Legal Terms — K

A constitutional requirement that a waiver of rights be made with full understanding of the nature of the rights and the consequences of the waiver, and without coercion.

An abbreviation placed after a party's formal name to introduce an alternative designation by which that party is also identified in legal documents or proceedings.

The first day of the month in the ancient Roman calendar.

A Fourth Amendment doctrine that protects individuals rather than places by determining whether government action violates a person's reasonable expectation of privacy. The doctrine inquires first whether the individual exhibited an actual subjective expectation of privacy and second whether that expectation is one society is prepared to recognize as reasonable.

A two-part inquiry used to determine whether government action constitutes a search under the Fourth Amendment. The first prong asks whether the individual exhibited an actual subjective expectation of privacy. The second prong asks whether that expectation is one that society is prepared to recognize as reasonable.

An individual right secured by the Second Amendment that protects the possession and carrying of firearms for lawful purposes, particularly self-defense in the home. The right extends to public carry for self-defense when consistent with the nation's historical tradition of firearm regulation. Total bans on handguns in the home and requirements that firearms be rendered inoperable for immediate defensive use violate the right.

A person who has custody or control over a child. The role requires responsibility for day-to-day care of the child.

A payment made by a prospective tenant to a landlord or outgoing tenant to secure a lease or rental rights, often in addition to rent and security deposits.

A criminal offense consisting of the unlawful removal of another from a place of residence or business or a substantial distance from the vicinity where found, or the unlawful confinement of another for a substantial period in a place of isolation, when done for ransom, to facilitate a felony, to inflict injury or terror, or to interfere with a governmental function.

An act causing the death of a human being. At common law the act supports liability for murder when committed with malice aforethought and for involuntary manslaughter when caused by criminal negligence or an unlawful act.

An unlawful killing of a human being accompanied by malice aforethought. Malice aforethought exists when the defendant acts with an intent to kill, an intent to inflict grievous bodily harm, extreme recklessness demonstrating a depraved heart, or an intent to commit a felony.

Blood relatives of a decedent or transferor who succeed to property under intestacy statutes or governing instruments. Language in a donative instrument designating such persons as beneficiaries does not create or presumptively create a reversionary interest in the transferor.

Blood relatives of a decedent. The class of persons who succeed to an intestate estate under statutes that distribute property to the nearest kindred when no spouse or descendants survive.

The four graded mental states of purpose, knowledge, recklessness, and negligence that attach to each material element of an offense under the Model Penal Code. A statute silent on mens rea is satisfied by proof that the actor acted purposely, knowingly, or recklessly as to every material element. When the grade of an offense turns on the level of culpability shown for any material element, the offense is graded at the lowest level established for that element.

A common-law principle that the sovereign cannot be sued without consent in its own courts. The doctrine evolved into the rule that governments and their officers enjoy immunity from private damages actions unless the sovereign has waived protection or Congress has validly abrogated it under the Fourteenth Amendment.

A standard of knowledge that encompasses both actual awareness of a fact and what a reasonable person would have discovered through ordinary diligence under the circumstances.

A Fourth Amendment principle requiring law enforcement officers to knock and announce their presence and purpose before forcing entry to execute a search warrant unless exigent circumstances justify immediate entry. Violation of the requirement does not trigger the exclusionary rule because the interests protected remain too attenuated from the later evidentiary use of items seized under a valid warrant.

An announcement requirement that officers must satisfy before forcibly entering a dwelling to execute a search or arrest warrant. Officers must knock, identify themselves as police, state their purpose, and wait a reasonable time for a response unless reasonable suspicion supports a no-knock entry because knocking would be dangerous, futile, or would lead to destruction of evidence.

A Fourth Amendment rule requiring officers executing a search warrant to knock on the door, identify themselves, announce their purpose, and wait a reasonable time before entering a residence. The rule yields to reasonable suspicion that knocking would be dangerous, futile, or would lead to destruction of evidence. A violation does not trigger the exclusionary rule.

A Fourth Amendment requirement that officers executing a search or arrest warrant knock and announce their presence and purpose before forcibly entering a dwelling. Officers may dispense with the requirement only upon reasonable suspicion that knocking would be dangerous, futile, or would lead to the destruction of evidence. The rule protects interests in life, property, privacy, and dignity during the manner of entry.

A Fourth Amendment rule requiring officers executing a search warrant at a dwelling to knock, announce their presence and purpose, and wait a reasonable time before forcing entry. The rule protects occupants' privacy, dignity, property, and safety from sudden intrusions. Officers may dispense with compliance upon reasonable suspicion that announcement would be dangerous, futile, or lead to evidence destruction.

A Fourth Amendment principle requiring law enforcement officers to knock and announce their presence before forcibly entering a dwelling to execute a search warrant. The requirement protects interests in life, property, privacy, and dignity during entry. A violation does not trigger the exclusionary rule when officers otherwise hold a valid warrant.

A Fourth Amendment requirement that officers executing a search warrant knock and announce their presence before entering a dwelling absent exigent circumstances. The rule protects interests in life, property, privacy, and dignity during the moment of entry. Violation of the requirement does not trigger application of the exclusionary rule when officers otherwise hold a valid warrant.

A standard of awareness under which a party possesses information from which a person of reasonable intelligence would infer that a particular fact exists or would govern conduct on the assumption that the fact exists.

Confidential technical information or expertise encompassing unpatented processes, formulae, skills, and commercial data that derives independent economic value from not being generally known. A court may shield such information from disclosure during discovery when the holder shows particularized harm from revelation and offers reasonable alternatives that preserve the opposing party's ability to litigate.

A state of mind consisting of actual awareness of a fact or circumstance.

An understanding of the nature of constitutional rights and the consequences of relinquishing them. This standard ensures that a defendant's decision to waive counsel, enter a guilty plea, or forgo other protections rests on a rational and factual comprehension of the proceedings.

An agreement by a person to a proposed course of conduct after the actor has communicated adequate information and explanation about the material risks of and reasonably available alternatives to the proposed course of conduct.

Conduct by which a person intentionally exercises dominion or control over property of another in a manner inconsistent with the owner's rights. The actor must know of the owner's interest and act without authority or in excess of authority.

A form of ethical misconduct by which a lawyer takes client funds entrusted to the lawyer, knowing they belong to the client and without authorization. The violation occurs regardless of any intent merely to borrow the funds, the absence of client loss, or the lawyer's prior record.

A fault standard in defamation actions requiring proof that the defendant published a false statement with knowledge of its falsity or with reckless disregard for its truth or falsity.

A category of conduct that breaches the duty of care owed by partners and members of business entities. It consists of actions taken with actual knowledge that they violate applicable law. Partnership and LLC statutes treat such conduct as nonexculpable and nonwaivable by agreement.

A standard for valid waiver of constitutional rights requiring that the defendant understand the nature of the rights and the consequences of relinquishing them. The court must ensure the record shows the defendant knows what he is doing and makes the choice with eyes open.

A relinquishment of constitutional rights that occurs only when the defendant fully understands the nature of the right being abandoned and the consequences of forgoing it. Courts assess the validity of such a waiver under the totality of the circumstances including the defendant's background, experience, and the clarity of any advisement provided.

Conduct or information that an individual reveals to public observation or hearing. Such exposure eliminates Fourth Amendment protection under the reasonable-expectation-of-privacy test because the person has surrendered any claim to keep the matter private.

A culpable mental state consisting of either actual awareness that a fact or circumstance exists or conscious disregard of a substantial and unjustifiable risk that the fact or circumstance exists.

A standard for assessing the validity of a waiver of constitutional rights requiring that the defendant understand the nature of the right and the consequences of relinquishing it. The decision must reflect an intentional choice free from official coercion. Courts evaluate the totality of the circumstances to determine whether these elements are satisfied.

Awareness of a fact or circumstance that carries legal consequences in a given context. The standard often requires actual awareness rather than mere suspicion or negligence unless the governing rule specifies constructive knowledge.

Awareness by a publisher that a statement is untrue at the time of publication. This scienter element forms one component of the actual malice standard that public officials and public figures must prove in defamation actions and that applies to false-light claims.

A culpable mental state consisting of either actual awareness that a statement is false or conscious indifference to its truth or falsity. This standard governs liability for defamation and certain privacy claims when the plaintiff is a public official or public figure or when the speech addresses a matter of public concern.

A state of awareness or possession of facts by a person or entity. This awareness triggers specific legal duties, rights, or disqualifications when the facts relate to a transaction, proceeding, or representation.

A contractual drafting device that limits the scope of a representation or warranty to matters within a party's actual or constructive knowledge. The qualifier reintroduces an element of awareness into statements that would otherwise impose strict liability for inaccuracy and thereby shifts the risk of undiscovered facts back to the recipient.

A witness's or affiant's direct perception of facts through one or more of the senses. The requirement ensures that testimony or sworn statements rest on the declarant's own observation rather than secondhand reports or speculation.

A doctrine limiting the liability of a land possessor to invitees for physical harm caused by a condition on the land whose danger is known or obvious to them. The possessor remains subject to liability if it should anticipate the harm despite the invitee's knowledge or the obviousness of the danger. The invitee's entitlement to use public land or public utility facilities is a factor indicating that harm should be anticipated.

A statutory bar to patentability that arises when the claimed invention was known or used by others in this country before the applicant's invention date. The knowledge or use must come from someone other than the inventor. This prior knowledge defeats novelty under the first-to-invent regime of section 102(a).

A standard of knowledge encompassing both actual awareness of a fact and information from which a reasonable person would infer the fact's existence or govern conduct on that assumption.

A proximity requirement in criminal attempt doctrine under which conduct must approach completion of the target offense. Preparation alone falls short of the standard.