Terra nullius refers to land not associated with a specific ruler or government, often inhabited by indigenous peoples. European powers occupied such lands, claiming they belonged to no one. Indigenous groups have filed lawsuits to reclaim their land. The term is also used to describe literal no man’s land, such as on borders or in […]
“Click or ticket” is a campaign by the US National Highway Traffic Safety Administration to increase seat belt use. It refers to the sound of buckling up and reminds people of the penalties for not wearing a seat belt. The campaign includes annual mobilization periods, ads, and fines. Critics argue it limits personal freedom, but […]
The jus ad bellum theory establishes guidelines for declaring war, recognizing that war is sometimes necessary but must be waged with moral stipulations in mind. A just cause, exhaustion of peaceful measures, competent authority, cost-benefit analysis, and reasonable hope of success are all components. The 20th century saw numerous pacts and treaties between countries that […]
Lex fori refers to the procedural law of a legal forum, while lex causae refers to the substantive law. In cases where the substantive law of one jurisdiction differs from that of another, the lex fori of the second jurisdiction applies, while the lex causae of the first jurisdiction applies. This prevents forum shopping and […]
A certificate of insurance confirms the existence of a specific type of coverage held by a person or business entity, and is often required for business transactions with high risk. It includes information about the insured party, the nature and extent of coverage, liability coverage, premiums, and payment schedule. It is commonly used in situations […]
An Offer in Compromise (OIC) is a debt settlement option offered by the IRS. It allows a person to file a tax abatement claim, but denials are common due to the IRS’s belief that they can collect more than the debtor has offered. The IRS prefers other options, such as payment plans, and warns against […]
Crimes committed by someone in a position of trust towards the victim are considered serious and can result in heavier penalties. Sex crimes, financial crimes, and malpractice crimes can all have an element of trust present. Civil lawsuits can also be filed, such as malpractice lawsuits. Victims are more vulnerable when they know and trust […]
A right-of-way is an easement that allows the holder to pass over or through someone else’s land, including public roads and utility installations. Easements can be created in several ways and are often identified in a deed or land documents. The holder of a right-of-way does not own any part of the servile estate and […]
Compos mentis refers to a person’s intact memories, understanding, and decision-making ability. Adults are generally assumed to be compos mentis, but individuals may need to be assessed in healthcare settings. Those who are non compos mentis cannot be held to contracts and may not have understood the risks and consequences of their decisions. Specialists may […]
Subject to jurisdiction means a legal entity has the right to exercise control and enforce laws. The Fourteenth Amendment grants citizenship to those born or naturalized in the US and subject to its jurisdiction. The US Supreme Court has ruled that it does not apply to children of diplomats, but does apply to those born […]
Doli incapax is a legal rule originating from English common law that prevents the prosecution of children under 10. It recognizes the lack of maturity and understanding of consequences in young children. Similar principles are still used today in different forms in various countries, with age limits for prosecution varying. The use of such doctrines […]
Non adimpleti contractus is a Latin term that refers to a contract that has not been fulfilled or completed, potentially making the breaching party liable for compensation. Exception non adimpleti contractus is an exception where one party may be released from legal obligations if the other party fails to comply with the agreement. The term […]
Promulgation is the official announcement of a new law, causing it to come into effect. It is done by the head of state or legislature, orally or in writing. Enactment varies by country, constitution, and type of law. The first step is for the head of state to accept and sign the law, followed by […]
Original face refers to the initial value of a mortgage-backed security, which remains constant even as the value decreases due to mortgage payments. Investors expect a set financial return, but missed payments can result in lower returns. Mortgage-backed securities are a common investment vehicle, but investors diversify to limit risk. Original face is a financial […]
Et vir is a Latin legal term used to refer to a woman’s husband in legal documents and deeds. It indicates that husband and wife are one person under the law and that any legal remedy will apply to both. It is commonly used in property and real estate transactions but is not common on […]
“As of right” means a person can take legal action without permission. It establishes the right to challenge an adverse decision in zoning regulations. Appeals may be discretionary or mandatory, with specific requirements. Zoning regulations may allow development without a special permit, but other permits may still be required. “As of right” is a phrase […]
Deciding a case “on the merits” means basing the verdict on facts and law, rather than procedural issues. This concept originated in English law to prevent unjust decisions. In the business world, “on the merits” refers to evaluating competitive behavior based on its effects rather than its form. However, there is controversy over what is […]
Et ux, an abbreviation of the Latin phrase “et uxor” meaning “and wife,” was used in property deeds to refer to the husband’s ownership of property, with the wife considered insignificant. In the US, women have equal rights to own property, and joint leases allow women to hold title with a man without being married. […]
Fiat justitia ruat caelum, meaning “may justice be done even if the heavens fall,” has been used since ancient times by Greek and Roman leaders and in historical writings. It has been applied in pursuit of justice from a moral and philosophical approach, and is still used in modern times. The phrase’s true meaning and […]
Pur autre vie is a type of inheritance where the duration is measured by the life of someone other than the holder. The owner of a life estate can designate a future owner, and the future interest can be a restitution, residual, or remainder. There are various ways to create a pur autre vie estate, […]
