Homicide in United States Homicide Definition in Legal History Homicide is any killing of a human being. To constitute homicide, the killing must be of a living human being; the death must have been caused by the act or omission of the accused; death must happen within a year and […]
Class Actions in the United States Legal Materials The leading legal treatise on U.S. class actions is Newberg on Class Actions (Lawyers Cooperative Publishing). The Survey of State Class Action Law (ABA Section of Litigation) summarizes the laws of each state. Information on […]
Alternative Dispute Resolution (ADR) in the United States Definition of Alternative Dispute Resolution (ADR) Settlement of civil disputes by means other than trial. The move to alternative dispute resolution (ADR) was prompted by a number of factors, but largely the time, expense, and […]
Fraud in United States Fraud Definition
The unlawful obtaining of another's property by design, but without criminal intent, and with the assent of the owner obtained by artifice or misrepresentation. Any cunning deception or artifice used to circumvent, cheat, or deceive another. […]
Judgments Notwithstanding Verdicts (Judgment as Matter of Law) This section introduces, discusses and describes the basics of judgments notwithstanding verdicts. Then, cross references and a brief overview about Judgment as Matter of Law is provided. Finally, the subject of Trials in relation […]
Easements in the United States Condemnation of Easements This section examines the Condemnation of Easements subject in its related phase of trial. In some cases, other key elements related to trials, such as personal injury, business, and criminal litigation, are also addressed. […]
Opening Statements in the United States he purpose of the opening statement is to introduce the parties and counsel to the jury and to provide a roadmap of what the evidence will show and what the jury will be asked to decide. The opening statement should not be argumentative. It is an […]
Identity Theft in the United States Identity Theft in the case of Lawyers By Deborah Rosenthal Studies suggested that as many as a million such thefts occur every year. And privacy experts say attorneys are among the most attractive targets because they tend to have good credit and preside […]
Province of Court (Jury Trials) This section introduces, discusses and describes the basics of province of court. Then, cross references and a brief overview about Jury Trials is provided. Finally, the subject of Trials in relation with province of court is examined. Note that a list of cross […]
Claims in the United States Claims Definition Patent Claims in this Legal Encyclopedia Patent Claims definition in the Law Dictionary Corporate Receivership: Claims This section covers the following: Necessity for ling claims Place for presentation Deadline for ling claims […]
Jury Demands (Jury Trials) This section introduces, discusses and describes the basics of jury demands. Then, cross references and a brief overview about Jury Trials is provided. Finally, the subject of Trials in relation with jury demands is examined. Note that a list of cross references, […]
Driving under the Influence in the United States Driving Under the Influence: Tactical Considerations in Sobriety Checkpoint Cases This section examines the Driving Under the Influence: Tactical Considerations in Sobriety Checkpoint Cases subject in its related phase of trial. In some cases, […]
Grand Jury in the United States An investigative body that makes accusations rather than determines guilt. The grand jury evaluates information generated on its own or brought to it by a prosecutor. If the grand jury determines that probable cause exists, it returns an indictment against an […]
Notes (Jury Trials) This section introduces, discusses and describes the basics of notes. Then, cross references and a brief overview about Jury Trials is provided. Finally, the subject of Trials in relation with notes is examined. Note that a list of cross references, bibliography and other […]
Environmental Liability in the United States Contractual Indemnifications and Releases From Environmental Liability This section examines the Contractual Indemnifications and Releases From Environmental Liability subject in its related phase of trial. In some cases, other key elements related […]
Sex Discrimination in the United States United States Constitution According to the Encyclopedia of the American Constitution, about its article titled SEX DISCRIMINATIONThe application of constitutional principle to government action that distinguishes on the basis of sex is a […]
Polling of Jury (Jury Trials) This section introduces, discusses and describes the basics of polling of jury. Then, cross references and a brief overview about Jury Trials is provided. Finally, the subject of Trials in relation with polling of jury is examined. Note that a list of cross […]
Premises Liability in the United States Premises Liability and Criminal Conduct in California By Michael Paul Thomas and Christopher M. Fisher (2009). They are partners at Thomas, Fisher & Brubaker based in Orange County. Mr. Thomas is also co–author of California Premises Liability. […]
Child in United States Child Definition
The immediate progeny of human parents; offspring born to such parents. 262 111. 183; 200 111. 401. The son or daughter, in relation to the father or mother; the correlative of "parent." A young person- of either sex. The age limit of […]
Medical Malpractice Litigation in the United States Gynecological Malpractice Litigation This section examines the Gynecological Malpractice Litigation subject in its related phase of trial. In some cases, other key elements related to trials, such as personal injury, business, and criminal […]
Goods in United States Goods Definition
The word goods, as a technical term of the law is nomen generalissimum,, and has a very extensive meaning. 35 N. H. 483. In Contracts. The term "goods" is not so wide as "chattels," for it applies to inanimate objects, and […]
Prison Conditions in the United States Asserting Claims of Unconstitutional Prison Conditions Under 42 USCA Section 1983 This section examines the Asserting Claims of Unconstitutional Prison Conditions Under 42 USCA Section 1983 subject in its related phase of trial. In some cases, other key […]
False Advertising in the United States False Advertising and the State Laws Select from the list of U.S. States below for state-specific information on False Advertising: False Advertising in the Subject Index of the Alabama Portal False Advertising in the Subject Index of the Alaska Portal […]
Audio Recordings in the United States Audio Recordings: Evidence, Experts and Technology This section examines the Audio Recordings: Evidence, Experts and Technology subject in its related phase of trial. In some cases, other key elements related to trials, such as personal injury, business, […]
Right to Jury Trial (Jury Trials) This section introduces, discusses and describes the basics of right to jury trial. Then, cross references and a brief overview about Jury Trials is provided. Finally, the subject of Trials in relation with right to jury trial is examined. Note that a list of […]
Punitive Damages in the United States Punitive Damages Definition Punitive damages are those damages awarded in case of willful, wanton, or malicious conduct. They may even be available in cases of reckless negligence if the damages are particularly severe or in cases of fraudulent acts. […]
Crimes in the United States Crimes are defined by legislative bodies at both the federal and state levels. Only a very small proportion of criminal cases (something under two percent) are federal, because the federal government has limited police power. Rather, the prosecution of criminal […]
Medications in the United States Medications Used for Treatment of Sexual Dysfunction Litigation This section examines the Medications Used for Treatment of Sexual Dysfunction subject in its related phase of trial. In some cases, other key elements related to trials, such as personal injury, […]
Experts in United States Experts Definition
(from Lat. experti, skilled by experience). Persons selected by the court or parties in a cause, on account of their knowledge or skill, to examine, estimate, and ascertain things, and make a report of their opinions. Merlin, Repert. […]
Unfair Competition in United States Unfair Competition Definition
Unfair competition consists in conducting a trade or business in such a manner that there is an express or implied representation that the goods or business of one man are the goods or business of another. 167 Iowa 202. […]
Proof in United States Proof Definition
The conviction or persuasion of the mind of a judicial tribunal by the exhibition of evidence of the reality of a fact alleged. See "Evidence."
Proof in Foreign Legal Encyclopedias
Proof, […]
Civil Actions in the United States Investigating Particular Civil Actions This section examines the Investigating Particular Civil Actions subject in its related phase of trial. In some cases, other key elements related to trials, such as personal injury, business, and criminal litigation, are […]
Verdicts in the United States Verdict, as defined by Black's Law Dictionary, is "a jury's finding or decisions on the factual issue of a case. Loosely, in a nonjury trial, a judge and resolution of the issue of a case." (8th edition) As trial decisions are not officially […]
Oral Depositions in the United States Discovery–Oral Depositions This section examines the Discovery–Oral Depositions subject in its related phase of trial. In some cases, other key elements related to trials, such as personal injury, business, and criminal litigation, are also addressed. […]
Bullying in the United States Bullying in the Criminal Justice System This section covers the topics below related with Bullying : Juvenile Justice Bullying in relation with Bullying Internet Safety Cyberbullying and Cyberstalking Particular Issues in Proving Damages Owed to Public School […]
Medical Malpractice in United States A tort committed by a physician against their patient. Unless a patient consents to being treated by their physician the physicians act would constitute battery. Naturally patient’s consent, but such consent must be informed (see informed consent). Even […]
Jury Instructions in the United States Legal Materials State Jury Instructions: Almost every state has a set of official jury instructions covering common situations. These are called "model," "pattern" or "approved" jury instructions. Many states post […]
Medication in the United States Hospital Liability for Nursing Medication Errors This section examines the Hospital Liability for Nursing Medication Errors subject in its related phase of trial. In some cases, other key elements related to trials, such as personal injury, business, and […]
Remedies in United States It is a maxim of law that for every wrong there is a remedy. Remedies are those legal aids that may be invoked by plaintiffs to cure the injuries done to them by defendants. There are a variety of remedies: monetary damages, injunctions, specific performance, and […]
Fidelity Bond in the United States Handling Fidelity Bond Claims This section examines the Handling Fidelity Bond Claims subject in its related phase of trial. In some cases, other key elements related to trials, such as personal injury, business, and criminal litigation, are also addressed. […]
Construction Liens in the United States Litigating Construction Liens This section examines the Litigating Construction Liens subject in its related phase of trial. In some cases, other key elements related to trials, such as personal injury, business, and criminal litigation, are also […]
Actions in Equity (Jury Trials) This section introduces, discusses and describes the basics of actions in equity. Then, cross references and a brief overview about Jury Trials is provided. Finally, the subject of Trials in relation with actions in equity is examined. Note that a list of cross […]
Cybercrime in the United States Defense of a Computer Crime Case This section examines the Defense of a Computer Crime Case subject in its related phase of trial. In some cases, other key elements related to trials, such as personal injury, business, and criminal litigation, are also […]
Postverdict Judgments (Judgment as Matter of Law) This section introduces, discusses and describes the basics of postverdict judgments. Then, cross references and a brief overview about Judgment as Matter of Law is provided. Finally, the subject of Trials in relation with postverdict judgments […]
Judgment as Matter of Law (Trials) This section introduces, discusses and describes the basics of judgment as matter of law. Then, cross references and a brief overview about Trials is provided. Finally, the subject of Civil Procedure in relation with judgment as matter of law is examined. […]
Trademark Infringement in the United States Trademark Infringement and Unfair Competition Litigation This section examines the Trademark Infringement and Unfair Competition Litigation subject in its related phase of trial. In some cases, other key elements related to trials, such as personal […]
Survivors in the United States Representation of Survivors in Death Actions This section examines the Representation of Survivors in Death Actions subject in its related phase of trial. In some cases, other key elements related to trials, such as personal injury, business, and criminal […]
Trials in the United States Civil Trials v. Criminal Trials The rules for civil v. criminal trials vary somewhat in the federal and state systems, but are similar in most respects since, under the Constitution, all trials must confer specific rights to defendants, and since the rules of […]
Hospital in the United States Defending Hospital–Negligence of Physician-Employee This section examines the Defending Hospital–Negligence of Physician-Employee subject in its related phase of trial. In some cases, other key elements related to trials, such as personal injury, business, and […]
Petroleum in the United States Liquefied Petroleum (LP) Gas Fires and Explosions This section examines the Liquefied Petroleum (LP) Gas Fires and Explosions subject in its related phase of trial. In some cases, other key elements related to trials, such as personal injury, business, and […]