Actionable law requires sufficient evidence to support a lawsuit. The plaintiff must state the cause of the action, provide supporting facts, and prove them. Filing a baseless lawsuit risks a malicious prosecution action. Careful review is necessary to ensure legal requirements are met before filing. The term actionable law refers to a situation for which […]
Videlicet is a Latin term used to provide more specific information or clarify a term in a statement. It is often abbreviated as “namely” and used in legal contexts. It should not be confused with similar abbreviations such as “ie” and “eg”. The word “videlicet” is typically used to mean that the information that follows […]
The term “homo sacer” referred to individuals subject to unique rules and lacking protection from harm. The implementation of habeas corpus made the term obsolete, but recent legal wrangling has revived it in the context of the “war on terror.” The term “illegal combatant” restores some aspects of classical homo sacer, leading to controversy over […]
False statements can cause harm and legal action, with a distinction between known and accidental falsehoods. Fraudulent activity can result in civil and criminal penalties. Accidental falsehoods may not be grounds for action if corrected, and professionals can qualify their statements. False statements for fraudulent purposes can void contracts and result in legal redress. It […]
Habeas Data is a Latin phrase that protects citizens’ right to privacy and accuracy of personal information stored in a central data registry. It is a constitutional right granted to citizens of many South American countries and allows individuals to know what data is stored about them and request any incorrect data be removed or […]
“Equal” refers to fairness in legal cases, but “equitable” combines fairness and equality for a balanced outcome. An equitable division of assets in divorce considers potential earnings. “Fair” is associated with “equity” in a separate court that may grant injunctions for direct redress. “Equal,” in legal usage, refers to something that is considered equal and […]
The term “market participant” refers to a US state that buys, produces or sells goods in the market. The US Supreme Court has defined this term in relation to the commerce clause of the constitution, which prohibits states from passing laws that unduly restrict interstate commerce. When a state acts as a market operator and […]
Originalism is a legal theory that interprets the US Constitution based on the meaning of its words to a reasonable person in 1700s America, using historical evidence. It opposes the idea of a “living constitution” and differs from the original intent theory. The theory examines phrases in the Bill of Rights in their historical context, […]
A sales contract is a legally binding agreement between two or more parties for the transfer of an asset in exchange for payment. Contracts must meet certain criteria, such as value from both parties and a clear description of the asset and price. Different countries have their own regulations, such as the UCC in the […]
Intra vires refers to something within the legal power of an entity or jurisdiction, while ultra vires means something outside of it. It can indicate the legality of court or law enforcement actions, jurisdictional rights, and individual or company rights. The term comes from Latin and can be used in various legal contexts. Intra vires […]
Ex gratia payments are voluntary compensation made without admission of guilt or liability. They are often made to victims of atrocities, man-made disasters, or health problems caused by industry practices. Governments and corporations make such payments out of a sense of moral obligation or perceived responsibility. Ex gratia payments can also be made on a […]
A corpus juris is a complete collection of laws governing a country, jurisdiction, or district. It includes statute and statutory or codified jurisprudence, and different categories of law such as civil, criminal, administrative, and international policies. The first substantial corpus juris is the Corpus Iurus Civilis, created by the Eastern Roman Emperor Justinian in AD […]
Uti possidetis is a legal term meaning “as you possess” used in peace treaties to allow parties to retain captured property. It originated in Roman law and has been modified in international law as uti possidetis juris. It has been applied in South America, Africa, and the former Soviet Union and Yugoslavia to establish internationally […]
The right of withdrawal allows contract participants to cancel an agreement within a specified period of time. It is found in various legal agreements and can be exercised for various reasons. Specific conditions must be met, and the length of the withdrawal period varies. “Right of withdrawal” is a term used to describe the option […]
Beringia was a land bridge connecting Asia and North America during the Last Glacial Maximum, inhabited by nomadic humans between 22,000 and 16,000 years ago. It was an ecological refuge for flora and fauna, and humans survived in a freezing climate despite hostile animals. Evidence of human habitation has been found, but most sites are […]
Trade restrictions can limit business activities and hinder competition. Antitrust laws are used to prevent this in many countries. Governments and businesses can take legal action against trade restrictions, and legal professionals can provide advice on related issues. Trade restriction is anything that prevents or restricts normal business activities. Many countries have laws prohibiting this, […]
Modus operandi (MO) refers to a pattern of behavior used by a suspect in committing multiple crimes. It can be helpful in linking crimes and obtaining warrants or permits for investigation. MO is often used in investigations of serial killers, but can also be useful in apprehending other criminals. A strong MO argument is not […]
“Quaere” is a legal term used in statements to indicate that what follows is not based on what came before. It is used to question or investigate a part of a statement that requires further evidence or information to justify it. It acts as a conjunction, uniting two conflicting parts of a sentence. Its Latin […]
Bespoke means something has been made to measure. It originated in London’s Savile Row for made-to-measure suits, but now refers to anything customized. The Savile Row Bespoke Association has a code defining bespoke, but the British Advertising Standards Authority allows custom to be labeled as bespoke. Fully customized menswear is expensive and considered an investment. […]
Probative evidence is used in legal proceedings to prove a fact or matter before the court. It includes items collected at the scene of a crime and witness statements. An expert may be called to give evidence, but evidence can be excluded if it is not relevant or too prejudicial. Decisions on evidence admissibility may […]
