Latin for 'friend of the court.' Amicus curiae refers to a person or organization that is not a party to a legal case but offers information or expertise to assist the court in its decision-making.
Anticipatory breach involves breaking a contract before the actual time of required performance. It occurs when one party repudiates their contractual obligation beforehand by indicating that they will not or cannot fulfill their contractual duties.
In legal terms, an appellee is the party against whom an appeal is filed. This person or entity is usually the one who won at the lower court level but must now defend that ruling in a higher court.
Chattel refers to tangible, movable personal property, as opposed to real property, which is immovable. Examples of chattel include goods, vehicles, and furniture.
Located at the principal place from which a corporation's trade or business is managed or directed.
Refers to the land and immediate surroundings of a dwelling house, regarded as legally attached to it under common law.
De minimis refers to matters too trivial or minor to be considered by the judicial or taxation systems. Originating from the legal principle 'De minimis non curat lex,' meaning 'The law does not concern itself with trifles.'
The term 'de novo' denotes starting anew or afresh, suggesting a second trial or review as if the first had never occurred. It is commonly used in legal contexts, particularly concerning appeals and retrials.
A donor is an individual or entity that provides a gift or transfers a power, right, or interest, often in the context of creating a trust or other legal arrangement.
Enjoin refers to the act of legally prohibiting or requiring an action through a judicial order, often associated with court-issued injunctions.
Et Non is a Latin term meaning 'and not.' It is commonly used in legal contexts to specifically negate part of a statement.
An executor is a person appointed in a will to administer the estate of a deceased person, ensuring that assets are distributed and liabilities are paid as per the instructions in the will.
Incidental damages refer to losses that are reasonably related to the wrongful conduct that gives rise to a claim for actual damages. These damages are intended to cover additional costs incurred by a party due to another party’s breach or misconduct.
The Latin term 'inter alia' translates to 'among other things' and is commonly used in legal, academic, and formal writing to indicate that what is being referred to is part of a larger group or list.
A judgment debtor is an individual or entity against whom a court has rendered a monetary judgment, obliging them to pay a specified amount to another party known as the judgment creditor.
Just compensation refers to full indemnity for the loss or damage sustained by the owner of property taken under the power of eminent domain. The measure generally used is the fair market value of the property at the time of taking.
A phrase used in early English law to encapsulate all types of real estate, encompassing land and other properties inheritable by heirs.
Notice is information concerning a fact actually communicated to a person by an authorized source, or derived from a proper source, usually in the context of legal proceedings.
The term 'per se' refers to something being self-evident or intrinsic, not requiring additional proof or evidence to substantiate its existence.
The term 'prima facie' refers to something that appears to be true at first glance and can be accepted until disproved or rebutted. It describes a circumstance or evidence that is sufficient to establish a fact or a case unless contradicted by further evidence.
RES refers to the property underlying a trust, which is the subject matter that the trustee holds in fiduciary capacity for the beneficiaries.
In legal terms, a 'respondent' is the party sued in an action at law. In a general context, a 'respondent' is someone who answers a survey.
An indication that a decision of one court has been overturned by a higher court.
Reversion in real estate law refers to the future interest that the grantor retains when they transfer property rights to another party but stipulate that the property will return to them upon the occurrence of a specific event or the expiration of a certain term.
Scienter refers to prior knowledge of operative facts, frequently signifying guilty knowledge. In pleadings, the term indicates that the alleged crime or tort was committed intentionally or with awareness of its illegality. In the context of fraud, scienter denotes the knowledge that an individual was making false representations with the intent to deceive.
A settlor is the person in a trust relationship who creates or intentionally causes the trust to come into existence. Other terms used to designate this person include donor, trustor, and grantor.
A term used in legal documents to indicate that statements made therein cannot be used as evidence in court or harm an existing right or claim.
A Writ of Error is a procedural method utilized in some states to bring appeals in civil matters before an appellate court for review, which may potentially lead to the reversal of a lower court's decision.
