Legal Terms — H

A writ employed to bring a person before a court so that the legality of the person's detention may be examined. The writ tests whether custody rests on lawful authority and permits the court to order release when the detention violates constitutional or statutory limits.

A judicial proceeding in which a court reviews the legality of a person's detention by the government. The proceeding compels the custodian to justify continued custody or face an order directing release.

A writ employed to bring a person before a court to test the legality of the person's detention or imprisonment. The writ examines the legal authority for custody.

A procedural mechanism by which a person in custody challenges the legality of detention before a neutral judicial forum and seeks release if the detention lacks lawful authority.

A judicial remedy by which a court reviews the legality of a person's detention and orders release if the detention violates the Constitution or laws. The remedy requires a meaningful opportunity to challenge the executive's authority to detain, contest factual findings, and introduce newly discovered exculpatory evidence.

A judicial proceeding in which a court examines the legality of an individual's detention by the government and may order release if the detention is unlawful. The proceeding requires a meaningful opportunity to contest the factual and legal basis for custody and to obtain relief when detention lacks authorization.

A Latin verb meaning to have the right to something. In Roman law the term denotes legal entitlement to a thing and is distinguished from tenere, which refers to the fact of holding, and possidere, which refers to both right and fact.

Training or treatment provided to individuals with developmental disabilities in state institutions to help them acquire skills for daily living. The minimally adequate level is determined by the individual's liberty interests in safety and freedom from unreasonable restraints.

A regular response to a repeated situation that may be admitted to prove action in conformity with it on a particular occasion.

A regular and specific pattern of conduct that parties to an agreement are presumed to have incorporated when each knew or had reason to know of the practice and neither knew the other attached an inconsistent meaning.

Evidence of a person's or organization's consistent pattern of behavior that may be admitted to prove that the person or organization acted in accordance with the pattern on a particular occasion.

Evidence consisting of a person's or organization's regular practice of meeting a particular kind of situation with a specific type of conduct. Such evidence may be admitted to prove that on a particular occasion the person or organization acted in accordance with the habit or routine practice.

Evidence of a person's or organization's regular practice admitted to prove that the person or organization acted in accordance with that practice on a particular occasion.

An evidentiary principle allowing admission of evidence showing a person's habit or an organization's routine practice to prove that the person or organization acted in conformity with it on a particular occasion. The principle operates without requiring corroboration or an eyewitness to the specific event.

A condition of leased premises that renders them fit for human habitation, free from serious defects that endanger health or safety. The implied warranty of habitability imposes on landlords a duty to maintain that condition throughout the tenancy.

A warranty implied by law in residential leases that the premises are fit for human habitation and safe for ordinary use. The warranty requires landlords to maintain essential systems such as heating, electrical service, and structural integrity free from health hazards. Breach occurs when a landlord receives notice of a dangerous condition yet fails to exercise reasonable care to repair it.

A tenant's entitlement under an implied warranty that leased residential premises meet minimum standards of fitness for human habitation and comply with applicable housing codes. The warranty arises by operation of law and obligates the landlord to maintain the premises in a condition free from defects that substantially affect health or safety. Breach of the warranty permits the tenant to pursue remedies including rent abatement or damages.

A person's place of residence or domicile.

A structure that a person uses regularly for sleeping or living.

A practice that is customary or repeated regularly in a trade, place, or between particular parties.

To surreptitiously break into the computer, network, servers, or database of another person or organization.

A verb form indicating that a legal proceeding has commenced or begun.

A standard of constructive knowledge under which a party is charged with awareness of a fact when the party possesses information from which a person of reasonable intelligence would infer that the fact exists or would govern conduct on the assumption that the fact exists.

A Law Latin phrase that initiated a fine, a fictitious judicial proceeding used historically as a mode of conveying land.

An estate or inheritance that passes by operation of law to heirs upon the death of the owner.

An individual who succeeds to a decedent's property by intestate succession. The term identifies those entitled to take under statutes governing distribution when no valid will exists.

A situation in which a party is compelled to appear before a court to answer a claim or charge. The phrase is frequently invoked when analyzing whether a defendant could reasonably anticipate litigation in a given forum.

An interest consisting of one of two equal undivided shares in marital property held by each spouse.

A literally true statement that omits a fact necessary to prevent the statement considered as a whole from being materially misleading.

A test for determining whether government may restrict speech that weighs the gravity of the evil, discounted by its improbability, against the invasion of free speech necessary to avoid the danger.

A physical or mental impairment that substantially limits one or more major life activities of an individual.

A principle of federal civil procedure holding that a valid Federal Rule of Civil Procedure governs in a diversity case even when it conflicts with a state rule. The federal rule controls provided it is at least arguably procedural and consistent with the Rules Enabling Act.

A Supreme Court decision holding that a valid Federal Rule of Civil Procedure on point governs in a diversity action even when it conflicts with state practice, provided the federal rule is at least arguably procedural and consistent with the Rules Enabling Act. When no federal directive controls, state law applies if disregarding it would encourage forum shopping.

A form of conduct directed at a specific person that annoys, alarms, or causes substantial emotional distress and serves no legitimate purpose.

Conduct by a lawyer that the lawyer knows or reasonably should know constitutes harassment or discrimination on the basis of race, sex, religion, national origin, ethnicity, disability, age, sexual orientation, gender identity, marital status, or socioeconomic status when the conduct relates to the practice of law. The prohibition preserves the lawyer's discretion to accept, decline, or withdraw from representations and does not bar legitimate advice or advocacy consistent with the rules.

The act of providing lodging, shelter, or refuge to a fugitive or other person sought by law enforcement authorities.

A showing of difficulty that prevents a party from obtaining substantially equivalent materials by other means. This showing is required to overcome work-product protection and compel production of documents prepared in anticipation of litigation.

A factor in the ripeness analysis for pre-enforcement challenges that examines the concrete injury or burden a plaintiff would face if judicial review is postponed until enforcement. Courts weigh this factor alongside the fitness of the issue for judicial determination to decide whether delay would cause significant harm that justifies immediate review.

The burden or injury a party would suffer if a court withholds review of a claim until a later time. It forms one half of the ripeness inquiry alongside the fitness of the issues for judicial decision. Courts assess this factor to determine whether delaying adjudication would cause concrete and immediate harm rather than speculative injury.

A factor in the ripeness analysis that evaluates whether delaying judicial review would impose significant practical or legal burdens on the challenging parties. The factor weighs the concrete effects of postponement against the benefits of awaiting further factual development or administrative action. Courts apply it to decide whether a dispute has matured sufficiently for adjudication rather than remaining abstract or hypothetical.

An injury or loss to a person or property that results from wrongful conduct and gives rise to civil or criminal liability. The concept encompasses physical injury, emotional distress, property damage, and financial loss when caused by tortious, criminal, or other legally actionable behavior.

A physical impairment of the condition of another's body or physical pain or illness that occurs as a direct or indirect result of an actor's intentional act.

Physical contact that injures the body or offends a reasonable sense of personal dignity. The contact must result directly or indirectly from the actor's voluntary act.

Physical contact with another's person that either causes actual injury, pain, or physical impairment or that offends a reasonable sense of personal dignity.

A physical contact with another's body that causes injury or is offensive to a reasonable sense of dignity. The contact satisfies the element when it is either harmful in its physical effect or offensive in its character even if no lasting injury results.

A confinement or condition that does not cause actual harm or give rise to liability even if it involves an unreasonable risk. The absence of harm prevents recovery for false imprisonment. A situation created by conduct remains harmless unless acted upon by other forces.

A constitutional violation in a criminal proceeding that does not require reversal of a conviction if the prosecution establishes beyond a reasonable doubt that the error did not contribute to the verdict.

A rule excusing defects in the execution of a will when the proponent proves by clear and convincing evidence that the decedent intended the document to be the will.

A doctrine in the law of wills that permits a court to excuse a defect in the formal execution of a will when the proponent establishes by clear and convincing evidence that the decedent intended the document to serve as the will.

A rule excusing defects in the formal execution of a will when the proponent establishes by clear and convincing evidence that the decedent intended the document to constitute the decedent's will.

A rule that excuses a defect in will execution formalities when the proponent establishes by clear and convincing evidence that the decedent adopted the document as his or her will.

A standard that requires courts to disregard any error, defect, irregularity, or variance that does not affect substantial rights of the parties.

A doctrine permitting probate of a defectively executed will when the proponent proves by clear and convincing evidence that the decedent intended the document to be the will.

A rule excusing defects in the formal execution of a will when the proponent proves by clear and convincing evidence that the decedent intended the document to operate as a will. The rule focuses on whether the overall conduct of the testator demonstrates adoption of the instrument rather than on literal compliance with each statutory formality.

A rule excusing defects in will execution when the proponent proves by clear and convincing evidence that the decedent intended the document as a will.

A danger or peril, especially a contributing factor to a peril or loss. The concept identifies conditions that create exposure to harm, damage, or financial detriment.

A category of solid waste regulated under federal environmental statutes because it exhibits characteristics such as ignitability or reactivity or is listed as hazardous by regulatory authorities. RCRA establishes a cradle-to-grave tracking system and handling standards for such waste from generation through disposal.

A purchaser of a negotiable instrument who acquires it for value in good faith and without notice of claims or defenses. The status shields the purchaser from most defenses and claims that could be asserted against the original payee and confers priority over earlier security interests in the instrument.

A protected status conferred on a holder of a negotiable instrument who takes the instrument for value, in good faith, and without notice of claims or defenses. The status shields the holder from most personal defenses and grants priority over earlier security interests even if perfected.

An executive branch official who leads a department and may be vested by Congress with authority to appoint inferior officers under the Appointments Clause.

A principle of international law shielding a sitting head of state from prosecution in foreign national courts for official acts performed while in office.

A payment made as part of a common fine in historical English land conveyancing procedures.

The principal officers who head the executive departments of the United States government. The Appointments Clause permits Congress to authorize these officers to appoint inferior officers of the United States.

The state of soundness or wholeness in body, mind, or soul. Freedom from pain or sickness constitutes the core condition.

A person or entity that furnishes medical, dental, or other health-related services to patients. The term encompasses physicians, hospitals, clinics, and similar actors that transmit health information in electronic form or receive assignments of health-care-insurance receivables.

A contract under which an insurer agrees to pay or reimburse the insured for expenses arising from illness or injury.

A judicial or administrative proceeding in which evidence and arguments are presented to determine issues of fact or law.

An out-of-court statement that a party offers in evidence to prove the truth of the matter asserted in the statement. The rule excludes such statements because the declarant is unavailable for cross-examination at trial. A statement qualifies only if it meets both the out-of-court and truth-of-the-matter requirements.

A rule of evidence providing that a statement containing multiple layers of out-of-court assertions is admissible only when each layer independently qualifies under a hearsay exception or exclusion.

The person who made an out-of-court statement offered to prove the truth of the matter asserted.

An out-of-court statement that a party offers to prove the truth of the matter asserted in the statement. The definition requires both that the declarant made the statement outside the current proceeding and that the proponent offers it for its truth rather than for some other purpose.

A rule permitting admission of an out-of-court statement despite the general prohibition on hearsay when the circumstances surrounding the statement supply sufficient guarantees of trustworthiness. The exception applies only when the proponent satisfies the specific requirements of the governing rule or residual provision.

A category of evidentiary rules that permit introduction of out-of-court statements otherwise barred by the hearsay prohibition when the statement possesses particular guarantees of trustworthiness or the declarant is unavailable.

A set of evidentiary rules that either designate specified out-of-court statements as nonhearsay or admit them under enumerated exceptions to the hearsay prohibition.

A category of out-of-court statements that the Federal Rules of Evidence either exclude from the hearsay definition or admit under an exception when the declarant is unavailable or the statement carries sufficient guarantees of trustworthiness.

A category of out-of-court statements that the Federal Rules of Evidence classify as nonhearsay by definition rather than as hearsay subject to an exception. The classification removes two groups of statements from the hearsay prohibition entirely. Rule 801(d) identifies prior consistent or inconsistent statements by testifying witnesses and statements by party opponents as falling within this category.

A rule permitting admission of nested out-of-court statements when each component statement independently satisfies a hearsay exception or exclusion.

An evidentiary challenge asserting that a proffered out-of-court statement is offered to prove the truth of the matter asserted and is therefore inadmissible unless it satisfies an exception or exclusion. The objection forces the proponent to establish that the statement is not hearsay or that a rule removes the bar. The rule of completeness permits related statements to be introduced at the same time over a hearsay objection.

A form of out-of-court statement in which one hearsay declaration incorporates or quotes another. The combined statement is admissible only when each separate layer independently satisfies a hearsay exception or exclusion.

A rule of evidence that excludes out-of-court statements offered to prove the truth of the matter asserted unless the statement falls within a recognized exception or exclusion. The rule rests on the premise that such statements lack the safeguards of oath and cross-examination. Exceptions exist when the statement carries sufficient indicia of reliability or when the declarant is unavailable.

A collection of evidentiary rules that generally exclude out-of-court statements offered to prove the truth of the matter asserted. The rules identify when a statement qualifies as hearsay and specify exclusions and exceptions that permit admission despite the general prohibition.

A composite out-of-court statement containing multiple layers of assertions offered for their truth. Each layer must independently qualify under a hearsay exception or exclusion for the entire statement to be admissible.

A category of civil claims arising from broken romantic promises or interference with marital relations. Most states have abolished these actions by statute. Where retained the claims are treated as quasi-tort and quasi-contract actions that permit recovery of actual expenditures made in preparation for marriage together with damages for mental anguish reputational harm and injury to health but exclude recovery for lost expected benefits such as social or financial position.

A category of civil claims historically available for broken engagements and related personal harms. Where retained after statutory abolition in most states, the claims function as hybrid quasi-tort and quasi-contract actions. Recovery extends to actual expenditures made in preparation for marriage as well as damages for reputational injury, mental anguish, and health impairment, but excludes compensation for lost expected social or financial benefits from the marriage itself.

Damages recoverable in a quasi-tort, quasi-contract action for breach of promise to marry or similar heartbalm claims. Recovery reaches actual expenditures made in preparation for marriage along with loss to reputation, mental anguish, and injury to health. Recovery excludes loss of expected benefits such as social or financial position from the marriage itself.

An intense emotional state of rage or fury suddenly aroused by adequate provocation that negates the malice aforethought required for murder and thereby reduces the offense to voluntary manslaughter.

A doctrine mitigating an intentional killing from murder to voluntary manslaughter when the defendant killed in the heat of passion upon adequate provocation. The provocation must be of a kind that would cause an ordinary person to experience a sudden and intense passion sufficient to overwhelm self-control. The defendant must have actually been provoked and must not have cooled off before acting.

A common-law mitigating circumstance that reduces an intentional killing from murder to voluntary manslaughter. The doctrine applies when the defendant kills while in the heat of passion upon adequate provocation and before a reasonable cooling-off period has elapsed. Adequate provocation must be of a type that would arouse sudden intense passion in an ordinary person, the defendant must actually have been provoked, and the defendant must not have cooled off before acting.

A common-law doctrine that reduces an intentional killing from murder to voluntary manslaughter when the defendant kills in the heat of passion upon adequate provocation before a reasonable cooling-off period has elapsed. The provocation must be of a kind that would arouse sudden intense passion in an ordinary person, the defendant must actually have been provoked, and the defendant must not have cooled off.

An intentional killing that would otherwise constitute murder but occurs in the heat of passion following adequate provocation and before a reasonable cooling-off period has elapsed.

A mitigation of murder to voluntary manslaughter at common law when the defendant kills in the heat of passion upon adequate provocation before a reasonable cooling-off period has elapsed. Adequate provocation must be of a type that would arouse sudden intense passion in an ordinary person, the defendant must have been actually provoked, and the killing must occur before cooling occurs in fact or by objective measure.

A demanding standard of justification or proof imposed on a party seeking to overcome a strong presumption against a particular action or claim.

Conduct displaying a disregard for the rights or safety of others. Heedlessness is frequently treated as equivalent to recklessness when assessing criminal or tort liability.

A standard of judicial review that demands the government demonstrate an important or compelling interest advanced by state action that is substantially related or narrowly tailored to that interest. The standard applies when a law burdens a fundamental right such as the zone of marital privacy. Courts apply this review instead of ordinary rational-basis scrutiny to guard against unjustified interference with protected liberties.

A standard of judicial review under the Equal Protection Clause that applies when a government classification burdens a fundamental right or targets a suspect or quasi-suspect class. The government must demonstrate that the classification is substantially related to an important governmental objective or narrowly tailored to a compelling interest.

An intermediate standard of review under the Equal Protection Clause that requires a classification to be substantially related to an important governmental interest.

A standard of constitutional review more demanding than rational basis review. Under this standard the government must demonstrate that a classification or restriction serves an important or compelling interest and that the means chosen are substantially related or narrowly tailored to that interest.

An equal protection and substantive due process principle directing courts to subject state burdens on fundamental rights such as marital privacy to strict scrutiny. The principle requires narrow tailoring when core liberties are impaired.

A standard of judicial review more demanding than rational basis. The government must demonstrate that the challenged action serves an important or compelling interest and that the means are substantially related or narrowly tailored to that interest.

A standard of judicial review more demanding than rational basis review. Courts apply it to gender classifications and certain fundamental rights claims. The government must demonstrate that the classification or restriction serves an important objective and bears a substantial relationship to that objective.

A standard of judicial review lying between rational-basis review and strict scrutiny. The government must show that a classification is substantially related to an important governmental objective and must supply an exceedingly persuasive justification that is genuine rather than hypothesized.

A standard of judicial review more demanding than rational-basis review that requires the government to demonstrate a substantial or compelling justification for a classification or restriction. The standard applies when a law burdens a fundamental right or employs a suspect or quasi-suspect classification. Courts invalidate measures that fail to satisfy the applicable level of justification and tailoring.

A standard of judicial review that demands the government demonstrate an important or compelling interest and a close fit between the challenged classification or restriction and that interest. It applies to suspect or quasi-suspect classifications and burdens on fundamental rights, rendering the government action presumptively invalid unless the required showing is made.

A level of judicial scrutiny more demanding than rational basis review. The government must demonstrate that its classification or regulation serves an important governmental interest and is substantially related to achieving that interest.

A demanding level of judicial review that requires the government to show a challenged law or classification serves a compelling or important interest and is narrowly tailored to that end. It applies to suspect classifications such as race and to burdens on fundamental rights. The government bears the burden of justification under this standard.

A person entitled under the laws of intestacy to receive a decedent's property. The designation is determined at the moment of death and excludes those who take only by will.

A person who succeeds to property by operation of the intestacy statutes upon the death of an owner who leaves no valid will disposing of that property.

The lineal descendants of a designated ancestor who succeed to the ancestor's property under the applicable law of intestate succession if the ancestor had died owning the subject matter of the class gift.

Persons designated by the law of intestate succession to succeed to the property of a decedent who dies without a valid will. Modern statutes treat language in a donative instrument describing beneficiaries as the transferor's heirs at law as creating a remainder interest in those persons rather than presumptively retaining a reversion in the transferor.

A class of lineal descendants of a designated ancestor who would succeed to the ancestor's property under applicable intestate succession law if the ancestor died owning the property at the time the class is ascertained.

Lineal descendants of a designated ancestor who succeed to the ancestor's property under the rules of intestate succession if the ancestor had died owning the property at the time the class is ascertained. The term identifies the members of a class gift when a donative instrument uses the phrase without specifying a distribution method. Shares are then allocated among living class members according to the jurisdiction's intestacy scheme at the distribution date.

A judicial determination by a court that resolves a legal issue or applies law to facts in a case.

A servitude benefit that accrues directly to a person or entity rather than to the possessor of any particular tract of land in the use of that tract.

A stage in criminal proceedings at which a magistrate determines that probable cause exists to bind the defendant over for grand jury review or trial on serious charges. The determination follows arrest or a preliminary hearing and requires the defendant to submit to further proceedings on the charges.

An adverb used in legal instruments to indicate that the declaration or prohibition takes effect by virtue of the document itself.

An inheritance or succession that passes by operation of law rather than by will. The term identifies the default mechanism that distributes a decedent's property to heirs under intestacy statutes when no valid will controls the disposition.

A legal status of property that permits transmission to heirs or devisees upon the owner's death under applicable rules of descent and distribution.

The head of a society, corporation, or college.

A society, guild, or college in Roman law. A fraternity formed for mutual support or common purpose.

A method of artificial insemination in which semen is obtained from a donor other than the recipient's husband. The procedure raises questions of legitimacy for the resulting child under state statutes that treat the child as the legitimate offspring of the recipient and her spouse when both consent.

An artificial reproductive technique in which a woman is inseminated with sperm from a third-party donor. It raises distinct issues of legitimacy and paternity compared to insemination using the husband's sperm.

A federal executive department responsible for protecting public health and delivering essential human services. The department administers programs ranging from Medicare and Medicaid to child support enforcement and food and drug regulation.

A gap between the time a parent application ceases to be pending by abandonment or issuance and the time a continuing application is filed. The gap breaks the chain of continuity so that later applications are not entitled to the effective filing date of the parent application.

A holder of a negotiable instrument who takes the instrument for value, in good faith, and without notice of claims or defenses to it.

An impeachable offense consisting of treason, bribery, or other grave misconduct involving abuse of public office or betrayal of public trust by the President, Vice President, or civil officers of the United States.

A constitutional standard authorizing removal of the President, Vice President, and civil officers upon impeachment and conviction for treason, bribery, or other serious abuses of official power that betray the public trust.

A subjective mental state in which a publisher entertains serious doubts about the truth of a statement or purposefully avoids learning facts that would reveal its falsity. This standard establishes reckless disregard for the truth under the actual malice doctrine and permits recovery by public officials or figures in defamation actions.

A standard for determining whether a judge must be disqualified based on comments made during a proceeding. The standard requires disqualification when the comments reveal such a high degree of favoritism or antagonism as to make fair judgment impossible.

The open ocean beyond the territorial jurisdiction of any nation.

An offense against the state consisting only of levying war against it or adhering to its enemies by giving them aid and comfort. Conviction requires testimony of two witnesses to the same overt act or a confession in open court.

An elevated standard of care applicable to possessors of wild animals, keepers of dangerous domestic animals, and those engaged in abnormally dangerous activities, under which liability for resulting harm attaches even though the defendant exercised the utmost care to prevent it.

The final appellate tribunal within a judicial system that possesses ultimate authority to interpret and apply the law of its jurisdiction.

A standard of care requiring the degree of caution commensurate with the danger involved in the activity or relationship. This standard exceeds ordinary reasonable care.

A heightened standard of care that requires a defendant to exercise the utmost caution and take every feasible precaution to prevent harm to others. This standard exceeds ordinary reasonable care and has historically applied to actors such as common carriers, though some jurisdictions have abandoned it in favor of the reasonable person standard.

A standard measuring whether conduct or a publication offends the sensibilities of an ordinary person in the community. The standard requires that the matter or act exceed ordinary tolerance and invade personal dignity or privacy interests in a way that a reasonable observer would find unacceptable.

A public roadway or street open for general use by travelers.

A security device by which real property is pledged to secure payment of a debt or performance of an obligation. The grantor retains possession and an equitable right to redeem. Upon default the grantee may foreclose to satisfy the obligation.

A historical introductory clause in deeds and charters that lists the names of the attesting witnesses to the instrument.

A regulatory ordinance prohibiting the demolition or exterior alteration of historic buildings or of all buildings in a historic district. The ordinance advances a legitimate public purpose in preserving cultural heritage while leaving the owner with economically viable uses of the property.

A temporal adverb denoting the period up to the present time or a referenced past moment.

To possess legal title to real property as trustee for the buyer after a binding contract of sale is formed. The seller retains bare legal title while the buyer acquires an equitable interest that carries the risk of loss under the majority rule.

A contractual provision or statutory obligation by which one party agrees to protect another from liability, loss, or expense arising from specified claims or transactions. The protection extends to both present and former status holders when the liability stems from that capacity and does not arise from a disqualifying breach of duty.

A representation by words or conduct that a person is a partner in a partnership or consents to being represented as a partner. The representation creates liability to a third party who relies on it when entering a transaction with the actual or purported partnership.

A requirement to defend against criminal charges in court. Under the Fifth Amendment no person may be held to answer for a capital or otherwise infamous crime except upon presentment or indictment of a grand jury.

A person who has legal possession or control of a negotiable instrument, document, privilege, servitude, power, lien, or other property interest and is entitled to enforce or exercise the associated rights.

A person who acquires a negotiable instrument for value, in good faith, and without notice of claims or defenses to it. The status shields the acquirer from most personal defenses while leaving real defenses intact.

A person or entity possessing a right to payment from a debtor arising from a pre-petition transaction or occurrence. This status qualifies the holder as a creditor with standing to initiate involuntary bankruptcy proceedings against the debtor.

The party entitled to assert or waive the attorney-client privilege or work-product protection. The holder must take reasonable steps to prevent disclosure of protected communications. Failure to do so can result in waiver when an inadvertent production occurs in a federal proceeding or to a federal agency.

A commercial-law principle under which a transferee of a negotiable instrument who takes the instrument in good faith, for value, and without notice of claims or defenses acquires rights to enforce payment free of most defenses that could have been asserted against the original payee.

A status under Article 3 of the Uniform Commercial Code conferred on a holder of a negotiable instrument who takes the instrument for value, in good faith, and without notice of claims or defenses. The status entitles the holder to enforce the instrument free of most personal defenses and to take priority over earlier security interests even if perfected.

A possessory interest in goods that secures payment of an obligation by allowing the holder to retain the goods until the debt is satisfied. The interest arises by operation of law in favor of a person furnishing services or materials in the ordinary course of business. Its effectiveness depends on continued possession, and the holder lacks authority to sell the goods.

A judicial pronouncement that states the legal rule necessary to decide the case before the court. The holding supplies the precedent that binds later courts under stare decisis. It is narrowly confined to pronouncements of law required to resolve the factual issues presented.

Conduct by which a person purports to be a partner or consents to being represented as a partner. The conduct creates liability to third parties who reasonably rely on the representation and enter a transaction with the actual or purported partnership.

An element required to establish a common-law marriage under which the parties publicly hold themselves out as spouses. The element is satisfied by conduct such as using a common surname, maintaining joint accounts, or telling others they are married.

A tenant's continued occupancy of leased premises after the expiration of the lease term. This conduct creates a tenancy at sufferance that exposes the tenant to judicial remedies for possession, liability for use and occupation at the prior rental rate, and special damages that were reasonably foreseeable.

A public representation by two people that they are married and living together as spouses. This element, together with consent and cohabitation, establishes a common law marriage when all requirements are met.

The portion of a judicial opinion that resolves the legal issues presented by the facts of the case. A holding combines a principle of law with the material facts that produced the dispute. It states the court's answer to the question raised and supplies the rule that governs future cases presenting the same issue.

A tenant who remains in possession of leased property after the termination of the lease.

A robbery in which the perpetrator uses force or intimidation to take personal property from the victim's person or immediate presence with intent to permanently deprive the victim.

An admissions process used by educational institutions in which each applicant receives individualized consideration of multiple factors including academic credentials, personal background, and when constitutionally permissible race as one modest plus factor among many.

A document handwritten by its author. In the law of wills a holographic will is valid without witnesses if the testator's signature and the material portions of the document appear in the testator's own handwriting.

A testamentary writing that qualifies as a valid will without witnesses or other formalities when the testator's signature and the material portions of the document appear in the testator's handwriting.

A will that is valid without attestation if the signature and material portions of the document are in the testator's handwriting. The rule dispenses with witness requirements when the testator's own script supplies the essential terms and authentication. Printed or prewritten matter may be disregarded as surplusage if the dispositive provisions remain legible in the testator's hand.

A doctrine permitting a will to be valid without witnesses or other formalities if the signature and material portions of the document are in the testator's handwriting.

A form of will that is valid without witnesses or notarization when the testator's signature and the material portions of the document are in the testator's handwriting.

A form of will valid without attestation if the testator's signature and the material portions of the document appear in the testator's handwriting.

A warranty and insurance program that insures a new home for ten years against major structural defects. The program was developed by the Home Owners Warranty Corporation, a subsidiary of the National Association of Home Builders. Builders often provide this type of coverage, and many states provide similar warranty protection by statute.

The state in which a child has lived with a parent or person acting as a parent for at least six consecutive months immediately before commencement of a child-custody proceeding. A period of temporary absence counts toward the period. The designation supplies the primary basis for initial jurisdiction under uniform acts governing custody and support determinations.

A historical term for the homestead, consisting of the family home and its immediately surrounding curtilage. The term identifies the protected family residence and adjacent land.

A parcel of land together with the dwelling and outbuildings that a homeowner occupies as a residence. State law often exempts the homestead from forced sale by creditors up to fixed value or area limits.

A statutory entitlement that grants a surviving spouse a fixed cash amount from the decedent's estate. The allowance is exempt from and takes priority over all claims against the estate. It is payable in addition to any share the spouse receives by will, intestacy, or elective share.

A protected interest in the family home that a surviving spouse or dependent child may claim from a decedent's estate. The interest receives priority over creditor claims and may be supplemented by a statutory allowance. Its value may be offset against any constitutional homestead right already held by the claimant.

A statutory or constitutional protection that grants a surviving spouse or dependent child a priority claim to a fixed value or interest in the family home within a decedent's estate. The protection is exempt from most creditor claims and takes precedence over other distributions. It may be waived only by a signed written agreement and is forfeited by a slayer of the decedent.

The killing of one person by another. At common law, homicide falls into three categories: justifiable when the law expressly authorizes the act, excusable when a recognized defense eliminates liability, and criminal when the killing is unlawful and falls outside those protections. Under the Model Penal Code, criminal homicide occurs when a person purposely, knowingly, recklessly, or negligently causes the death of another human being.

An excusable homicide consisting of the unintentional killing of another while engaged in a lawful act without criminal negligence or intent. The classification removes criminal liability because the actor's conduct was authorized or permitted and the death resulted from pure accident rather than fault.

An excusable homicide at common law arising when a person uses force in self-defense or defense of others and thereby causes death. The classification removes criminal liability because the law recognizes the defensive conduct as a complete excuse even though the killing would otherwise be unlawful.

A category of homicide at common law consisting of killings that the law expressly commanded or authorized.

The act of maiming a man.

Private intimate behavior between consenting adults. The Due Process Clause protects this conduct from criminal prohibition when the state offers no justification beyond moral disapproval.

An excuse or privilege that arises when a person holds a subjectively genuine belief about a fact that, if true, would render the conduct lawful and that belief is also objectively reasonable under the circumstances. The doctrine operates by negating fault or the required mental state for the conduct in question. It applies only when the mistake concerns a material element and is not the product of the person's own fault.

A good-faith belief that one possesses a legal right to property, even if the belief is unreasonable or mistaken.

A good-faith belief by a possessor that land belongs to them. This belief satisfies the hostility element required for adverse possession and permits tacking of successive periods of possession.

A factual disagreement between contracting parties over the existence or scope of a preexisting legal duty that each party asserts in good faith. The disagreement supplies consideration for a contract modification when the parties compromise their positions rather than one party simply performing an undisputed duty.

A good-faith mistake made without intent to deceive or conceal. The error lacks the scienter or deliberate concealment that would convert ordinary negligence into professional misconduct.

A character trait or standard requiring truthfulness and freedom from deceit in statements or conduct.

A subjective standard of good faith that requires actual honesty in the conduct or transaction concerned without regard to external commercial norms.

To fulfill or comply with a legal duty, promise, or invocation by performing the required conduct or refraining from prohibited action.

A title, status, or office conferred in recognition of merit or service but without the attendant rights, powers, or duties.

A historical English office held by an official responsible for the custody and management of treasure and funds.

Use of land belonging to another without permission and without regard to the owner's rights.

A requirement for adverse possession that the claimant's possession or use of land occur without permission from the true owner and under a claim of right inconsistent with the owner's title. The element ensures that the possession asserts ownership against the record owner rather than under a license or subordinate right.

The requirement in adverse possession that the claimant's use of land occur without the true owner's permission and inconsistent with the owner's legal rights. Under the majority objective view this element is satisfied whenever the use proceeds without consent. Some jurisdictions add a good-faith or bad-faith overlay to the same requirement.

A witness aligned with an opposing party or shown to be uncooperative with the calling party. Alignment or demonstrated hostility permits the calling party to use leading questions on direct examination to develop the testimony.

A witness aligned with an opposing party or otherwise uncooperative with the calling party. The alignment permits the calling party to use leading questions on direct examination to develop the witness's testimony.

A witness whose interests align with an opposing party or who shows antagonism toward the examining party. This status permits leading questions on direct examination to develop testimony.

An archaic term for a person who operates an inn or provides stabling services to travelers. The label historically encompassed both the provision of lodging and the care of horses at the same establishment.

The state of intense emotional agitation arising from adequate provocation that negates malice aforethought and reduces an intentional killing from murder to voluntary manslaughter.

A common-law doctrine that protects time-sensitive news or information from misappropriation by competitors who free-ride on the originator's efforts to gather and distribute it. The doctrine requires proof that the information is time-sensitive, that the defendant is free-riding on the plaintiff's investment, and that the conduct threatens the plaintiff's incentive to produce the information.

An exception to the warrant requirement that permits police officers who have probable cause to arrest a suspect in a public place to pursue the suspect into a private dwelling without a warrant. The doctrine also authorizes a search of the premises as broad as reasonably necessary to prevent escape, ensure officer safety, and seize weapons or evidence encountered during the pursuit.

An exception to the warrant requirement that permits officers who have probable cause to arrest a suspect in a public place to pursue the suspect into a private dwelling without a warrant. The doctrine authorizes both the entry and a search as broad as reasonably necessary to locate the suspect, prevent resistance, and secure weapons. Officers may seize evidence encountered during that search.

An operator of a public lodging establishment who owes affirmative duties to guests, including protection against unreasonable risks of physical harm and the provision of first aid when needed.

A structure that people regularly use for sleeping. It remains a dwelling even if occupants also use it for other purposes, such as conducting a business. A temporary absence by the occupants does not strip the structure of its character as a dwelling.

The final stage of a real estate transaction in which the buyer pays the purchase price and the seller delivers the deed conveying title to the property.

A lawyer employed full time by a corporation or other organization to provide legal services exclusively to that entity. The role includes advising on compliance, overseeing litigation, and handling internal matters without representing outside clients.

The lower chamber of the United States Congress composed of members apportioned among the states on the basis of population and elected every two years by the people of the several states.

The common law offense of breaking into a dwelling of another at night with intent to commit a felony inside. The offense requires an actual breaking that facilitates entry, an entry by any part of the body or a tool used to commit the felony, a structure regularly used for sleeping by someone other than the defendant, commission during nighttime when facial features cannot be discerned by natural light, and felonious intent formed before entry.

A common-law misdemeanor consisting of the malicious burning of one's own dwelling when the structure is located within a city or town or so close to other houses that the fire endangers those neighboring structures.

A group of persons who live together in the same dwelling unit.

A regulatory standard imposed by local ordinance that sets minimum requirements for the health, safety, and habitability of residential property.

Regulations enacted by municipalities or states that establish minimum standards for the construction, maintenance, and habitability of residential property to protect occupants' health and safety.

An abbreviation for home owners warranty.

An adverb that qualifies a legal element or condition by indicating that the requirement is satisfied irrespective of the degree, extent, or manner of the act or circumstance.

A criminal offense involving the recruitment, transportation, transfer, harboring, or receipt of persons by force, fraud, or coercion for the purpose of exploitation such as forced labor or commercial sexual exploitation.

A former administrative subdivision of a county in England that maintained its own local court and performed public functions such as maintaining order and collecting taxes. In the United States the unit was adopted in several colonies and survives today only in Delaware.

The crime of theft or larceny. It requires a trespassory taking and carrying away of tangible personal property belonging to another with the intent to deprive the owner permanently or for an unreasonable time.

A married man who holds the legal status of spouse to a wife.

The legal status of two persons joined by a valid marriage. This status creates mutual rights and obligations including support duties, evidentiary privileges for confidential communications, and special rules for property ownership and succession.

A privilege in federal criminal proceedings that permits the witness spouse to refuse to give adverse testimony against the defendant spouse. The privilege belongs solely to the witness spouse, who may choose to testify even if the defendant spouse objects. The defendant spouse holds no veto power over the witness spouse's decision.

The practice of cultivating the soil, raising crops, and breeding livestock for food or other agricultural products. It encompasses the systematic management of farming operations to sustain productivity.

A privilege in criminal proceedings that protects one spouse from compelled adverse testimony against the other. The privilege belongs exclusively to the witness spouse in federal court and permits that spouse to refuse to testify while allowing voluntary testimony even over the defendant spouse's objection. The privilege applies only during a valid marriage and reaches matters occurring before the marriage.

A historical status under Old English law held by a person who owns house and land and is bound to a frankpledge.

A Latin maxim denoting public outcry or clamor. Under the Model Rules a judge must decide cases solely on the evidence and law without regard to protests, petitions, media campaigns, or threats of criticism.

A single transaction that combines a sale of goods with the provision of services or other non-goods elements. The UCC applies to the transaction to the extent the sale-of-goods aspects predominate or, when they do not, only to those provisions that relate primarily to the sale-of-goods aspects.

A single transaction that combines a sale of goods with services or other non-goods elements. In such a transaction the sales-of-goods provisions of Article 2 apply to the extent the dispute concerns the goods aspects of the deal.

A method of eliciting expert opinion testimony by presenting the witness with a series of assumed facts and requesting an opinion based on those facts.

A category of civil claims arising from broken romantic promises or interference with marital relations, including breach of promise to marry, alienation of affections, and criminal conversation. Most states have abolished these actions by statute. Where retained, the claims function as quasi-tort and quasi-contract actions that permit recovery of actual expenditures made in preparation for marriage along with damages for loss of reputation, mental anguish, and injury to health, but exclude recovery for loss of expected benefits such as social or financial position.