SettingsLegal doctrines and principles
Abstention doctrine
An abstention doctrine is any of several doctrines that a court of law in the United States of America might apply to refuse to hear a case, when hearing the case would potentially intrude upon ...
An abstention doctrine is any of several doctrines that a court of law in the United States of America might apply to refuse to hear a case, when hearing the case would potentially intrude upon ...
Abstraction principle (law)
The abstraction principle or Abstraktionsprinzip is a legal term in German law relating to the law of obligations (Schuldrecht) and property law (Eigentumsrecht).
The abstraction principle or Abstraktionsprinzip is a legal term in German law relating to the law of obligations (Schuldrecht) and property law (Eigentumsrecht).
Acquiescence
Acquiescence is a legal term used to describe an act where a person is lost in their mind and this is classified as brain dead.
Acquiescence is a legal term used to describe an act where a person is lost in their mind and this is classified as brain dead.
Act of State doctrine
The Act of State Doctrine says that a nation is sovereign within its own borders, and its domestic actions may not be questioned in the courts of another nation.
The Act of State Doctrine says that a nation is sovereign within its own borders, and its domestic actions may not be questioned in the courts of another nation.
Agent of Record
An Agent of Record is an individual or a legal entity with a duly properly executed in line with the prevailing legal norms and regulations contractual agreement with an insurance policy owner.
An Agent of Record is an individual or a legal entity with a duly properly executed in line with the prevailing legal norms and regulations contractual agreement with an insurance policy owner.
Agent of record
An agent of record is an individual or a legal entity with a duly properly executed in line with the prevailing legal norms and regulations contractual agreement with an insurance policy owner.
An agent of record is an individual or a legal entity with a duly properly executed in line with the prevailing legal norms and regulations contractual agreement with an insurance policy owner.
Assignment of income doctrine
The assignment of income doctrine is a judicial doctrine developed in United States case law by courts trying to limit tax evasion.
The assignment of income doctrine is a judicial doctrine developed in United States case law by courts trying to limit tax evasion.
Assumption of risk
Assumption of risk is a defense in the law of torts, which bars a plaintiff from recovery against a negligent tortfeasor if the defendant can demonstrate that the plaintiff voluntarily and knowi...
Assumption of risk is a defense in the law of torts, which bars a plaintiff from recovery against a negligent tortfeasor if the defendant can demonstrate that the plaintiff voluntarily and knowi...
Attractive nuisance doctrine
In the law of torts, the attractive nuisance doctrine states that a landowner may be held liable for injuries to children trespassing on the land if the injury is caused by a hazardous object or...
In the law of torts, the attractive nuisance doctrine states that a landowner may be held liable for injuries to children trespassing on the land if the injury is caused by a hazardous object or...
Audi alteram partem
Audi alteram partem (or audiatur et altera pars) is a Latin phrase that literally means "hear the other side" or "hear the alternative party".
Audi alteram partem (or audiatur et altera pars) is a Latin phrase that literally means "hear the other side" or "hear the alternative party".
Beneficium inventarii
Beneficium inventarii (literally benefit of the inventory) is a legal doctrine introduced into Roman law by Justinian I to limit the liability of heirs resulting from an insolvent estate.
Beneficium inventarii (literally benefit of the inventory) is a legal doctrine introduced into Roman law by Justinian I to limit the liability of heirs resulting from an insolvent estate.
Benefit of the inventory
Beneficium inventarii (literally benefit of the inventory) is a legal doctrine introduced into Roman law by Justinian I to limit the liability of heirs resulting from an insolvent estate.
Beneficium inventarii (literally benefit of the inventory) is a legal doctrine introduced into Roman law by Justinian I to limit the liability of heirs resulting from an insolvent estate.
Best interests
Best interests or best interests of the child is the doctrine used by most courts to determine a wide range of issues relating to the well-being of children.
Best interests or best interests of the child is the doctrine used by most courts to determine a wide range of issues relating to the well-being of children.
Betamax principle
The Betamax principle is a legal principle which states that when a certain property of a device or system has an application, which is legal and commercial sense, but harmful to a certain party...
The Betamax principle is a legal principle which states that when a certain property of a device or system has an application, which is legal and commercial sense, but harmful to a certain party...
Blue pencil doctrine
The blue pencil doctrine is a legal concept in common law countries, where a court finds that a portion of contract is void or unenforceable, but the other part of the contract is enforceable.
The blue pencil doctrine is a legal concept in common law countries, where a court finds that a portion of contract is void or unenforceable, but the other part of the contract is enforceable.
Boulevard rule
The boulevard rule is a principle in United States traffic law which states that the driver of a vehicle entering a highway from a smaller road or entrance (called the unfavored driver) must...
The boulevard rule is a principle in United States traffic law which states that the driver of a vehicle entering a highway from a smaller road or entrance (called the unfavored driver) must...
Calculus of negligence
In the United States, the calculus of negligence, or Hand rule or Hand formula, is a term coined by Judge Learned Hand and describes a process for determining whether a legal duty of...
In the United States, the calculus of negligence, or Hand rule or Hand formula, is a term coined by Judge Learned Hand and describes a process for determining whether a legal duty of...
Capacity (law)
The capacity of both natural and legal persons determines whether they may make binding amendments to their rights, duties and obligations, such as getting married or merging, entering into cont...
The capacity of both natural and legal persons determines whether they may make binding amendments to their rights, duties and obligations, such as getting married or merging, entering into cont...
Carltona doctrine
The Carltona doctrine (or Carltona principle) expresses the idea that, in United Kingdom law, the acts of government departmental officials are synonymous with the actions of the minister ...
The Carltona doctrine (or Carltona principle) expresses the idea that, in United Kingdom law, the acts of government departmental officials are synonymous with the actions of the minister ...
Castle doctrine
A Castle Doctrine is an American legal doctrine that designates a person's abode as a place in which the person has certain protections and immunities and may in certain circumstances use force,...
A Castle Doctrine is an American legal doctrine that designates a person's abode as a place in which the person has certain protections and immunities and may in certain circumstances use force,...
Caveat emptor
Caveat emptor is Latin for "Let the buyer beware."
Caveat emptor is Latin for "Let the buyer beware."
Clausula rebus sic stantibus
In public international law, clausula rebus sic stantibus (Latin for "things thus standing") is the legal doctrine allowing for treaties to become inapplicable because of a fundamental chang...
In public international law, clausula rebus sic stantibus (Latin for "things thus standing") is the legal doctrine allowing for treaties to become inapplicable because of a fundamental chang...
Command responsibility
Command responsibility, sometimes referred to as the Yamashita standard or the Medina standard, and also known as superior responsibility, is the doctrine of hierarchical acc...
Command responsibility, sometimes referred to as the Yamashita standard or the Medina standard, and also known as superior responsibility, is the doctrine of hierarchical acc...
Common employment
Common employment was an historical defence in English tort law that said workers implicitly undertook the risks of being injured by their co-workers, with whom they were in "common employment".
Common employment was an historical defence in English tort law that said workers implicitly undertook the risks of being injured by their co-workers, with whom they were in "common employment".
Comparative negligence
Comparative negligence, or non-absolute contributory negligence outside of the United States, is a partial legal defense that reduces the amount of damages that a plaintiff can recover in a neg...
Comparative negligence, or non-absolute contributory negligence outside of the United States, is a partial legal defense that reduces the amount of damages that a plaintiff can recover in a neg...
Consideration
Consideration is the concept of legal value in connection with.
Consideration is the concept of legal value in connection with.
Contra principia negantem non est disputandum
Contra principia negantem non est disputandum is a principle of logic and law: in order to debate reasonably about a disagreement, there must be agreement about the principles or facts by which ...
Contra principia negantem non est disputandum is a principle of logic and law: in order to debate reasonably about a disagreement, there must be agreement about the principles or facts by which ...
Contra proferentem
Contra proferentem is a doctrine of contractual interpretation which provides that an ambiguous term will be construed against the party that imposed its inclusion in the contract or, more accur...
Contra proferentem is a doctrine of contractual interpretation which provides that an ambiguous term will be construed against the party that imposed its inclusion in the contract or, more accur...
Contributory negligence
Contributory negligence in common-law jurisdictions is defense to a claim based on negligence, an action in tort.
Contributory negligence in common-law jurisdictions is defense to a claim based on negligence, an action in tort.
Corporate opportunity
The corporate opportunity doctrine is the legal principle providing that directors, officers, and controlling shareholders of a corporation must not take for themselves any business opportun...
The corporate opportunity doctrine is the legal principle providing that directors, officers, and controlling shareholders of a corporation must not take for themselves any business opportun...
Correlative rights doctrine
The correlative rights doctrine is a legal doctrine limiting the rights of landowners to a common source of groundwater (such as an aquifer) to a reasonable share, typically based on the amount ...
The correlative rights doctrine is a legal doctrine limiting the rights of landowners to a common source of groundwater (such as an aquifer) to a reasonable share, typically based on the amount ...
Desuetude
In law, desuetude (from the Latin desuetudo, outdated, no longer custom) is a doctrine that causes statutes, similar legislation or legal principles to lapse and become unenforceable by a l...
In law, desuetude (from the Latin desuetudo, outdated, no longer custom) is a doctrine that causes statutes, similar legislation or legal principles to lapse and become unenforceable by a l...
Discovery doctrine
The Discovery doctrine is a concept of public international law expounded by the United States Supreme Court in a series of decisions, most notably Johnson v. M'Intosh in 1823.
The Discovery doctrine is a concept of public international law expounded by the United States Supreme Court in a series of decisions, most notably Johnson v. M'Intosh in 1823.
Doctrine of cash equivalence
The Doctrine of Cash Equivalence states that the U.S. Federal income tax law treats certain non-cash payment transactions like cash payment transactions for federal income tax purposes.
The Doctrine of Cash Equivalence states that the U.S. Federal income tax law treats certain non-cash payment transactions like cash payment transactions for federal income tax purposes.
Doctrine of chances
In law, the doctrine of chances is a rule of evidence that allows evidence to show that it is unlikely a defendant would be repeatedly, innocently involved in similar, suspicious circumstances.
In law, the doctrine of chances is a rule of evidence that allows evidence to show that it is unlikely a defendant would be repeatedly, innocently involved in similar, suspicious circumstances.
Doctrine of colourability
The doctrine of colourability, in Canadian federalism, is the idea that when the legislature wants to do something that it cannot do within the constraints of the constitution, it colours the la...
The doctrine of colourability, in Canadian federalism, is the idea that when the legislature wants to do something that it cannot do within the constraints of the constitution, it colours the la...
Doctrine of discovery
In American law, discovery is the pre-trial phase in a lawsuit in which each party, through the law of civil procedure, can obtain evidence from the opposing party by means of discovery devices ...
In American law, discovery is the pre-trial phase in a lawsuit in which each party, through the law of civil procedure, can obtain evidence from the opposing party by means of discovery devices ...
Doctrine of equivalents
The doctrine of equivalents is a legal rule in most of the world's patent systems that allows a court to hold a party liable for patent infringement even though the infringing device or process ...
The doctrine of equivalents is a legal rule in most of the world's patent systems that allows a court to hold a party liable for patent infringement even though the infringing device or process ...
Doctrine of exoneration of liens
The doctrine of exoneration of liens (sometimes simply referred to as "doctrine of exoneration") refers to a common law rule.
The doctrine of exoneration of liens (sometimes simply referred to as "doctrine of exoneration") refers to a common law rule.
Doctrine of foreign equivalents
The doctrine of foreign equivalents is a rule applied in United States trademark law which requires courts and the TTAB to translate foreign words in determining whether they are registrable as ...
The doctrine of foreign equivalents is a rule applied in United States trademark law which requires courts and the TTAB to translate foreign words in determining whether they are registrable as ...
Doctrine of indivisibility
The doctrine of indivisibility (or indivisibility doctrine) was a legal doctrine in United States copyright law, which held that a copyright was a single, indivisible right that its owner ...
The doctrine of indivisibility (or indivisibility doctrine) was a legal doctrine in United States copyright law, which held that a copyright was a single, indivisible right that its owner ...
Doctrine of inherency
Procedurally, to rely on the doctrine of inherency, one must provide a basis in fact and/or technical reasoning supporting a determination that an allegedly inherent characteristic necessarily w...
Procedurally, to rely on the doctrine of inherency, one must provide a basis in fact and/or technical reasoning supporting a determination that an allegedly inherent characteristic necessarily w...
Doctrine of international exhaustion
Under the exhaustion doctrine, doctrine of exhaustion, or first sale doctrine, the first unrestricted sale of a patented item exhausts the patentee's control over that particular item.
Under the exhaustion doctrine, doctrine of exhaustion, or first sale doctrine, the first unrestricted sale of a patented item exhausts the patentee's control over that particular item.
Doctrine of laches
Laches (; f. French, lâchesse, lâches) is an "unreasonable delay pursuing a right or claim...in a way that prejudices the opposing
Party" When asserted in litigation, it is an equitable ...
Laches (; f. French, lâchesse, lâches) is an "unreasonable delay pursuing a right or claim...in a way that prejudices the opposing
Party" When asserted in litigation, it is an equitable ...
Doctrine of merger
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Doctrine of non-derogation from grants
The doctrine of non-derogation from grants is a principle of the law of England and Wales.
The doctrine of non-derogation from grants is a principle of the law of England and Wales.
Doctrine of privity
Privity of contract occurs only between the parties to the contract, most commonly contract of sale of goods or services.
Privity of contract occurs only between the parties to the contract, most commonly contract of sale of goods or services.
Doctrine of repair and reconstruction
The doctrine of repair and reconstruction in United States patent law distinguishes between permissible repair of a patented article, which the right of an owner of property to preserve its util...
The doctrine of repair and reconstruction in United States patent law distinguishes between permissible repair of a patented article, which the right of an owner of property to preserve its util...
Doctrine of res judicata
Res judicata or res iudicata (RJ), also known as claim preclusion, is the Latin term for "a matter already
Judged", and may refer to two things: in both civil law and commo...
Res judicata or res iudicata (RJ), also known as claim preclusion, is the Latin term for "a matter already
Judged", and may refer to two things: in both civil law and commo...
Doctrine of tenure
Land tenure is the name given, particularly in common law systems, to the legal regime in which land is owned by an individual, who is said to "hold" the land (the French verb "tenir" means "to ...
Land tenure is the name given, particularly in common law systems, to the legal regime in which land is owned by an individual, who is said to "hold" the land (the French verb "tenir" means "to ...
Dual sovereignty doctrine
Dual sovereignty is a legal doctrine holding that more than one sovereign may prosecute an individual without violating the prohibition against double jeopardy if the individual's act breaks the...
Dual sovereignty is a legal doctrine holding that more than one sovereign may prosecute an individual without violating the prohibition against double jeopardy if the individual's act breaks the...
Due process
Due process is the legal requirement that the state must respect all of the legal rights that are owed to a person.
Due process is the legal requirement that the state must respect all of the legal rights that are owed to a person.
Duty of care
In tort law, a duty of care is a legal obligation imposed on an individual requiring that they adhere to a standard of reasonable care while performing any acts that could foreseeably harm others.
In tort law, a duty of care is a legal obligation imposed on an individual requiring that they adhere to a standard of reasonable care while performing any acts that could foreseeably harm others.
Duty to rescue
A duty to rescue is a concept in tort law that arises in a number of cases, describing a circumstance in which a party can be held liable for failing to come to the rescue of another party in peril.
A duty to rescue is a concept in tort law that arises in a number of cases, describing a circumstance in which a party can be held liable for failing to come to the rescue of another party in peril.
Duty to retreat
In the criminal law, the duty to retreat is a specific component which sometimes appears in the defense of self-defense, and which must be addressed if the defendant is to prove that his or her ...
In the criminal law, the duty to retreat is a specific component which sometimes appears in the defense of self-defense, and which must be addressed if the defendant is to prove that his or her ...
Economic substance
Economic substance is a doctrine in the tax law of the United States under which a transaction must have an economic purpose aside from reduction of tax liability in order to be considered valid.
Economic substance is a doctrine in the tax law of the United States under which a transaction must have an economic purpose aside from reduction of tax liability in order to be considered valid.
Eggshell skull
The eggshell skull rule (or thin skull rule or you take your victim as you find him rule of the common law) is a well established legal doctrine used in some tort law systems, with a...
The eggshell skull rule (or thin skull rule or you take your victim as you find him rule of the common law) is a well established legal doctrine used in some tort law systems, with a...
Emergency
An emergency is a situation that poses an immediate risk to health, life, property or environment.
An emergency is a situation that poses an immediate risk to health, life, property or environment.
Eminent domain
Eminent domain, compulsory purchase, resumption/compulsory acquisition, or expropriation is an action of the state to seize a citizen's private property, expropriate property, ...
Eminent domain, compulsory purchase, resumption/compulsory acquisition, or expropriation is an action of the state to seize a citizen's private property, expropriate property, ...
Enrolled bill doctrine
The enrolled bill rule, is a principle of judicial interpretation of rules of procedure in legislative bodies.
The enrolled bill rule, is a principle of judicial interpretation of rules of procedure in legislative bodies.
Enrolled bill rule
The enrolled bill rule, is a principle of judicial interpretation of rules of procedure in legislative bodies.
The enrolled bill rule, is a principle of judicial interpretation of rules of procedure in legislative bodies.
Enterprise liability
Enterprise liability is a legal doctrine under which individual entities (for example, otherwise legally unrelated corporations or people) can be held jointly liable for some action on the basis...
Enterprise liability is a legal doctrine under which individual entities (for example, otherwise legally unrelated corporations or people) can be held jointly liable for some action on the basis...
Equitable tolling
Equitable tolling is a principle of tort law stating that a statute of limitations shall not bar a claim in cases where the plaintiff, despite use of due diligence, could not or did not discover...
Equitable tolling is a principle of tort law stating that a statute of limitations shall not bar a claim in cases where the plaintiff, despite use of due diligence, could not or did not discover...
Equity (law)
In jurisdictions following the English common law tradition, equity is the set of legal principles that supplement strict rules of law where their application would operate harshly.
In jurisdictions following the English common law tradition, equity is the set of legal principles that supplement strict rules of law where their application would operate harshly.
Erga omnes
Erga omnes (in relation to everyone) is frequently used in legal terminology describing obligations or rights toward all.
Erga omnes (in relation to everyone) is frequently used in legal terminology describing obligations or rights toward all.
Erie doctrine
In United States law, the Erie doctrine is a fundamental legal doctrine of civil procedure mandating that a federal court in diversity jurisdiction must apply state substantive law.
In United States law, the Erie doctrine is a fundamental legal doctrine of civil procedure mandating that a federal court in diversity jurisdiction must apply state substantive law.
Essential facilities doctrine
The essential facilities doctrine (sometimes also referred to as the essential facility doctrine) is a legal doctrine which describes a particular type of claim of monopolization made unde...
The essential facilities doctrine (sometimes also referred to as the essential facility doctrine) is a legal doctrine which describes a particular type of claim of monopolization made unde...
Estoppel
Estoppel in its broadest sense is a legal term referring to a series of legal and equitable doctrines that preclude "a person from denying or asserting anything to the contrary of that which has...
Estoppel in its broadest sense is a legal term referring to a series of legal and equitable doctrines that preclude "a person from denying or asserting anything to the contrary of that which has...
Estoppel by acquiescence
Acquiescence is a legal term used to describe an act of a person in knowingly standing by without raising any objection to infringement of his rights, when someone else is unknowingly and honest...
Acquiescence is a legal term used to describe an act of a person in knowingly standing by without raising any objection to infringement of his rights, when someone else is unknowingly and honest...
Evasion (law)
In law, the Doctrine of Evasion is a fundamental public policy.
In law, the Doctrine of Evasion is a fundamental public policy.
Ex turpi causa non oritur actio
Ex turpi causa non oritur actio (Latin for "from a dishonorable cause an action does not arise") is a legal doctrine which states that a claimant will be unable to pursue a cause of action, ...
Ex turpi causa non oritur actio (Latin for "from a dishonorable cause an action does not arise") is a legal doctrine which states that a claimant will be unable to pursue a cause of action, ...
Exclusionary rule
The exclusionary rule is a legal principle in the United States, under constitutional law, which holds that evidence collected or analyzed in violation of the defendant's constitutional rights i...
The exclusionary rule is a legal principle in the United States, under constitutional law, which holds that evidence collected or analyzed in violation of the defendant's constitutional rights i...
Executive privilege
In the United States government, executive privilege is the power claimed by the President of the United States and other members of the executive branch to resist certain subpoenas and other in...
In the United States government, executive privilege is the power claimed by the President of the United States and other members of the executive branch to resist certain subpoenas and other in...
Exhausted combination doctrine
The exhausted combination doctrine, also referred to as the doctrine of the Lincoln Engineering case, is the doctrine of U.S. patent law that when an inventor invents a new...
The exhausted combination doctrine, also referred to as the doctrine of the Lincoln Engineering case, is the doctrine of U.S. patent law that when an inventor invents a new...
Exhaustion doctrine
The exhaustion doctrine, also referred to as the first sale doctrine, is a common law patent doctrine that limits the extent to which patent holders can control a patented product after an autho...
The exhaustion doctrine, also referred to as the first sale doctrine, is a common law patent doctrine that limits the extent to which patent holders can control a patented product after an autho...
Fair use
Fair use, a limitation and exception to the exclusive right granted by copyright law to the author of a creative work, is a doctrine in United States copyright law that allows limited use of cop...
Fair use, a limitation and exception to the exclusive right granted by copyright law to the author of a creative work, is a doctrine in United States copyright law that allows limited use of cop...
Fairness Doctrine
The Fairness Doctrine was a policy of the United States Federal Communications Commission (FCC), introduced in 1949, that required the holders of broadcast licenses to both present controversial...
The Fairness Doctrine was a policy of the United States Federal Communications Commission (FCC), introduced in 1949, that required the holders of broadcast licenses to both present controversial...
Finality (law)
Finality, in law, is the concept that certain disputes must achieve a resolution from which no further appeal may be taken, and from which no collateral proceedings may be permitted to disturb t...
Finality, in law, is the concept that certain disputes must achieve a resolution from which no further appeal may be taken, and from which no collateral proceedings may be permitted to disturb t...
Firm offer
A firm offer means an irrevocable offers made by a merchant.
A firm offer means an irrevocable offers made by a merchant.
First-sale doctrine
The “first sale” doctrine plays an important role in copyright and trademark law by limiting certain rights of a copyright or trademark owner.
The “first sale” doctrine plays an important role in copyright and trademark law by limiting certain rights of a copyright or trademark owner.
Fleeing felon rule
In Common law, the Fleeing Felon Rule permits the use of force, including deadly force, against an individual who is suspected of a felony and is in clear flight.
In Common law, the Fleeing Felon Rule permits the use of force, including deadly force, against an individual who is suspected of a felony and is in clear flight.
Forum non conveniens
Forum non conveniens (Latin for "forum not agreeing") (FNC) is a (mostly) common law legal doctrine whereby courts may refuse to take jurisdiction over matters where there is a more ap...
Forum non conveniens (Latin for "forum not agreeing") (FNC) is a (mostly) common law legal doctrine whereby courts may refuse to take jurisdiction over matters where there is a more ap...
Fruit of the poisonous tree
Fruit of the poisonous tree is a legal metaphor in the United States used to describe evidence that is obtained illegally.
Fruit of the poisonous tree is a legal metaphor in the United States used to describe evidence that is obtained illegally.
Frustration of purpose
In the law of contracts, frustration of purpose is a defense to enforcement of the contract.
In the law of contracts, frustration of purpose is a defense to enforcement of the contract.
Functionality doctrine
In trademark law, the functionality doctrine prevents manufacturers from protecting specific features of a product by means of trademark law.
In trademark law, the functionality doctrine prevents manufacturers from protecting specific features of a product by means of trademark law.
Good faith
In philosophy, the concept of good faith denotes sincere, honest intention or belief, regardless of the outcome of an action; the opposed concepts are bad faith, mala fides and perfidy.
In philosophy, the concept of good faith denotes sincere, honest intention or belief, regardless of the outcome of an action; the opposed concepts are bad faith, mala fides and perfidy.
Good-faith exception
In United States constitutional law, the good-faith exemption (also good-faith doctrine) is a legal doctrine providing an exemption to the exclusionary rule.
In United States constitutional law, the good-faith exemption (also good-faith doctrine) is a legal doctrine providing an exemption to the exclusionary rule.
Greenhouse effect (judicial drift)
The Greenhouse Effect is a term coined by Hoover Institution economist Thomas Sowell and popularized by D.C. Court of Appeals Senior Judge Laurence Silberman in a speech to The Federalist Societ...
The Greenhouse Effect is a term coined by Hoover Institution economist Thomas Sowell and popularized by D.C. Court of Appeals Senior Judge Laurence Silberman in a speech to The Federalist Societ...
Habitability
Habitability is the conformance of a residence or abode to the implied warranty of habitability.
Habitability is the conformance of a residence or abode to the implied warranty of habitability.
Homestead principle
The homestead principle in law and in ethics is the principle by which one gains just ownership of an unowned resource by performing an act of original appropriation.
The homestead principle in law and in ethics is the principle by which one gains just ownership of an unowned resource by performing an act of original appropriation.
Idea-expression divide
The idea–expression divide or idea–expression dichotomy limits the scope of copyright protection by differentiating an idea from the expression or manifestation of that idea.
The idea–expression divide or idea–expression dichotomy limits the scope of copyright protection by differentiating an idea from the expression or manifestation of that idea.
Ignorantia juris non excusat
Ignorantia juris non excusat or ignorantia legis neminem excusat (Latin for "ignorance of the law does not excuse" or "ignorance of the law excuses no one") is a legal principle h...
Ignorantia juris non excusat or ignorantia legis neminem excusat (Latin for "ignorance of the law does not excuse" or "ignorance of the law excuses no one") is a legal principle h...
Illinois Brick doctrine
The Illinois Brick doctrine is a rule of United States antitrust law that prohibits indirect purchasers of goods or services from recovering antitrust damages from antitrust violators.
The Illinois Brick doctrine is a rule of United States antitrust law that prohibits indirect purchasers of goods or services from recovering antitrust damages from antitrust violators.
Implied license
An implied license is an unwritten license which permits a party (the licensee) to do something that would normally require the express permission of another party (the licensor).
An implied license is an unwritten license which permits a party (the licensee) to do something that would normally require the express permission of another party (the licensor).
Implied powers
Implied powers, in the United States, are those powers authorized by a legal document which, while not stated, seem to be implied by powers expressly stated.
Implied powers, in the United States, are those powers authorized by a legal document which, while not stated, seem to be implied by powers expressly stated.
Implied repeal
The doctrine of implied repeal is a concept in constitutional theory which states that where an Act of Parliament or an Act of Congress conflicts with an earlier one, the later Act takes precede...
The doctrine of implied repeal is a concept in constitutional theory which states that where an Act of Parliament or an Act of Congress conflicts with an earlier one, the later Act takes precede...
Imputation (law)
In law, the principle of imputation or attribution underpins the concept that ignorantia juris non excusat—ignorance of the law does not excuse.
In law, the principle of imputation or attribution underpins the concept that ignorantia juris non excusat—ignorance of the law does not excuse.
In loco parentis
The term in loco parentis, Latin for "in the place of a parent" or "My parents are mad," refers to the legal responsibility of a person or organization to take on some of the functions and r...
The term in loco parentis, Latin for "in the place of a parent" or "My parents are mad," refers to the legal responsibility of a person or organization to take on some of the functions and r...
Inequality of bargaining power
Inequality of bargaining power is a concept used in social sciences and humanities, particularly law and economics to denote the situation where freedom of contract ceases to be real and markets...
Inequality of bargaining power is a concept used in social sciences and humanities, particularly law and economics to denote the situation where freedom of contract ceases to be real and markets...
Inevitable disclosure
Inevitable disclosure is a legal doctrine through which an employer can use trade secret law to enjoin a former employee from working in a job that would inevitably result in the use of trade se...
Inevitable disclosure is a legal doctrine through which an employer can use trade secret law to enjoin a former employee from working in a job that would inevitably result in the use of trade se...
Inevitable discovery
Inevitable discovery is a doctrine in United States criminal procedure that allows evidence of a defendant's guilt that would otherwise be considered inadmissible under the exclusionary rule to ...
Inevitable discovery is a doctrine in United States criminal procedure that allows evidence of a defendant's guilt that would otherwise be considered inadmissible under the exclusionary rule to ...
Inherent jurisdiction
Inherent jurisdiction is a doctrine of the English common law that a superior court has the jurisdiction to hear any matter that comes before it, unless a statute or rule limits that authority o...
Inherent jurisdiction is a doctrine of the English common law that a superior court has the jurisdiction to hear any matter that comes before it, unless a statute or rule limits that authority o...
Inherent powers (United States)
Inherent powers are those powers that a sovereign state holds.
Inherent powers are those powers that a sovereign state holds.
Internal affairs doctrine
The internal affairs doctrine is a choice of law rule in corporations law.
The internal affairs doctrine is a choice of law rule in corporations law.
Invitation to treat
Invitation to treat (or invitation to bargain in the United States) is a contract law term.
Invitation to treat (or invitation to bargain in the United States) is a contract law term.
Judicial deference
Judicial deference is a doctrine by which judges seek to avoid frustrating the will of the legislature when deciding cases.
Judicial deference is a doctrine by which judges seek to avoid frustrating the will of the legislature when deciding cases.
Judicial discretion
Judicial discretion is the power of the judiciary to make some legal decisions according to their discretion.
Judicial discretion is the power of the judiciary to make some legal decisions according to their discretion.
Jurisprudence constante
Jurisprudence constante is a legal doctrine according to which a long series of previous decisions applying a particular rule of law is very important and may be determinative in subsequent cases.
Jurisprudence constante is a legal doctrine according to which a long series of previous decisions applying a particular rule of law is very important and may be determinative in subsequent cases.
Just War
Just War Theory (or Bellum iustum) is a doctrine of military ethics of Roman philosophical and Catholic origin, studied by moral theologians, ethicists and international policy makers, which...
Just War Theory (or Bellum iustum) is a doctrine of military ethics of Roman philosophical and Catholic origin, studied by moral theologians, ethicists and international policy makers, which...
Just war theory
Just war theory is a doctrine of military ethics of Roman philosophical and Catholic origin, studied by moral theologians, ethicists and international policy makers, which holds that a violent c...
Just war theory is a doctrine of military ethics of Roman philosophical and Catholic origin, studied by moral theologians, ethicists and international policy makers, which holds that a violent c...
Ker–Frisbie Doctrine
The Ker-Frisbie doctrine is applied in the context of extradition and generally holds that criminal defendants may be prosecuted in United States courts regardless of whether their presence has ...
The Ker-Frisbie doctrine is applied in the context of extradition and generally holds that criminal defendants may be prosecuted in United States courts regardless of whether their presence has ...
Ker–Frisbie doctrine
The Ker-Frisbie doctrine is applied in the context of extradition and generally holds that criminal defendants may be prosecuted in United States courts regardless of whether their prese...
The Ker-Frisbie doctrine is applied in the context of extradition and generally holds that criminal defendants may be prosecuted in United States courts regardless of whether their prese...
Knock and talk
Knock and Talk or Tap and Rap is a law enforcement tactic used when there is not sufficient evidence, probable cause, or reasonable suspicion to obtain a search warrant.
Knock and Talk or Tap and Rap is a law enforcement tactic used when there is not sufficient evidence, probable cause, or reasonable suspicion to obtain a search warrant.
Laches (equity)
Laches (; f. French, lâchesse, lâches) is an "unreasonable delay pursuing a right or claim...in a way that prejudices the opposing
Party" When asserted in litigation, it is an equitable ...
Laches (; f. French, lâchesse, lâches) is an "unreasonable delay pursuing a right or claim...in a way that prejudices the opposing
Party" When asserted in litigation, it is an equitable ...
Last clear chance
The last clear chance is a doctrine in the law of torts that is employed in contributory negligence jurisdictions.
The last clear chance is a doctrine in the law of torts that is employed in contributory negligence jurisdictions.
Last injurious exposure rule
In law, the last injurious exposure rule is the principle that when an occupational disease was caused by a succession of jobs, or could have been caused by any one of a succession of jobs, the ...
In law, the last injurious exposure rule is the principle that when an occupational disease was caused by a succession of jobs, or could have been caused by any one of a succession of jobs, the ...
Law of the case
The Law of the case is a legal term of art that is applicable mainly in common law, or Anglo-American, jurisdictions that recognize the related doctrine of stare decisis.
The Law of the case is a legal term of art that is applicable mainly in common law, or Anglo-American, jurisdictions that recognize the related doctrine of stare decisis.
Learned intermediary
Learned Intermediary is a defense doctrine used in the legal system of the United States.
Learned Intermediary is a defense doctrine used in the legal system of the United States.
Legal burden of proof
The burden of proof (onus probandi) is the obligation to shift the accepted conclusion away from an oppositional opinion to one's own position.
The burden of proof (onus probandi) is the obligation to shift the accepted conclusion away from an oppositional opinion to one's own position.
Legal certainty
Legal certainty is a principle in national and international law which holds that the law must provide those subject to the law with the ability to regulate their conduct.
Legal certainty is a principle in national and international law which holds that the law must provide those subject to the law with the ability to regulate their conduct.
Legal doctrine
A legal doctrine is a framework, set of rules, procedural steps, or test, often established through precedent in the common law, through which judgments can be determined in a given legal case.
A legal doctrine is a framework, set of rules, procedural steps, or test, often established through precedent in the common law, through which judgments can be determined in a given legal case.
Legal maxim
A legal maxim is an established principle or proposition.
A legal maxim is an established principle or proposition.
Living tree doctrine
In Canadian law, the living tree doctrine is a doctrine of constitutional interpretation that says that a constitution is organic and must be read in a broad and progressive manner so as to adap...
In Canadian law, the living tree doctrine is a doctrine of constitutional interpretation that says that a constitution is organic and must be read in a broad and progressive manner so as to adap...
Loss of chance in English law
Loss of chance in English law refers to a particular problem of causation, which arises in tort and contract.
Loss of chance in English law refers to a particular problem of causation, which arises in tort and contract.
Mailbox rule
The posting rule (or "mailbox rule" in the U.S., or "postal rule" or "deposited acceptance rule") is an exception to the general rule of contract law in common law countries that acceptance take...
The posting rule (or "mailbox rule" in the U.S., or "postal rule" or "deposited acceptance rule") is an exception to the general rule of contract law in common law countries that acceptance take...
Male captus bene detentus
Male captus, bene detentus (wrongly captured, properly detained) is a controversial legal doctrine, according to which the fact that a person may have been wrongly or unfairly arrested, will not...
Male captus, bene detentus (wrongly captured, properly detained) is a controversial legal doctrine, according to which the fact that a person may have been wrongly or unfairly arrested, will not...
Margin of appreciation
Margin of Appreciation is a concept the European Court of Human Rights has developed when considering whether a member state of the European Convention on Human Rights has breached the convention.
Margin of Appreciation is a concept the European Court of Human Rights has developed when considering whether a member state of the European Convention on Human Rights has breached the convention.
Market share liability
Market share liability is a legal doctrine unique to the law of the United States that allows plaintiffs injured by fungible products to apportion liability among the manufacturers according to ...
Market share liability is a legal doctrine unique to the law of the United States that allows plaintiffs injured by fungible products to apportion liability among the manufacturers according to ...
Mater semper certa est
Mater semper certa est is a Roman-law principle which has the power of praesumptio iuris et de iure, meaning that no counter-evidence can be made against this principle.
Mater semper certa est is a Roman-law principle which has the power of praesumptio iuris et de iure, meaning that no counter-evidence can be made against this principle.
Maxims of equity
The maxims of equity evolved, in Latin and eventually translated into English, as the principles applied by courts of equity in deciding cases before them.
The maxims of equity evolved, in Latin and eventually translated into English, as the principles applied by courts of equity in deciding cases before them.
Medical necessity
Medical necessity is a United States legal doctrine, related to activities which may be justified as reasonable, necessary, and/or appropriate, based on evidence-based clinical standards of care.
Medical necessity is a United States legal doctrine, related to activities which may be justified as reasonable, necessary, and/or appropriate, based on evidence-based clinical standards of care.
Meeting of the minds
Meeting of the minds (also referred to as mutual agreement, mutual assent or consensus ad idem) is a phrase in contract law used to describe the intentions of the parties formi...
Meeting of the minds (also referred to as mutual agreement, mutual assent or consensus ad idem) is a phrase in contract law used to describe the intentions of the parties formi...
Mere evidence rule
In the law of the United States, the mere evidence rule was a historical doctrine that defined the scope of the Fourth Amendment to the United States Constitution.
In the law of the United States, the mere evidence rule was a historical doctrine that defined the scope of the Fourth Amendment to the United States Constitution.
Merger doctrine (antitrust law)
In U.S. antitrust law, the phrase "merger doctrine" is used to broadly describe the approaches that courts have taken to address mergers between corporations which might tend to reduce competiti...
In U.S. antitrust law, the phrase "merger doctrine" is used to broadly describe the approaches that courts have taken to address mergers between corporations which might tend to reduce competiti...
Merger doctrine (civil procedure)
The merger doctrine in civil procedure stands for the proposition that when litigants agree to a settlement, and then seek to have their settlement incorporated into a court order, the court ord...
The merger doctrine in civil procedure stands for the proposition that when litigants agree to a settlement, and then seek to have their settlement incorporated into a court order, the court ord...
Merger doctrine (copyright law)
The idea-expression divide or idea-expression dichotomy limits the scope of copyright protection by differentiating an idea from the expression or manifestation of that idea.
The idea-expression divide or idea-expression dichotomy limits the scope of copyright protection by differentiating an idea from the expression or manifestation of that idea.
Merger doctrine (family law)
Historically, the merger doctrine (a.k.a.
Historically, the merger doctrine (a.k.a.
Merger doctrine (property law)
In the law of real property, the merger doctrine stands for the proposition that the contract for the conveyance of property merges into the deed of conveyance; therefore, any guarantees made in...
In the law of real property, the merger doctrine stands for the proposition that the contract for the conveyance of property merges into the deed of conveyance; therefore, any guarantees made in...
Mirror image rule
In the law of contracts, the mirror image rule, also referred to as an unequivocal and absolute acceptance requirement states that an offer must be accepted exactly without modifications.
In the law of contracts, the mirror image rule, also referred to as an unequivocal and absolute acceptance requirement states that an offer must be accepted exactly without modifications.
Mistake (contract law)
In contract law, a mistake is an erroneous belief, at contracting, that certain facts are true.
In contract law, a mistake is an erroneous belief, at contracting, that certain facts are true.
Mootness
In American law, a matter is moot if further legal proceedings with regard to it can have no effect, or events have placed it beyond the reach of the law.
In American law, a matter is moot if further legal proceedings with regard to it can have no effect, or events have placed it beyond the reach of the law.
Natural and legal rights
Natural and legal rights are two types of rights theoretically distinct according to philosophers and political scientists.
Natural and legal rights are two types of rights theoretically distinct according to philosophers and political scientists.
Natural justice
Natural justice is a term of art that denotes specific procedural rights in the English legal system and the systems of other nations based on it.
Natural justice is a term of art that denotes specific procedural rights in the English legal system and the systems of other nations based on it.
Ne bis in idem
Ne bis in idem, which translates literally from Latin as "not twice for the same", means that no legal action can be instituted twice for the same cause of action.
Ne bis in idem, which translates literally from Latin as "not twice for the same", means that no legal action can be instituted twice for the same cause of action.
Necessity
In U.S. criminal law, necessity may be either a possible justification or an exculpation for breaking the law.
In U.S. criminal law, necessity may be either a possible justification or an exculpation for breaking the law.
Negligence
Negligence (Lat. negligentia, from neglegere, to neglect, literally "not to pick up something") is a failure to exercise the care that a reasonably prudent person would exercise in like ...
Negligence (Lat. negligentia, from neglegere, to neglect, literally "not to pick up something") is a failure to exercise the care that a reasonably prudent person would exercise in like ...
Nemo iudex in causa sua
Nemo iudex in causa sua (or nemo iudex in sua causa) is a Latin phrase that means, literally, no-one should be a judge in their own cause.
Nemo iudex in causa sua (or nemo iudex in sua causa) is a Latin phrase that means, literally, no-one should be a judge in their own cause.
Nolle prosequi
Nolle prosequi is legal term of art and a Latin legal phrase meaning "be unwilling to pursue", a phrase amounting to "do not prosecute".
Nolle prosequi is legal term of art and a Latin legal phrase meaning "be unwilling to pursue", a phrase amounting to "do not prosecute".
Nominative use
Nominative use, also "nominative fair use", is a legal doctrine that provides an affirmative defense to trademark infringement as enunciated by the United States Ninth Circuit, by which a person...
Nominative use, also "nominative fair use", is a legal doctrine that provides an affirmative defense to trademark infringement as enunciated by the United States Ninth Circuit, by which a person...
Nonacquiescence
In law, nonacquiescence is when one branch of the government fails to comply with the decision of another.
In law, nonacquiescence is when one branch of the government fails to comply with the decision of another.
Nondelegation doctrine
The doctrine of nondelegation describes the theory that one branch of government must not authorize another entity to exercise the power or function which it is constitutionally authorized to ex...
The doctrine of nondelegation describes the theory that one branch of government must not authorize another entity to exercise the power or function which it is constitutionally authorized to ex...
Nulla poena sine lege
Nulla poena sine lege (Latin: "no penalty without a law") is a legal principle, requiring that one cannot be punished for doing something that is not prohibited by law.
Nulla poena sine lege (Latin: "no penalty without a law") is a legal principle, requiring that one cannot be punished for doing something that is not prohibited by law.
Nullum crimen, nulla poena sine praevia lege poenali
Nullum crimen, nulla poena sine praevia lege poenali (Latin, lit.
Nullum crimen, nulla poena sine praevia lege poenali (Latin, lit.
Nuremberg Principles
The Nuremberg Principles were a set of guidelines for determining what constitutes a war crime.
The Nuremberg Principles were a set of guidelines for determining what constitutes a war crime.
Nuremberg principles
The Nuremberg principles were a set of guidelines for determining what constitutes a war crime.
The Nuremberg principles were a set of guidelines for determining what constitutes a war crime.
Odious debt
In international law, odious debt is a legal theory that holds that the national debt incurred by a regime for purposes that do not serve the best interests of the nation, should not be enforceable.
In international law, odious debt is a legal theory that holds that the national debt incurred by a regime for purposes that do not serve the best interests of the nation, should not be enforceable.
Offer and acceptance
Offer and acceptance analysis is a traditional approach in contract law used to determine whether an agreement exists between two parties.
Offer and acceptance analysis is a traditional approach in contract law used to determine whether an agreement exists between two parties.
Open mines doctrine
The open mines doctrine is a term of real property.
The open mines doctrine is a term of real property.
Pacta sunt servanda
Pacta sunt servanda, is a brocard, a basic principle of civil law and of international law.
Pacta sunt servanda, is a brocard, a basic principle of civil law and of international law.
Paramountcy
The doctrine of paramountcy is the legal principle that reconciles contradicting or conflicting laws in a federalist state.
The doctrine of paramountcy is the legal principle that reconciles contradicting or conflicting laws in a federalist state.
Parker immunity doctrine
The Parker immunity doctrine is an exemption from liability for engaging in antitrust violations.
The Parker immunity doctrine is an exemption from liability for engaging in antitrust violations.
Parol evidence rule
The parol evidence rule is a substantive common law rule in contract cases that prevents a party to a written contract from presenting extrinsic evidence that contradicts or adds to the written ...
The parol evidence rule is a substantive common law rule in contract cases that prevents a party to a written contract from presenting extrinsic evidence that contradicts or adds to the written ...
Peremptory norm
A peremptory norm (also called jus cogens or ius cogens, or ; Latin for "compelling law") is a fundamental principle of international law which is accepted by the internatio...
A peremptory norm (also called jus cogens or ius cogens, or ; Latin for "compelling law") is a fundamental principle of international law which is accepted by the internatio...
Plain view doctrine
The plain view doctrine allows an officer to seize--without a warrant--evidence and contraband found in plain view during a lawful observation.
The plain view doctrine allows an officer to seize--without a warrant--evidence and contraband found in plain view during a lawful observation.
Police power
In United States constitutional law, police power is the capacity of the federal government and the states to regulate behavior and enforce order within their territory for the betterment of the...
In United States constitutional law, police power is the capacity of the federal government and the states to regulate behavior and enforce order within their territory for the betterment of the...
Political question
In American Constitutional law, the political question doctrine is closely linked to the concept of justiciability, as it comes down to a question of whether or not the court system has jurisdic...
In American Constitutional law, the political question doctrine is closely linked to the concept of justiciability, as it comes down to a question of whether or not the court system has jurisdic...
Posting rule
The posting rule (or "mailbox rule" in the U.S., or "postal rule" or "deposited acceptance rule") is an exception to the general rule of contract law in common law countries that acceptance take...
The posting rule (or "mailbox rule" in the U.S., or "postal rule" or "deposited acceptance rule") is an exception to the general rule of contract law in common law countries that acceptance take...
Pre-existing duty rule
In contract law in the United States, the pre-existing duty rule is a legal concept relating to when the performance of a legal duty is classified as consideration.
In contract law in the United States, the pre-existing duty rule is a legal concept relating to when the performance of a legal duty is classified as consideration.
Precautionary principle
The precautionary principle or precautionary approach states that if an action or policy has a suspected risk of causing harm to the public or to the environment, in the absence of scientific co...
The precautionary principle or precautionary approach states that if an action or policy has a suspected risk of causing harm to the public or to the environment, in the absence of scientific co...
Presumption
In the law of evidence, a presumption of a particular fact can be made without the aid of proof in some situations.
In the law of evidence, a presumption of a particular fact can be made without the aid of proof in some situations.
Presumption of constitutionality
A presumption of constitutionality shifts the burden of proof from the government to the citizen, requiring them to prove that a statute is unconstitutional.
A presumption of constitutionality shifts the burden of proof from the government to the citizen, requiring them to prove that a statute is unconstitutional.
Presumption of innocence
The presumption of innocence, sometimes referred by the Latin Ei incumbit probatio qui dicit, non qui negat, is a legal right of the accused in a criminal trial, recognised in many nations.
The presumption of innocence, sometimes referred by the Latin Ei incumbit probatio qui dicit, non qui negat, is a legal right of the accused in a criminal trial, recognised in many nations.
Principle of conferral
The principle of conferral is a fundamental principle of European Union law.
The principle of conferral is a fundamental principle of European Union law.
Principle of legality
The principle of legality is the legal ideal that requires all law to be clear, ascertainable and non-retrospective.
The principle of legality is the legal ideal that requires all law to be clear, ascertainable and non-retrospective.
Principle of opportunity
The principle of opportunity is a Dutch law principle which says that a crime will be punished only if its prosecution is considered opportune.
The principle of opportunity is a Dutch law principle which says that a crime will be punished only if its prosecution is considered opportune.
Principles of natural justice
The principles of natural justice are two fundamental principles widely held to be legally necessary to a fair trial or valid decision in a legal system.
The principles of natural justice are two fundamental principles widely held to be legally necessary to a fair trial or valid decision in a legal system.
Privity
Privity is the legal term for a close, mutual, or successive relationship to the same right of property or the power to enforce a promise or warranty.
Privity is the legal term for a close, mutual, or successive relationship to the same right of property or the power to enforce a promise or warranty.
Privity of contract
Privity of contract occurs only between the parties to the contract, most commonly contract of sale of goods or services.
Privity of contract occurs only between the parties to the contract, most commonly contract of sale of goods or services.
Proper law
The Doctrine of the Proper Law is applied in the choice of law stage of a lawsuit involving the Conflict of Laws.
The Doctrine of the Proper Law is applied in the choice of law stage of a lawsuit involving the Conflict of Laws.
Proportionality (law)
Proportionality is a principle in law which covers two distinct (although related) concepts.
Proportionality is a principle in law which covers two distinct (although related) concepts.
Proportionality (political maxim)
The principle of proportionality is a political maxim which states that no layer of government should take any action that exceeds that which is necessary to achieve the objective of government.
The principle of proportionality is a political maxim which states that no layer of government should take any action that exceeds that which is necessary to achieve the objective of government.
Proximate cause
In the law, a proximate cause is an event sufficiently related to a legally recognizable injury to be held the cause of that injury.
In the law, a proximate cause is an event sufficiently related to a legally recognizable injury to be held the cause of that injury.
Public policy doctrine
In private international law, the public policy doctrine concerns the body of principles that underpin the operation of legal systems in each state.
In private international law, the public policy doctrine concerns the body of principles that underpin the operation of legal systems in each state.
Public trust doctrine
The public trust doctrine is the principle that certain resources are preserved for public use, and that the government is required to maintain them for the public's reasonable use.
The public trust doctrine is the principle that certain resources are preserved for public use, and that the government is required to maintain them for the public's reasonable use.
Qualified immunity
Qualified immunity is a doctrine in U.S. federal law that arises in cases brought against state officials under 42 U.S.C Section 1983 and against federal officials under Bivens v. Six Unknown ...
Qualified immunity is a doctrine in U.S. federal law that arises in cases brought against state officials under 42 U.S.C Section 1983 and against federal officials under Bivens v. Six Unknown ...
Quantum meruit
Quantum meruit is a Latin phrase meaning "what one has earned".
Quantum meruit is a Latin phrase meaning "what one has earned".
Qui facit per alium facit per se
Qui facit per alium facit per se is a Latin legal term meaning, "He who acts through another does the act himself."
Qui facit per alium facit per se is a Latin legal term meaning, "He who acts through another does the act himself."
Reasonable doubt
Beyond reasonable doubt is the standard of evidence required to validate a criminal conviction in most adversarial legal systems.
Beyond reasonable doubt is the standard of evidence required to validate a criminal conviction in most adversarial legal systems.
Reasonable person
The reasonable person is a legal fiction of the common law that represents an objective standard against which any individual's conduct can be measured.
The reasonable person is a legal fiction of the common law that represents an objective standard against which any individual's conduct can be measured.
Remoteness in English law
Remoteness in English law is a set of rules in both tort and contract, which limits the amount of compensatory damages for a wrong.
Remoteness in English law is a set of rules in both tort and contract, which limits the amount of compensatory damages for a wrong.
Res ipsa loquitur
In the common law of negligence, the doctrine of res ipsa loquitur (Latin for "the thing speaks for itself") states that the elements of duty of care and breach can be sometimes inferred fro...
In the common law of negligence, the doctrine of res ipsa loquitur (Latin for "the thing speaks for itself") states that the elements of duty of care and breach can be sometimes inferred fro...
Res judicata
Res judicata or res iudicata (RJ), also known as claim preclusion, is the Latin term for "a matter already
Judged", and may refer to two concepts: in both civil law and com...
Res judicata or res iudicata (RJ), also known as claim preclusion, is the Latin term for "a matter already
Judged", and may refer to two concepts: in both civil law and com...
Rescue doctrine
In the USA, the rescue doctrine of the law of torts holds that if a tortfeasor creates a circumstance that places the tort victim in danger, the tortfeasor is liable not only for the harm caused...
In the USA, the rescue doctrine of the law of torts holds that if a tortfeasor creates a circumstance that places the tort victim in danger, the tortfeasor is liable not only for the harm caused...
Respondeat superior
Respondeat superior is a legal doctrine which states that, in many circumstances, an employer is responsible for the actions of employees performed within the course of their employment.
Respondeat superior is a legal doctrine which states that, in many circumstances, an employer is responsible for the actions of employees performed within the course of their employment.
Ripeness
In United States law, ripeness refers to the readiness of a case for litigation; "a claim is not ripe for adjudication if it rests upon contingent future events that may not occur as anticipat...
In United States law, ripeness refers to the readiness of a case for litigation; "a claim is not ripe for adjudication if it rests upon contingent future events that may not occur as anticipat...
Rylands v Fletcher
Rylands v Fletcher 1868
UKHL 1 was a decision by the House of Lords which established a new area of English tort law.
Rylands v Fletcher 1868
UKHL 1 was a decision by the House of Lords which established a new area of English tort law.
Safe harbor (law)
A safe harbor is a provision of a statute or a regulation that reduces or eliminates a party's liability under the law, on the condition that the party performed its actions in good faith or in ...
A safe harbor is a provision of a statute or a regulation that reduces or eliminates a party's liability under the law, on the condition that the party performed its actions in good faith or in ...
Scrivener's error
A clerical error is an error on part of an office worker, often a secretary or personal assistant.
A clerical error is an error on part of an office worker, often a secretary or personal assistant.
Scènes à faire
Scène à faire (French for "scene to be made" or "scene that must be done"; plural: scènes à faire) is a scene in a book or film which is almost obligatory for a genre of its type.
Scène à faire (French for "scene to be made" or "scene that must be done"; plural: scènes à faire) is a scene in a book or film which is almost obligatory for a genre of its type.
Spider in the web doctrine
The spider in the web doctrine is a legal doctrine in Dutch law governing cross-border injunctions in patent infringement cases.
The spider in the web doctrine is a legal doctrine in Dutch law governing cross-border injunctions in patent infringement cases.
Stadtluft macht frei
Stadtluft macht frei ("city air makes you free"), or Stadtluft macht frei nach Jahr und Tag ("city air makes you free after a year and a day"), is a German saying describing a principle ...
Stadtluft macht frei ("city air makes you free"), or Stadtluft macht frei nach Jahr und Tag ("city air makes you free after a year and a day"), is a German saying describing a principle ...
Stand-your-ground law
A Castle Doctrine (also known as a Castle Law or a Defense of Habitation Law) is an American legal doctrine arising from English Common Law that designates one's place of residence (...
A Castle Doctrine (also known as a Castle Law or a Defense of Habitation Law) is an American legal doctrine arising from English Common Law that designates one's place of residence (...
Standard of care
In tort law, the standard of care is the degree of prudence and caution required of an individual who is under a duty of care.
In tort law, the standard of care is the degree of prudence and caution required of an individual who is under a duty of care.
Standing (law)
In law, standing or locus standi is the term for the ability of a party to demonstrate to the court sufficient connection to and harm from the law or action challenged to support that ...
In law, standing or locus standi is the term for the ability of a party to demonstrate to the court sufficient connection to and harm from the law or action challenged to support that ...
Stare decisis
Stare decisis (Anglo-Latin pronunciation: ) is a legal principle by which judges are obliged to respect the precedents established by prior decisions.
Stare decisis (Anglo-Latin pronunciation: ) is a legal principle by which judges are obliged to respect the precedents established by prior decisions.
State actor
In United States law, a state actor is a person who is acting on behalf of a governmental body, and is therefore subject to regulation under the United States Bill of Rights, including the First...
In United States law, a state actor is a person who is acting on behalf of a governmental body, and is therefore subject to regulation under the United States Bill of Rights, including the First...
Stopping the clock
Stopping the clock is a controversial practice in American and Canadian legislative procedure in which a legislature literally or notionally stops the clock (or moves the hands backwards), usual...
Stopping the clock is a controversial practice in American and Canadian legislative procedure in which a legislature literally or notionally stops the clock (or moves the hands backwards), usual...
Subsidiarity
Subsidiarity is an organizing principle that matters ought to be handled by the smallest, lowest or least centralized competent authority.
Subsidiarity is an organizing principle that matters ought to be handled by the smallest, lowest or least centralized competent authority.
Substance over form
Substance over form is an accounting principle used "to ensure that financial statements give a complete, relevant and accurate picture of transactions and events".
Substance over form is an accounting principle used "to ensure that financial statements give a complete, relevant and accurate picture of transactions and events".
Substantial certainty doctrine
In law, the substantial certainty doctrine is the assumption of intent even if the actor did not intend the result, but knew with substantial certainty the effect would occur as a result of ...
In law, the substantial certainty doctrine is the assumption of intent even if the actor did not intend the result, but knew with substantial certainty the effect would occur as a result of ...
Substantial truth
Substantial truth is a legal doctrine affecting libel and slander laws in common law jurisdictions such as the US or the UK.
Substantial truth is a legal doctrine affecting libel and slander laws in common law jurisdictions such as the US or the UK.
Suspect classification
In American jurisprudence, a suspect classification is any classification of groups meeting a series of criteria suggesting they are likely the subject of discrimination.
In American jurisprudence, a suspect classification is any classification of groups meeting a series of criteria suggesting they are likely the subject of discrimination.
Taint (legal)
Taint is a term used in the legal field with reference to evidence that has been "tainted" or ruined in some manner.
Taint is a term used in the legal field with reference to evidence that has been "tainted" or ruined in some manner.
Tea Rose – Rectanus doctrine
The Tea Rose-Rectanus doctrine or remote, good-faith user doctrine is a common law rule of United States trademark law that determines the geographic scope of rights.
The Tea Rose-Rectanus doctrine or remote, good-faith user doctrine is a common law rule of United States trademark law that determines the geographic scope of rights.
Tender Years Doctrine
The Tender Years Doctrine is a legal doctrine in child custody cases which has existed in Family Law since the late 19th century.
The Tender Years Doctrine is a legal doctrine in child custody cases which has existed in Family Law since the late 19th century.
Tender years doctrine
The tender years doctrine is a legal principle which has existed in family law since the late nineteenth century.
The tender years doctrine is a legal principle which has existed in family law since the late nineteenth century.
Terra nullius
Terra nullius is a Latin expression deriving from Roman law meaning "land belonging to no one", which is used in international law to describe territory which has never been subject to the s...
Terra nullius is a Latin expression deriving from Roman law meaning "land belonging to no one", which is used in international law to describe territory which has never been subject to the s...
Territorial principle
The territorial principle is a principle of public international law under which a sovereign state can prosecute criminal offences that are committed within its borders.
The territorial principle is a principle of public international law under which a sovereign state can prosecute criminal offences that are committed within its borders.
Tipsy Coachman
The Tipsy Coachman doctrine is a rule of law that upholds a correct conclusion despite flawed reasoning by the judge below.
The Tipsy Coachman doctrine is a rule of law that upholds a correct conclusion despite flawed reasoning by the judge below.
Tolling (law)
Tolling is a legal doctrine which allows for the pausing or delaying of the running of the period of time set forth by a statute of limitations.
Tolling is a legal doctrine which allows for the pausing or delaying of the running of the period of time set forth by a statute of limitations.
Unclean hands
Unclean hands, sometimes clean hands doctrine or dirty hands doctrine is an equitable defense in which the defendant argues that the plaintiff is not entitled to obtain an equitable ...
Unclean hands, sometimes clean hands doctrine or dirty hands doctrine is an equitable defense in which the defendant argues that the plaintiff is not entitled to obtain an equitable ...
Unconscionability
Unconscionability (also known as unconscientious dealings) is a term used in contract law to describe a defense against the enforcement of a contract based on the presence of terms that ar...
Unconscionability (also known as unconscientious dealings) is a term used in contract law to describe a defense against the enforcement of a contract based on the presence of terms that ar...
Unconscionability in English law
Unconscionability in English law is a field of contract law and the law of trusts, which precludes the enforcement of consent based obligations.
Unconscionability in English law is a field of contract law and the law of trusts, which precludes the enforcement of consent based obligations.
Undue hardship
Undue hardship is a legal term used to design an accommodation to employees that would either alter the nature of the enterprise or affect its viability.
Undue hardship is a legal term used to design an accommodation to employees that would either alter the nature of the enterprise or affect its viability.
Undue influence
Undue influence is an equitable doctrine that involves one person taking advantage of a position of power over another person.
Undue influence is an equitable doctrine that involves one person taking advantage of a position of power over another person.
Unfair burden
Claims of "Unfair Burden" are usually used by legal authorities to switch the burden of proof to the defendant in cases where a party is required to prove a negative.
Claims of "Unfair Burden" are usually used by legal authorities to switch the burden of proof to the defendant in cases where a party is required to prove a negative.
Uninsured Employer
The Uninsured Employer is a term to identify an employer of workers under circumstances where there is no form of insurance in place to provide certain benefits to those workers.
The Uninsured Employer is a term to identify an employer of workers under circumstances where there is no form of insurance in place to provide certain benefits to those workers.
Uninsured employer (US)
Uninsured employer is a term to identify an employer of workers under circumstances where there is no form of insurance in place to provide certain benefits to those workers.
Uninsured employer is a term to identify an employer of workers under circumstances where there is no form of insurance in place to provide certain benefits to those workers.
Universal jurisdiction
Universal jurisdiction or universality principle is a principle in public international law whereby states claim criminal jurisdiction over persons whose alleged crimes were committed outs...
Universal jurisdiction or universality principle is a principle in public international law whereby states claim criminal jurisdiction over persons whose alleged crimes were committed outs...
Unjust enrichment
Unjust enrichment is a legal term denoting a particular type of causative event in which one party is unjustly enriched at the expense of another, and an obligation to make restitution arises, r...
Unjust enrichment is a legal term denoting a particular type of causative event in which one party is unjustly enriched at the expense of another, and an obligation to make restitution arises, r...
Vicarious liability
Vicarious liability is a form of strict, secondary liability that arises under the common law doctrine of agency – respondeat superior – the responsibility of the superior for the acts of th...
Vicarious liability is a form of strict, secondary liability that arises under the common law doctrine of agency – respondeat superior – the responsibility of the superior for the acts of th...
Volenti non fit injuria
Volenti non fit injuria is a common law doctrine which means that if someone willingly places themselves in a position where harm might result, knowing that some degree of harm might result,...
Volenti non fit injuria is a common law doctrine which means that if someone willingly places themselves in a position where harm might result, knowing that some degree of harm might result,...
Warranty tolling
Warranty tolling refers to a legal requirement, in some jurisdictions, that the timeframe provided in a product warranty shall be tolled (paused) to protect the consumer from unfairly being depr...
Warranty tolling refers to a legal requirement, in some jurisdictions, that the timeframe provided in a product warranty shall be tolled (paused) to protect the consumer from unfairly being depr...
Workers' compensation employer defense
These controversies are thereafter resolved through either negotiation or trial, and the practice of representing the employer side is referred to as workers’ compensation employer defense.
These controversies are thereafter resolved through either negotiation or trial, and the practice of representing the employer side is referred to as workers’ compensation employer defense.
Workers’ Compensation Employer Defense
These controversies are thereafter resolved through either negotiation or trial, and the practice of representing the employer side is referred to as Workers’ Compensation Employer Defense.
These controversies are thereafter resolved through either negotiation or trial, and the practice of representing the employer side is referred to as Workers’ Compensation Employer Defense.