a hybrid quasi-tort and quasi-contract claim. Recovery is limited to actual expenditures made in preparation for the marriage plus compensation for reputational harm, mental anguish, or health injury, but excludes any award for the loss of anticipated marital benefits such as social standing or financial advantage.

An action for damages arising from the breach of a promise to marry. The claim is quasi-tort and quasi-contract in nature. Recovery extends to actual expenditures made in preparation for the marriage as well as loss to reputation, mental anguish, and injury to health. Expected benefits such as social or financial position are excluded from recovery. Punitive damages are available upon a showing of malice.

A quasi-tort, quasi-contract cause of action available in a minority of jurisdictions for damages arising from the breach of an engagement to marry. Recovery extends to actual expenditures made in preparation for the marriage as well as loss to reputation, mental anguish, and injury to health. Expectancy damages for lost social or financial position are excluded, and punitive damages may be awarded upon a showing of malice.

Conduct that falls below the standard of care a reasonably prudent person would exercise under the circumstances when performing duties owed to another. The breach occurs when an actor with an established duty fails to take action required by that duty or takes action creating an unreasonable risk of harm. Liability follows when the breach causes cognizable injury to the protected interest.

A public offense done by violence, or one causing or likely to cause an immediate disturbance of public order.

A quasi-tort quasi-contract cause of action for damages resulting from the breach of a promise to marry. Recovery extends to actual expenditures made in preparation for the marriage as well as compensation for loss to reputation, mental anguish, and injury to health. Recovery does not extend to loss of expected benefits such as social or financial position. The tort aspect permits punitive damages upon a showing of malice.

A violation by a trustee of a duty the trustee owes to a beneficiary. The violation may be willful, fraudulent, negligent, or inadvertent and subjects the trustee to removal and personal liability.

A violation of an express or implied warranty relating to the title, quality, content, or condition of goods sold. The violation occurs when delivered goods fail to conform to an affirmation of fact or promise that formed part of the basis of the bargain.

A public offense done by violence or one causing or likely to cause an immediate disturbance of public order.

Conduct by a person in a fiduciary position that violates the duties of loyalty or care owed to the principal or beneficiary. Such conduct commonly arises through self-dealing, appropriation of opportunities, or retention of secret profits without full disclosure and approval from all contemplated parties.

The use of force, however slight, to create an opening that permits entry into a dwelling or a separately secured portion of it. The force need not damage the structure and may consist of opening a closed but unlocked door or enlarging an existing opening.

A determination in no-fault divorce proceedings that a marriage has no reasonable prospect of reconciliation.

An element of common law burglary consisting of the use of force, however slight, to create an opening into a dwelling or to gain entry. The force may be actual, as when a defendant opens a closed door or enlarges an opening, or constructive, as when entry occurs through fraud, threats, or the chimney. Consent to entry defeats the element unless the consent is limited in time or scope or was procured by fraud.

The act of demonstrating that a patent is invalid or unenforceable because it was improperly issued by the U.S. Patent and Trademark Office because of fraud, the existence of prior art, or any other barrier to proper issuance.

The application of physical force, however slight, to create or enlarge an opening that permits entry into a structure.

An inter vivos conveyance executed by a tenant in fee tail that complies with statutory formalities and thereby converts the estate into a fee simple absolute. The conveyance cuts off all future interests that depended on the entail.

A short writ in historical English legal procedure that distinguished such instruments from longer charters.

A formal legal document that concisely states the subject matter of the controversy and the specific relief or claim asserted by the initiating party.

A commission promoting an officer to a higher rank, especially during wartime, but without a corresponding pay increase.

A government grant conferring upon an inventor the exclusive right to make, use, and sell an invention for a limited time. The grant creates a property interest enforceable through infringement actions and licensing arrangements.

An abstract or summary of a writing. The term historically denoted a concise statement attached to a parliamentary bill that outlined its contents for quick reference.

A criminal offense that occurs when a person corruptly gives, offers, or agrees to give anything of value or corruptly requests, receives, or agrees to receive anything of value in exchange for official action. The offense reaches both the offeror and the recipient even when their intents do not align. Bribery constitutes a felony in most jurisdictions and supplies a ground for impeachment of federal officers.

A written statement prepared by counsel that sets forth the legal and factual arguments of a party in litigation, especially on appeal, together with supporting authorities.

An act of commencing litigation by filing a complaint or petition in a court having jurisdiction over the dispute.

An intermediary who facilitates transactions between buyers and sellers by matching parties and arranging exchanges of goods or property.

An agent who acts as an intermediary or negotiator between prospective buyers and sellers in matters of trade, commerce, or navigation. The broker typically earns a commission for facilitating the transaction but does not take possession of the property or deal on its own account.

A term of relationship in a single-generation class gift that designates only the other children of either or both parents. The term excludes children of brothers and sisters or more remote descendants unless the language or circumstances establish a different intention.

A legislative procedure that permits Congress to enact budget measures and related tax provisions by simple majority vote in both chambers.

A flaw in computer programming code that causes the program to produce incorrect results or behave unexpectedly. The defect may remain latent until triggered by particular inputs or conditions during ordinary use.

A common-law offense consisting of carnal copulation against nature. The conduct encompasses both anal contact between humans and sexual activity between a human and an animal.

A principle permitting law enforcement officers to conduct a limited protective sweep of areas in a home beyond the arrestee's immediate control incident to an in-home arrest. Officers must possess a reasonable belief based on specific and articulable facts that the area harbors an individual posing a danger to them. The sweep must be cursory and confined to places where a person could hide.

A quick and limited search of premises incident to an arrest conducted to protect the safety of police officers or others. The sweep is narrowly confined to a cursory visual inspection of places where a person might be hiding and requires a reasonable belief based on specific and articulable facts that the area harbors an individual posing a danger.

An entity that constructs and sells new residential dwellings as part of its business. The entity impliedly warrants that the homes are built in a reasonably workmanlike manner and are fit for human habitation.

A seller of newly constructed residential property who, by virtue of that role, is subject to an implied warranty that the dwelling was designed and built in a reasonably workmanlike manner and is fit for human habitation.

A structure with walls and a roof, especially a permanent one.

An official governmental authorization allowing construction or development on land. When the government conditions a building permit or its functional equivalent on an owner’s conveyance of a property interest to the public, the condition constitutes a taking unless there is an essential nexus between the condition and a legitimate governmental interest.

A dimensional restriction imposed by zoning ordinances on the size, volume, or mass of buildings or structures. Variances provide relief from literal compliance with bulk restrictions when strict application would cause unnecessary hardship.

The obligation placed on a party to produce evidence or persuade the factfinder regarding a particular issue in litigation. The allocation determines which party must initially come forward with proof and which ultimately carries the risk of nonpersuasion.

The obligation of a party to introduce evidence sufficient to prove a particular fact or element of a claim or defense.

The obligation of a party to convince the fact-finder of the truth of a proposition at the close of the evidence. If the fact-finder remains undecided on that proposition the party bearing the obligation loses on the issue.

The obligation of a party to introduce sufficient evidence on a particular issue to avoid an adverse ruling such as a directed verdict or to rebut a presumption. This duty requires only enough evidence to permit a reasonable fact-finder to decide the issue in the party's favor. It is distinct from the burden of persuasion, which requires convincing the fact-finder that the issue is more likely than not true.

A procedural allocation that assigns to a party both the duty to introduce sufficient evidence on an issue and the duty to convince the factfinder of its truth by the applicable standard of proof.

A party's duty to prove a disputed assertion or charge. The duty encompasses both the burden of production, which requires introducing sufficient evidence to raise an issue, and the burden of persuasion, which requires convincing the factfinder that the assertion is true by the applicable standard such as preponderance of the evidence or beyond a reasonable doubt.

A parcel of land whose owner is bound by a servitude or covenant to perform or refrain from specified acts. The burden runs with the land when the obligation is intended to bind successors and the other requirements for a running covenant or servitude are satisfied.

Land subject to a servitude burden that runs with the land. The burden may consist of an affirmative duty to act or a negative restriction on use, and it passes automatically to successive owners of the estate.

The ultimate obligation of a party to convince the trier of fact of the truth of a proposition by the applicable standard of proof. This burden remains fixed on the party who originally bears it and does not shift during the proceeding even when a presumption or burden of production moves to the opposing side.

The allocation of responsibility in litigation for introducing evidence sufficient to avoid an adverse ruling and for persuading the fact-finder to the required degree of certainty. The burden of production requires a party to come forward with evidence on an issue. The burden of persuasion requires a party to convince the fact-finder that its position on that issue is correct.

The two components of the burden of proof in litigation. The burden of production requires a party to introduce sufficient evidence on an issue to avoid an adverse ruling as a matter of law. The burden of persuasion requires a party to convince the factfinder that its version of the facts is correct by the applicable standard of proof.

A procedural mechanism that assigns to each party the responsibility to introduce evidence and ultimately persuade the factfinder regarding specific elements or defenses in a lawsuit. The mechanism encompasses the burden of production to come forward with evidence and the burden of persuasion to convince the factfinder by the applicable standard.

A unit in the U.S. Department of Commerce responsible for issuing export licenses and enforcing export-control laws. The Bureau furthers U.S. national-security, foreign-policy, and economic interests while promoting the growth of U.S. exports.

A criminal offense consisting of the unlawful entry of a dwelling or occupied structure with the purpose to commit a crime inside. At common law the offense requires a breaking and entry of the dwelling of another at night with intent to commit a felony. Under the Model Penal Code the offense requires entry of a building or occupied structure with purpose to commit a crime unless the premises are open to the public or the actor is licensed or privileged to enter.

A commercial enterprise or activity undertaken for profit. The term encompasses both the ongoing operations of such an enterprise and the individual transactions that advance those operations.

A category of records maintained in the regular course of business or governmental operations that may qualify for a hearsay exception when offered to prove the truth of matters asserted within them. The exception requires that the record was made at or near the time of the event by someone with knowledge, kept in the course of a regularly conducted activity, and made as a regular practice of that activity. The opponent may still exclude the record by showing that the source of information or the circumstances of preparation indicate a lack of trustworthiness.

Documents created and maintained in the ordinary course of a regularly conducted business activity. These records qualify for admission into evidence as an exception to the hearsay rule when they meet the criteria of Federal Rule of Evidence 803(6).

The body of law governing the formation, internal governance, fiduciary obligations, and dissolution of business entities such as corporations, partnerships, and limited liability companies.

A corporation formed to engage in commercial activity for profit. The entity exists as a distinct legal person with perpetual succession and limited liability for its owners.

A day on which most institutions conduct business. The term typically excludes Saturdays, Sundays, and legal holidays.

A tort imposing liability on one who publishes a false statement disparaging another's property or business interests. The plaintiff must prove falsity as part of the prima facie case along with fault consisting of knowledge of falsity, reckless disregard, or ill will. Liability extends only to pecuniary loss that results directly from third-party conduct induced by the falsehood or to reasonable expenses incurred to counteract the publication.

A commercial organization such as a corporation, partnership, limited liability company, or other entity organized to conduct business for profit.

A writing admissible under the business-records exception to the hearsay rule. The writing must be made at or near the time of the event by a person with knowledge, kept in the course of a regularly conducted business activity, and shown by the testimony of a custodian or other qualified witness to have been made as a regular practice.

A test identifying a corporation's principal place of business as the location where its high-level officers direct, control, and coordinate corporate activities. This location, typically corporate headquarters, determines citizenship for diversity jurisdiction and the paradigm forum for general personal jurisdiction.

A process used in contingency planning that identifies and prioritizes information systems and components critical to an organization's mission and business processes.

A person invited to enter or remain on land for a purpose directly or indirectly connected with business dealings with the possessor of the land. This status triggers the possessor's duty to exercise reasonable care to keep the premises safe for the visitor's protection.

A category of land entrant in premises liability who enters or remains on property for a purpose connected with the possessor's business dealings. This status triggers the highest duty of care owed by the possessor to inspect for and remedy dangerous conditions.

Activities that involve the underwriting or spreading of insurance risk through contracts between insurers and policyholders. These activities fall within the scope of state insurance regulation and receive special treatment under federal statutes that defer to state oversight.

A potential transaction or venture that falls within a corporation's line of business or in which the corporation has an interest or expectancy. A director or officer who learns of the opportunity must present it to the corporation before pursuing it personally unless the corporation disclaims interest through proper procedures or the articles of incorporation eliminate the duty.

The physical site where an employer carries on its trade or business and where employees perform their duties. This location satisfies the on-premises requirement for excluding the value of employer-furnished meals and lodging from an employee's gross income.

An item of contract damages recoverable by a tenant when the lease contemplates business use of the premises. Recovery requires that the loss be proven to a reasonable degree of certainty, result from the landlord's default, and have been reasonably foreseeable by the landlord at the time the lease was made.

A commercial or profit-making objective that motivates an action, transaction, or use of property or services.

A report, memorandum, or other record made in the ordinary course of business. The record must be created at or near the time of the event by a person with knowledge, kept in the regular practice of the activity, and shown to be trustworthy through custodian testimony or certification.

A hearsay exception that permits admission of a record of an act or event when the record was made at or near the time by a person with knowledge, kept in the course of a regularly conducted business activity, and made as a regular practice of that activity. The exception does not apply to records prepared primarily in anticipation of litigation rather than in the ordinary conduct of the enterprise's business. An entry also fails the exception when it rests on information from an informant who had no business duty to report the facts.

A category of documents or entries created in the ordinary course of a business's operations by persons with personal knowledge. The records qualify for the hearsay exception when made at or near the time of the events recorded and kept as a regular practice of the activity. The exception does not extend to records whose primary purpose is litigation rather than the regular conduct of the enterprise.

A hearsay exception that permits admission of a record of acts or events made in the course of a regularly conducted business activity. The record must be made at or near the time of the event by a person with knowledge or from information transmitted by a person with knowledge who was under a business duty to report. The exception does not apply when the record was prepared primarily in anticipation of litigation rather than for the regular conduct of the enterprise.

A hearsay exception permitting admission of a record of an act, event, condition, opinion, or diagnosis when the record was made at or near the time by or from information transmitted by someone with knowledge, kept in the course of a regularly conducted business activity, and made as a regular practice of that activity, provided the source of information or method of preparation does not indicate lack of trustworthiness.

A hearsay exception that permits admission of a record of an act or event when the record was made at or near the time by someone with knowledge. The record must have been kept in the course of a regularly conducted business activity and it must have been the regular practice of that activity to make the record.

A hearsay exception that permits admission of a record of an act or event when the record was made at or near the time by a person with knowledge. The record must have been kept in the course of a regularly conducted business activity and it must have been the regular practice of that business to make the record.

A regular pattern of conduct followed by a business in its commercial operations. Such a pattern is relevant to prove that a particular act occurred in accordance with the established practice.

A prohibition that bars a lawyer from entering into a business transaction with a current client or knowingly acquiring any ownership, possessory, security, or other pecuniary interest adverse to the client. The prohibition does not apply if the transaction and its terms are fair and reasonable to the client, are fully disclosed and transmitted in writing in a manner reasonably understandable by the client, the client is advised in writing of the desirability of seeking independent legal counsel and given a reasonable opportunity to do so, and the client gives informed consent confirmed in a writing signed by the client.

A business organization created by a deed or declaration of trust under which assets suitable for a business enterprise are transferred to trustees to be managed for the benefit and profit of persons holding transferable certificates evidencing the beneficial interests in the trust estate.

A trust created for a commercial purpose such as organizing a mutual fund or facilitating asset securitization. Business trusts are formed under common law or statute as part of a commercial transaction rather than to effect a donative transfer.

A person invited to enter or remain on land for a purpose directly or indirectly connected with business dealings with the possessor of the land. This status makes the visitor an invitee owed a duty of reasonable care by the possessor.

A category of invitee consisting of a person invited to enter or remain on land for a purpose directly or indirectly connected with business dealings with the possessor of the land.

A hearsay exception that permits the admission of a record of an act, event, condition, opinion, or diagnosis. The record must have been made at or near the time by or from information transmitted by someone with knowledge, kept in the course of a regularly conducted business activity, and made as a regular practice of that activity.

A hearsay exception permitting admission of a record of acts or events if the record was made at or near the time by someone with knowledge, kept in the course of a regularly conducted business activity, and made as a regular practice of that activity. The exception does not apply when the record was prepared primarily in anticipation of litigation rather than in the ordinary conduct of the enterprise.

A test for factual causation under which conduct qualifies as a cause of a result if the result would not have occurred without that conduct.

A sequence of events in which each antecedent is a necessary condition for the occurrence of the subsequent event and ultimately the harm. The but-for test asks whether the result would have occurred when and as it did in the absence of the defendant's conduct or omission.

A factual causation test requiring that the plaintiff's harm would not have occurred in the absence of the defendant's conduct. The inquiry focuses on whether the defendant's act was necessary for the result. Satisfaction of this test is a prerequisite to liability in both tort and criminal cases even when additional limits such as proximate cause also apply.

A factual causation requirement under which a defendant's conduct is a cause of the plaintiff's harm if the harm would not have occurred without that conduct. The test supplies the necessary link between breach and injury in negligence and between act and result in homicide. It operates even when other contributing forces are present so long as the defendant's act remains essential to the outcome.

A causal link between conduct and a result that exists when the result would not have occurred without the conduct.

A test that determines whether a political contribution was made for the purpose of obtaining a government legal engagement. The test is satisfied when the contribution would not have been made absent the desire to secure that engagement.

A test for factual causation under which conduct qualifies as a cause in fact of a result if the result would not have occurred in the absence of that conduct.

A factual causation standard under which conduct qualifies as a cause of a result when the result would not have occurred in the absence of that conduct.

A causal test under which an act or condition qualifies as the cause of a result when the result would not have occurred in its absence.

A test for factual causation that asks whether the harm would not have occurred when and as it did in the absence of the defendant's act or omission. The inquiry focuses on whether the conduct was a necessary condition for the result.

A factual cause of an event or harm. Conduct qualifies when the event or harm would not have occurred in its absence.

A test for factual causation that treats conduct as a cause of harm when the harm would not have occurred in its actual manner and timing absent that conduct. Multiple antecedent conditions can each qualify as but-for causes when each is necessary to the outcome. The test supplies the threshold factual inquiry before any further limits on liability are considered.

An archaic term for the boundaries of a parcel of land, particularly the sides where the land abuts neighboring properties.

A person who buys goods in good faith without knowledge that the sale violates the rights of another person in the goods and in the ordinary course from a person other than a pawnbroker in the business of selling goods of that kind. The purchase must comport with the usual or customary practices in the kind of business in which the seller is engaged or with the seller's own usual or customary practices and the buyer must take possession of the goods or have a right to recover them from the seller under Article 2. Such a buyer takes the goods free of a security interest created by the seller even if the security interest is perfected and the buyer knows of its existence.

A person who buys goods in good faith, without knowledge that the sale violates the rights of another person in the goods, and in the ordinary course from a person in the business of selling goods of that kind. The buyer must take possession of the goods or hold a right to recover them from the seller. Such a buyer takes the goods free of a security interest created by the seller even if the interest is perfected.

A person that buys goods in good faith, without knowledge that the sale violates the rights of another person in the goods, and in the ordinary course from a person, other than a pawnbroker, in the business of selling goods of that kind. The sale must comport with the usual or customary practices in the kind of business in which the seller is engaged or with the seller's own usual or customary practices. The buyer must take possession of the goods or have a right to recover them from the seller under Article 2.

A person who buys goods in good faith without knowledge that the sale violates the rights of another person in the goods and in the ordinary course from a person other than a pawnbroker in the business of selling goods of that kind. The buyer must take possession or have a right to recover the goods. Such a buyer takes free of a security interest created by the seller even if the interest is perfected.

A purchaser of goods who buys in good faith without knowledge that the sale violates the rights of another person in the goods and in the ordinary course from a person other than a pawnbroker in the business of selling goods of that kind. The purchase must comport with the usual or customary practices in the seller's business, and the buyer must take possession or have a right to recover the goods. A buyer meeting these criteria takes the goods free of a security interest created by the seller even if the interest is perfected.

A purchaser of goods who buys in good faith without knowledge that the sale violates the rights of another person in the goods and in the ordinary course from a person in the business of selling goods of that kind. The purchase must comport with the seller's usual or customary practices and the buyer must take possession of the goods. Such a buyer takes free of a security interest created by the seller even if the interest is perfected.

An occurrence or result that takes place without intention or expectation on the part of the actor.

A requirement that a party obtain judicial permission before taking a specified action in litigation or other proceedings. The court grants permission when the action is consistent with applicable procedural rules and does not unduly prejudice other parties.

A legal consequence that occurs automatically upon the satisfaction of specified conditions without any affirmative act by the parties or a court order. The consequence attaches by force of statute, common law doctrine, or the nature of the underlying legal relationship.

A category of legal proceedings against directors or officers that encompasses both direct actions brought by the corporation and derivative actions brought by shareholders in the corporation's name for breaches of duty owed to the corporation.

A method of acquiring an interest in land or other rights through continuous, open, and adverse use for the statutory period. The use must be actual, notorious, exclusive, and hostile under a claim of right.

A prepositional phrase attributing an event, condition, or liability to a specified cause or ground.

A causal connector specifying that a legal consequence or status arises directly from a particular fact, condition, or relationship.

A method of allocating shares in an intestate estate among descendants of a predeceased heir by which those descendants step into the shoes of the predeceased heir.

A method of distributing property among descendants under which the property is divided into as many equal shares as there are surviving children of the designated ancestor and deceased children who left surviving descendants. Each surviving child receives one share. The share of each deceased child is subdivided in the same manner among that child's surviving descendants at each succeeding generation until the property is fully allocated.

An internal rule or set of rules adopted by a corporation or common-interest association to govern its procedures, operations, and governance structure. Such rules must remain consistent with the articles of incorporation or declaration and applicable statutes. They address matters including director elections, meeting requirements, and expense reimbursements.

Rules governing the internal management and affairs of a corporation. The incorporators or board of directors adopt initial bylaws, which must remain consistent with the articles of incorporation and applicable law.

A rule or administrative provision adopted by an organization for its internal governance and its external dealings. The provision is subordinate to a charter or articles of incorporation. It supplies procedures for matters such as director elections, proxy solicitations, and indemnification.

A local custom of a township or district for resolving disputes over boundaries, trespasses, and the use of common lands, as well as farming issues.

A person present at an event who does not participate directly in it. In products liability based on negligence a manufacturer owes a duty of care to any foreseeable plaintiff including bystanders even without contractual privity.

Plaintiffs who suffer injury because they stand within the zone of danger created by tortious conduct aimed primarily at another. Recovery turns on whether a reasonable person would have foreseen risk to someone situated like the plaintiff at the time of the act.