Legal Terms — N

A judgment entered by the court in favor of one party after a jury verdict for the opposing party. The court grants the judgment when the evidence is legally insufficient to support the verdict.

A statutory rule prescribing the methods for effecting service of process in civil actions commenced in New York courts. The rule lists personal delivery as the primary method and authorizes delivery to a person of suitable age at the defendant's dwelling or usual place of abode, delivery to an agent, and court-ordered alternative service when standard methods prove impracticable.

A constitutional standard in defamation law requiring a public official or public figure to prove by clear and convincing evidence that the defendant published a false statement with knowledge of its falsity or with reckless disregard for whether it was true.

An adjective characterizing a legal act, instrument, assertion, or observation that lacks confirmation, validation, factual enhancement, or supporting detail.

A word or phrase identifying or designating a person or thing and distinguishing that person or thing from others.

An invasion of privacy tort committed when one appropriates the name or likeness of another for his own use or benefit. Liability arises without regard to whether the appropriation causes reputational harm or invades seclusion.

A historical designation of specific lands made at the time of marriage to serve as the surviving spouse's life estate in the event of widowhood. The designation occurred during the marriage ceremony when the bride's family and the groom selected particular property for that purpose. This form of dower later gave way to an unnamed fractional share of all lands the husband held during the marriage.

An adverb used to introduce a specific identification or enumeration by name. It signals that the following items constitute the precise content of the preceding general reference.

A pledge or security interest under French law. It secures an obligation by granting the creditor rights in the debtor's property until performance occurs.

A drug that is controlled or prohibited by law, especially an addictive opiate that dulls the senses and induces sleep. The term encompasses substances whose possession, distribution, or use triggers criminal liability or regulatory controls.

A formal declaration or complaint filed in a legal pleading.

A declaration, complaint, or petition in which the plaintiff sets out the facts of a case.

A historical legal professional who prepares pleadings in court proceedings. The role involved drafting formal statements of claim known as narrs and was associated with serjeants-at-law.

A constitutional principle under the Eighth Amendment that prohibits noncapital sentences grossly disproportionate to the offense.

A First Amendment requirement that government regulations burdening protected speech or assembly be drawn with precision to advance their asserted objectives without sweeping in substantially more expression than necessary.

A constitutional principle requiring that a law or government action advancing a compelling or substantial interest be precisely drawn so that it does not burden substantially more protected activity than necessary.

A limitation on protected rights that is precisely calibrated to advance only the government's compelling interest. The measure must avoid unnecessary breadth that would burden more conduct than required to achieve the asserted goal.

A requirement that a government regulation or classification be precisely drawn to advance the asserted governmental interest without unnecessarily burdening protected rights or interests. The means chosen must not sweep more broadly than needed to achieve the objective.

A requirement in strict scrutiny analysis that a challenged law or classification be the least restrictive means of furthering a compelling governmental objective. The government must demonstrate both that its interest is compelling and that no narrower alternative would achieve the same end. Failure to satisfy this standard renders the law or policy unconstitutional.

A sovereign political community possessing independent government and territory.

Measures taken by a nation to protect itself against its enemies, encompassing the protection of its collective ideals and values as well as its military establishment.

A state of national crisis or a situation requiring immediate and extraordinary national action.

A condition that permits waiver of the obligation to seek authorization from a patent right holder on reasonable commercial terms before a member state authorizes compulsory licensing or government use of the patent. The condition excuses the usual negotiation period when swift action is required to address pressing public needs.

The government of an entire country, as distinguished from that of a province, state, subdivision, or territory of the country.

An immunity doctrine that shielded states from federal Commerce Clause regulation of traditional governmental functions. The doctrine required courts to distinguish protected state activities from those subject to federal power. It was later rejected because the distinction proved unworkable and states receive protection through the political process.

An approach to federalism that imposed judicially enforceable limits on Congress's Commerce Clause power when it regulated traditional state governmental functions. The model was rejected as unworkable because states are protected through the political process rather than by court-defined boundaries.

An attribute consisting of the country in which a person was born or from which the person's ancestors came.

The body of rules derived from custom, treaties, and general principles that governs relations among sovereign states and other international actors. It supplies standards for conduct on matters such as war, diplomacy, commerce, and individual rights that cross national boundaries. Offenses against these rules may be punished under domestic authority when Congress exercises its enumerated power.

A doctrine in trademark law under which federal registration of a mark provides constructive notice of the registrant's claim throughout the United States. Every person is conclusively presumed to have notice of the registered mark after the registration date.

An individual born in a specified country or place.

A person who acquires United States citizenship by birth within the territorial limits of the country rather than through the naturalization process.

An attribute of a contractual arrangement consisting of its essential character, subject matter, and surrounding circumstances. Courts examine this attribute to decide whether a party possesses capacity to incur even voidable contractual duties or whether special rules govern the arrangement.

A consequence that follows in the ordinary course from particular conduct.

An individual who acquires United States citizenship at birth rather than through later naturalization proceedings. Such status arises either from birth within the United States and subject to its jurisdiction or from birth abroad to at least one citizen parent under the naturalization statutes in force at the time of birth. The category determines eligibility for the office of President under the Constitution.

A predictable outcome that follows from a particular act or event in the ordinary course of events. The concept supplies the required causal link when an unlawful act or abnormally dangerous condition produces harm that a reasonable observer would anticipate from the conduct.

The man whose sperm impregnated the child's biological mother. Constitutional protection for an unmarried natural father turns on his actual manifestations of parental responsibility rather than biology alone.

A person's physical life span. The phrase measures the duration of an interest or sentence by reference to the actual period the individual remains alive.

The ordinary meaning of language in a donative document or contract as it would be understood by a reasonable reader in light of the text and surrounding circumstances.

A person whom a testator or donor would naturally regard as a beneficiary of a donative transfer on account of a close familial or personal relationship.

The persons whom a testator would naturally be expected to remember and provide for when disposing of property by will. The phrase identifies close family members such as spouses, children, and parents whose relationship to the testator makes them the ordinary objects of testamentary bounty.

A human being who possesses legal rights and duties as an individual. This category excludes artificial entities such as corporations that receive separate legal personality by statute or charter.

A material from nature having potential economic value or providing for the sustenance of life, such as timber, minerals, oil, water, and wildlife. Environmental features that serve a community's well-being or recreational interests also qualify when the law treats their protection as equivalent to safeguarding extractive assets.

The gradual physical deterioration of property that occurs through ordinary use and the passage of time. A broad tenant covenant to maintain and repair the interior without an express exception for this deterioration obligates the tenant to perform the necessary repairs. In the mortgage context the mortgagor must correct such deterioration to avoid committing waste.

A wrong that is inherently immoral or evil by its nature, independent of any positive law. Such wrongs supply the predicate for misdemeanor manslaughter without any separate showing that death was foreseeable.

A person who acquires United States citizenship at birth either by being born on U.S. soil or by being born abroad to at least one U.S. citizen parent. The Constitution limits eligibility for the presidency to natural-born citizens or citizens at the time of the Constitution's adoption.

The statutory process by which a foreign-born person acquires United States citizenship.

A constitutional clause authorizing Congress to establish a uniform rule of naturalization. The clause empowers the federal government to set consistent standards for conferring citizenship on aliens.

A foreign-born person who attains citizenship by law. The status carries the same constitutional protections against involuntary divestment as citizenship acquired by birth.

The essential character or qualities of a person, thing, action, or circumstance. In legal rules the term identifies the core attributes that determine whether an element is satisfied or a doctrine applies.

A factor considered when determining whether a person possesses legal capacity to incur at least voidable contractual duties. Capacity may be partial and its existence for a given agreement may turn on the character and circumstances of that agreement.

An adjective from Latin denoting that a person or animal has been born alive.

An adjective describing matters of or relating to ships or shipping, carriage by sea, or navigation.

An adjective characterizing forces, vessels, operations, or personnel belonging to or associated with a navy.

A quality of waters or channels that permits passage by vessels or vehicles for travel or commerce. The quality determines whether public navigation rights attach under doctrines such as the public-trust doctrine or admiralty jurisdiction.

A public right that permits the federal government to regulate navigable waters for navigation and related purposes. The right arises under the commerce power and prevents private interests from claiming exclusive control over submerged lands or waters subject to the public interest in navigation.

A public right held by the state in trust allowing the public to use navigable waters for navigation, fishing, and recreation. The right persists in submerged lands even after private ownership and is categorically excluded from the definition of servitudes under property law.

A military sea force of a country that includes its ships and personnel. The U.S. Constitution empowers Congress to provide and maintain a navy and to make rules for its government and regulation.

A negative vote cast during a proceeding or assembly.

A principle of law that bars successive prosecutions or punishments for the same offense after jeopardy has attached in a court of competent jurisdiction. The bar prevents the government from retrying a defendant for conduct already adjudicated on the merits or for lesser included offenses arising from the same facts.

A Law French term meaning never, used in common-law pleadings to deny that a fact or status ever existed.

Goods or services essential for basic sustenance such as food, shelter, clothing, and medical care. One spouse may be held liable for necessaries purchased by the other even without express consent. The doctrine enforces support obligations between spouses and from parents to children.

A common-law obligation that holds one spouse liable for essential goods and services purchased by the other spouse. The duty arises from the marital relationship and public policy rather than agency principles. Courts determine liability by examining the need of the purchasing spouse and the ability of the other spouse to pay.

A common-law doctrine imposing liability on a spouse or parent for basic support items such as food, clothing, shelter, and medical care purchased by the other spouse or by a child when the obligated party fails to supply them directly. Liability attaches when the dependent purchases such items and the obligated party fails to provide them.

A common-law rule that imposes liability on one spouse for essential goods and services purchased by the other spouse. The rule applies when the purchasing spouse lacks sufficient funds and the items qualify as necessaries such as food, clothing, or medical care. Liability turns on the circumstances of the parties, including the need of one spouse and the ability of the other to pay.

A judicial resolution of a contested issue that was essential to the outcome of a prior proceeding. The finding must have been actually litigated and formed a necessary basis for the judgment entered by a court of competent jurisdiction.

A legal relationship in which one thing forms an inherent or necessary accompaniment of another legal act or interest. The connection arises by operation of law rather than by separate agreement or independent justification.

An offense whose elements form a subset of those required to prove a greater offense arising from the same conduct. Conviction of the lesser offense operates as an acquittal of the greater offense under double jeopardy principles even if the lesser conviction is later vacated.

A condition or action that must be satisfied for a legal process, obligation, or outcome to take effect or remain valid. The requirement ensures that formal steps are completed or that supporting facts are supplied before rights attach or liabilities are discharged.

Parties required to be joined in litigation because their interests would be impaired by a judgment rendered in their absence or because complete relief cannot be afforded among the existing parties without them. State statutes and procedural rules identify the specific interests that trigger joinder. Failure to join such parties may leave their rights intact or prevent dismissal on the merits.

A constitutional grant of authority that permits Congress to enact laws appropriate for carrying into execution its enumerated powers. The clause supplies auxiliary power to select convenient means rather than an independent source of substantive legislative authority.

An auxiliary grant of authority that empowers Congress to select appropriate means for carrying its enumerated powers into execution. The clause supplies no independent substantive legislative power and instead functions only to implement specifically granted authorities such as taxing, borrowing, and regulating commerce.

A constitutional provision authorizing Congress to enact laws that are convenient or useful for carrying into execution its enumerated powers. The clause supplies auxiliary authority to select appropriate means for implementing specifically granted powers rather than creating an independent source of substantive legislative authority.

A discretionary standard that authorizes a court to take a specified procedural action when fairness and reliability of the proceeding so require. The standard focuses on whether the requested relief prevents injustice without regard to whether every formal element of a stricter test has been met.

A party whose presence in litigation is required so that the court can accord complete relief among existing parties or so that the absent person's claimed interest relating to the subject of the action will not be impaired or leave other parties subject to inconsistent obligations.

A procedural doctrine requiring joinder of every person whose legal interests may be impaired or defeated by the outcome of litigation. The rule ensures that a judgment binds all affected parties and that complete relief can be granted among those already before the court. Failure to join such parties can render the proceeding ineffective as to omitted interests or subject the judgment to later attack.

A party whose presence in litigation is required because complete relief cannot be accorded among those already parties without that person or because the person's absence would as a practical matter impair the person's ability to protect an interest relating to the subject of the action. The label also applies when existing parties face a substantial risk of inconsistent obligations if the absent person is not joined. Failure to join such a party may prevent a judgment from binding all affected interests or may require dismissal when joinder is not feasible.

Repairs required to maintain leased premises in a habitable or good condition. A tenant subject to a broad maintenance covenant must perform them even when the need arises from ordinary use unless the lease expressly excludes ordinary wear and tear.

Essential goods or services such as food, clothing, shelter, and medical care for which one spouse or obligated party may be held liable to third-party providers. Liability arises when the recipient has need and the obligated party has ability to pay, independent of any agency relationship or express consent.

A constitutional principle authorizing Congress to select appropriate means for carrying its enumerated powers into execution. The principle functions as an auxiliary grant that implements specifically listed powers rather than supplying independent substantive authority.

Essential goods and services required for basic living needs such as food, clothing, shelter, and medical care. One spouse may be held liable to third-party providers for necessaries purchased by the other when the purchasing spouse lacks independent means and the supporting spouse has the ability to pay. Courts determine the scope of liability by balancing the supported spouse's need against the other spouse's financial capacity.

A justification defense that excuses otherwise criminal conduct when the actor believes the conduct is necessary to avoid a greater harm or evil. The defense is unavailable if the actor was reckless or negligent in creating the situation or in assessing the need for the conduct. The harm avoided must exceed the harm caused by the offense.

A justification defense in criminal law that excuses otherwise criminal conduct when the defendant reasonably believes the conduct is necessary to avoid an imminent harm or evil greater than the harm caused by the offense. The defense is unavailable if the defendant was reckless or negligent in creating the situation or in assessing the need for the conduct.

A condition that a mortgage or other security device must secure a valid underlying obligation, typically a debt or promise to pay that may be existing or future. The necessity and nature of that obligation determine whether the security interest is valid and enforceable. If the obligation is void or discharged, the security device may be extinguished.

A Fourth Amendment principle that weighs the government's interest in effective crime prevention and detection against the degree of intrusion on an individual's privacy and liberty to determine the reasonableness of a stop or frisk.

Evidence that repeats information already presented without adding meaningful probative value. A court may exclude such evidence when its incremental contribution is slight compared with the time and attention it would consume at trial.

Conduct or evidence that denies a factual assertion or renders a legal position or obligation without effect.

An interest in land that entitles its holder to prevent the owner of the burdened land from engaging in specified uses or activities. The interest arises by conveyance and runs with the land when created to benefit a dominant estate.

A constitutional principle inferred from the Commerce Clause that invalidates state and local laws discriminating against or unduly burdening interstate commerce even when Congress has taken no action under its affirmative commerce power.

A contractual obligation that requires one party to refrain from performing a specified act. The nature of the burden imposed determines whether a covenant qualifies as negative rather than affirmative.

A covenant that requires the covenantor to refrain from performing a specified act. The nature of the required performance determines whether a covenant qualifies as negative rather than affirmative. When the burden limits permissible uses of land, the covenant is also termed a restrictive covenant.

A nonpossessory interest in land that entitles its holder to prevent the owner of the servient parcel from performing acts on that land which the owner would otherwise be privileged to perform. Modern doctrine classifies such interests as restrictive covenants.

A nonpossessory interest in land that entitles its holder to prevent the possessor of the servient land from engaging in specified acts that would otherwise be privileged.

An adverse conclusion drawn by a factfinder from a party's failure to testify or produce evidence.

A servitude that benefits one parcel by preventing the owner of the burdened parcel from performing acts that would otherwise be lawful. The restriction limits permissible uses of the servient land and runs with the land when properly created and recorded.

A nonpossessory property interest that entitles its holder to prevent the owner of the burdened land from engaging in specified uses or activities that would otherwise be lawful. The interest protects a particular use or enjoyment of the dominant land by restricting conduct on the servient parcel. Modern doctrine treats the interest as equivalent to a restrictive covenant.

A contractual promise requiring the promisor to refrain from specified conduct. The promise creates a duty of forbearance rather than an obligation to perform an affirmative act. When the duty runs with land it may qualify as a restrictive covenant or negative easement.

Conduct that falls below the standard established by law for the protection of others against unreasonable risk of harm. Criminal negligence requires a substantially greater deviation from reasonable conduct than civil negligence and can support liability for involuntary manslaughter when it causes death.

An objective standard of conduct requiring a person to conform to the care that a reasonable person would exercise under like circumstances. Criminal negligence requires a gross deviation from that standard creating a high risk of death or serious bodily harm.

Conduct falling below the standard established by law for the protection of others against unreasonable risk of harm. Criminal negligence requires a gross deviation from the care a reasonable person would exercise that creates a high risk of death or serious bodily injury.

An objective benchmark of conduct measured by the care a reasonable person would exercise under the circumstances.

Conduct that falls below the standard established by law for the protection of others against unreasonable risk of harm.

A criminal homicide that occurs when a person causes the death of another human being by failing to perceive a substantial and unjustifiable risk of death and that failure constitutes a gross deviation from the standard of care a reasonable person would observe under the circumstances.

An unintentional killing resulting from the defendant's criminal negligence. Criminal negligence consists of a gross deviation from the standard of care a reasonable person would observe in the circumstances, creating a high risk of death or serious bodily harm.

A tort claim that permits recovery of pecuniary loss suffered in reliance on false information negligently supplied by a person in the course of business or a transaction in which he has a pecuniary interest. The claim requires proof that the defendant failed to exercise reasonable care in ascertaining or communicating the facts. Recovery is limited to out-of-pocket loss and consequential pecuniary harm caused by justifiable reliance.

A tort claim permitting recovery of pecuniary losses caused by reliance on a false statement of fact made without reasonable care. The measure of damages is limited to out-of-pocket loss consisting of the difference between the value received and the price paid plus any consequential pecuniary harm but excludes expectation damages or the benefit of any bargain.

A tort claim alleging that a defendant failed to exercise reasonable care in supervising a person or activity under the defendant's control. Liability requires proof that the defendant knew or should have known of the need and opportunity to exercise control, that the defendant breached the duty of reasonable supervision, and that the breach proximately caused the plaintiff's harm.

A commercial transaction or business dealing involving the exchange of goods or services between parties.

A characteristic of a written instrument that permits its transfer by delivery or indorsement to a transferee who takes for value in good faith without notice of defenses. The quality enables the holder to enforce the instrument free of many claims that could have been asserted against prior parties.

An unconditional promise or order to pay a fixed amount of money that is payable to bearer or to order at the time it is issued or first comes into possession of a holder, payable on demand or at a definite time, and does not state any other undertaking by the person promising or ordering payment.

A document of title such as a warehouse receipt or bill of lading that qualifies as negotiable under commercial law and functions as collateral subject to special rules for attachment and perfection of security interests.

A document of title that actually stands for the goods it covers, so that any transfer of the goods requires a surrender of the document.

A category of collateral under Article 9 of the Uniform Commercial Code consisting of negotiable documents of title such as bills of lading and warehouse receipts. A security interest in negotiable documents may be perfected by filing a financing statement. Perfection in the documents also perfects an interest in the underlying goods while they remain in the bailee's possession.

An unconditional promise or order to pay a fixed amount of money that meets specific formal requirements. The writing must be payable to bearer or to order at issuance or first possession by a holder. It must also be payable on demand or at a definite time and must not state any other undertaking beyond payment of money except for limited collateral or judgment powers.

A written promise or order to pay a fixed sum of money that meets statutory criteria for unconditional transfer by delivery or endorsement. The document must be payable to bearer or order on demand or at a definite time without additional undertakings that destroy negotiability. Such instruments receive special rules for enforcement and good-faith acquisition free of many defenses.

A written instrument that is signed by the maker or drawer, includes an unconditional promise or order to pay a specified sum of money, is payable on demand or at a definite time, and is payable to order or to bearer. The term encompasses promissory notes and similar commercial documents that circulate freely in commerce.

A negotiable instrument payable on demand and issued against funds deposited with a financial institution.

A negotiable instrument drawn on a credit union or thrift institution that serves as a check for withdrawing funds from an account.

A written instrument signed by the maker or drawer that contains an unconditional promise or order to pay a fixed sum of money, payable on demand or at a definite time, and payable to bearer or to order.

An unconditional promise to pay a fixed amount of money, with or without interest, that is payable to bearer or to order at issuance or first possession, on demand or at a definite time, and contains no other undertaking except as permitted by statute.

An act of conferring with another party to reach agreement on terms.

An affair or transaction under Roman law that encompasses a business matter, agreement, trade, or legal proceeding.

A characterization applied to government action that burdens religious exercise by design rather than incidentally. The characterization arises when a law or policy singles out religious conduct for disfavored treatment or permits secular exceptions while burdening religious exercise. Such action triggers strict scrutiny under the Free Exercise Clause.

A phrase used in statutes, restatements, and judicial opinions to indicate that no party to an agreement or proceeding possesses particular knowledge or takes a specified action.

An expression indicating that a resolution or vote has passed without any opposition or dissent from the members of a deliberative body.

A Latin term meaning no one or no man. It commonly introduces maxims that impose universal limits on legal obligations or authority.

A common-law principle that estops a grantor who has conveyed land by warranty deed from later denying the grantee's title once the grantor acquires the interest purportedly conveyed. The after-acquired title passes automatically to the grantee.

A principle that no person should face repeated legal proceedings for one and the same cause once a court has determined the matter. The rule prevents successive prosecutions or suits that would subject a party to multiple vexations over identical conduct or harm. It operates by barring relitigation when the prior proceeding resolved the essential elements of the claim or offense.

A constitutional protection that shields individuals from being compelled to provide testimonial evidence that could be used against them in a criminal prosecution. The protection applies whenever a real and appreciable risk of criminal liability exists. It covers statements or acts that communicate the contents of the mind and extends to state as well as federal proceedings.

A foundational principle providing that no individual is compelled to furnish evidence that could be used against him in a criminal prosecution.

A Latin maxim stating the principle that no individual is obligated to furnish evidence that would incriminate himself in a criminal proceeding. The maxim protects against compelled testimonial disclosures that could tie a person to criminal conduct or furnish leads to such evidence.

The constitutional privilege that protects a person from being compelled to provide testimony that could be used against them in a criminal case. The protection extends to answers that would furnish a lead to incriminating evidence and applies only when the risk is of criminal liability rather than civil exposure.

A foundational principle providing that no individual may be compelled to furnish testimonial evidence that could be used against him in a criminal prosecution.

The son of a person's brother or sister. In donative transfers the term designates only that generation of relatives and excludes children or more remote descendants of any such nephew.

The practice of bestowing official favors on one's relatives, especially in hiring or appointments to public office. Statutes and charters commonly prohibit such appointments within specified degrees of relationship and render them void.

The place where a corporation's high-level officers direct, control, and coordinate its activities. This location serves as the corporation's principal place of business for purposes of determining citizenship under diversity jurisdiction statutes.

The amount remaining after all deductions, expenses, liabilities, or costs have been subtracted from a gross total.

The excess of a corporation's total assets over its total liabilities. This figure determines available surplus for distributions and the residual value that shareholders receive upon dissolution after debts are paid.

The net income a person is capable of generating after taxes and expenses. Courts award compensation for its loss or impairment only upon proof of actual pecuniary harm.

A doctrine that bars a products-liability plaintiff from recovering purely economic losses in tort without accompanying personal injury or property damage.

The portion of a decedent's probate estate remaining after deduction of claims against the estate, taxes for which the estate is liable, family allowances, exempt property, and homestead allowances. This amount is the property that passes to heirs by intestate succession or to devisees by testate succession, subject to other overriding claims such as a surviving spouse's elective share.

The amount received from a sale or other transaction after subtracting the costs of completing the transaction such as expenses and commissions.

Rental income derived from property after subtraction of expenses including taxes, maintenance, and repairs.

A procedural due process requirement that the adjudicator in certain administrative hearings be free from bias or prejudgment. The decisionmaker must decide the matter solely on the evidence presented at the hearing without having participated in the investigation or accusation.

A judicial officer who is independent from law enforcement and the prosecution. The officer must determine probable cause before issuing a warrant. This requirement ensures an impartial review separate from the executive branch.

A standard for evaluating laws under the Free Exercise Clause under which a regulation is neutral when it regulates conduct without reference to religion and generally applicable when it applies uniformly to all comparable activities. Laws meeting this standard are subject only to rational basis review even if they incidentally burden religious exercise.

An impartial adjudicator who resolves factual disputes based solely on the evidence presented at a hearing without bias or predisposition toward either side.

A justification offered by a party during the second step of the Batson inquiry after a prima facie showing of discriminatory peremptory strikes. The explanation must be facially unrelated to race or gender and connected to the facts of the particular case rather than a bare denial of discriminatory intent.

A statutory or regulatory provision whose language does not expressly classify individuals on the basis of a protected characteristic. The provision may still violate constitutional guarantees when applied with discriminatory purpose or when its operation unduly burdens a fundamental right.

A law or regulation that singles out religious conduct for disfavored treatment or fails to apply uniformly to analogous secular conduct. Such a law triggers strict scrutiny under the Free Exercise Clause because it is not neutral toward religion or not generally applicable to all similar activities.

A judicial officer who is independent from law enforcement and capable of making an impartial determination of probable cause before issuing a warrant.

A statutory or regulatory rule that regulates conduct without reference to religion or a protected class and applies uniformly to all persons or entities subject to its terms. Such a law triggers only rational basis review under the Free Exercise Clause or Equal Protection Clause even when it produces incidental burdens on religious practice or disparate impacts on a protected group. Disparate impact alone does not establish a constitutional violation absent proof of discriminatory purpose.

A category of statutes or regulations that neither single out religious conduct for adverse treatment nor create systems of individualized exemptions favoring secular interests over religious ones. Such laws may be enforced against religiously motivated conduct without triggering strict scrutiny under the Free Exercise Clause even when compliance incidentally burdens sincere religious practice.

An impartial role assumed by a lawyer who assists parties in resolving a dispute without representing either side. The lawyer must disclose the neutral capacity to unrepresented parties and explain that no attorney-client relationship exists.

A constitutional principle requiring the government to remain neutral toward religion by treating religious and nonreligious entities equally when distributing generally available benefits or subsidies. The principle prohibits exclusion of religious participants solely on the basis of their religious character and confirms that equal inclusion does not violate the Establishment Clause when benefits reach recipients through private choice.

A person that becomes bound as debtor under Section 9-203(d) by a security agreement previously entered into by another person. The new debtor assumes the original debtor's obligations under the security agreement and succeeds to substantially all of the original debtor's assets. This binding occurs by operation of law or by contract such as a merger or asset acquisition.

A body of judge-made federal law that governs discrete issues implicating uniquely federal interests. It operates only where no federal statute directly controls and where the need for national uniformity or protection of federal functions outweighs the ordinary preference for state substantive rules. The doctrine supplies uniform standards in matters such as the negotiability of United States commercial paper and certain evidentiary privileges in federal-question cases.

A modified comparative fault rule under which a plaintiff recovers damages reduced by the percentage of the plaintiff's own fault provided the plaintiff's fault does not exceed the defendant's fault. Recovery is barred entirely once the plaintiff's fault surpasses the defendant's fault. A plaintiff fifty percent at fault therefore recovers half the damages under this rule.

A postjudgment retrial or reexamination of some or all of the issues determined in an earlier judgment. The court may order one on a party's motion or on its own initiative when justice requires or when specified procedural grounds such as newly discovered evidence or inconsistent verdicts are met.

A post-trial motion by which a party asks the court to vacate a judgment or verdict and order a new trial. The motion is granted when the interest of justice so requires or when specified grounds such as inconsistent jury findings, newly discovered evidence, or errors in the proceedings are shown. In civil cases the motion must be filed no later than twenty-eight days after entry of judgment. In criminal cases the deadline is fourteen days after the verdict or finding of guilty unless the motion rests on newly discovered evidence, in which case the deadline is three years.

Consideration consisting of money, money's worth in property, services, or new credit, or the release by a transferee of an interest in property previously transferred to the transferee. It excludes an obligation substituted for another obligation.

A constitutional fault standard requiring a public official or public figure to prove that a defamatory statement about official conduct or a matter of public concern was made with knowledge that it was false or with reckless disregard of whether it was false or not.

A constitutional fault standard requiring a public official or public figure plaintiff to prove that a defamatory statement was made with knowledge of its falsity or with reckless disregard for its truth.

A constitutional requirement in defamation actions that a public official or public figure plaintiff prove that the defendant published a false statement with knowledge of its falsity or with reckless disregard for its truth. The standard protects robust public debate by shielding publishers from liability for good-faith errors. It extends to certain privacy and emotional-distress claims arising from speech about public figures and does not apply to private plaintiffs or speech on matters of purely private concern.

A constitutional principle requiring public officials and public figures to prove that a defamatory statement was made with actual malice—knowledge of falsity or reckless disregard for the truth—to recover damages.

A constitutional standard in defamation law that requires a public official or public figure plaintiff to prove that the defendant published a false statement with actual malice. Actual malice exists when the defendant knew the statement was false or acted with reckless disregard for its truth. The standard protects robust public debate by shielding the press from liability for honest mistakes while still allowing recovery when the publisher proceeds despite a high degree of awareness of probable falsity.

The constitutional fault standard requiring a public official or public figure to prove that a defamatory statement was made with knowledge of its falsity or with reckless disregard of its truth or falsity.

A constitutional fault standard that requires a public official or public figure suing for defamation to prove by clear and convincing evidence that the defendant published the statement with knowledge of its falsity or with reckless disregard for its truth.

Evidence that with reasonable diligence could not have been discovered in time to move for a new trial under the governing procedural rules.

Information or events that concern a matter of legitimate public interest or concern.

A connection between a permit condition demanding dedication of land or payment and a legitimate governmental interest that would justify outright denial of the permit.

The persons entitled to succeed to a decedent's personal property under the applicable statute of intestate succession. Modern statutes treat the term as designating a class of takers in a governing instrument without presumptively creating a reversion in the transferor.

A connection between a defendant and the forum state that satisfies due process. The connection arises when the defendant purposefully directs activities toward the state and invokes its benefits and protections. Mere unilateral activity by a third party or the presence of unrelated property does not create the required link.

An essential connection required between a government condition on a development permit and the impacts of the proposed development. The connection must be present for the condition to avoid classification as a taking under the Fifth Amendment. Absence of the connection subjects the exaction to scrutiny under the Nollan and Dolan standards.

An archaic Law French term denoting negation or the absence of a thing, obligation, or statement.

A historical general plea of not guilty in a tort or criminal action.

A historical plea in which a defendant denies nothing and thereby subjects himself to a default judgment.

The period during which a person cannot discern another’s facial features by natural light.

The state of nonexistence or the complete absence of any thing or quantity.

An ancient maxim holding that genuine consent cannot coexist with physical compulsion or threats of harm. Conduct that appears to manifest assent is ineffective when produced by duress. The principle renders agreements, transfers, and other legal acts voidable or invalid when force or improper threats overcome free will.

A Latin term denoting nothing or the complete absence of value or existence.

A contractual or statutory qualifier providing that a stated rule governs only in the absence of contrary agreement by the parties.

A delivery term in a sales contract for identified goods that conditions both the seller's duty to deliver and the buyer's duty to pay on the goods' safe arrival at the named destination. The term places transit risk on the seller and excuses performance by both parties if the goods suffer total casualty without fault before risk of loss passes.

A grand jury's notation that insufficient evidence exists for an indictment on a criminal charge. The notation ends the prosecution's effort to obtain an indictment on the proposed charge.

A constitutional standard requiring that a government regulation or classification restrict protected rights or interests only to the extent essential to achieve its legitimate objectives. The standard demands that the chosen means not impose burdens substantially greater than those needed to advance the asserted interest.

A determination that a plaintiff's allegations fail to identify a legally recognized right to relief. The court treats the pleaded facts as true yet concludes that no doctrine supplies a remedy for the asserted injury. Dismissal follows because the complaint states no claim upon which relief can be granted.

A criminal defendant's plea that does not admit guilt but does not dispute the charges. The plea is treated as a conviction for purposes of sentencing and judgment but is inadmissible against the defendant in subsequent civil or criminal proceedings to prove the underlying facts.

A criminal plea in which the defendant neither admits nor denies guilt yet submits to conviction and sentencing. The court treats the plea as equivalent to a guilty plea for purposes of the immediate case while preserving the defendant's ability to contest the underlying facts in later proceedings.

A principle in self-defense law providing that a person attacked inside their own dwelling need not retreat before using deadly force. The rule displaces any general obligation to withdraw when complete safety is possible. It applies once the location of the attack is established as the defender's home regardless of alternative exits or prior relationships.

A common-law exception to the duty to retreat before using deadly force in self-defense. The exception applies when an attack occurs inside the defender's own dwelling.

A substantive rule of contract law that renders inoperative prior agreements that would add to or contradict a completely integrated writing. The rule defines the subject matter available for interpretation rather than operating as an evidentiary exclusion. A court determines whether an agreement is integrated as a preliminary question before applying the rule or interpreting the writing.

A condition that, when paired with a showing that the movant is entitled to judgment as a matter of law, requires a federal court to grant summary judgment on a claim or defense.

A standard for granting summary judgment under which the court must find that the record presents no triable dispute over a fact that could affect the outcome under the applicable substantive law.

An express judicial finding that permits a district court to direct entry of a final judgment on fewer than all claims or parties in a multi-claim or multi-party action. The finding removes the ordinary bar to immediate appeal that would otherwise keep the order interlocutory and subject to revision until the entire case concludes.

A determination by a district court that immediate appellate review of a partial judgment is appropriate in multi-claim or multi-party litigation. The determination permits entry of a final judgment as to one or more but fewer than all claims or parties. Without the determination any order adjudicating fewer than all claims or parties remains interlocutory and subject to revision.

The absence of any legal avenue for obtaining reimbursement from or a judgment against a designated person or entity. This condition arises when a statute, contract, or court ruling expressly eliminates or withholds enforcement rights against the targeted party.

A due process standard governing the admissibility of eyewitness identifications obtained through suggestive procedures. An identification satisfies the standard and remains admissible when the totality of the circumstances establishes its reliability despite any suggestiveness. Courts weigh the witness's opportunity to view the perpetrator, degree of attention, accuracy of any prior description, level of certainty, and time between the crime and the identification.

A prohibition applicable to lawyers that bars the use of tactics in client representation having no substantial purpose other than to embarrass, delay, or burden a third person, or the use of methods of obtaining evidence that violate the legal rights of such a person. The standard examines whether the chosen means lack any substantial connection to advancing the client's case and instead target the nonparty's privacy, reputation, or resources.

A grand jury's formal refusal to issue an indictment after determining that the evidence fails to establish probable cause for the charged offense. The decision leaves the prosecutor free to present the matter to a different grand jury. Double jeopardy protections do not attach because no trial has begun.

A judgment entered in favor of the plaintiff when the defendant has failed to file a timely answer or otherwise appear in the action. The judgment is limited to the kind and amount of relief demanded in the pleadings.

An absence of any legal right or entitlement to assert a demand or cause of action against another party.

A criminal defendant's plea by which the defendant neither admits nor disputes the charges but accepts conviction and punishment. The plea produces the same sentencing consequences as a guilty plea yet prevents the plea itself from serving as an admission usable against the defendant in later civil or criminal proceedings.

A legal principle establishing that a person or entity owes no obligation to control the conduct of third parties, to take affirmative steps to prevent harm, to retreat before using force, or to perform a contractual duty when performance is impracticable or when specific exceptions apply.

A tort doctrine that denies recovery in negligence for purely economic losses unaccompanied by physical injury or property damage. The rule channels claims for pecuniary harm arising from negligent interference with contractual or prospective relations into contract remedies rather than tort. It prevents indeterminate liability to an open class of plaintiffs when no physical harm occurs.

A rule in donative transfers providing that a beneficiary who is deceased when the donative document takes effect acquires no interest in the property.

The absence of a right against another in some particular respect. A no-right is the correlative of a privilege and arises when one party lacks any enforceable claim that would constrain the other's freedom of action.

A Hohfeldian correlative to a right. It denotes the absence of any enforceable claim that another person act or refrain from acting in a specified manner.

A lease containing no stated duration that is presumed to create a tenancy at will terminable at the will of either party upon notice.

A hereditary rank or title conferring social or political preeminence, typically granted by a sovereign or inherited through bloodline.

A constitutional prohibition barring the United States and the states from granting hereditary ranks or formal titles that confer aristocratic status. The clause prevents creation of an official class distinguished by inherited privilege and bars federal officeholders from accepting foreign titles without congressional consent.

An archaic adjective describing a person or act that is guilty or harmful. It functions as the direct antonym of innocent.

A historical term for a nuisance. A remedy existed at common law when the nuisance caused personal injury but not when it caused only property damage.

A contractual arrangement by which a shipowner hires out a vessel for the transport of goods or passengers.

A constitutional requirement that a government-imposed exaction in exchange for a land-use permit must bear an essential nexus to a legitimate governmental interest that would justify outright denial of the permit. The condition must directly mitigate impacts caused by the proposed development rather than advance an independent public objective.

A constitutional standard requiring an essential nexus and rough proportionality between a permit condition that demands dedication of property or payment of money and a legitimate governmental interest that would justify outright denial of the permit. The standard prevents governments from leveraging permitting power to obtain property interests unrelated to the specific burdens the proposed development would impose.

A constitutional doctrine that subjects land-use permit conditions to heightened scrutiny under the Takings Clause. The government must demonstrate an essential nexus between the demanded exaction and a legitimate public interest that the proposed development would otherwise burden. The exaction must also be roughly proportional in nature and extent to the actual impact of the development.

A constitutional test applied to government conditions on land-use permits that require conveyance of a property interest to the public. The test demands an essential nexus between the condition and a legitimate governmental interest that would justify outright denial of the permit, plus rough proportionality between the exaction's burden and the development's projected impacts.

A constitutional doctrine under the Takings Clause that subjects land-use permit conditions to heightened scrutiny. The doctrine requires an essential nexus between the condition and a legitimate public interest that the development would otherwise burden, plus rough proportionality between the condition's burden and the project's actual impacts. The standards govern demands for real-property dedications, monetary exactions, and outright permit denials when an applicant refuses an invalid condition.

A plea in a criminal case in which the defendant does not contest the charges but does not admit guilt. The plea allows the court to treat the defendant as guilty for purposes of conviction and sentencing while preserving the ability to deny the underlying facts in later civil proceedings.

A criminal defendant's formal response to charges that accepts the court's judgment without admitting factual guilt. The plea produces a conviction and sentence but shields the defendant from using the admission against the defendant in later civil proceedings.

A form of plea in criminal proceedings by which the defendant submits to conviction without making an admission of factual guilt. The plea produces the same sentencing consequences as a guilty plea yet avoids creating an evidentiary admission usable against the defendant in later civil or criminal matters.

A plea in a criminal proceeding by which a defendant neither admits nor denies factual guilt but submits to conviction and sentencing. The court must consent after considering the parties' views and the public interest in the effective administration of justice. The plea produces the same conviction consequences as a guilty plea for purposes of sentencing and finality but receives distinct treatment under evidentiary rules that limit its later use.

A plea in criminal proceedings by which the defendant neither admits nor contests the charges. The plea carries the same sentencing consequences as a guilty plea but creates no admission usable against the defendant in later civil or criminal cases.

A personal name or designation used to identify parties, sign documents, or satisfy statutory requirements in legal proceedings. The term supplies the identifying information required for pleadings, notices, and instruments to have legal effect.

A trivial sum of money awarded to a litigant who has established a cause of action but has not established that he is entitled to compensatory damages. The award recognizes the violation of a legal right even when no actual loss is proven. It may also serve as a predicate for other remedies such as punitive damages in appropriate cases.

A trivial sum of money awarded to a litigant who has established a cause of action but has not established that he is entitled to compensatory damages.

To propose or name a person for election or appointment to an office or position.

An individual on whose behalf shares are registered in the name of an intermediary or nominee. The individual may elect to be treated by the corporation as the record shareholder upon filing a beneficial ownership certificate under a board-established procedure.

An adverb indicating that a person or thing is identified expressly by name or by specific description rather than by a general class or group label.

A person or entity designated to hold bare legal title to property or shares for the benefit of another, often with limited authority to act on the owner's behalf.

A principle of criminal procedure that bars successive prosecutions for the same offense once jeopardy has attached in the first proceeding.

A principle of criminal procedure that bars the government from prosecuting a person more than once for the same offense after jeopardy has attached in a court of competent jurisdiction.

A principle of criminal procedure that bars successive prosecutions or punishments for the same offense once jeopardy has attached.

A concurrent conflict of interest that cannot be cured by client consent. The lawyer cannot reasonably believe that competent and diligent representation remains possible for each affected client because the duties owed to one client are directly adverse to those owed to another in the same proceeding.

A Latin phrase denoting a finding or plea of not guilty in a criminal proceeding. The phrase signals that the trier of fact has determined the prosecution failed to prove the elements or that a statutory defense such as lack of voluntary act or mental disease or defect has been established. Entry of the plea or verdict bars further prosecution for the same offense under double-jeopardy principles.

A Latin maxim stating that the law supplies no fixed definition of what amounts to an attempt. Courts therefore determine attempt on a case-by-case basis by examining how close the actor came to completing the intended act.

A Latin adjective describing a proceeding conducted outside the judicial system. It applies to processes such as foreclosure conducted under a power-of-sale clause in a mortgage or deed of trust pursuant to statute rather than court order.

A Latin phrase meaning notwithstanding. It introduces a provision that applies despite any contrary law, rule, or interpretation.

A basis for extinguishing servitudes or similar rights through prolonged failure to exercise them. The doctrine requires neglect of use over time, often accompanied by additional evidence of intent to abandon the right permanently.

A plea in a criminal proceeding by which a defendant accepts conviction without admitting factual guilt. The plea requires court consent after consideration of the parties' views and the public interest in the effective administration of justice. It produces the same conviction and sentencing consequences as a guilty plea but prevents the plea from being used as an admission in later civil or criminal cases.

A criminal defendant's plea that does not admit guilt but does not dispute the charge. The plea permits resolution of the case without forcing an admission that could later support civil liability. Courts may accept the plea only after considering the parties' views and the public interest.

Tribunals established by Congress under its Article I powers that exercise adjudicative authority without the life tenure and salary protections required for Article III judges. Such courts may perform hybrid administrative and judicial functions when implementing legislative schemes but may not receive wholesale assignment of traditional private-rights disputes historically resolved by Article III courts.

Goods shipped in response to an offer to buy that deviate from the order specifications. Such a shipment does not constitute acceptance if the seller seasonably notifies the buyer that it is offered only as an accommodation, or goods that may be made the subject of a contractual limitation of remedies to repair or replacement.

A delivery of goods that deviates from the contract requirements in any respect. The deviation triggers the buyer's right to reject the tender under the perfect tender rule while preserving the seller's opportunity to cure when statutory conditions are met.

A land use that was lawful when established but does not comply with later-enacted zoning restrictions. The owner generally holds a vested right to continue the use. The right may be lost through abandonment, discontinuance for the statutory period, or amortization ordinances that require termination after a reasonable period.

A land use that was lawful when established but does not comply with later-enacted zoning restrictions. The owner generally holds a vested right to continue the existing use. That right may be lost through abandonment, discontinuance for the statutory period, or in some jurisdictions through amortization ordinances that require termination after a reasonable period.

A deviation by tendered goods or their delivery from the requirements of the sales contract. The buyer may reject the whole tender, accept the whole, or accept any commercial units and reject the rest. When the buyer accepts and gives timely notice, the buyer may recover damages measured by the loss resulting in the ordinary course of events from the breach.

A concurrent conflict of interest that cannot be cured by client consent. The conflict arises when a lawyer cannot reasonably believe that competent and diligent representation is possible for each affected client or when one current client asserts a claim against another current client in the same litigation or proceeding.

A seller's failure to deliver goods as required under a contract for sale. The failure constitutes a breach entitling the buyer to damages measured by the difference between market price and contract price.

A parcel of land that receives no benefit from an easement appurtenant to a separate dominant tenement. The parcel therefore remains free of any corresponding right to use a servient tenement.

A constitutional principle that prohibits government from establishing, endorsing, or favoring religion over nonreligion. The principle requires neutrality toward religion and bars official sponsorship or preference for religious exercise or doctrine.

An informal property interest granting a limited right to use land belonging to another, created by operation of law through implication from prior use, prescription via long adverse use, necessity, or estoppel rather than by express grant or reservation in a deed.

A power of appointment that cannot be exercised in favor of the donee, the donee's estate, or the creditors of either.

A category of out-of-court statements excluded from the hearsay definition under Federal Rule of Evidence 801(d) when offered for a purpose other than proving the truth of the matter asserted or when they satisfy enumerated conditions such as prior consistent statements or party-opponent admissions.

A category of out-of-court statements that satisfy the definition of hearsay yet are declared nonhearsay by Federal Rule of Evidence 801(d) and therefore admissible for their truth without satisfying an exception.

A foreclosure proceeding conducted without court supervision under the terms of the mortgage or deed of trust and applicable state statute. The proceeding terminates the mortgagor's equity of redemption and transfers the property or its value to the mortgagee. It may begin only after default and full satisfaction of all contractual and legal conditions precedent.

Children born to parents who are not married to each other at the time of the child's birth. Their legal status receives constitutional protection against punitive classifications in inheritance and support, and due process safeguards attach when an unmarried father has formed a family unit with the child.

A doctrine in issue preclusion that permits a party who was not involved in prior litigation to invoke a prior determination against a party who was involved. The doctrine applies only when the prior issue was actually litigated and necessarily decided in a final judgment and when applying preclusion is fair to the party to be bound in light of all circumstances.

A doctrine of issue preclusion that permits a party who was not involved in a prior action to prevent a party who litigated and lost an issue in that action from relitigating the same issue in a subsequent suit. Application requires that the issue was actually litigated and necessarily decided in a prior proceeding that ended in a valid final judgment. The doctrine further demands that using the prior determination offensively against the losing party must be fair under all the circumstances.

A doctrine permitting a litigant who was not a party to an earlier action to prevent a party to that action from relitigating an issue that was actually decided against the party in the prior proceeding, when application of the doctrine is fair to the party to be bound.

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

A condition for patentability requiring that the differences between the claimed invention and the prior art would not have been obvious to a person of ordinary skill in the art at the time the invention was made.

A factor in the totality-of-the-circumstances test for piercing the corporate veil consisting of a corporation's failure to distribute earnings to shareholders.

An interest in land that confers specified rights to use or benefit from the property without granting the holder the right to immediate possession.

An interest in property that passes at death by operation of law or by contract rather than under a will or by intestate succession. Title to such assets vests automatically in the surviving co-owner or designated beneficiary without probate administration. A will has no effect on the disposition of these assets when the form of ownership or beneficiary designation remains intact at death.

Property that passes at death by operation of law or contract rather than under a will or intestacy statute. Title transfers automatically to a surviving joint owner or designated beneficiary without court administration. A will has no effect on such assets.

A transfer of property that takes effect at the owner's death by operation of law or contract rather than by will or intestacy. The arrangement must allow the transferor to retain substantial lifetime control while shifting possession or enjoyment outside probate upon death.

Arrangements respecting property or contract rights that shift possession or enjoyment to a donee at the donor's death outside probate administration. The donor retains substantial lifetime dominion or control, including the power to revoke or alter the beneficiary designation. Common forms include revocable inter vivos trusts, life insurance policies, pension accounts, multiple-party bank accounts, payable-on-death designations, and joint ownership with right of survivorship.

A corporation organized for religious, educational, charitable, or public service purposes rather than for profit. Its governing documents limit distributions to members and dedicate assets to the stated mission upon dissolution.

A secular objective advanced by government action that satisfies the first prong of Establishment Clause scrutiny. The objective must be genuine rather than a pretext for advancing religion. Courts examine the text, context, and operation of the measure to determine whether the stated goal is non-religious.

Future interests in land created in a transferee rather than retained by the grantor. They consist of remainders, which await the natural termination of a prior estate, and executory interests, which divest or spring from a prior estate upon a stated event.

A category of treaty whose provisions lack direct domestic legal effect absent congressional implementing legislation. Such treaties create international obligations but do not bind courts or agencies as supreme federal law until Congress acts.

An international agreement whose provisions lack domestic legal force until Congress enacts implementing legislation. The treaty creates only an international obligation and does not supply a rule of decision for courts or agencies.

A method of challenging federal agency action by bringing suit under the general federal question jurisdictional grant seeking injunctive and declaratory relief when no specific statutory review provision applies. It supplies a remedy where the litigant cannot otherwise secure relief from agency action and functions as a backstop akin to mandamus.

Statements whose primary purpose is to enable police to respond to an ongoing emergency rather than to establish or prove past events for criminal prosecution.

A form of land-use exaction consisting of fees imposed for public infrastructure located outside the development site but necessitated by the new development. These fees must serve the occupants of the subdivision and bear an essential nexus to the impacts created by the project.

An invasion of another's interest in the private use and enjoyment of land that occurs without physical entry onto the property.

A type of interference with land use that occurs without any physical entry onto the property. It impairs the possessor's ability to enjoy the land through intangible means such as odors, noise, smoke, or vibrations.

A proceeding before a legislative body or administrative agency acting in a rulemaking or policymaking capacity rather than resolving the rights of specific parties. The designation triggers duties of representative disclosure and candor under the rules governing lawyer advocacy.

A governmental hearing or session conducted before a legislative body or administrative agency that does not decide contested legal rights of specific parties. The setting requires a lawyer appearing for a client to disclose the representative capacity and to follow specified duties of candor, fairness, and impartiality.

The period during which a person has not attained the age of majority. Capacity to consent or to enter binding transactions turns on whether the individual has emerged from nonage.

An interest in land that permits a person to use another's property for personal noncommercial purposes without benefiting any dominant estate. Alienability is determined by the terms and manner of creation, including the personal relations between the original parties, the probable increase in physical use or diminution in value of the servient land if the right is transferred, and whether consideration was paid.

A personal right to use land belonging to another that does not benefit any particular parcel, with its alienability governed by the manner and terms of creation.

Goods that fail to meet contractual specifications. Such goods permit the buyer to reject the tender or revoke acceptance and pursue remedies under the Uniform Commercial Code.

A tender of goods that deviates from the contract specifications in any respect. Under the perfect tender rule the buyer may reject the whole tender, accept the whole, or accept any commercial unit and reject the rest.

A preexisting land use that was lawful when begun but violates zoning restrictions enacted later. The owner generally holds a vested right to continue the use. That right may be lost by abandonment, discontinuance for the statutory period, or in some jurisdictions by amortization after a reasonable period.

A doctrine in land-use law protecting a preexisting use of property that was lawful when begun but that violates a subsequently enacted zoning ordinance. The owner holds a vested right to continue the use unless it is abandoned, discontinued for the statutory period, or phased out under a valid amortization ordinance. Protection of settled property expectations limits a municipality's power to eliminate the use immediately upon rezoning.

A land use that was lawful when established but does not comply with later-enacted zoning restrictions. The owner generally holds a vested right to continue the use. That right may be lost through abandonment, discontinuance for the statutory period, or in some jurisdictions through amortization ordinances that require termination after a reasonable period.

A use of land that was lawful when established but does not comply with later-enacted zoning restrictions. The owner generally holds a vested right to continue the use. That right may be lost through abandonment, discontinuance for the statutory period, or amortization ordinances that require termination after a reasonable period.

A failure of goods or their delivery to conform to the sales contract, for which a buyer who has accepted the goods and given the required notification may recover damages measured by the loss resulting in the ordinary course of events as determined in any reasonable manner.

A conflict of interest that a lawyer cannot undertake or continue even with the clients' informed consent because the lawyer's duties of loyalty and independent judgment would be irreconcilable.

A concurrent conflict of interest that cannot be cured by informed client consent. The lawyer cannot reasonably believe competent and diligent representation remains possible for each affected client, or the representation would require asserting a claim by one current client against another in the same proceeding.

A concurrent conflict of interest that cannot be cured by informed client consent. The conflict arises when a lawyer cannot reasonably believe she can provide competent and diligent representation to each affected client or when substantive law prohibits the representation.

An Article I tribunal created by Congress to exercise administrative and adjudicative functions in aid of its legislative powers. Such tribunals may resolve disputes closely tied to federal regulatory schemes even though their judges lack life tenure and salary protection. They may not, however, receive wholesale assignment of traditional private-rights disputes historically resolved by Article III courts.

An interrogation or questioning not conducted while the subject is under formal arrest or equivalent restraint on freedom of movement. The classification turns on whether a reasonable person would feel free to terminate the encounter and leave.

A parent who does not have primary physical custody of a child after the parents' separation or divorce.

Failure by a seller to transfer goods to the buyer as required by a contract for sale. The failure may be excused when performance has become impracticable because of an unforeseen contingency whose nonoccurrence was a basic assumption of the contract. A buyer may recover damages measured by the difference between market price and contract price together with incidental and consequential damages.

An obligation or rule that bars treating individuals or entities differently because of traits such as race, religion, disability, or sexual orientation. The obligation applies to government action and to private conduct in specified contexts. It yields when another constitutional interest, such as expressive association, outweighs the nondiscrimination interest.

A constitutional rule that bars government from imposing differential treatment on the basis of out-of-state origin. The rule requires evenhanded treatment of interstate commerce.

A legal obligation or policy mandating equal treatment of persons without regard to protected characteristics such as race, sex, or sexual orientation.

A regulatory obligation imposed on pipelines and electric utilities to furnish transportation or transmission services to all shippers and customers on equal terms without preference for owners or affiliates.

Compensatory damages awarded for intangible harms such as pain and suffering, emotional distress, and loss of enjoyment of life that cannot be measured with mathematical precision.

A power of appointment that permits the donee to allocate appointive property among a defined class of permissible appointees. The donee has no duty to exercise the power at all. If the donee chooses to exercise it, the appointment must confer a genuine benefit on each member of the class and cannot exclude any member entirely, even through nominal or illusory shares.

A nonpossessory right to use land that benefits its holder personally or in business rather than any particular parcel. The holder shares use of the burdened land with the servient owner and with others the servient owner authorizes.

A misrepresentation made without the deliberate intent to mislead. It encompasses both negligent misrepresentations made without reasonable care in ascertaining the truth and innocent misrepresentations made without any fault. The maker lacks the knowledge of falsity or reckless disregard required for fraud.

A possessory interest in land classified as personal property rather than real property. It arises when a grantor conveys a limited right of possession for a term of years, from period to period, at will, or at sufferance without transferring seisin. The holder receives no inheritable estate and holds only a chattel real.

A possessory estate in land whose duration is limited and that is not an estate of inheritance or for life. It arises when a landlord transfers the exclusive right to possess the premises to a tenant under a lease. The tenant may exclude all others, including the landlord absent lease permission, and the interest ends at a fixed time, upon notice, or at the will of a party.

A legal contention that is either warranted by existing law or supported by a reasoned argument for extending, modifying, or reversing existing law or for establishing new law.

A power of appointment that cannot be exercised in favor of the donee, the donee's estate, or the creditors of either.

A power of appointment that the donee may exercise only in favor of persons other than the donee, the donee's estate, or the creditors of either.

A power of appointment that is not exercisable in favor of the donee, the donee's estate, or the creditors of either. The classification turns on the scope of permissible appointees specified by the donor in the creating instrument.

A power of appointment that permits the donee to appoint property only to persons other than the donee, the donee's estate, or the creditors of either.

A category of out-of-court statements excluded from the hearsay definition under Federal Rule of Evidence 801(d). The exclusion applies when the statement meets one of the conditions listed in the rule.

A category of out-of-court statements excluded from the hearsay definition under Federal Rule of Evidence 801(d). The category encompasses prior consistent statements made before an alleged motive to fabricate arose, prior identifications of a person, statements by a party-opponent, and statements by a coconspirator during and in furtherance of the conspiracy.

A criminal offense that does not result in the death of another person. The distinction determines the constitutionality of certain severe punishments under the Eighth Amendment.

A foreclosure method conducted without court supervision under a power-of-sale clause in the mortgage or deed of trust and applicable state statute. The mortgage or statute controls notice, sale procedures, and redemption rights. A creditor may commence the process only after default and satisfaction of all contractual and legal conditions.

A foreclosure proceeding conducted without court supervision pursuant to a power of sale in the security instrument and governing state law.

Describing a trial or proceeding decided by a judge rather than a jury.

A judicial proceeding in which a judge determines both questions of fact and questions of law without the participation of a jury. The judge alone resolves disputed facts and applies the governing legal standards to reach a final judgment.

A trial conducted by a judge without a jury in which the court determines the facts and applies the law to resolve the dispute. The court must make findings of fact and conclusions of law supporting any judgment entered. After such a trial the court may grant a new trial or amend its findings on motion for reasons including those that would support rehearing in equity.

A doctrine under which federal courts decline to adjudicate disputes that present political questions or otherwise lack the concrete adverseness required by Article III. The doctrine encompasses claims textually committed to another branch, those lacking judicially manageable standards, and controversies rendered hypothetical by mootness or the absence of any realistic threat of enforcement.

A characteristic of a legal claim or controversy that renders it unsuitable for judicial resolution. Courts decline to adjudicate when the issue presents a political question, has become moot, or fails to present a live case or controversy under Article III.

A claim or controversy that federal courts decline to adjudicate because the Constitution textually commits the issue to a coordinate political branch or because no judicially discoverable and manageable standards exist for its resolution.

A person who is not licensed to practice law.

A child whose parents are not married to each other. The status triggers constitutional protections for an established parental relationship and supplies default rules for class gifts and intestate succession that treat the child as a child of the genetic parent unless contrary intent appears.

A child born to parents who are not married to each other. The law affords such children constitutional protections against discrimination on the basis of birth status.

Unmarried individuals. The constitutionally protected right of privacy in decisions about contraception belongs to each person regardless of marital status.

An arrangement between two people who live together and share domestic and financial responsibilities without entering a formal marriage. Such relationships may support claims for property division, support, or contract enforcement upon separation or death when the parties have formed agreements or contributed to shared assets.

A form of issue preclusion that permits a nonparty to an earlier action to prevent a party from relitigating an issue determined against it in that action. The doctrine applies whether the nonparty invokes the prior determination offensively to establish an element of its own claim or defensively to bar relitigation of an issue already lost. Application requires that the issue was actually litigated and necessarily decided in a prior proceeding that afforded the precluded party a full and fair opportunity, and that using the prior judgment remains fair to the party bound.

A doctrine permitting a party who was not involved in prior litigation to preclude an opponent from relitigating an issue that the opponent fully and fairly litigated and lost in the earlier proceeding. Application is allowed only when doing so is fair and equitable to the party to be bound in light of all circumstances.

A doctrine permitting a plaintiff who was not a party to earlier litigation to bar a defendant from relitigating an issue that the defendant already litigated and lost in a prior action ending in a final judgment. The issue must have been actually litigated, necessarily decided, and identical to the one now presented. Application is allowed only when doing so is fair and equitable to the defendant under all the circumstances.

A doctrine permitting a nonparty to invoke issue preclusion offensively against a defendant who litigated and lost an identical issue in a prior action. Application requires that the issue was actually litigated and necessarily decided in a final judgment and that binding the defendant would be fair and equitable under all circumstances.

A doctrine in civil procedure that relaxes the traditional mutuality requirement for issue preclusion. It permits a nonparty to a prior action to assert issue preclusion against a party who litigated and lost an identical issue in that action when doing so is fair to the defendant.

A written promise or order that bears a conspicuous statement declaring it not negotiable or not governed by UCC Article 3, thereby preventing its transfer by indorsement or delivery as a negotiable instrument.

A patentability doctrine requiring that an invention not have been obvious to a person of ordinary skill in the relevant art at the time it was made. The inquiry focuses on whether the differences between the claimed invention and the prior art would have rendered the subject matter obvious.

A statutory requirement for patentability that an invention must not have been obvious to a person having ordinary skill in the art to which the invention pertains at the time the invention was made. The standard prevents patents on combinations or modifications that would have been within the ordinary skill of the art.

A person or entity that is not named as a party in a legal proceeding. The status determines whether the individual or organization may be served with process, compelled to provide discovery, bound by judgments, or protected by procedural privileges that apply only to outsiders.

A failure to deliver money or other valuables when due in discharge of an obligation. The failure may trigger contractual remedies such as acceleration of a debt or render an instrument overdue until cured.

A failure to discharge an obligation under a contract when performance is due. Such failure constitutes a breach that may give rise to a claim for damages depending on the extent of impairment to the injured party's expectations.

A statutory nonpossessory interest in farm products or their proceeds created in favor of a supplier of goods or services to a farming operation to secure payment for those goods or services.

A property interest in land that authorizes limited uses or benefits without conferring possession of the land itself.

Property or a transfer that passes at death outside the probate process by operation of law or beneficiary designation rather than by will or intestacy. Such assets include joint tenancies with right of survivorship, payable-on-death accounts, life insurance proceeds, and revocable trusts. A will has no effect on these assets absent severance or other lifetime action.

A form of property ownership or transfer mechanism by which title or beneficial interest passes automatically to a designated survivor or beneficiary upon the owner's death without becoming part of the probate estate. Such assets include property held in tenancy by the entirety or joint tenancy with right of survivorship and contractual interests such as payable-on-death accounts or life insurance policies with named beneficiaries. A will has no effect on the disposition of these assets.

An interest in property that passes outside the decedent's probate estate directly to a designated beneficiary by operation of law or contract upon the decedent's death.

Property that passes at death by operation of law or by beneficiary designation rather than under a will or through probate administration. A will has no effect on such property because the decedent holds no separate devisable interest at the moment of death.

Arrangements respecting property or contract rights established during the donor's life under which the right to possession or enjoyment of the property or to a contractual payment shifts outside of probate to the donee at the donor's death. Substantial lifetime rights of dominion, control, possession, or enjoyment are retained by the donor. Common examples include revocable inter vivos trusts, life insurance policies, pension accounts, payable-on-death designations, joint ownership with right of survivorship, and annuities with death benefits.

Property that passes directly to designated transferees upon a decedent's death by operation of law or under the terms of a contract or instrument rather than through the probate estate.

A transfer of property or contract rights that takes effect at the donor's death without requiring probate administration. The arrangement is established during the donor's life and shifts possession or enjoyment directly to the donee upon death while the donor retains substantial lifetime control such as the power to revoke or alter the beneficiary.

A transfer of property that takes effect at the owner's death by operation of law or contract. The arrangement shifts possession or enjoyment to a designated recipient without court-supervised probate administration.

A category of assets included in a decedent's augmented estate for elective-share purposes. The category comprises transfers made by the decedent during life or at death that pass outside probate to recipients other than the surviving spouse.

A corporation organized for charitable, educational, religious, or other public purposes rather than for the financial gain of its members or directors. Its assets must be dedicated to those purposes and may not be distributed as profits. Formation and governance follow state nonprofit corporation statutes that limit permissible activities and require compliance with tax-exemption rules when applicable.

An individual who maintains no domicile or residence within the forum state or jurisdiction whose laws are at issue.

The parent who does not have primary physical custody of a child after dissolution of the parents' marriage or relationship.

The failure to provide financial or other support to a person whom one is legally obligated to maintain, such as a child or spouse.

Arrangements respecting property or contract rights established during the donor's life under which the right to possession or enjoyment of the property or to a contractual payment shifts outside of probate to the donee at the donor's death while the donor retains substantial lifetime rights of dominion, control, possession, or enjoyment.

A statement whose primary purpose is to enable police to respond to an ongoing emergency rather than to establish past events for prosecution. Such statements may be admitted without confrontation even if the declarant does not testify at trial.

An intangible interference with a landowner's ability to make ordinary use of property that does not involve physical entry onto the land. The interference must substantially impair typical residential or other expected activities on the affected parcel.

A regulatory taking in which government action diminishes the use or value of property without any physical invasion or appropriation of the owner's right to exclude. Landmark-style land-use regulations that substantially advance legitimate public interests and leave the owner with a reasonable beneficial use are generally not compensable takings.

A failure to exercise a legal right or to put property or a privilege into service.

Nonverbal conduct of a person that qualifies as a statement for hearsay purposes when the person intends the conduct as an assertion. The definition reaches gestures, nods, and similar acts only when the actor means to communicate a fact or belief rather than merely act without communicative purpose.

A course of conduct or practice that conforms to the usual or customary operations of a business entity. It encompasses transactions and activities routinely undertaken in the entity's field or by the entity itself.

Deterioration that results from the intended use of property, including breakage or malfunction due to age or deteriorated condition. It does not include damage from negligence, carelessness, accident, or abuse by the tenant or others under the tenant's control.

A purpose for which an out-of-court statement is offered that removes the statement from the definition of hearsay. The statement is introduced to establish a fact other than the truth of its contents, such as the effect on the listener, the basis for an expert opinion, or the consistency of a witness's account before a motive to fabricate arose.

A legal contention that rests on existing law or on a good-faith argument for extending, modifying, or reversing existing law or for establishing new law.

A formal plea by a criminal defendant denying commission of the charged offense or a jury verdict that the prosecution failed to prove guilt beyond a reasonable doubt.

A criminal verdict or plea finding the defendant not guilty because a mental disease or defect prevented the defendant from knowing the wrongfulness of the conduct or from conforming the conduct to the requirements of law. The verdict typically leads to involuntary commitment to a mental institution rather than outright release.

A condition for enforcing a restrictive covenant in a professional employment agreement. The covenant must leave the public with adequate access to the restricted services and must not otherwise injure public welfare.

An out-of-court statement that satisfies one of the conditions listed in Federal Rule of Evidence 801(d). The statement therefore falls outside the hearsay definition even though the declarant made it while not testifying at the current trial or hearing and even though a party offers it to prove the truth of the matter asserted.

Conduct or a state that violates applicable legal rules or statutes. The phrase identifies actions or purposes that breach statutory commands, common-law prohibitions, or public policy limits, rendering them subject to legal nullification or sanction.

A limitation in civil discovery that excuses a responding party from producing electronically stored information when the sources are identified as imposing undue burden or cost to access. The responding party must demonstrate inaccessibility on a motion to compel or for protective order. Even after that showing the court may still order production if the requesting party establishes good cause under the proportionality factors of Rule 26(b)(2)(C).

Electronically stored information residing in sources that a responding party identifies as inaccessible because of undue burden or cost. A responding party need not produce such information unless the requesting party shows good cause after the responding party demonstrates the inaccessibility.

A standard used to classify a tax-exempt organization's business activity for unrelated business income tax purposes. The standard examines whether the activity contributes importantly to accomplishing the organization's exempt purpose beyond merely producing revenue.

A standard used to evaluate whether a requirement, condition, regulation, or discovery request imposes excessive cost, effort, or restriction relative to the needs of the case, the amount in controversy, the importance of the issues, or the constitutional interests at stake.

A contractual standard requiring that a party's consent to an assignment, sublease, or sale of leased property be granted unless the withholding party has a commercially reasonable basis for refusal. The standard focuses on objective factors such as the proposed transferee's financial strength and compatibility with the lease terms rather than the withholding party's desire to block competition or extract unrelated concessions.

A rule of modified comparative negligence that allows a plaintiff to recover damages provided the plaintiff's negligence is not greater than the combined negligence of the defendants. Recovery is reduced by the plaintiff's percentage of fault. The rule differs from the not-as-great-as approach by permitting recovery in equal-fault cases.

A formal denial by an accused person in court of having committed the charged offense. The prosecution must then prove all elements of the charged offense beyond a reasonable doubt if the defendant is to be convicted.

A formal will that satisfies execution requirements when the testator acknowledges the instrument before a notary or other authorized officer. The acknowledgment supplies the alternative to attestation by two witnesses under statutes modeled on the Uniform Probate Code.

An official authorized by law to administer oaths, take acknowledgments of signatures, and perform other acts that authenticate documents or verify identities. The notary's role supplies a presumption of genuineness for the attested signature or statement when the document is later offered in court or recorded.

A public officer authorized by a state to administer oaths, certify documents, attest to the authenticity of signatures, and perform official acts in commercial matters such as protesting negotiable instruments.

A written promise by one party to pay a sum of money to another party or to bearer. The note creates an underlying obligation that a mortgage or other security device may secure. The obligation may be existing or future and may be defined in the note itself or by separate agreement.

Legal notification required by law or agreement that informs a party of an existing right, duty, or fact. A person has notice when possessing actual knowledge, receiving information, having reason to know from related facts, or being charged with awareness through official records or filings.

A procedural requirement that a party receive timely notice of a proceeding affecting protected interests and an opportunity to present arguments or evidence before a decision is made.

A procedural safeguard required by the Due Process Clause before the government may deprive a person of life, liberty, or property. It ensures that affected individuals receive adequate information about the proceeding and a meaningful chance to present their case. The requirement applies whenever a protected interest is at stake.

A procedural safeguard required by due process before the government deprives a person of a protected interest. It consists of advance written notification detailing the proposed action and the grounds for it together with a meaningful chance to submit a written response before the deprivation occurs.

A procedural safeguard requiring that a party receive advance information of governmental action affecting a protected interest and an opportunity to present objections before a neutral decisionmaker. The requirement ensures the affected party can contest the action and guards against erroneous deprivations. Exceptions exist when personal property subject to forfeiture risks quick removal or when extraordinary circumstances justify immediate action followed by prompt post-deprivation review.

A core requirement of procedural due process that compels the government to inform an individual of an impending deprivation of a protected liberty or property interest and to afford that individual a meaningful chance to contest the action before it occurs.

An opportunity afforded a seller to remedy a nonconforming tender by seasonably notifying the buyer of intent to cure and then delivering conforming goods within the contract time when that time has not yet expired.

A method of legal notification effected by publishing an announcement in a newspaper or other periodical of general circulation. The method supplies constructive notice when the identities or addresses of interested persons are unknown or cannot be discovered with reasonable diligence. Due process permits its use only when no better means are practicable under the circumstances.

A written communication from a creditor or lessor to a debtor or lessee stating that a default has occurred under the agreement. The notice typically identifies the nature of the default, the amounts due, and any right to cure within a specified period before further remedies such as foreclosure or lease enforcement may be pursued.

A document sent or recorded by a beneficiary or trustee under a deed of trust that notifies each obligor of a default on the secured obligation and declares the intent to sell the property through nonjudicial foreclosure. The notice must separately reach each obligor and must state the nature of the default along with the amount of past-due payments, fees, and other charges. No foreclosure may begin until at least thirty days after the notice is sent.

A communication informing an indorser or drawer that a negotiable instrument has been dishonored upon presentment for payment or acceptance. The communication preserves the secondary liability of the indorser or drawer by satisfying the statutory precondition to enforcement of that liability.

A communication to an indorser or drawer indicating that the instrument has been dishonored or has not been paid. The notice is a prerequisite to enforcing the indorser's or drawer's liability unless excused under UCC § 3-504.

A communication from the master or agent of the shipowner to the charterer stating that the vessel is ready to load or discharge cargo. The notice starts the running of laytime under the charter party once any required grace period expires.

A procedural filing by which a defendant initiates removal of a civil action from state court to the appropriate federal district court. The notice must contain a short and plain statement of the grounds for removal and must be accompanied by copies of all process, pleadings, and orders served on the defendant in the state action.

A formal document issued by the IRS after seizing a taxpayer's property to satisfy unpaid taxes. The notice must describe the seized property and state the amount of tax due. It is delivered in person at the taxpayer's usual place of abode or business or mailed to the last known address.

A method of revoking an offer made to the public by advertisement or general notification. The revocation occurs when publicity equal in scope to the original offer is given and no better means of notification is reasonably available.

A communication or knowledge imparted to a party concerning the pendency of a lawsuit or other legal proceeding. It ensures that the party has an opportunity to defend and prevents prejudice in the merits determination.

A conspicuous written disclosure that must appear in a premarital or marital agreement when one party lacks independent legal representation. The disclosure uses plain language to identify the specific marital rights or obligations, such as support, property ownership, debt payment, and fee reimbursement, that the signing party may be relinquishing. Its presence supplies the procedural safeguard that permits enforcement of the agreement against the unrepresented party.

A statutory rule under which a subsequent purchaser for value who lacks notice of a prior unrecorded conveyance takes priority over that prior interest.

A recording act under which a subsequent bona fide purchaser who acquires an interest for value without notice of a prior unrecorded conveyance prevails over that earlier interest.

A type of recording statute under which a subsequent bona fide purchaser for value who takes without notice of a prior unrecorded interest prevails over that interest. The purchaser need not record first to gain priority. The statute protects reliance on the public record by cutting off earlier unrecorded claims against good-faith buyers.

A form of constructive notice achieved when an instrument affecting title or a lawsuit is properly recorded or publicly announced in a manner reasonably calculated to inform interested persons. Subsequent parties are treated as having knowledge of the recorded or announced matter regardless of actual awareness.

A type of recording statute under which a subsequent purchaser prevails over a prior unrecorded interest only if the purchaser takes without notice of that interest and records first.

A recording statute under which a subsequent purchaser for value who lacks notice of a prior unrecorded interest and records first obtains priority over that interest.

A recording statute under which a subsequent purchaser prevails over a prior unrecorded interest only if the purchaser both acquires without notice of that interest and records before the prior grantee.

A communication by an offeree informing the offeror that the offeree has accepted an offer by rendering the requested performance. The communication is unnecessary when the offer itself indicates that notification is not required or when the offeror otherwise learns of the performance within a reasonable time.

A reasonable authenticated notification that a secured party must send before disposing of collateral under Section 9-610. The notification must be sent to the debtor and any secondary obligor, and in non-consumer transactions certain other secured parties or lienholders, within a reasonable time before the disposition occurs.

A signed communication from an assignor or assignee to an account debtor stating that a right to payment has been transferred. Receipt of the communication cuts off the account debtor's ability to assert against the assignee any defense or claim against the assignor that accrues after the communication arrives.

Relating to a notary public or the formal acts performed by such an officer. A notorial acknowledgment supplies the formal verification that a signatory appeared and confirmed execution of a record.

A characteristic of possession or use that is sufficiently visible and obvious to provide notice to the true owner of the land. This quality ensures the owner has a reasonable opportunity to learn of the adverse claim and assert rights before the statutory period expires.

A preposition or adverbial phrase indicating that one legal provision or obligation takes effect despite a potentially conflicting rule, fact, or circumstance.

A substituted contract that includes as a party one who was neither the obligor nor the obligee of the original duty. The new contract immediately discharges the prior duty and creates a fresh obligation enforceable only under its own terms.

A claim or issue that presents an unprecedented or unsettled question of state law. Federal district courts may decline to exercise supplemental jurisdiction over such a claim even when it forms part of the same case or controversy as a claim within the court's original jurisdiction.

A statutory requirement that an invention not be anticipated by prior art. The invention must differ in form or function from any technology previously patented, described in a publication, in public use, on sale, or otherwise available to the public.

A Roman-law protest by which a person whose rights are impaired by new construction notifies the praetor. The praetor may order the builder to provide security against loss or issue a prohibitory interdict halting further work if security is refused.

Newly discovered facts or evidence that could not have been found earlier through reasonable diligence. Such material may support reopening a closed case or obtaining post-judgment relief when it meets the applicable procedural standards for timeliness and materiality.

An adverb marking the present moment at which a legal condition, capacity, or event is assessed. It identifies the time reference for determining whether a witness's memory or a constitutional restriction has changed since an earlier point.

An injurious or harmful use of property that the state may prohibit without providing compensation to the owner under its police power.

A common set of facts from which federal and state claims arise. The shared facts must be such that a plaintiff would ordinarily be expected to try the claims together in one proceeding.

An action or instrument that is ineffective and produces no legal consequence or practical result.

A nontrespassory invasion of another's interest in the private use and enjoyment of land. Liability arises when the invasion is intentional and unreasonable or otherwise actionable under negligence or strict liability rules.

A tort doctrine imposing liability for a nontrespassory invasion of another's interest in the private use and enjoyment of land. The invasion must be intentional and unreasonable or otherwise actionable under negligence or strict liability rules. Liability runs only to those holding property rights in the affected land.

A principle that prohibits retention of a benefit conferred by another when retention would be inequitable. The principle supports restitutionary remedies that restore value or specific property to the party who conferred the benefit.

A Latin phrase used in common-law pleading to deny the existence of a fact, document, or other matter alleged by the opposing party.

A plea denying the existence of an alleged corporation. The defense must be affirmatively pleaded before a plaintiff is required to prove corporate existence.

A legal status indicating that an act, instrument, agreement, or judgment has no legal effect or binding force. The condition arises when an underlying obligation is void, when an agreement violates public policy, or when statutory requirements for validity are not met.

A condition of legal invalidity that deprives an instrument, agreement, or provision of any binding force or effect.

A contractual defense available under the New York Convention that prevents a court from referring parties to arbitration. The defense applies when the arbitration agreement suffers from a fundamental defect that renders enforcement impossible or contrary to public policy.

A Latin phrase denoting the status of an individual who holds no legal rights or standing.

A legal principle by which a prior repudiation, revocation, or triggering event is rendered ineffective when a retraction occurs before the injured party relies or when the underlying event itself is nullified.

The invalidity of a presumed or supposed marriage because it is void on its face or has been voided by court order. A void marriage such as an incestuous marriage is invalid on its face and requires no formality to end.

A common-law plea asserting that the record contains no error. The plea is made in response to an assignment of error and has the effect of admitting the well-pleaded facts while denying the existence of any reversible mistake.

An element of class certification under Federal Rule of Civil Procedure 23(a)(1) requiring that the proposed class be so large that joining all members as individual plaintiffs would be impracticable.

An adjective describing matters, events, or relationships connected with marriage. The term identifies aspects of personal or family history that arise from the formation or dissolution of a marital bond.

A written agreement between spouses or prospective spouses addressing classification or division of assets. In dissolution proceedings the court considers any such agreement when equitably apportioning property and assets belonging to either or both parties.

Commercial activity consisting of the buying, selling, and exchange of goods and services.