307 terms beginning with O.
A method of expressing alternative future interests in a will or other donative transfer by using the disjunctive word or. This form creates an unrestricted condition of survival that extinguishes the primary future interest whenever the primary beneficiary fails to survive the distribution date.
An oil and gas lease containing a delay-rental clause that imposes on the lessee a continuing obligation throughout the primary term to drill, pay delay rentals, or surrender the lease. Failure to perform any of the three alternatives exposes the lessee to a suit for the rental payment rather than automatic termination of the lease.
A doctrinal element in common-law crimes and certain civil rules requiring that the person killed, the property taken or harmed, or the interest affected belong to someone other than the defendant or actor.
A form of pretrial release in which a defendant is freed from custody without posting bail upon promising to appear in court as required.
A solemn declaration that a statement is true or that a promise will be kept. The declaration typically invokes divine witness or subjects the declarant to penalties for falsehood such as perjury.
A procedural requirement that certain declarations in legal proceedings or documents be made under oath or affirmation. The declaration must take a form designed to impress the duty of truthfulness or faithful performance on the declarant's conscience.
A formal declaration made in lieu of an oath that binds the declarant to speak truthfully or to fulfill a commitment. The declaration must be in a form that impresses the duty on the declarant's conscience and serves the same legal function as an oath invoking a deity.
A formal statement attesting to facts or matters, made under oath before an authorized person or as an unsworn written declaration subscribed under penalty of perjury.
A solemn declaration by which a person vouches for the truth of a statement or the performance of a duty. The declaration may take the form of an oath invoking a deity or an affirmation that binds the conscience without religious reference.
A Latin notation recording that a named person has died. The notation marks the moment of death for purposes of triggering rules that depend on a party's death, such as termination of authority or passage of property interests.
Remarks by a judge that are not necessary to the decision reached in the case but are offered instead as comments, illustrations, or thoughts on related points. Such remarks do not bind later courts as precedent.
A judicial comment made while delivering a judicial opinion but unnecessary to the decision in the case and therefore not precedential. Such a statement may still be considered persuasive in future cases. It is distinguished from the holding or ratio decidendi that supplies the binding rule.
The persons a grantor, testator, or settlor intends to benefit through a disposition of property.
A person or class of persons to whom the donee of a power of appointment is authorized to appoint the appointive property. The donor designates the objects when creating the power, and an appointment is effective only when made to a person within that class.
A formal statement opposing something that has occurred or is about to occur in a legal proceeding and seeking the judge's or decision-maker's immediate ruling on the point. The party objecting must usually state the basis for the objection to preserve the right to appeal an adverse ruling.
A ruling by the court rejecting a party's objection to a question, exhibit, or line of inquiry. The ruling permits the evidence or examination to proceed without interruption.
A characteristic of a discovery request, evidentiary opinion, or proposed course of conduct that permits a party to raise a valid challenge or opposition under applicable procedural or evidentiary rules.
A standard of evaluation that measures conduct or knowledge against what a reasonable person would do or know. It contrasts with a subjective standard that examines the actual mental state or belief of the particular individual involved.
A pair of evaluative standards used across legal doctrines. The objective test measures conduct or belief against what a reasonable person would do or believe under the circumstances. The subjective test examines the actual mental state or belief of the individual involved.
A condition whose satisfaction turns on the occurrence or existence of an external, verifiable event or fact rather than a party's personal judgment or feelings. Such conditions are treated as true or false once the designated event happens or the designated fact is established. Courts and drafters prefer this formulation when an objective test is practicable because it reduces the risk that one party can unilaterally withhold performance on subjective grounds.
Criteria or standards evaluated by reference to what a reasonable person would conclude under the circumstances rather than by reference to a party's personal beliefs or knowledge. Application of the standard focuses on external indicia such as observable conduct, available information, and customary expectations to determine whether a legal threshold is satisfied.
A standard of culpability measured by what a reasonable person would have known or done under the circumstances rather than the actor's actual mental state.
A standard that evaluates official conduct or the scope of consent by asking what a reasonable person would have understood or done under the circumstances rather than by examining the actor's subjective state of mind. The test shields officials from damages liability when preexisting law did not place them on notice that their actions violated federal rights. It also determines the permissible reach of a consent search by asking whether officers could reasonably interpret the consent given.
A principle of contract formation under which agreement is determined by the parties' outward expressions of intent rather than their undisclosed subjective thoughts. Mutual assent exists when each party makes a promise or begins performance in a manner that a reasonable person would understand as acceptance of an exchange.
A standard that evaluates a defendant's state of mind by asking what a reasonable person would have known or believed in the same circumstances rather than inquiring into the defendant's actual subjective beliefs.
A legal standard that measures actions or beliefs by what a reasonable person would have done or understood in the same situation. The inquiry focuses on external facts available to the actor rather than the actor's actual state of mind.
A standard for measuring the permissible scope of a consent search that asks what a reasonable person would understand the consent to include. Officers may search closed containers within a vehicle when consent to search for drugs is given without limitation because a reasonable person would interpret the consent to reach areas where drugs could be hidden.
A legal criterion measured by external conduct and reasonable-person perceptions rather than by an individual's personal beliefs or intentions. The standard focuses on what a reasonable actor would have done or understood in the circumstances. Courts apply it to promote uniformity and avoid inquiries into unverifiable mental states.
A measure for evaluating conduct or belief by reference to what a hypothetical reasonable person would have done or believed under the same circumstances. The inquiry disregards the actual actor's personal characteristics or state of mind. Application turns on whether the conduct or belief aligns with that of the reasonable person.
A standard of evaluation that measures conduct, statements, or mental states by reference to what a reasonable person would have done or understood under the circumstances, rather than by the actor's actual subjective beliefs or intentions.
A standard that assesses whether conduct or a belief conforms to what a hypothetical reasonable person would have done or perceived in the same circumstances rather than the actor's subjective state of mind.
A legal standard that measures a party's intent or conduct by reference to what a reasonable person would understand or do under the circumstances rather than the party's actual internal thoughts or beliefs.
An external expression of intention that a reasonable observer would interpret as creating a legal commitment or effect. The standard evaluates words and conduct from the perspective of a reasonable person rather than probing undisclosed subjective beliefs.
A standard that evaluates an actor's conduct or belief according to what a reasonable person would have done or believed under the same circumstances. The inquiry focuses on the facts known to the actor at the time and disregards the actor's actual intent or motivation.
A standard of review in criminal procedure that evaluates police conduct from the perspective of a hypothetical officer who possesses the knowledge and training of a typical law enforcement professional and acts without regard to personal bias or subjective motive. The standard determines whether a suspect's statement invokes Miranda rights, whether exigent circumstances justify a warrantless entry, or whether probable cause or reasonable suspicion exists for a seizure.
A standard of conduct under which a party's reliance on another's representation or conduct is measured by what a reasonable person would have done in the same circumstances rather than by the party's subjective belief. The standard requires that the reliance be both foreseeable to the party whose conduct induced it and detrimental in a manner that the law will protect or excuse.
The class of persons eligible to receive appointive property under a power of appointment. A donee may appoint only to members of this class unless the donor manifests a contrary intent.
An enforceable duty created by agreement between parties that requires performance consistent with good faith and fair dealing.
An obligation arising between two persons who have not contracted with each other but have formed a relationship similar to a contractual one. The obligation prevents unjust enrichment by requiring restitution for benefits conferred without a formal agreement.
A legal duty to do or refrain from doing a specified act, arising from contract, statute, or other source of law.
A duty implied in every contract that requires each party to perform its obligations honestly and fairly without undermining the other party's reasonable expectations. The duty supplies a standard for measuring performance when the agreement is silent or ambiguous on a point of conduct.
An enforceable duty or right arising from a valid contract. The Contracts Clause protects such duties and rights from substantial impairment by subsequent state legislation.
A duty imposed by law on each party to a contract requiring honesty in fact and observance of reasonable commercial standards of fair dealing during performance and enforcement.
A fiduciary duty requiring a partner, member, or agent to account to the entity for any property, profit, or benefit derived in the conduct of its activities, to refrain from dealing with the entity on behalf of an adverse interest, and to refrain from competing with the entity before dissolution.
A contractual duty requiring each party to a contract or partnership agreement to act honestly and fairly when performing and enforcing obligations. The duty prevents a party from taking actions that undermine the other party's expected benefits under the agreement even when literal terms might permit them.
The body of law that governs the creation, performance, modification, and discharge of duties between parties arising from legal interactions.
A person to whom an obligation is owed. The term includes a promisee or creditor entitled to performance of a duty.
A party who owes performance of a duty or payment of an obligation to another under a contract, mortgage, support order, or security agreement.
An adjective describing a relationship or action that proceeds by indirect or collateral means rather than by direct descent or immediate causation.
To erase or destroy a writing or other marking.
An official act of pardon, annulment, certificate of rehabilitation, or equivalent procedure that places an offense into a state of being forgotten or disregarded for legal purposes such as impeachment.
An objective component of the good faith obligation imposed on merchants in commercial transactions. It requires adherence to the standards of fair dealing prevalent in the relevant trade or industry.
A common-law misdemeanor committed by soliciting another to engage in conduct that obstructs justice. The offense is complete upon the making of a solicitation with specific intent that the solicited person commit the obstructive act.
Conduct that impedes or hinders access to evidence or the administration of justice in legal proceedings.
A criminal offense consisting of interference with the orderly administration of law and justice. Conduct such as giving false information to authorities, destroying evidence, or intimidating a witness or juror supports liability.
A common law theft offense that occurs when a defendant obtains title to property of another by a knowing false statement about a past or existing fact made with intent to defraud. The victim must actually rely on the misrepresentation in transferring title. Courts distinguish this offense from larceny by trick by examining whether the victim intended to convey title rather than mere custody or possession.
A common law theft offense committed when a defendant obtains title to the property of another by making a knowing false statement about a past or existing fact with intent to defraud the victim. The key element is that the victim intends to convey full ownership rather than mere custody or possession. Courts examine the interest the victim meant to transfer to distinguish this offense from larceny by trick.
A common law theft offense arising when a defendant obtains title to the property of another by a knowing false statement about a past or existing fact made with intent to defraud.
A common law theft offense committed when a defendant obtains title to another's property by a knowing false statement of a past or existing fact made with intent to defraud.
The quality or state of a danger, fact, or inference being readily apparent to a reasonable person or to an officer drawing on training and experience. The obviousness of a condition ordinarily defeats liability or justifies official action under the governing doctrine.
The state of using or residing in a structure or land with the intent to control it. This state determines whether a building qualifies as a dwelling of another for criminal liability.
A person present in or recently occupying a vehicle or premises. The status triggers Fourth Amendment rules governing searches incident to arrest and probable cause for joint possession of contraband when no occupant claims ownership.
A structure, vehicle, or place adapted for overnight accommodation of persons or for carrying on business therein, whether or not a person is actually present. If a building or structure is divided into separately occupied units, any unit not occupied by the actor is an occupied structure of another. Property is that of another if anyone other than the actor has a possessory or proprietary interest therein.
An event or happening. In insurance policies an occurrence is an accident or continuing condition that produces unexpected bodily injury or property damage from the insured's standpoint.
Persons who observed the events giving rise to the litigation. Their identities and locations are discoverable under Rule 26(b)(1) so that each party may learn the names and whereabouts of any eyewitness to the underlying occurrence.
A specialized intermediary in maritime shipping that arranges transportation of cargo by ocean carriers without issuing its own bill of lading. The forwarder coordinates with the shipper and the actual ocean carrier and receives compensation from both parties for its services.
A person or entity distinct from the defendant or actor. The phrase identifies the victim, owner, or possessor whose body, property, or legal interests are affected by the conduct.
A designation for a lawyer who maintains a regular and continuing relationship with a law firm without serving as a partner or associate. The arrangement allows the lawyer to assist the firm on matters while remaining independent for conflicts and compensation purposes.
An attorney who maintains an affiliation with a law firm without holding partner or associate status, typically providing specialized services or maintaining a flexible professional relationship.
A right to take a specified action, such as amending a pleading, without obtaining leave of court or consent from the opposing party when the action falls within the time periods fixed by rule.
A designation indicating that an attorney has appeared for a party in a court proceeding and must receive service of subsequent papers.
The constitutional protection against governmental interference with journalistic publication and newsgathering activities. This safeguard prohibits prior restraints on publication and bars compelled speech or targeted regulations that burden the press.
A statement, argument, or fact that does not address the precise legal issue presented in a case or proceeding.
A category of common-law crimes that safeguard the security and privacy of a dwelling by criminalizing unauthorized entry into such a structure with intent to commit a felony.
A public offense involving violence or conduct likely to cause an immediate disturbance of public order.
A limitation on the Sixth Amendment right to counsel that confines its protection to the specific offense for which formal adversary proceedings have begun. The right therefore does not bar questioning about unrelated uncharged crimes even after the right has attached to the charged offense.
A bodily contact that offends a reasonable sense of personal dignity. The contact need not cause physical injury. It supports battery liability when the actor intends to cause it and the contact occurs directly or indirectly.
A manifestation of willingness to enter into a bargain so made as to justify another person in understanding that assent to the bargain is invited and will conclude it. The manifestation must be definite enough to permit the offeree to understand that acceptance will form a contract.
A process of contract formation by which parties manifest mutual assent to an exchange through an offer by one party followed by an acceptance by the other.
The process by which one party manifests a willingness to enter into a bargain so as to justify the other in understanding that assent is invited and will conclude it, followed by a manifestation of assent by the other party in the manner invited or required by the offer.
A proposal by the owner of property to transfer an interest in exchange for consideration from a third party.
A procedural step by which a party whose evidence has been excluded informs the court of the substance of that evidence. The step creates a record that permits the trial judge to reconsider the ruling and allows an appellate court to assess whether exclusion affected a substantial right. It may consist of a narrative description by counsel, a question-and-answer session outside the jury's presence, or an affidavit.
An implied offer by a tenant to relinquish possession of leased premises that arises automatically upon the tenant's abandonment of the property. Acceptance of the offer by the landlord terminates the lease and limits the tenant's liability to rent accrued before acceptance plus damages caused by the abandonment.
A manifestation of willingness to enter into a bargain for the sale of goods or services on specified terms that empowers the recipient to conclude the transaction by acceptance.
A person to whom an offer is directed and who thereby acquires a power of acceptance. That power ends upon rejection, counter-offer, revocation received by the offeree, or lapse of time.
A party who makes an offer or proposal. In contract law the proposal invites acceptance and creates a power of acceptance in the recipient unless revoked or otherwise terminated.
A presentation of property to potential purchasers as available for acquisition in exchange for payment. The presentation triggers rights or obligations in third parties when the terms of any associated preemptive right are reasonable as to price and exercise period.
A procedural mechanism by which a party creates a record of the substance of evidence excluded by a trial court ruling. The mechanism allows an appellate court to determine whether the exclusion affected a substantial right. It is required when the substance of the excluded evidence is not already apparent from the context of the proceedings.
A position of duty, trust, or authority conferred by governmental authority for a public purpose.
A person designated by public authority whose duty it is to keep the peace and arrest persons guilty or suspected of crime.
An appointee who exercises significant authority pursuant to the laws of the United States. The position requires appointment in the manner prescribed by the Appointments Clause.
A category of federal positions whose holders exercise significant continuing authority pursuant to the laws of the United States. The positions are established by law and require appointment under the Appointments Clause. Holders include principal officers nominated by the President and confirmed by the Senate as well as inferior officers whose appointment Congress may vest elsewhere.
A document issued by an officer authorized to administer oaths under state law that records the testator's acknowledgment of the will and the attesting witnesses' sworn affidavits. The certificate, affixed under official seal, supplies the evidentiary foundation that permits a will to be treated as self-proved.
An act performed by the President in an official capacity. Such acts receive immunity from civil suit while unofficial acts receive no such protection.
Conduct performed by a government official within the scope of their official duties and authority.
The position or role in which a public officer, employee, or corporate officer performs the functions of an office or employment. Conduct undertaken in that role is attributed to the entity rather than the individual personally and triggers distinct procedural, immunity, and liability rules.
A public officer's corrupt violation of assigned duties by malfeasance, misfeasance, or nonfeasance.
A mechanism by which an administrative agency dispenses with formal proof by recognizing a fact as true without evidence from the parties. The agency must notify opposing parties and afford them an opportunity to rebut the noticed fact. Unlike judicial notice in court, official notice shifts the burden of proof rather than establishing the fact conclusively.
A criminal offense committed when a person acting or purporting to act in an official capacity knowingly subjects another to arrest, detention, search, seizure, mistreatment, dispossession, assessment, lien or other infringement of personal or property rights, or denies or impedes another in the exercise or enjoyment of any right, privilege, power or immunity.
A hearsay exception that admits records or reports of public agencies setting forth factual findings from investigations conducted pursuant to legal authority. The exception extends to opinions and conclusions within such reports when the reports are trustworthy.
The scope of duties and authority assigned to or exercised by a public official or employee in the performance of their position. Statements or acts fall within official responsibility when they are made or taken pursuant to job requirements or within the outer perimeter of the role.
A court official authorized to create a verbatim record of testimony and proceedings through shorthand or stenographic methods. The resulting transcript serves as the official account for use in grand jury sessions, preliminary hearings, and other proceedings where accuracy of the spoken word is required.
An authoritative statement of law issued by staff of the public officer or body charged with interpreting, administering, or enforcing a criminal statute. The statement supplies a narrow mistake-of-law defense when a defendant reasonably relies on it and the statement is later invalidated.
A pronouncement of legal rules or interpretations issued by a legislature, court, administrative agency, or authorized public official. The statement supplies the basis for a narrow mistake-of-law defense when a defendant reasonably relies on it and the statement is later determined to be invalid or erroneous.
A credit or reduction applied against a claim, obligation, recovery, or distribution to balance or compensate for an opposing amount already paid, owed, or received from another source.
Descendants or children of a person.
A federal insurance program funded by payroll taxes that provides monthly benefits to retired workers, their surviving spouses and dependents, and individuals who become disabled before retirement age.
A document handwritten by its author. A holographic will is valid when the testator's signature and the material portions of the document appear in the testator's handwriting even if the instrument fails to meet witnessed-will formalities.
A failure to perform an act or to include a required element when a legal duty or procedural requirement exists.
Conduct consisting of a failure to perform an act that a person is physically capable of performing. Liability for an offense may rest on such an omission only when the law defining the offense expressly makes the omission sufficient or when a special relationship, statute, contract, or undertaking creates a duty to act.
A statutory share in a testator's estate awarded to a child born or adopted after the will's execution when the testator had no living children at execution and omits any provision for the child. The share equals the intestate portion unless the will devised all or substantially all of the estate to the child's other parent who survives and takes under the will.
A statutory rule that entitles an after-born or unintentionally omitted child to receive a share of the testator's estate. The share equals the intestate portion when the testator had no living children at will execution unless the will devised all or substantially all of the estate to the omitted child's other parent who survives and takes under the will. When the testator already had living children at execution and devised property to them the omitted child's share is limited to the devises made to those then-living children.
A statutory protection granting a child born or adopted after a testator executes a will a share of the estate equal in value to the intestate share the child would have received. The protection applies when the testator had no living children at execution and made no provision for the later child. An exception withholds the share when the will devised all or substantially all of the estate to the omitted child's other parent who survives the testator and takes under the will.
A statutory protection awarding an intestate share to a surviving spouse married after the testator executed a will. The protection rests on the presumption that the testator did not intend to disinherit the new spouse. The presumption is rebutted if the will expresses an intent to disinherit the spouse, the testator provided for the spouse outside the will with the intent that the transfer substitute for a testamentary gift, or the spouse waived the right.
A principle of property law under which any structure or improvement permanently affixed to land becomes part of the real property itself. The maxim treats the affixed item as acceding to the soil so that it loses its separate character as personal property. Once united with the land the item is governed by real-property rules rather than rules applicable to chattels.
A principle establishing that every legal claim is subject to a statute of limitations barring enforcement after a prescribed period has elapsed.
A precedent that matches the facts and legal issues of the case at bar in all material respects.
The summons or request issued by a corporation's board of directors or by persons authorized in the articles or bylaws to convene a special meeting of shareholders.
An obligation or right that must be performed or exercised immediately upon request or presentation by the entitled party.
A document or statement that has been submitted to and is maintained in an official repository or record system. Submission places the item in the public or court record so that it is available for inspection and carries legal effect under applicable rules.
A quality or characteristic that appears directly from the text of a document or statute without need for extrinsic evidence or further inquiry. The phrase signals that the relevant feature is evident from the writing itself and does not depend on outside facts or later developments.
A state in which a party has received information or notification of a fact or proceeding that affects legal rights or obligations. Receipt of such information triggers duties to act, starts time periods, or imputes knowledge for priority and liability purposes.
A temporal specification requiring that an act or event occur no later than the designated date or time.
A phrase indicating that failure to comply with a requirement or command will result in the imposition of a specified penalty or consequence.
A case or authority that discusses the precise issue now at hand.
A procedural directive by which an appellate court or federal district court returns a case to a lower court or state court for further proceedings consistent with the higher court's ruling. The directive may address jurisdictional defects, bias concerns, or the need for additional fact-finding. It restores authority to the receiving court while limiting the scope of issues that may be reconsidered.
A contractual provision in a mortgage that authorizes the lender to declare the entire debt immediately due upon any transfer of the mortgaged property without the lender's consent. Federal law such as the Garn-St. Germain Act generally permits enforcement of these provisions. The clause protects the lender by allowing it to reassess the creditworthiness of any new owner.
A judgment or decision reached after a court has considered the substantive claims, evidence, and arguments of the parties rather than resolving the matter on procedural or jurisdictional grounds.
A judgment rendered for reasons apparent from the faces of the complaint and answer without hearing or evaluating evidence or substantive arguments.
An official transcript or recording of statements, testimony, or rulings made during a judicial proceeding such as a trial or deposition.
A witness's position while giving sworn testimony during a judicial proceeding.
A circumstance in which police questioning or statements seek to address an immediate threat of harm or to secure assistance rather than to document past events for prosecution. The existence of such a circumstance turns on objective factors including whether the perpetrator remains at large, the scope of danger to the victim or public, and the type of weapon involved.
A doctrine under the Confrontation Clause that renders out-of-court statements nontestimonial and admissible without cross-examination when made to enable police to respond to an ongoing emergency.
A constitutional protection that bars retrial for the same offense after the defendant has been placed in jeopardy. Jeopardy attaches in a jury trial when the jury is empaneled and sworn.
A procedural requirement in federal habeas corpus litigation obligating a state prisoner to present federal constitutional claims to the state's highest court through its normal direct appeal channels, including any available discretionary review, before filing a petition in federal court.
The constitutional clause vesting the judicial power of the United States in one supreme Court and in such inferior courts as Congress may from time to time ordain and establish. Judges of the supreme and inferior courts hold their offices during good behavior and receive compensation that shall not be diminished during their continuance in office.
A legislative mechanism by which one chamber of Congress nullifies an executive action or decision. The mechanism alters the legal rights or duties of persons outside the legislative branch. It violates the Constitution because it bypasses the requirements of bicameral passage and presentment to the President.
A legislative mechanism by which one chamber of Congress purports to nullify an executive or agency decision without passage by the other chamber or presentment to the President. The mechanism alters the legal rights or duties of persons outside the legislative branch and therefore constitutes an exercise of legislative power. Any such exercise must satisfy the bicameralism and presentment requirements of Article I.
An identification procedure in which police present a single suspect to a witness for viewing. The procedure occurs after formal adversarial proceedings have begun and constitutes a critical stage at which the Sixth Amendment right to counsel attaches.
A pretrial identification procedure in which law enforcement officers present a single suspect to an eyewitness for identification.
A corporeal identification procedure in which law enforcement presents a single suspect to a witness. The procedure occurs after formal adversarial proceedings have begun and therefore constitutes a critical stage at which the Sixth Amendment right to counsel attaches.
A pretrial identification procedure in which law enforcement presents a single suspect to a witness for viewing. The procedure constitutes a critical stage of the prosecution once formal adversarial proceedings have begun. Counsel must be present or the resulting identification is subject to exclusion.
A statutory rule within the Statute of Frauds that renders unenforceable any contract whose terms make full performance impossible within one year from formation unless evidenced by a signed writing. The rule looks solely to the terms at formation and treats impossibility of completion within the year as decisive regardless of actual duration or later events.
An archaic Latin verb denoting the act of imposing a burden or load upon a person or thing.
Excessively burdensome or troublesome. Causing hardship. The label applies when an obligation or demand imposes weight that outweighs any corresponding benefit or when performance becomes materially more difficult than originally contemplated.
A circumstance in which police questioning primarily seeks to resolve an immediate threat to safety rather than to document past events for later prosecution. The existence of such a circumstance renders the resulting statements nontestimonial and therefore admissible without confrontation even if the declarant does not testify at trial.
A burden or obligation, especially the duty to prove a particular fact or proposition in litigation.
A party's duty to prove a disputed assertion or charge. It encompasses both the burden of production and the burden of persuasion.
A principle requiring that an organization receiving personal data from the European Union may transfer that data to a third party only if the third party is bound by the same privacy protections.
A court's written explanation of the reasons for its decision.
Possession of land that is visible and obvious enough to put a reasonably attentive true owner on notice that someone is asserting a claim to the property.
A requirement for adverse possession or a prescriptive easement consisting of possession or use that is visible and apparent to a reasonable owner so that the true owner or an agent visiting the premises might readily see that rights are being invaded.
A judicial proceeding conducted in a public forum where the public may attend and observe. The proceeding occurs with a judge presiding and formal entries made on the record rather than in chambers or in camera.
A constitutional and procedural principle requiring that judicial proceedings occur publicly before the court. Witness testimony must be presented orally in the presence of the judge and parties unless a statute or rule authorizes another method. Verdicts and certain consents must also be announced or recorded in open court.
A government-owned space or facility opened for expressive activity by the public or designated groups. Content-based restrictions on speech in such a space are subject to strict scrutiny under the First Amendment and are presumptively invalid.
The open ocean beyond the territorial jurisdiction of any nation. The term identifies waters where no single country exercises sovereignty and where federal authority over commerce, piracy, and maritime offenses applies.
A quality of possession required for adverse possession under which the claimant's use of the land is sufficiently apparent and unconcealed that a diligent owner would have notice of the intrusion. The use must be visible to the common observer and conducted without efforts at secrecy so that the record owner receives actual or constructive knowledge of the claim.
The four elements of possession required to establish adverse possession or a prescriptive easement. Open and notorious use means the claimant's activities are visible and obvious to a reasonable owner inspecting the land. Hostile use means the claimant acts without permission and under a claim of right. Continuous use means the activities occur without significant interruption for the full statutory period, with seasonal patterns permitted when consistent with the land's character.
An attribute of a patented invention consisting in its capacity to function as the specification describes it. A patent examiner may challenge operability and require proof such as a working model demonstration.
A legal mechanism by which rights, liabilities, or interests arise automatically under applicable rules without regard to the parties' intent or affirmative acts. The mechanism supplies the legal consequence directly once the triggering facts occur.
A legal communication or instrument that has taken effect and produces binding consequences.
A fact that is central to the determination of a legal issue in a proceeding. It directly affects how the law applies to the parties rather than serving as mere background or context. Courts and agencies rely on operative facts to decide questions such as jurisdiction, liability, or the validity of government action.
An aggregation of events and circumstances that give rise to one or more legal claims. These facts determine whether claims share a common nucleus sufficient for a federal court to exercise supplemental jurisdiction over claims lacking an independent basis for federal subject-matter jurisdiction.
An archaic verb describing the act of pawning or pledging property as security for a debt or other obligation.
An adverse party in a contested proceeding. The term identifies the party whose interests are directly opposed to those of the speaker or movant.
A procedural entitlement or occasion granted to a party to take a specified action or present information before a court or other decision-maker. The entitlement arises under rules that condition further proceedings or liability on the party's receipt of that chance. It ensures basic fairness by allowing response, investigation, or disclosure before adverse consequences attach.
An element of the former-testimony hearsay exception requiring that the party against whom the testimony is offered—or, in a civil case, that party's predecessor in interest—had an opportunity and similar motive to develop the testimony by examination in the prior proceeding.
A procedural safeguard requiring that a party receive notice of proposed adverse action and a chance to present arguments or evidence before a decisionmaker imposes sanctions, terminates benefits, or takes other significant steps affecting protected interests. The safeguard ensures the affected party can address the factual or legal basis for the action. Courts and agencies balance the private interest at stake against the risk of error and the government's administrative burdens when determining the form and timing of the opportunity.
A party that objects to admission of a record by showing that the source of the information or the circumstances of preparation indicate a lack of trustworthiness.
A statement offered against an opposing party that was made by the party in an individual or representative capacity, by a person authorized by the party, by the party's agent or employee on a matter within the scope of the relationship while it existed, or by a coconspirator during the conspiracy.
A formal challenge or objection raised against a proposed legal action, claim, or application in a proceeding.
A formal administrative challenge filed with the Trademark Trial and Appeal Board by a party claiming it would be damaged by the registration of a mark. The proceeding must be commenced within thirty days after publication of the mark in the Official Gazette.
Unfair treatment of minority shareholders by those in control of a close corporation, typically through exclusion from management, diversion of assets, or denial of information and benefits.
A principle guiding courts in refusing to enforce unconscionable contract terms. It targets substantive harshness that oppresses one party and procedural unfairness that surprises the other with unexpected or hidden terms.
Discovery requests or tactics that subject a party or person to annoyance, embarrassment, or undue burden or expense. A court may issue a protective order upon a showing of good cause to shield against such conduct after the movant certifies a good-faith effort to resolve the dispute without court intervention.
A form of majority or controlling shareholder conduct in a closely held corporation that substantially defeats the reasonable expectations of minority shareholders regarding honest management, fair participation, and return on investment. The expectations must be objectively reasonable under the circumstances and central to the minority's decision to invest. Such conduct often takes the form of freeze-out tactics that leave the minority with no ready market for shares.
A binding promise by an offeror to keep an offer open for a specified period. The promise prevents revocation during that time when supported by consideration or statute.
A promise that limits an offeror's power to revoke an offer for a stated period. The promise becomes binding when supported by consideration recited in a signed writing or when the offeree begins the invited performance.
A contract by which an offeror promises to keep an offer open for a specified period. The promise is supported by consideration or another validating device such as a signed writing reciting consideration or part performance of a unilateral offer.
An irrevocable offer to sell property or securities at a fixed price during a stated period, supported by separate consideration that binds the offeror to keep the offer open.
A contract granting the holder the right to buy specified real property at a predetermined price within a stated period. Separate consideration renders the offer irrevocable for the option term. The duration is a reasonable time when no term is stated.
A contractual right granting the holder the power to compel the sale of property or securities at a predetermined price within a defined period. The right is supported by consideration that renders the offer irrevocable for its stated duration.
An adjective describing a communication, agreement, or statement that is spoken rather than written.
A contract formed by spoken words or conduct rather than by a signed writing. The agreement is subject to the statute of frauds when it falls within one of the enumerated categories, but a sufficient memorandum or an applicable exception may render it enforceable.
A discovery procedure in which a witness gives sworn oral testimony in response to questions from counsel. The testimony is recorded by a court reporter and may be used at trial for impeachment or as substantive evidence when the declarant is unavailable.
A pretrial discovery method in which parties obtain sworn testimony from witnesses through questioning under oath outside of court.
A method of proving the contents of a memorandum that satisfies the statute of frauds when the original writing has been lost or destroyed. The statute of frauds serves an evidentiary purpose but is not itself a rule of evidence. Secondary proof through an unsigned copy or oral evidence therefore remains available to establish the memorandum's terms.
A lease agreement formed without a signed writing. The agreement creates a valid landlord-tenant relationship when its stated duration does not exceed the maximum term permitted by the controlling Statute of Frauds.
A trust of personal property created by oral declaration rather than a written instrument. Its existence and terms must be shown by clear and convincing evidence.
A plaintiff or petitioner in an action in chancery.
A command or direction issued by a court, judge, or other governmental authority that requires a party to take or refrain from a specified action.
A formal written directive issued by a court or other authority that requires or authorizes a particular action or decision. It binds parties to comply with its terms and may trigger sanctions for noncompliance.
A court order issued for good cause to shield a party or person from annoyance, embarrassment, oppression, or undue burden or expense during discovery or related proceedings. The motion must certify a good-faith effort to resolve the dispute without court intervention. The court may forbid disclosure, specify terms for discovery, or allocate expenses.
A prescribed ranking according to which claims against an estate, interests in property, or other obligations are satisfied or positions are filled in a specified sequence.
A court order issued to safeguard a party or individual from annoyance, embarrassment, oppression, or undue burden or expense during litigation or related proceedings.
Words in a promise or order to pay that designate the payee as bearer or as a specified person or order. These words satisfy the requirement for negotiability under commercial law when the instrument otherwise meets the statutory criteria.
A court order that shields a party or person from annoyance, embarrassment, oppression, or undue burden or expense during litigation.
A municipal regulation enacted by a city or town council on subjects the state has authorized local governments to address. It functions as local legislation within the bounds of state enabling authority and must comply with higher constitutional and statutory requirements.
The objective standard of conduct to which a person must conform to avoid negligence liability. It requires conformity to the care that a person of ordinary prudence would exercise under like circumstances.
A standard of conduct to which an actor must conform to avoid negligence or other liability. The standard measures what a person of ordinary prudence would do under like circumstances, taking into account the nature and purpose of the conduct and the circumstances known to the actor.
An adjective describing events, conduct, or persons that conform to the regular or usual course of affairs in a given context.
A standard of interpretation that assigns to words in a legal instrument the meaning they would ordinarily carry to a person of ordinary skill or understanding in the relevant field or context.
The objective benchmark for determining whether an actor has exercised reasonable care under the circumstances. It requires conduct that a person of ordinary intelligence and prudence would exhibit when confronted with similar facts and risks.
An activity or practice that forms part of the regular and customary operations of a business entity. The concept identifies conduct that aligns with established commercial routines rather than extraordinary or policy-level decisions.
Routine activities undertaken by a business or partnership in its regular affairs. An act falls within ordinary business operations when it aligns with the entity's customary practices and does not require unanimous partner consent or special authorization.
A standard of conduct requiring a person to act with the degree of care that a reasonably prudent person would exercise under similar circumstances.
A standard of conduct requiring a person to act with the degree of care that a reasonably prudent person would exercise in the same or similar circumstances.
Routine activities undertaken in the normal operation of a business or entity. An act falls within ordinary course when it aligns with the entity's established practices and does not require special authorization or deviate from typical operations.
A transaction or activity that is routine and typical for the type of business conducted by the party involved. It encompasses dealings that occur regularly in the normal operation of an enterprise without requiring special authorization or court approval.
A standard or practice that aligns with the routine operations and customary dealings of a business or entity. It determines whether a transaction or act receives special legal protection or treatment under statutes and rules that reference ordinary business conduct.
An expected level of care or effort that a reasonable person would exercise under the circumstances to fulfill a legal duty or protect an interest. The standard requires timely and appropriate steps to discover relevant facts, give required notices, or manage entrusted matters without demanding extraordinary measures.
The standard of care that a reasonably prudent person would exercise under the circumstances when performing duties owed to another. It requires attention to facts that ordinary experience and intelligence would reveal plus any additional facts discoverable through the knowledge and intelligence the actor possesses or purports to possess.
Conduct falling below the standard of care that a reasonably prudent person would exercise under the circumstances. It gives rise to tort liability when it proximately causes harm to a foreseeable plaintiff, but it does not encompass intentional, wanton, or willful disregard of others' rights.
A standard of tort liability requiring a defendant to exercise the care that a reasonably prudent person would exercise under the circumstances. Recovery follows when that failure proximately causes harm to a foreseeable plaintiff.
Deterioration resulting from the intended use of leased premises or property, including effects of age and normal operation but excluding damage from negligence or abuse.
A category of attorney work product consisting of factual materials prepared in anticipation of litigation that do not contain an attorney's mental impressions, conclusions, opinions, or legal theories. Such materials receive qualified protection and are discoverable only upon a showing of substantial need and inability to obtain the substantial equivalent without undue hardship.
A hypothetical individual whose conduct represents the objective standard of reasonable care under the circumstances. The standard measures whether a defendant has acted with ordinary care or has deviated grossly enough to support criminal negligence or other liability.
A principle requiring courts to follow a prescribed sequence when hearing cases and rendering judgments.
The French term for a law, decree, or ordinance.
A fundamental principle of public policy that renders certain agreements or applications of law unenforceable when they contravene essential societal interests. Courts invoke the principle to void contractual terms that eliminate statutory protections, to refuse recognition of foreign law, or to invalidate trusts and servitudes whose purposes undermine core community values.
An adverbial phrase denoting that a legal act or presentation occurs orally rather than in writing. It applies when a court or party proceeds by spoken statements, evidence, or agreements instead of formal documents.
An entity formed by persons for a common purpose. The entity may take the form of a corporation, partnership, association, governmental agency, or similar body. Designated representatives of the entity may act or testify on its behalf in legal proceedings.
A meeting held after incorporation to complete the formation of a corporation by electing directors, adopting bylaws, appointing officers, and addressing other initial matters. When the articles name initial directors, those directors must hold the meeting at the call of a majority. When the articles do not name initial directors, the incorporators must hold the meeting at the call of a majority of the incorporators.
Widespread criminal activities coordinated and controlled through a central syndicate.
A person who first employs or threatens unlawful force against another in a confrontation. The label triggers a duty to withdraw and give notice before regaining any right to self-defense and permits the prosecution in a homicide case to introduce evidence of the alleged victim's peacefulness once the defense claims the victim started the fight.
A direct undertaking by which the promisor creates a primary obligation of its own.
A writing, recording, or photograph that serves as the primary evidence of its own content under the best evidence rule. Secondary evidence of that content is admissible only when the original is unavailable for reasons such as loss or destruction without bad faith by the proponent or when a statute or rule permits an exception.
A court's authority to hear and decide a case in the first instance rather than on appeal from another tribunal. The Constitution assigns this authority to the Supreme Court in a narrow set of cases involving ambassadors and states. Federal statutes extend it to the district courts for actions arising under federal law and for certain other enumerated matters.
The original contracting party who undertook a duty or made a promise in an agreement creating a covenant or contract. That party remains bound by the obligation even after any delegation of performance or transfer of the burdened land.
A court-appointed custodian of mortgaged property installed at the request of a junior mortgagee. The custodian collects rents and applies them first to taxes and reasonable maintenance before retaining any net proceeds for the junior mortgagee. A later-appointed receiver for a senior mortgagee cannot recover those net amounts already collected.
A person or persons who first disclose fraud to the government, derived from direct and indirect information on which a qui tam complaint is based under the False Claims Act or a similar state law.
A quality of a work that requires it to be the product of independent creation by the author and to possess at least a minimal degree of creativity. This standard is satisfied when the author contributes original expression rather than copying from another source.
The sender of the first payment order in a funds transfer. The term identifies the party that initiates the series of transactions intended to move funds to a beneficiary.
A doctrine under which a principal becomes bound by the acts of another when the principal's own manifestations to a third party reasonably cause that third party to believe the other person is authorized to act for the principal.
An individual who reasonably appears to possess authority to act on behalf of another. The appearance of authority arises from the principal's manifestations to third parties, allowing the ostensible agent to alter the principal's legal relations with those parties even without actual authority.
The power of an agent to affect the legal relations of the principal with third persons by transactions professedly on the principal's behalf. The power arises from the principal's manifestations to the third persons that reasonably cause them to believe the principal consents to the agent's acts.
Evidence of a person's crimes, wrongs, or other acts offered to prove a fact other than character or propensity, such as motive, opportunity, intent, preparation, plan, knowledge, identity, or absence of mistake or accident.
Conduct or actions by a party distinct from the principal transaction, event, or charged act under consideration. Such conduct may manifest assent, contribute to liability, advance corporate purposes, or serve as proof of motive, intent, or plan when offered for a non-propensity purpose.
A factor beyond strict legal rules that a lawyer may incorporate when rendering advice to a client. The factor may include moral, economic, social, or political elements relevant to the client's situation.
An evidentiary prohibition barring the use of a person's other crimes, wrongs, or acts to prove character in order to show that the person acted in accordance with that character on a particular occasion. The prohibition does not apply when the evidence is offered for a non-character purpose such as proving motive, opportunity, intent, preparation, plan, knowledge, identity, absence of mistake, or lack of accident.
A petty misdemeanor consisting of making a false statement under oath or equivalent affirmation when the statement is required by law to be sworn before a notary or other person authorized to administer oaths.
An element of expectation damages in contract law consisting of incidental and consequential losses caused by the breach in addition to the loss in value of the promised performance.
Property belonging to a client or third person that a lawyer holds in connection with a representation. The lawyer must keep it separate from the lawyer's own property, identify it as such, and safeguard it appropriately while maintaining complete records.
Information or material that members of the public can access without legal restriction. The phrase identifies material that loses protected status because it is already open to general examination.
A wrongful dispossession or exclusion from possession of real property.
An intentional interference with another's possessory interest in property by depriving the possessor of physical control or access to land or a chattel.
A location or origin outside the territorial boundaries of a given state.
An adjective describing actions, statements, or activities occurring outside formal judicial proceedings. Such conduct or declarations take place beyond the courtroom setting and are not made under oath or as part of an official hearing or trial.
An identification of a suspect made by a witness before trial through procedures such as a lineup, showup, or photographic array. The procedure triggers Sixth Amendment or due process scrutiny when arranged by police after adversarial proceedings begin or when it is unnecessarily suggestive.
A statement that a declarant does not make while testifying at the current trial or hearing.
A statement made outside the current trial or hearing and offered to prove the truth of the matter asserted. Such statements trigger the hearsay rule unless they qualify for an exclusion or exception.
Compensatory damages awarded for a harm other than one for which general damages are given.
A child born to parents who are not married to each other. The classification triggers constitutional protections against punitive treatment in custody, support, and inheritance matters and supplies a default rule of inclusion in class gifts from a genetic parent.
A test used in Erie analysis to classify a legal rule as substantive when applying a different federal rule would produce a result materially different from the result that a state court would reach on the same claim.
A test applied in diversity cases to classify state rules as substantive or procedural for Erie purposes. An issue qualifies as substantive when disregarding the state rule would substantially affect the litigation outcome and produce a result in federal court materially different from the result a state court would reach.
Conduct so extreme that it exceeds all reasonable bounds of human decency. Such conduct supports liability when it intentionally or recklessly causes severe emotional distress to another and may also justify punitive damages when it reflects evil motive or reckless indifference to others' rights.
Extreme and outrageous conduct that intentionally or recklessly causes severe emotional distress to another. Liability attaches for the resulting emotional distress and for any bodily harm that follows from it.
A person or entity that is not a direct participant in a transaction, agreement, or legal proceeding.
An encumbrance or claim on real property that has not been released or extinguished. Such an interest may render title unmarketable if it creates reasonable doubt for a prudent purchaser.
The unpaid amount remaining on a secured obligation after application of payments and credits. In mortgage contexts this figure determines the extent of any deficiency judgment after a foreclosure sale.
Shares of a corporation that have been issued to shareholders and remain in their hands. Such shares continue in that status until the corporation reacquires, redeems, converts, or cancels them.
Shares of a corporation that have been issued to shareholders and have not been reacquired, redeemed, converted, or cancelled. These shares carry voting rights on corporate matters and represent the equity interests that determine control and economic entitlements at any given time.
Shares of a corporation that have been issued to shareholders and remain in their hands. Such shares stay outstanding until the corporation reacquires, redeems, converts, or cancels them.
An arrest warrant that has been issued by a court but remains unexecuted by law enforcement officers.
A feature of a statute or ordinance that sweeps more broadly than its justifying purpose requires while simultaneously leaving unregulated some conduct that the purpose would encompass.
A characteristic of a legal rule that reaches conduct beyond its intended purpose or fails to reach all conduct within that purpose.
A classification that reaches more individuals or conduct than necessary to advance the government's objective. The classification is invalid when the overbreadth is substantial relative to the law's legitimate sweep and the challenger meets the burden of demonstrating that scope.
A classification or regulation that reaches more persons, conduct, or speech than necessary to advance the government's asserted interest. The over-inclusiveness is evaluated under the applicable level of scrutiny as part of the means-ends fit analysis.
A constitutional doctrine under which a law is facially invalid if it prohibits a substantial amount of protected speech relative to its plainly legitimate sweep. The challenger must demonstrate that the overbreadth is substantial. A statute that is not substantially overbroad remains enforceable against unprotected conduct even if some applications might reach protected speech.
A First Amendment doctrine that renders a law regulating speech facially invalid only when it prohibits a substantial amount of protected speech relative to its plainly legitimate sweep. The challenger bears the burden of demonstrating that substantial overbreadth.
A First Amendment doctrine allowing facial invalidation of a speech regulation that prohibits a substantial amount of protected expression relative to its plainly legitimate sweep. The challenger bears the burden of showing substantial overbreadth. A statute lacking substantial overbreadth remains enforceable against unprotected conduct even if some applications might reach protected speech.
A facial challenge asserting that a statute regulating speech is invalid because it prohibits a substantial amount of protected expression relative to its plainly legitimate sweep. The challenger bears the burden of demonstrating that the overbreadth is substantial. A statute that is not substantially overbroad remains enforceable against unprotected conduct.
A doctrine permitting a facial challenge to a law regulating speech when the law prohibits a substantial amount of protected speech judged against its plainly legitimate sweep. The challenger bears the burden of proving that the overbreadth is substantial. A statute that is not substantially overbroad remains enforceable against unprotected conduct even if some hypothetical applications would reach protected speech.
A constitutional doctrine that permits facial invalidation of a statute regulating speech when the law prohibits a substantial amount of protected expression judged against its plainly legitimate sweep. The challenger may prevail without showing the statute is unconstitutional as applied to the challenger's own conduct. The doctrine rests on the risk that an overbroad law will chill protected speech by persons not before the court.
A First Amendment doctrine that allows a litigant to challenge a speech-restricting law on its face when the law prohibits a substantial amount of protected speech judged against its plainly legitimate sweep. The challenger must demonstrate that the overbreadth is substantial. A statute that is not substantially overbroad remains enforceable against unprotected conduct.
A First Amendment doctrine permitting a facial challenge to a statute when the law prohibits a substantial amount of protected speech judged against its plainly legitimate sweep.
A First Amendment doctrine under which a law regulating speech is facially invalid if it prohibits a substantial amount of protected speech when judged in relation to its plainly legitimate sweep. The challenger bears the burden of demonstrating that substantial overbreadth. A statute that is not substantially overbroad remains enforceable against unprotected conduct even if some hypothetical applications would reach protected speech.
A doctrine permitting facial invalidation of a speech regulation under the First Amendment when the law prohibits a substantial amount of protected speech relative to its plainly legitimate sweep. The challenger bears the burden of demonstrating that substantial overbreadth. A statute that is not substantially overbroad remains enforceable against unprotected conduct even if some hypothetical applications would reach protected speech.
Reasoning rejected under intermediate scrutiny for gender classifications. It consists of assumptions about the talents, capacities, or roles of men and women that lack genuine evidentiary support and tend to perpetuate stereotypes of inferiority.
A regulation of speech that prohibits a substantial amount of protected expression when judged against the regulation's plainly legitimate sweep. The challenger must demonstrate that the overbreadth is substantial. A regulation that is not substantially overbroad remains enforceable against unprotected conduct.
Action or effort sufficient to prevail over resistance, a presumption, or another's free will.
The status of a person who stays overnight in the home of another. This status generally confers a reasonable expectation of privacy in the host's residence sufficient to challenge a warrantless search under the Fourth Amendment.
Conduct by which one party takes unfair advantage of another through exploitation, artifice, or improper pressure. The doctrine protects vulnerable parties from being overborne in transactions or statements.
A judicial or legislative action that prevails over or nullifies another rule, right, or interest. The action occurs when a higher authority or constitutional command displaces a conflicting lower rule or private preference.
A governmental objective of sufficient weight to justify a burden on constitutional rights when strict scrutiny applies. The interest must be compelling and the means chosen must be narrowly tailored to achieve it. Courts evaluate whether the asserted objective qualifies as overriding by examining its importance relative to the protected right at stake.
A compelling governmental interest that justifies limiting public and press access to criminal proceedings. The interest must be identified through specific on-the-record findings, and any resulting closure must be narrowly tailored after consideration of reasonable alternatives.
A governmental interest of the highest order that justifies limiting constitutional rights such as public access to criminal trials or certain forms of speech. Courts may act on such an interest only after making specific findings that the interest is likely to be prejudiced by the protected activity and after adopting a restriction that is narrowly tailored to protect it.
A judicial decision that expressly declares a prior precedent no longer controlling law. The decision substitutes a new principle that lower courts must follow.
A board of directors' responsibility to monitor and supervise the corporation's business and affairs. Directors discharge this duty by remaining informed about corporate operations and making appropriate inquiry when circumstances warrant attention.
An adjective characterizing conduct or an act as open and observable rather than concealed or secret.
An outward act, however innocent in itself, done in furtherance of a conspiracy, attempt, or treason. The act demonstrates that the criminal design has moved beyond mere mental formulation into implementation.
An act performed by a party to a criminal agreement or attempt to advance the unlawful objective. The act supplies the required actus reus element in jurisdictions that impose an overt-act requirement and marks the point at which withdrawal ceases to be a defense to attempt.
An affirmative step taken by one of the conspirators to advance the criminal objective of their agreement. The step must go beyond mere preparation and must be performed in pursuance of the conspiracy.
A statutory or common-law rule requiring proof of an act in furtherance of a conspiracy or attempt beyond mere agreement or preparation. The rule varies by jurisdiction and offense. At common law conspiracy is complete upon agreement alone while the Model Penal Code demands an overt act for lesser felonies. For attempt the act must advance dangerously close to completion under the proximity test.
An act performed in furtherance of a conspiracy or attempt that exceeds mere preparation.
To be under a legal obligation requiring a party to pay a sum, perform an act, or refrain from conduct, with liability attaching for breach.
An amount or duty that remains unpaid or due to another party. The term identifies an obligation that has not yet been satisfied and that exposes the obligor to liability upon breach.
To hold legal title to property or to rightfully possess it as one's own.
A form of pretrial release in which a court frees a defendant from custody upon the defendant's unsecured promise to appear at all future proceedings. The release requires no posting of bail or other security and rests on a judicial finding that the defendant poses minimal risk of flight or danger to the community.
A form of pretrial release in which a defendant is freed from custody based solely on a promise to appear in court for all required proceedings. The release may include conditions such as supervision or participation in a rehabilitation program. Failure to comply with those conditions can result in reincarceration.
One who has the right to possess, use, and convey something. A person in whom one or more interests are vested may hold complete property or may have parted with some interests such as by granting an easement or making a lease.
A person in whose name title to property appears in the public records.
A bundle of rights allowing one to use, manage, and enjoy property, including the right to convey it to others. Ownership implies the right to possess a thing regardless of actual control and is determined by legal title rather than mere occupancy or possession.
A form of concurrent ownership in which two or more persons hold undivided interests in property. Each interest is freely alienable and passes to the holder's heirs or successors upon death rather than by survivorship.
A legal right in property that confers authority to use, transfer, or designate recipients of the property. The interest may be full ownership or a fractional stake and is distinguished from lesser rights such as liens or encumbrances.
A relationship to property by which a person holds title or exercises authority over it.
An interest in property or an entity that confers rights of ownership or investment, including equity, debt, or other holdings that allow the holder to benefit from or control the asset.