Legal Terms — J

An abbreviation for judge or justice preceding a surname in legal citations and judicial opinions.

A doctrinal framework used by courts to assess the constitutionality of presidential actions in domestic affairs. The framework places an action in one of three categories according to its alignment with congressional will. Category one applies when the President acts with express or implied congressional authorization. Category two applies when Congress has not spoken. Category three applies when the President acts against congressional will.

A place where persons awaiting trial or those convicted of misdemeanors are confined.

A federal statute requiring the government to produce any prior statement of a prosecution witness that relates to the subject matter of the witness's testimony after the witness has testified on direct examination. The statute defines a statement to include a written statement signed or adopted by the witness, a substantially verbatim contemporaneous recording of the witness's oral statement, or the witness's grand jury testimony. Production allows the defense to inspect the statement, cross-examine the witness about it, and introduce relevant portions into evidence.

The risk of criminal conviction and punishment to which a defendant is exposed once prosecution begins. The Fifth Amendment bars the government from placing a person in that position more than once for the same offense.

The point in a criminal proceeding at which the Double Jeopardy Clause begins to protect a defendant from retrial for the same offense. In a jury trial the protection begins when the jury is empaneled and sworn. In a bench trial the protection begins when the first witness is sworn. Attachment for a lesser included offense also bars later prosecution for a greater offense arising from the same conduct.

An abbreviation denoting multiple justices of a court.

A procedural device authorizing a court to enter judgment during or after a jury trial when the evidence is legally insufficient for a reasonable jury to find for the nonmoving party on a claim or defense.

A procedural device that permits multiple parties or claims to be combined in a single action, including claims that involve the joinder of additional parties when those claims form part of the same case or controversy.

A procedural mechanism that permits multiple parties or claims to be combined in a single action.

An agreement by the party opposing a demurrer that accepts the legal issue raised and submits the sufficiency of the pleading to the court for decision without further factual dispute.

The procedural mechanism by which additional parties or claims are incorporated into an existing lawsuit through the filing of pleadings. It enables courts to resolve related disputes in a single action while respecting limits on subject-matter jurisdiction and venue.

A collection of procedural and substantive rules that determine when additional parties or claims may or must be included in a single proceeding. These rules promote judicial efficiency, avoid inconsistent outcomes, and protect the interests of absent persons whose rights may be affected. In community property jurisdictions the same label also identifies statutes that require both spouses to execute documents affecting real property held by the community.

A procedural mechanism that permits multiple claims or parties to be combined in a single lawsuit when the claims share a common nucleus of operative fact.

A procedural device in criminal cases that permits multiple offenses to be tried against the same defendant in one proceeding when the charges share a sufficient factual or evidentiary connection. The device promotes efficiency by avoiding duplicative trials and repeated presentation of the same witnesses and evidence. Courts retain discretion to sever charges if joinder would cause prejudice to the defendant or the government.

A procedural mechanism that permits or requires multiple claims or parties to be litigated together in a single action. The mechanism promotes efficiency by consolidating related disputes while respecting limits on jurisdiction, venue, and fairness to participants.

A procedural mechanism in criminal cases that allows a prosecutor to include multiple charges against one defendant in a single indictment or information when the offenses are of the same or similar character, based on the same act or transaction, or connected as part of a common scheme or plan.

A procedural device that permits multiple plaintiffs or defendants to participate in a single civil action. The device applies when the claims arise from the same transaction or occurrence and present at least one common question of law or fact.

A shared or collective arrangement in which two or more parties hold rights, bear obligations, or exercise authority together.

A bank account established in the names of two or more persons with each authorized to deposit or withdraw funds. Ownership interests are determined by contributions or agreement among the parties, and upon the death of one holder the surviving parties take the decedent's beneficial share by right of survivorship.

A business arrangement in which two or more parties combine their resources and efforts to pursue a specific commercial project for profit. The participants share control, risks, and returns while retaining separate legal identities outside the venture.

Multiple clients who retain the same attorney to advise them on a shared legal matter. Communications among the clients and the lawyer remain privileged against outsiders but lose protection in disputes between the clients themselves. Joint representation also triggers conflict-of-interest analysis because duties of loyalty and confidentiality run simultaneously to each client.

An arrangement by which both parents share the responsibility for and authority over the child at all times, although one parent may exercise primary physical custody. The term encompasses both joint legal custody over major decisions and joint physical custody over residence and daily care.

A principle in family law that authorizes courts to award shared physical custody, legal custody, or both to multiple parties. The doctrine treats custody as encompassing joint or shared arrangements between parents or between a parent and a nonparent. It focuses on functional caregiving and decision-making authority rather than formal title alone.

A defendant joined with one or more others as a party in the same civil action or criminal prosecution. The joinder subjects each to the same proceeding and permits claims or evidence involving multiple parties to be resolved together.

An arrangement in which two or more parties share both the right to make major decisions concerning a child's education, health care, and activities and the responsibility for the child's day-to-day care and residence.

A custodial arrangement in which both parents retain authority to participate in major decisions about a child's education, health care, and welfare. The arrangement confers shared responsibility for significant choices without requiring equal physical possession of the child.

A form of child custody in which two or more parties share physical custody, legal custody, or both of a child. The arrangement allocates substantial time and decision-making authority between the parties without requiring formal title or compensation for care.

Undivided ownership shared by two or more persons. The interest of each owner passes to the surviving owners by right of survivorship upon death.

A form of constructive possession in which two or more persons share the power and intention to exercise dominion and control over an item. The shared authority may be inferred when contraband is located in a common area accessible to all and no person claims exclusive ownership.

Co-ownership of property by two or more persons. Such ownership alone does not create a partnership even when the owners share profits derived from the property.

Representation by one lawyer or associated lawyers of two or more clients in the same matter or proceeding. The arrangement creates duties of loyalty and confidentiality to each client simultaneously and triggers judicial inquiry in criminal cases to ensure no disabling conflict arises.

An assumption of shared accountability by lawyers not in the same firm that permits division of a legal fee even when the division does not match the services each performed. The assumption requires each lawyer to accept financial and ethical responsibility for the entire representation as if the lawyers were partners.

A condition permitting lawyers from different firms to divide a fee other than in proportion to services performed. Each lawyer must share legal and ethical accountability to the client for the entire matter as if they were partners on it.

A form of concurrent ownership of property in which each co-owner holds an undivided interest in the whole with a right of survivorship. Upon the death of one tenant the interest is extinguished and the surviving tenants automatically take the whole by operation of law without probate. Creation of the estate requires the four unities of time title interest and possession together with clear intent to create survivorship rights.

A form of concurrent ownership of property in which each owner holds an undivided interest in the whole with a right of survivorship. Upon the death of one owner the interest is extinguished and the surviving owners take the whole by operation of law.

A form of concurrent ownership in which each tenant holds an undivided interest in the whole property. Upon the death of one tenant the interest passes automatically to the surviving tenant or tenants by operation of law without probate.

A concurrent estate in which two or more persons hold equal undivided interests in property with the right of survivorship. Upon the death of one tenant the surviving tenant or tenants automatically succeed to the deceased tenant's share by operation of law.

A co-owner of real or personal property held in joint tenancy who enjoys the right of survivorship. Each joint tenant holds an undivided interest in the whole estate and may unilaterally sever the tenancy by conveyance, subject to statutory rules governing partition, leases, divorce, and killings.

A form of concurrent ownership in which each owner holds an undivided interest in the whole property. Upon the death of one owner the surviving owner or owners automatically succeed to the deceased owner's share by operation of law.

Concurrent ownership of property by two or more persons under which each holds an undivided interest in the whole and the right of survivorship applies. Upon the death of one owner the surviving owners take the deceased owner's share by operation of law without probate. The form requires the four unities of time title interest and possession and is created only by express language or other clear manifestation of intent.

A concurrent estate in land held by a married couple treated as a single legal person. The estate features an indestructible right of survivorship and bars one spouse from unilaterally alienating or encumbering the property.

A form of concurrent ownership of property by two or more persons in which each holds an undivided interest. Upon the death of one owner the interest passes automatically by operation of law to the surviving owner or owners rather than through probate.

A form of concurrent ownership in which two or more persons hold undivided interests in the same property. The right of survivorship causes the interest of a deceased joint tenant to pass automatically to the surviving joint tenant or tenants by operation of law.

A form of concurrent ownership of property in which each owner holds an undivided interest accompanied by a right of survivorship. Upon the death of one joint tenant the deceased owner's interest passes automatically by operation of law to the surviving joint tenant or tenants and therefore bypasses probate administration.

A concurrent estate in which two or more persons hold undivided interests in property with the distinctive feature that the interest of a deceased co-owner passes automatically to the surviving co-owner or co-owners by operation of law.

An association of two or more persons formed to carry out a single business undertaking or transaction for profit. The participants combine their property, money, efforts, skill, and knowledge under an agreement that typically requires shared control and profit sharing.

A business arrangement recognized under the Model Business Corporation Act as an entity in which a corporation may serve as promoter, partner, member, associate, or manager and for which the corporation may purchase insurance covering a director or officer serving at its request.

A will signed by two persons that disposes of the property of both. The execution of such a will does not by itself create a presumption of a contract not to revoke.

A single testamentary instrument executed by two persons that functions as the last will and testament of each. The instrument commonly directs that the estate of the first to die passes to the survivor and that the survivor's estate then passes to designated beneficiaries. Execution of the joint will alone creates no presumption that the parties agreed not to revoke it.

Shared by or belonging to two or more persons or entities. The term denotes collective action, responsibility, ownership, or prosecution among the participants.

An undivided ownership interest in property held by two or more persons that includes a right of survivorship. Upon the death of one co-owner the interest passes directly to the surviving co-owner or co-owners by operation of law rather than through probate. The arrangement functions as a will substitute because the property is nonprobate and cannot be devised by will even when divorce proceedings are pending.

Liability under which each obligated party remains responsible for the full amount of an obligation. A claimant may therefore recover the entire sum from any one of the parties without first exhausting remedies against the others.

Liability imposed on multiple parties such that each is responsible for the full amount of an obligation or damages. Recovery of the entire sum may be obtained from any one of them.

Property held in the name of two or more persons under an arrangement in which all holders have concurrent interests and under which the last surviving holder is entitled to the whole of the property. The arrangement creates a right of survivorship that passes title automatically upon the death of one holder without probate administration.

Liability imposed on two or more parties for the same obligation or harm. Each party remains responsible for the entire amount even if others share the duty.

Liability imposed on two or more parties for the same obligation or harm. Each party remains responsible for the entire amount, so the obligee may recover the full sum from any one of them without first pursuing the others.

An approach to selective incorporation under which a Bill of Rights provision applies to the states in precisely the same manner as it applies to the federal government. The Supreme Court has not uniformly required this exact equivalence when determining the content of incorporated rights.

An official record of proceedings maintained by a legislative body. The record includes votes, actions taken, and objections to bills returned by the executive.

An undivided ownership interest in property held by two or more persons with equal rights of possession that passes automatically to the surviving owner or owners upon the death of a co-owner by operation of law.

A private citizen in ancient Roman civil procedure appointed by the praetor to decide a specific case after the legal issue had been framed in a formula.

A judicial officer vested with authority to preside over legal proceedings, interpret and apply the law, and render judgments in disputes. The officer must maintain independence and impartiality, deciding cases solely on the law and facts without regard to external pressures or personal interests.

The office or authority of a judge.

The judge's instructions to the jury explaining the applicable law and how to apply it to the facts at the close of a trial.

A court's final determination of the rights and obligations of the parties in a case. The term encompasses equitable decrees and any order from which an appeal lies.

A procedural ruling by which a court removes an issue or claim from the jury during or after a trial. The ruling rests on a determination that the evidence supplies no legally sufficient basis for a reasonable jury to find for the nonmoving party on that issue or claim.

A procedural device by which a court removes an issue or claim from the jury and enters judgment when the nonmoving party has been fully heard and the record contains no legally sufficient evidentiary basis for a reasonable jury to find in that party's favor on the issue.

A ruling by which a court in a jury trial resolves an issue or the entire case against a party when the evidence supplies no legally sufficient basis for a reasonable jury to find for that party on the claim or defense. The ruling may occur before or after verdict and requires the movant to identify the controlling law and supporting facts.

A final court determination of the rights and obligations of the parties that is entered when a defendant fails to appear or respond to the complaint. The judgment is limited to the kind and amount of relief demanded in the pleadings.

A person who has obtained a court judgment awarding a sum of money and who possesses the legal right to enforce execution of that judgment against the debtor's assets.

A monetary obligation created by a court's final determination that one party owes a sum to another. The obligation arises once the judgment is entered and remains enforceable until satisfied or extinguished by operation of law.

A person against whom a money judgment has been entered but not yet satisfied.

A procedural mechanism by which a prevailing party enforces a money judgment. The mechanism operates through issuance of a writ directing seizure and sale of the judgment debtor's assets to satisfy the award. A writ of execution on a partnership judgment must be returned unsatisfied in whole or in part before a creditor may proceed against a personally liable partner's separate property.

A final judicial determination that awards a specific sum of money to one party payable by another. The award creates an enforceable obligation that may be collected through execution or other collection mechanisms.

A statutory lien that attaches to a judgment debtor's real property upon docketing of the judgment in the county records. The lien enables the judgment creditor to levy on the property and sell it to satisfy the judgment. Priority among competing liens is determined by the order of docketing.

A creditor who has obtained a valid court judgment for a sum of money or specific property and has perfected a lien on the debtor's property under applicable law. The lien attaches to the debtor's real or personal property and confers priority rights against subsequent interests in many statutory schemes.

A statutory lien that attaches to a judgment debtor's real property upon the docketing or recording of the judgment. The lien gives the judgment creditor the right to levy on the property to satisfy the debt. Scope, duration, and priority relative to other interests are governed by state law.

A court order directing that a defendant be acquitted of one or more charges because the prosecution evidence is legally insufficient to support a conviction. The order may be entered on the defendant's motion or on the court's own initiative after the government closes its case or after all evidence is presented. Entry of the order terminates the prosecution on the affected charges with the force of an acquittal.

A court's formal entry recording the plea, verdict or findings, adjudication of guilt, and sentence imposed following a criminal conviction. The entry becomes final once all rights to appeal have been exhausted or the time for appeal has expired.

A court decree that alters the preexisting marital status of both spouses equally by declaring them legally separated while leaving the marriage intact. The decree is granted upon the request of one party unless the other objects. After six months either spouse may move for conversion of the decree into a dissolution of marriage.

A procedural device allowing a court to enter judgment after the pleadings close but before trial when the movant is entitled to prevail as a matter of law based solely on the pleadings.

A court order that resolves a case by giving effect to a jury's general verdict when that verdict is consistent with any accompanying answers to written questions. The order directs entry of judgment under Rule 58 once consistency is confirmed.

A court-appointed officer who collects or diverts funds from a judgment debtor to satisfy a creditor's judgment. The receiver is typically appointed when standard enforcement methods prove inadequate.

A sale of property conducted under court order to satisfy a judgment or lien. The sale produces proceeds that are applied first to the underlying debt and then distributed according to the parties' interests.

A court order that resolves a claim or defense during or after a jury trial when the opposing party has failed to present legally sufficient evidence on an issue. The order removes the issue from the jury and enters judgment for the moving party under the controlling law.

A judicial order entered when evidence is insufficient to sustain a conviction or when an established defense such as insanity precludes liability. The order terminates the prosecution and bars retrial on the same charges under double-jeopardy principles.

A quality of a legal claim or controversy that permits adjudication by courts. The quality exists when none of the political question factors identified in Baker v. Carr are present and a live case or controversy satisfying Article III requirements remains.

An adjective describing matters relating to courts or judges. It identifies proceedings conducted through court action, powers vested in the judiciary, or standards governing judicial officers.

The process of managing court operations and resources to ensure the efficient and fair resolution of cases. This includes coordinating dockets, applying choice-of-law factors, and allocating judicial resources so that disputes are resolved without unnecessary delay or duplication.

A category of public servants encompassing judges, adjudicatory officers, public legal officers, and candidates for judicial or legal office. These officials are subject to ethical canons that require them to act at all times in a manner that promotes public confidence in the independence, integrity, and impartiality of the judiciary and to avoid impropriety and the appearance of impropriety.

The constitutional provision that establishes the Supreme Court, authorizes Congress to create inferior federal courts, grants federal judges life tenure and salary protection, and defines the scope of the judicial power of the United States.

An ancient form of jury trial begun by judicial writ and deriving from pleas of gage, mort d'ancestor, and darrein presentment.

Court approval granted for an action or procedure when statutory prerequisites such as age or consent are not met or when investigative steps require judicial oversight.

The branch of government consisting of the courts. Its core function is to interpret, apply, and administer the laws.

A court's acceptance of an adjudicative fact as true without formal proof. The acceptance occurs when the fact is not subject to reasonable dispute because it is generally known within the territorial jurisdiction or can be accurately and readily determined from sources whose accuracy cannot reasonably be questioned.

The respect a court of one state or jurisdiction shows to another state or jurisdiction in giving effect to the other's laws and judicial decisions.

A judicial remedy by which a court declares the rights, duties, or legal relations of parties without ordering coercive relief. The remedy resolves uncertainty about legal status or obligations when an actual controversy exists between adverse parties.

A principle under which courts give weight to the judgments of the political branches or administrative agencies when reviewing constitutional or regulatory challenges. The principle calls for rational-basis review or acceptance of agency credibility findings unless contradicted by uncontroverted evidence. It yields when core individual liberties or structural constitutional limits are directly implicated.

A procedure by which a judge is removed from a case when the judge is less than impartial or when impartiality might reasonably be questioned. Removal occurs either on the judge's own initiative or upon a party's motion. The standard focuses on an objective appraisal of circumstances that could undermine public confidence in the fairness of the proceeding.

A geographic subdivision of a state for purposes of the federal judicial system. The division determines where a defendant resides for venue purposes and where a civil action may be brought under the general venue statute.

A court's exercise of authority to order compliance with legal obligations or to award remedies for their violation. Courts apply this power only when a claim presents a justiciable controversy with judicially manageable standards.

An order issued by a court compelling parties to a private contract or covenant to perform their obligations according to its terms. Such an order supplies the element of state compulsion that can trigger constitutional review when the underlying agreement restricts protected rights.

A foreclosure method by which the mortgaged property is sold through a court proceeding requiring the filing of a complaint, service of process, notice, and a hearing. The mortgagee initiates the action to terminate the mortgagor's equity of redemption and realize on the collateral by court-supervised sale. The mortgage instrument and applicable state statute determine whether this method is available and control the required procedures for notice, sale, and redemption.

A supervised public auction of mortgaged property conducted under court order after default to satisfy the secured debt. The court oversees advertising, timing, and location of the sale, typically through a public official such as a sheriff. This process protects the mortgagor's equity by returning any surplus above the debt and limits post-sale challenges when the proceeding is regular.

An official adjudicative role exercised by a judge or other authorized officer when resolving disputes, applying law to facts, and rendering decisions within the scope of assigned duties.

A characteristic of a proceeding or action that involves investigation of facts, declaration of rights, and application of law to specific parties. The quality distinguishes adjudicative functions from legislative rulemaking or executive enforcement.

A foundational principle requiring judges to decide cases based solely on the law and facts without regard to external pressures. This principle bars judges from allowing public clamor, political interests, financial relationships, or personal misconduct to influence judicial conduct or judgment.

A lien obtained by a creditor through judicial process. The creditor first secures a judgment and then dockets it against the debtor's real property or levies execution on personal property to create the lien.

A lien created by judicial process that attaches to a debtor's property upon entry of a judgment or issuance of a writ of execution. The lien permits the creditor to seize and sell the property to satisfy the underlying obligation. It arises only after a lawsuit and enforcement steps rather than by agreement or statute alone.

A court's acceptance of an adjudicative fact that is not subject to reasonable dispute because it is generally known within the territorial jurisdiction or capable of accurate and ready determination from sources whose accuracy cannot reasonably be questioned. The doctrine dispenses with the need for formal proof and permits the court to treat the fact as established.

A doctrine allowing a court to ascertain the content of governing law without requiring the parties to prove it through formal evidence.

A public official who exercises judicial authority. Such an officer includes judges and magistrates as well as state or local officials statutorily empowered to perform adjudicative functions such as initial appearances, marriage solemnizations, or oath administration.

A written direction or command delivered by a court or judge that requires a party to take or refrain from a specified action. It resolves a subsidiary matter in a proceeding without disposing of the merits of the case.

A court-ordered division of real property held by co-tenants that terminates the concurrent ownership either by physically splitting the land into separate parcels or by selling the property and distributing the proceeds according to ownership interests.

The authority vested in courts and judges to hear and decide cases and to make binding judgments on them. This power includes the authority to construe and apply the law when controversies arise over what has been done or not done under it. Under federal law the power is vested in the Supreme Court and in inferior courts that Congress establishes.

A doctrine under which courts must follow earlier judicial decisions that address the same legal issue when deciding later cases presenting substantially similar facts.

A formal action or step in litigation conducted before a court or tribunal that determines rights or resolves disputes. The term encompasses the regular progression of a lawsuit from commencement through judgment as well as any procedural means for seeking redress from a judicial body.

A formal process conducted before a court in which legal rights and obligations are determined. The term encompasses adversary criminal prosecutions once charges are filed as well as civil actions in which courts adjudicate disputes between parties.

The formal proceedings and mechanisms by which courts compel compliance with their orders and resolve disputes. It encompasses writs, subpoenas, and other means that bring parties before a tribunal or enforce judgments.

A form of relief that a court may grant to enforce a legal right or redress a wrong. The remedy is available when a party seeks recovery of possession or other protection through judicial process rather than self-help.

A court's power to review the actions of other branches or levels of government and to invalidate those actions when they conflict with the Constitution.

A court-ordered public sale of property conducted by a court officer. The sale occurs to divide proceeds among co-owners when physical partition is impracticable due to the land's characteristics or external legal constraints such as zoning.

A court decree separating spouses from bed and board without terminating the marriage. The decree permits orders for spousal and child support based on need and ability to pay as well as equitable apportionment of property.

Criteria that enable courts to resolve a dispute according to legal principles rather than policy choices or political discretion. Their presence or absence helps determine whether a controversy is justiciable or instead constitutes a nonjusticiable political question.

The branch of government responsible for interpreting the laws and administering justice. A system of courts or a body of judges also constitutes the judiciary.

A constitutional protection requiring that criminal prosecutions occur in proceedings open to public and press attendance. The guarantee promotes fairness, deters misconduct, and fosters confidence in judicial outcomes by subjecting the process to public scrutiny. Closure is permitted only upon specific findings that an overriding interest exists, that the restriction is narrowly tailored, and that reasonable alternatives were considered.

A criminal proceeding under a public statute. The term originated in Roman law under the rule permitting any member of the public to initiate a prosecution.

An officer who presides over judicial proceedings in French law.

A trial or suit. Litigation.

A historical term denoting a judgment, sentence, or penalty. By extension the term also refers to the instrument of punishment, especially a gibbet.

A position or interest that is lower in rank or priority than another.

A subordinate legal or equitable claim to or right in property that ranks lower in priority than another interest. The claim is subject to extinguishment when a senior interest is enforced through foreclosure or similar proceedings unless the holder receives required notice and an opportunity to protect the position.

A subordinate lien that ranks below another lien on the same property in priority for satisfaction from the collateral. The junior lien is subject to discharge or extinguishment upon foreclosure or other disposition by the senior lienholder unless preserved by agreement or statute.

An interest in real property subordinate in priority to a senior lien. The holder receives notice as a necessary party in foreclosure proceedings and may claim any surplus after the senior debt is satisfied. In some jurisdictions the holder may also exercise a statutory right to redeem the property after sale.

A mortgagee whose lien on real property is subordinate in priority to that of another mortgagee on the same property. The junior mortgagee may obtain a receiver to collect rents when its mortgage contains an assignment of rents or receivership authorization even if the senior mortgage lacks both.

A mortgage that is subordinate in lien priority to one or more earlier-recorded mortgages on the same real property. The junior mortgagee takes subject to the senior lien and may enforce its security interest only after the senior mortgage is satisfied or through limited remedies such as receivership when the senior mortgage lacks rents or receivership provisions.

A security interest in collateral that ranks below another security interest in the same collateral in terms of priority. Upon a senior secured party's disposition of the collateral the junior interest is discharged unless the junior holder makes a timely authenticated demand and receives proceeds after satisfaction of the senior claim and allowable expenses.

A Latin term for rights. It encompasses legal entitlements or prerogatives, including those in personam or in rem and historical categories such as royal or fiscal rights.

Rights attaching to individuals in their personal capacity. These rights arise from personal status or relationships and may be asserted against specific parties or in connection with particular transactions.

An adjective describing matters of or relating to law or jurisprudence. It also characterizes relations involving rights and obligations.

A cause that is legally sufficient to result in liability. The law holds the actor responsible for harm when the causal sequence satisfies the requirements for imposing liability unless a defense applies.

The legal connections between persons consisting of rights, duties, powers, and privileges that arise from law or agreement and determine the effects of one party's acts on another.

A solemn declaration or promise made with reference to a deity or sacred object as a witness to its truth, required before testimony, in support of legal documents, or to assume public office.

A Latin maxim characterizing an oath as an invocation of divine witness. The act carries religious significance by summoning God to attest to the truth of a statement.

A certification added to an affidavit or deposition stating when and before what authority the affidavit or deposition was made. The certification confirms that the signer appeared before the officer, signed in the officer's presence, and swore to or affirmed the contents under oath.

A principle or rule derived from the law of nations. The law of nations consists of customary international norms that sovereign states recognize as binding in their mutual relations and that authorize punishment of certain universal offenses.

A principle of equity that no person should obtain a benefit through the loss or injury of another. The maxim requires restitution whenever one party has been unjustly enriched at another's expense. Courts apply it to restore the status quo by compelling the enriched party to disgorge the benefit.

A defense to attempt liability that applies when the defendant's intended conduct would not constitute a crime even if completed exactly as planned under the circumstances the defendant believed to exist. The defense turns on the absence of an essential element of the target offense under those believed facts. It prevents conviction because the law does not criminalize the result the defendant sought to achieve.

A government's general power to exercise authority over all persons and things within its territory. This power determines the geographic and political reach of laws and judicial decrees.

A court's authority to render a binding judgment against a particular defendant. The authority rests on the defendant's presence or contacts within the forum, on consent, or on statutory grounds such as long-arm jurisdiction.

A court's authority to hear and decide particular cases. This power requires both subject-matter jurisdiction over the category of dispute and personal jurisdiction over the parties involved.

A court's authority to adjudicate the subject matter of a particular dispute. The authority exists only when the claim falls within a statutory or constitutional grant of power to the court.

A court's authority to render a binding judgment against a particular defendant. The authority arises when the defendant has minimum contacts with the forum such that the suit does not offend traditional notions of fair play and substantial justice, or when the defendant is served with process while physically present in the forum, consents to jurisdiction, or is domiciled there.

A court's power to hear and decide a particular category of cases or controversies. The power must appear from the face of the complaint or from undisputed jurisdictional facts and cannot be created by consent, waiver, or the parties' litigation conduct.

A court's authority to render a binding judgment against a particular defendant. The authority rests on the defendant's presence or contacts within the forum, on consent, or on statutory grounds such as long-arm jurisdiction.

A court's authority to hear and decide a case because the claim falls within the category of disputes the court is empowered to adjudicate. This power is determined by statute or constitutional provision and exists independently of the parties' consent or the merits of the claim. A court lacking this authority must dismiss the action whenever the defect is identified.

A form of judicial authority that attaches because the conduct, parties, or property lie within the court's geographic territory.

A court's power to hear and decide cases involving a particular category of legal claims or subject matter. This power is determined by constitutional or statutory grants that allocate authority over specified types of disputes.

The power of a court to enter a judgment that binds a defendant personally or affects the defendant's interest in property. The exercise of this power is limited by the Due Process Clause, which requires sufficient contacts between the forum state and the defendant, the underlying transaction, or the property at issue.

Choice-of-law principles that identify a particular jurisdiction whose substantive law governs a multistate dispute based on the location of key events or contacts. These rules operate by directing the forum to the law of the selected state, including that state's own choice-of-law rules when the issue involves immovables. They promote uniformity by requiring the forum to replicate the result a court of the selected state would reach on the same facts.

The monetary value of the claim or relief sought in a lawsuit. This threshold must be satisfied to invoke federal subject-matter jurisdiction on the basis of diversity of citizenship.

Doctrines permitting independent judicial review of facts essential to an agency's lawful exercise of power or necessary to assess the constitutionality of its action.

A strategic practice by which parties select or manipulate forums or jurisdictions to exploit differences in substantive or procedural law. The practice is deterred by rules that freeze the applicable law at the time of a proper filing and by choice-of-law principles that promote uniformity and discourage manipulation of outcomes through transfers or forum selection.

A connection or relationship between a forum, a defendant or subject, and a claim that permits a court to exercise personal or subject-matter jurisdiction.

A flaw that deprives a court of authority to hear and decide a case or proceeding. Identification of the flaw requires dismissal even after extensive litigation or trial because the court never possessed power to adjudicate the matter.

A fact that must be established to determine whether a court or tribunal possesses authority over a particular matter or party. Establishment of such facts confirms that the proceeding falls within the tribunal's statutory or constitutional power and that the accused or litigant is properly subject to its reach.

Facts that must be established to confer or sustain a court's or agency's jurisdiction over a matter or party. Establishment of these facts confirms that the tribunal or agency possesses the power to adjudicate the dispute or impose sanctions.

A connection between a defendant and the forum state or between regulated activity and interstate commerce that permits the exercise of personal jurisdiction or federal regulatory authority consistent with due process and constitutional limits.

A member of a jury panel selected to decide factual issues in a legal proceeding.

A body of persons selected according to law and given the power to decide questions of fact and return a verdict in the case submitted to them.

A set of instructions given by the trial judge to the jury explaining the legal principles they must apply in reaching a verdict. The instructions define the elements of claims or offenses, allocate burdens of proof, and guide the jury on how to evaluate evidence and reach conclusions consistent with the law.

The confidential discussions among jurors after the close of evidence in which they review testimony and exhibits, apply the court's instructions on the law, and work toward a verdict.

A court's statement to the jury explaining the legal standards and rules that govern the case and that the jury must apply in reaching its verdict. The statement guides the jury's deliberations by identifying the elements of claims or defenses and the burdens of proof.

Directions given by a judge to a jury explaining the legal rules the jury must apply when deciding the facts of a case. The instructions frame the elements of claims or defenses and guide the jury on burdens of proof and permissible inferences.

The procedural moment in a jury trial at which double jeopardy protection attaches under the Fifth Amendment. From this point forward the defendant is generally protected against retrial for the same offense unless the proceeding terminates in a manner consistent with double jeopardy principles.

A constitutional right ensuring that a criminal defendant receives trial by an impartial jury selected from the community where the offense occurred. The guarantee protects against governmental oppression by requiring a body drawn from the local population rather than one handpicked by officials.

A body of citizens convened to receive evidence of alleged crimes and decide whether to return an indictment charging a person with an offense.

A factual issue that a court determines is supported by sufficient evidence to permit a reasonable jury to decide it in favor of either party. The presence of such evidence means the issue must be submitted to the jury rather than resolved by the judge as a matter of law.

The process of questioning prospective jurors and exercising challenges to assemble an impartial panel for trial. Equal protection prohibits peremptory strikes based solely on race or gender. A prima facie showing of discriminatory pattern shifts the burden to the striking party to offer a neutral explanation, after which the court determines whether purposeful discrimination occurred.

A constitutional guarantee that factual issues in common-law suits exceeding twenty dollars be decided by an impartial jury rather than a judge alone.

A constitutional entitlement that requires serious criminal offenses to be tried before an impartial jury of at least six members. The right applies to the states through the Fourteenth Amendment and can be waived only when the record affirmatively demonstrates that the waiver is knowing, voluntary, and intelligent.

A constitutional entitlement to have factual disputes resolved by a jury rather than a judge. The right attaches in suits at common law where the amount in controversy exceeds twenty dollars. Once a jury has decided an issue of fact the court may not reexamine that finding except according to established common-law procedures.

A constitutional guarantee that preserves the right to have factual issues decided by a jury rather than a judge in suits at common law where the amount in controversy exceeds twenty dollars. The guarantee also extends to serious criminal prosecutions and attaches once a jury is empaneled and sworn. Waiver of the right must follow prescribed procedures such as a written election by the defendant in criminal cases.

A constitutional protection that reserves factual determinations in serious criminal prosecutions to decision by a jury of laypersons rather than a judge alone. The right attaches in federal court under the Sixth Amendment and extends to the states through the Fourteenth Amendment.

A formal decision by the jury resolving the factual questions presented at trial after deliberation. The decision must be returned to the judge in open court. In criminal cases the decision requires unanimity among all jurors.

A member of a jury. The term is an archaic or gender-specific label now disfavored in favor of the gender-neutral juror.

A Latin term denoting law or the body of rules governing conduct.

The right of a surviving joint tenant to acquire the entire estate upon the death of another joint tenant by operation of law. Severance of the joint tenancy extinguishes this right and converts the interests into a tenancy in common.

A statutory or common-law entitlement authorizing a party to commence a lawsuit seeking redress for a specified injury. The measure of damages recoverable under the right depends on the wording of the statute creating it and the courts' interpretation of that wording.

A legal right to institute and maintain a judicial proceeding for enforcement of a claim or redress of a wrong. The existence and scope of the right depend on the statute or rule creating it.

A body of general law common to a country or jurisdiction as a whole. It stands in contrast to special or local law that applies only in particular places or to particular persons.

A Roman-law right consisting of the legal capacity to enter a valid marriage and the bundle of family-law incidents that flow from that capacity. The right includes the authority to contract marriage according to prescribed forms and to enjoy the resulting status-based privileges such as patria potestas over children.

A marital right entitling the surviving husband to a life estate in land held by his deceased wife. The interest is measured as if the wife had held fee simple absolute. The right remains subordinate to any remainder, executory interest, possibility of reverter, power of termination, or reversion that restricted the wife's estate and has not been extinguished.

A legal right to demand adequate assurance of future performance under a contract. The right persists even after acceptance of nonconforming performance.

A body of law governing relations among sovereign states and between states and individuals. It originated in Roman law as the common law applicable to all peoples and later formed the foundation of customary international law.

A legal entitlement vested in a particular person rather than in a group or the state as a whole. The right is enforceable by the individual holder and does not depend on collective or governmental assertion.

A body of law governing relations among sovereign states and other international actors. It encompasses rules derived from treaties, custom, and general principles that states accept as binding in their mutual dealings.

A legal contention advanced in a pleading or discovery paper that seeks to establish new law. The contention satisfies certification requirements when supported by a nonfrivolous argument for extending, modifying, or reversing existing doctrine.

A legal right to possess property that may exist independently of full ownership. The right arises from lawful acquisition or grant and permits the holder to exclude others from the property while it lasts.

A legal entitlement to hold or control property as against others. The right arises from ownership, lease, or other lawful claim and determines who may exclude third parties from the asset.

A possessory entitlement authorizing the use of reasonable force to safeguard property from unlawful taking or interference. The entitlement limits self-defense claims by actors who know the force is asserted under a claim of right to protect the property.

An appellate principle in family law that treats a decree of dissolution as final for remarriage purposes upon entry when the appeal does not contest the finding that the marriage is irretrievably broken. The principle separates the marital status determination from ancillary matters such as property division. It permits either party to remarry without awaiting resolution of the appeal.

The body of law governing rights and interests that belong to the public or the state. It stands in contrast to private law that regulates relations solely between individuals.

A right that has been fully acquired and vested in the holder by prior lawful conduct or reliance. The right is protected against subsequent governmental action that would impair it without due process or compensation.

A doctrine permitting a litigant to assert the constitutional rights of third parties when those parties face practical obstacles to vindicating their own rights. The doctrine applies when the litigant has a sufficient relationship to the third parties and can be expected to frame the issues with adversarial zeal.

A solemn declaration made under penalty of perjury or divine sanction that binds the declarant to truthfulness. The declaration must be administered in a form that impresses the duty of honesty on the declarant's conscience. It serves as a formal prerequisite for warrants, witness testimony, interrogatory answers, and certain official or judicial acts.

A standard requiring that terms of a transaction, an allocation of limited resources, a basis for imposing liability, or a regulatory imposition be equitable and appropriate under the circumstances.

Payment by the government for private property taken for public use under the power of eminent domain. The amount equals the property's fair market value as determined by what a willing buyer would pay a willing seller.

A constitutional command requiring the government to pay fair value when it appropriates private property for public use. The command applies to both physical appropriations and regulations that eliminate all economically beneficial use of land. Compensation is measured by the owner's loss rather than the government's gain.

A principle requiring courts and lawyers to decide matters fairly and impartially. It supplies the standard for granting procedural relief when fairness demands it and for evaluating conduct that affects the legal system's integrity.

A local judicial officer with authority to issue warrants, conduct preliminary examinations, and adjudicate minor criminal and civil matters.

The network of courts, law enforcement agencies, and related institutions responsible for investigating, adjudicating, and punishing violations of law. Open proceedings and balanced application of rules preserve public confidence in its operation.

Constitutional limits on federal judicial power that confine courts to resolving concrete disputes between adverse parties. These limits derive from the Article III case-or-controversy requirement. A claim fails these limits when it presents only a hypothetical controversy, a generalized grievance, or an issue textually committed to another branch without judicially manageable standards.

A constitutional limitation on federal judicial power requiring that disputes present an actual case or controversy capable of resolution through the judicial process. The doctrine encompasses requirements such as standing, ripeness, mootness, and the prohibition on political questions to confine courts to their proper role under Article III.

A series of judicially created limits on the matters that federal courts may adjudicate under Article III. These limits require a genuine case or controversy and bar advisory opinions or abstract disputes. The doctrines include standing, ripeness, mootness, and the political question doctrine.

A constitutional doctrine limiting federal judicial power under Article III to actual cases and controversies. Courts apply it to ensure disputes are concrete rather than hypothetical or committed exclusively to other branches.

A dispute that satisfies Article III requirements for judicial resolution because it presents a concrete case or controversy and does not trigger any of the six factors that render an issue a nonjusticiable political question.

A classification of homicide at common law encompassing killings that the law expressly commands or authorizes. Such killings fall outside the categories of excusable homicide and criminal homicide.

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

Action or inaction by a party in response to another's representation or conduct when the circumstances render that response reasonable. The reliance must induce a change in position that the law protects to avoid injustice.

A remedy by which a buyer who has accepted goods later withdraws that acceptance because of a nonconformity that substantially impairs the value of the goods to the buyer. The withdrawal is available when acceptance occurred on the reasonable assumption that the nonconformity would be cured or when acceptance was reasonably induced by the difficulty of discovery before acceptance or by the seller's assurances. Revocation must occur within a reasonable time after discovery of the ground for it, before any substantial change in the goods not caused by the nonconformity, and upon timely notice to the seller.

A classification of homicide or a defense covering conduct that the law expressly commands or authorizes. Such conduct eliminates criminal liability because the actor's actions align with legal permission rather than violating it.

A principle that excuses otherwise wrongful conduct when the actor reasonably believes the conduct is necessary to avoid a greater harm or to perform a legal duty.

An affirmative defense in criminal prosecutions that renders otherwise criminal conduct non-criminal when the actor reasonably believes the conduct necessary to avoid a greater harm or evil. The defense requires that the avoided harm outweigh the harm the criminal statute seeks to prevent and that no specific exception or legislative purpose excludes the claim. It functions as a complete justification rather than a mere excuse or mitigation.

A choice-of-law factor that favors selecting the law that fulfills the parties' reasonable anticipation of legal consequences arising from their transactions. Parties typically enter property and contract dealings after consulting counsel and therefore expect particular legal outcomes to attach. Courts therefore weigh this factor heavily when determining the state of most significant relationship under the principles of section 6.

A change of position by one party in response to another's conduct or representation that is reasonable under the circumstances. The reliance must be foreseeable to the party whose conduct induced it and must be substantial enough that enforcement or liability is necessary to avoid injustice.

A subjective expectation of privacy that society is prepared to recognize as reasonable. Government action that violates such an expectation constitutes a search under the Fourth Amendment.

A lawful marriage formed when parties possess capacity to consent, exchange consents to a permanent exclusive relationship, and satisfy any required formalities such as license and solemnization or the elements of common law marriage.

A person who has not attained the age of majority.

A judicial determination by a juvenile court that a minor has committed an act that would constitute a crime if performed by an adult. The finding carries consequences for the minor's liberty and record but receives distinct treatment under evidence rules and constitutional protections. Federal Rule of Evidence 609(d) limits its use for impeachment to criminal cases involving a witness other than the accused when the underlying offense would be admissible against an adult and admission is necessary to determine guilt or innocence.

Findings from juvenile delinquency proceedings that establish a minor committed conduct constituting a crime if done by an adult. Such findings receive limited treatment under the evidence rules and may be used for impeachment only in criminal cases against a witness other than the accused when an adult conviction would be admissible and the evidence is necessary to determine guilt or innocence. Constitutional confrontation rights can require admission to expose bias even when ordinary rules would exclude the material.

A civil proceeding in which a juvenile court adjudicates a child for conduct that would constitute a crime if committed by an adult. The proceeding focuses on treatment and rehabilitation rather than punishment.

A judicial proceeding in which a minor is adjudicated for conduct that would constitute a criminal offense if committed by an adult. The proceeding determines whether the juvenile committed the alleged acts and what disposition follows. Due process requires proof of every element beyond a reasonable doubt.

A minor who commits an act that would be a crime if committed by an adult.

A person under the age of eighteen who commits a criminal offense. Such offenders receive categorical Eighth Amendment protections that bar the death penalty in all cases and life imprisonment without parole for non-homicide crimes.

A judicial body or tribunal with authority to hear and decide legal disputes.