Embezzlement - Definition, Examples, Cases, And Processes
Nov 21, 2014 · Embezzlement is a crime that takes place when a person purposely withholds or uses assets and monies for a purpose other than for what it is intended. Also referred to as “financial fraud” or “larceny,” embezzlement is typically committed by an employee who is in charge of an agency or company’s finances, or a person who has responsibilities pertaining to …
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Stipulation - Definition, Examples, Cases, Processes
Posted: (52 years ago) Apr 20, 2015 · In the legal system, a stipulation is an agreement made between two or more parties to a legal proceeding. Stipulations may be made prior to trial, or during a trial, as these agreements are made to regulate certain matters related to the proceeding, and are entered as part of the official court record.Often times, stipulations are used to assist the court in …
Contract Law - Definition, Examples, Cases
Posted: (52 years ago) Oct 25, 2015 · Contract law is a body of law that governs, enforces, and interprets agreements related to an exchange of goods, services, properties, or money. According to contract law, an agreement made between two or more people or business entities, in which there is a promise to do something in return for a gain or advantage, is legally binding.
Prostitution - Definition, Examples, Cases, Processes
Posted: (52 years ago) Jul 28, 2015 · Prostitution and Sex Trafficking of a Minor. On February 27, 2015, Chief U.S. District Judge, Fred Biery, broke down as he told the courtroom that the case of “physical and psychological theft of innocence of children” by four people convicted of trafficking minors as escorts was the most egregious case he had heard in his 21 years on the federal bench.
Harassment - Definition, Examples, Cases, Processes
Posted: (52 years ago) Jul 22, 2016 · Harassment is the act of continued and regular unwanted actions against a victim. This may include anything from racial epithets to annoying or malicious remarks, but must become a pattern in order to qualify as harassment. Harassment is illegal and a victim can file for a restraining order against the perpetrator.
Reasonable Suspicion - Definition, Examples, Cases, …
Posted: (52 years ago) The term reasonable suspicion refers to a standard by which police officers are judged to have authority to briefly detain a person. Reasonable suspicion is a less strict standard then probable cause, but has very limited applications. To explore this concept, consider the following reasonable suspicion definition.
Expressed Powers - Definition, Examples, Cases, Processes
Posted: (52 years ago) The expressed powers of Congress are perhaps the clearest of all the powers expressed in the Constitution. This was due to the belief of the Framers of the Constitution that Congress would be the most powerful branch of government. Some examples of the expressed powers of Congress include: 1. The power to allow foreigners to become U.S. citizens 2. The power to protect the w…
Obscenity - Definition, Examples, Cases - Legal Dictionary
Posted: (52 years ago) Noun 1. A state or quality of being shocking to a person’s sense of what is decent or moral 2. An utterance, act, or object that is obscene 3. An offensive work, behavior, language, or image Origin 1600-1610 French obscénité
4th Amendment - Definition, Examples, Cases, Processes
Posted: (52 years ago) Apr 12, 2019 · The 4th Amendment is the amendment to the U.S. Constitution that protects American citizens from unlawful searches and seizures. What this means is that the police cannot arrest an individual without a warrant or probable cause, and they cannot take a person’s home or property either without valid reason. Unfortunately, 4th Amendment examples ...
Interrogatories - Definition, Examples, Processes
Posted: (52 years ago) Aug 01, 2015 · In the practice of law, interrogatories are the most commonly method used in discovery, or in the effort to obtain information from an opposing party to a lawsuit. Interrogatories are written questions posed to the opposing party, for which a response is required, under conditions specified by the jurisdiction ’s rules of court procedure.
Libel - Definition, Examples, Cases, Processes
Posted: (52 years ago) Dec 19, 2015 · Libel is a legal term that refers to the making of false and malicious statements about a person in some type of print or writing. This can include false and malicious statements made in writing, printed on signs, or published on a public forum. Publishing defamatory statements or pictures through the media is also considered libel.
Confidentiality - Definition, Examples, Cases
Posted: (52 years ago) Oct 16, 2015 · As a legal term, confidentiality refers to a duty of an individual to refrain from sharing confidential information with others, except with the express consent of the other party. There are rules and regulations which place restrictions on the circumstances in which a professional, such as a doctor or attorney, may divulge information about a client or patient, …
Exigent Circumstances - Definition, Examples, Cases, Processes
Posted: (52 years ago) Dec 14, 2015 · The Fourth Amendment to the U.S. Constitution requires police officers to have a warrant before performing a search, or entering someone’s home. However, if an officer has reason to believe there is an emergency occurring inside that is endangering a person there, or that evidence is being destroyed, he may enter, after announcing himself, without a warrant.
Injunctive Relief - Definition, Examples, Processes
Posted: (52 years ago) Injunctive relief, also known as an injunction, is a legal remedy that may be sought in a civil lawsuit, in addition to, or in place of, monetary damages. Rather than offering money as payment for a wrong in a civil action, injunctive relief is a court order for the defendant to stop a specified act or behavior. To explore this concept, consider the injunctive relief definition.
Affidavit - Definition, Examples, and Writing Tips
Posted: (52 years ago) Dec 01, 2014 · An affidavit is a voluntary, sworn statement made under oath, used as verification for various purposes. The statement is witnessed and signed by a notary public or other law official authorized to do so. Once signed, the document is legally binding and the person signing is subject to being charged with perjury if the affidavit contains false information.
Lemon Law - Definition, Examples, Cases, Processes
Posted: (52 years ago) Dec 18, 2015 · Lemon Law. A lemon law is a civil law term that refers to a law that protects consumers when they purchase a vehicle or other item that fails to function as it should. Lemon laws provide people with a remedy if they purchase certain items that do not meet standards of performance expected of such an item. While technically, the term lemon could ...
Metes and Bounds - Definition, Examples, Cases, Processes
Posted: (52 years ago) Jul 06, 2017 · Metes and bounds are the limits or boundaries of a piece of property as identified by its natural landmarks. Examples of metes and bounds landmarks include rivers, roads, stakes, or other such natural or manmade markers. Metes and bounds descriptions are typically used whenever land survey areas are irregularly sized and/or shaped, so that the ...
Jurisdiction - Definition, Examples, Cases, Processes
Posted: (52 years ago) Noun 1. The power and authority to administer justice by hearing and deciding legal cases 2. The territory over which such authority is exercised 3. The geographical area of a court’s legal authority, or of a law enforcement agent’s authority Origin 1250-1300 Middle English
Car Accident - Definition, Examples, Cases, Processes
Posted: (52 years ago) Oct 21, 2015 · A car accident, also referred to as a “traffic collision,” or a “motor vehicle accident,” occurs when a motor vehicle strikes or collides another vehicle, a stationary object, a pedestrian, or an animal.While some car accidents result only in property damage, others result in severe injuries or death.There are many factors that can contribute to car accidents, and sometimes …
Federal Holidays - Definition, Examples, Cases, Processes
Posted: (52 years ago) Apr 22, 2019 · An example of federal holidays that fall on a specific day include Memorial Day and Easter. The country always observes Memorial Day on the last Monday in May, and Labor Day the first Monday in September. Though sometimes referred to by different names, the meaning of federal holidays remains the same.
United States v. Miller - Case Summary and Case Brief
Posted: (52 years ago) Mar 12, 2019 · March 12, 2019 by: Content Team. Following is the case brief for United States v. Miller, 307 U.S. 174 (1939) Case Summary of United States v. Miller: Respondent Miller was charged criminally for transporting a sawed-off 12-gauge shotgun in interstate commerce. The district court dismissed the charges as in violation of the Second Amendment.
Unjust Enrichment - Definition, Examples, Cases, Processes
Posted: (52 years ago) Apr 08, 2017 · Unjust enrichment is a term used to describe a situation wherein one party benefits at the other party’s expense, in a situation the law considers to be unjust. Unjust enrichment is usually used to describe benefits that are received either accidentally or in error, but which have not been earned, and ethically should not be kept.
Age of Consent - Definition, Examples, Cases
Posted: (52 years ago) Sep 25, 2015 · According to federal law, the legal age of consent is between 12 and 16 years. Having sex with a minor between the ages of 12 and 16, who is at least four years younger, is a crime. This would mean that a 17-year-old boy engaging in sexual activity with a 13-year-old girl is a crime. If the girl was 15 years old, however, it is not.
Dismissed with Prejudice - Definition, Examples, Cases ...
Posted: (52 years ago) Sep 06, 2015 · Dismissed with prejudice means that a civil lawsuit has been dismissed based on merits of the case after a judgement has been issued. When a case is dismissed with prejudice, the plaintiff is barred from filing a lawsuit on the same issue at a later date. To explore this concept, consider the dismissed with prejudice definition.
Abuse of Process - Definition, Examples, Cases, Processes
Posted: (52 years ago) Mar 07, 2017 · The legal term abuse of process refers to the act of using the legal process – during a legal proceeding – to harass another party to the suit, to intentionally incur costs with the intent that the other party will be ordered to pay those costs, or to delay the court action. Abuse of process is a tort that may be claimed in a subsequent legal proceeding, or argued during the …
What is a Brief - Definition, Examples, Processes
Posted: (52 years ago) Nov 12, 2015 · In the legal system, a brief is a written document advising the court of the legal reasons for the lawsuit or other legal action. The legal grounds for the action must be spelled out according to the party’s reasoning, the facts of the case, and the laws and regulations that apply. In essence, a legal brief makes an argument as to why the ...
Spousal Support - Definition, Examples, Cases, Processes
Posted: (52 years ago) Apr 03, 2015 · Spousal support refers to the obligation of a person to provide financial support to his or her spouse after separation or divorce.The purpose of spousal support, also referred to as “alimony,” is to reduce the unfair financial effects of divorce on a lower-wage-earning spouse, and to help ensure each spouse is able to maintain the same standard of living enjoyed during the …
Quit Claim Deed - Definition, Examples, Processes
Posted: (52 years ago) May 09, 2015 · A quit claim deed (also “quitclaim deed”) is a legal document used for an individual (the “Grantor”) to terminate, or “quit,” any interest or claim to a specified real property, allowing that interest to be transferred to a recipient (the “Grantee”).Such real property may be a house, a piece of land, a vacant lot, or any other property considered “real property.”
Default Judgment - Definition, Examples, Cases, Processes
Posted: (52 years ago) Jan 07, 2015 · The default judgment means that the party who complied with the terms of the lawsuit, including appearing at court as scheduled, wins the case. If either party fails to attend a scheduled hearing or trial, the judge may enter the default judgment in their favor. For example, Randolph is suing Sam for hitting his car in a parking lot.
Marital Abandonment - Definition, Examples, Cases
Posted: (52 years ago) Feb 17, 2015 · Marital abandonment refers to a situation in which one spouse severs ties with the family, forsaking his or her responsibilities and duties to the family. Simply moving out of the family home in an attempt to create a temporary or permanent separation is …
Motion to Dismiss - Definition, Examples, Reasons, and ...
Posted: (52 years ago) Mar 25, 2015 · Motion to Dismiss. A document filed with the court asking the judge to throw out certain claims in a civil or criminal case, or to throw out the case altogether, is called a “ Motion to Dismiss.”. A Motion to Dismiss is often filed by a defendant immediately after the lawsuit has been served, but may be filed at any time during the proceedings.
Adversary Proceeding - Definition, Examples, Cases, Processes
Posted: (52 years ago) Sep 29, 2015 · Definition of Adversary Proceeding. Noun. A lawsuit filed separately, but in connection with, a bankruptcy case. What is an Adversary Proceeding. An adversary proceeding is a civil lawsuit that is filed within a bankruptcy case, but which must be handled separately. An adversary proceeding may be filed by a creditor, the debtor himself, or the bankruptcy trustee.
Tort Law - Definition, Examples, Cases, Processes
Posted: (52 years ago) Damages are a monetary award ordered by the court to be paid to an injured party, by the party at fault. Damages may be awarded in compensation for loss of, or damage to, personal or real property, for an injury, or for a financial loss.
Reserved Powers - Definition, Examples, Cases
Posted: (52 years ago) Feb 28, 2016 · In the U.S. Constitution, certain specific powers are granted to the federal government.The Constitution reserves all other powers to the states. These are known as “reserved powers.” The reserved powers clause is not found in the body of the Constitution itself, but is part of the Tenth Amendment.To explore this concept, consider the following reserved …
Collateral Estoppel - Definition, Examples, Cases, Processes
Posted: (52 years ago) Feb 07, 2016 · What is Collateral Estoppel. Collateral estoppel is included in the constitutional prohibition against double jeopardy, though it is essentially a different concept. Double jeopardy prevents any individual from being re-tried for the same crime. Collateral estoppel prevents any party, including the prosecutor in a criminal matter, from seeking a different decision on a …
Emancipation - Definition, Examples, Processes
Posted: (52 years ago) Feb 24, 2015 · Emancipation is a family law term that describes the process by which a child may become independent of his parents or guardians for legal purposes. The judicial process of emancipation confers on the minor the responsibility for his own welfare, assuming he is self-supporting. When a minor is granted emancipation from parents, he takes on the rights, …
En Banc - Definition, Examples, Processes
Posted: (52 years ago) Sep 07, 2015 · The legal term en banc refers to the hearing of a case by the entire bench, or all of the judges of a court, rather than a panel of a selected few judges.En banc sessions are usually reserved for cases of great importance, or to review a contested decision of a panel of judges on a matter of particular public importance. To explore this concept, consider the following en …
Hearsay Evidence - Definition, Examples, Cases, Processes
Posted: (52 years ago) Noun 1. Testimony based on what a witness has heard from another person, of which he has no personal knowledge or experience. 2. Unverified information acquired from another person, which is not part of one’s own knowledge. Origin 1525-1535 Translated from Middle French par ouïr dire(hear say)
Order to Show Cause - Definition, Examples, Processes
Posted: (52 years ago) Apr 18, 2015 · In the legal system, an Order to Show Cause is a court order requiring an individual or entity to explain, justify, or prove something. In the U.S., courts frequently use orders to show cause to initiate a court proceeding that needs to be heard outside the usual schedule, such as when a temporary order is being sought.
Promissory Note - Definition, Examples, Cases, Processes
Posted: (52 years ago) A promissory note is a written and signed contract in which one party promises to pay a specified amount of money to the other party. The terms of a promissory can be tailored to the parties needs, as far as the amount borrowed, whether interest will be charged, the schedule or date by which the money must be repaid, and any other needed particulars.