law Wex US Law LII / Legal Information Institute
law. When people talk about the “law” of the United States, they are probably referring to the law system it has. The U.S. uses a common law system, which means that it tends to rely on the decisions made by judges on cases that have come to trial; The compilation of these decisions is called caselaw (Note: other countries, such as Japan
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Case Law Wex US Law LII / Legal Information Institute
(Just Now) Case law is law that is based on judicial decisions rather than law based on constitutions, statutes, or regulations. Case law concerns unique disputes resolved by courts using the concrete facts of a case. By contrast, statutes and regulations are written abstractly. Case law, also used interchangeably with common law, refers to the collection
(5 days ago) The LII Lawyer Directory contains lawyers who have claimed their profiles and are actively seeking clients. Find more Albany Lawyers in the Justia Legal Services and Lawyers Directory which includes profiles of more than one million lawyers licensed to practice in the United States, in addition to profiles of legal aid, pro bono and legal service organizations.
Saint Joseph Attorneys
(1 days ago) (816) 249-2101 University of Missouri - Kansas City School of Law and Drake University 8th Circuit, Kansas and Missouri Super Lawyers, National Trial Lawyers, Missouri Lawyers Weekly and Missouri Bar Association The Missouri Bar and KCMBA Anatomy of a Personal Injury Claim: A Guide to the Legal Process in Kansas and Missouri, What Insurance Companies Don't Want You to Know About Your …
Lost Property Wex US Law LII / Legal Information
(5 days ago) Common law defines lost property as personal property that was unintentionally left by its true owner. For example, a wallet that falls out of someone's pocket is lost. At common law, a person who found lost personal property could keep it until and unless the original owner comes forward. This rule applied to people who discovered lost
Agency Criminal Attorneys
(8 days ago) James P. Deffet. Smithville, MO Criminal Defense Attorney. (816) 532-2345. Drake University Law School Providence College 8th Circuit, Kansas, Missouri and U.S. Supreme Court Missouri Association of Trial Attorneys and Missouri Association of Criminal Defense Lawyers. View Website View Lawyer Profile. Claimed Lawyer Profile Social Media.
Dearborn Bankruptcy Attorneys
(8 days ago) Ryan D Knipp. Bankruptcy Lawyer Serving Dearborn, MO. (816) 239-2439. Free Consultation. Dedicated, professional representation in bankruptcy cases. Free consultation! Attorney Ryan D. Knipp was born in Kansas City and graduated from the University of Missouri-Kansas City Law School in 2006.
Saint Joseph Personal Injury Attorneys
(7 days ago) Keith Ferguson. St. Joseph, MO Personal Injury Attorney. (816) 390-8800. View Lawyer Profile. Claimed Lawyer Profile Q&A. James P. Deffet. Smithville, MO Personal Injury Attorney. (816) 532-2345. Drake University Law School Providence College 8th Circuit, Kansas, Missouri and U.S. Supreme Court Missouri Association of Trial Attorneys and
Saint Joseph Energy, Oil & Gas Attorneys
(Just Now) The LII Lawyer Directory contains lawyers who have claimed their profiles and are actively seeking clients. Find more Saint Joseph Energy, Oil & Gas Lawyers in the Justia Legal Services and Lawyers Directory which includes profiles of more than one million lawyers licensed to practice in the United States, in addition to profiles of legal aid, pro bono and legal service organizations.
States States US Law LII / Legal Information Institute
(4 days ago) Law by source: State Primary tabs. contents & context. The LII collection of state legal materials gathers, state by state, Internet-accessible sources of the constitutions, statutes, judicial opinions, and regulations for the fifty states, plus D.C., and the U.S. territories and affiliated jurisdictions.
Limited Liability Wex US Law LII / Legal Information
(9 days ago) Definition. An important characteristic of corporations and other business organizations like the Limited Liability Company (LLC), is that investor liability is limited to the extent of their investment. That is, if the company loses a lawsuit or has other debt, the judgment is against the company, and not its owners, or shareholders.. If the judgment or debt makes the company go bankrupt
Hearsay Wex US Law LII / Legal Information Institute
(9 days ago) For federal trials, the rules for hearsay are contained within Article VIII of the Federal Rules of Evidence, Rules 801-807. Rule 801 (c) of the FRE defines hearsay. Rule 802 prohibits the admissibility of hearsay. Rule 803 , Rule 804 and Rule 807 list exceptions to the …
Sentencing Wex US Law LII / Legal Information Institute
(2 days ago) Criminal law theorists believe that sentences serve two purposes. First, they serve the goal of deterring future crime by both the convict and by other individuals contemplating a committal of the same crime. Second, a sentence serves the goal of retribution, which posits that the criminal deserves punishment for having acted criminally.
Agency Wex US Law LII / Legal Information Institute
(8 days ago) Agency law is concerned with any "principal"-"agent" relationship; a relationship in which one person has legal authority to act for another. Such relationships arise from explicit appointment, or by implication. The relationships generally associated with agency law include guardian-ward, executor or administrator-decedent, and employer-employee.
landlord Wex US Law LII / Legal Information Institute
(Just Now) Landlord-tenant law is special in the United States, as this area covers contract law and property law. Even if a landlord and tenant fail to sign a lease, there will still be a valid relationship. See landlord-tenant law, and landlord and tenant for more details. [Last updated in July of 2020 by the Wex Definitions Team]
Liquidated damages Wex US Law LII / Legal
(Just Now) Definition. Liquidated Damages are a variety of actual damages. Most often, the term "liquidated damages" appears in a contract, and often is the title for a whole clause or section. Parties to a contract use liquidated damages where actual damages, though real, are difficult or impossible to prove.
legal person Wex US Law LII / Legal Information
(4 days ago) Business Law "Legal person" is used frequently within the field of business law. Laws dealing with business organizations (i.e. corporations, partnerships, limited liability companies, etc.) often use the term "legal person," so that the laws apply to humans, as well as non-human business entities. Election Law
Substantive law Wex US Law LII / Legal Information
(7 days ago) Law which governs the original rights and obligations of individuals. Substantive law may derive from the common law, statutes, or a constitution.For example, a claim to recover for breach of contract or negligence or fraud would be a common law substantive right. A state or federal statute giving an employee the right to sue for employment discrimination would also create a substantive right.
intent Wex US Law LII / Legal Information Institute
(8 days ago) Intent generally refers to the mental aspect behind an action. The concept of intent is often the focal point of Criminal Law and is generally shown by circumstantial evidence such as the acts or knowledge of the defendant.. In Criminal Law, criminal intent, also know as mens rea, is one of two elements that must be proven in order to secure a conviction (the other being the actual act, or
theft Wex US Law LII / Legal Information Institute
(7 days ago) The generic term for all crimes in which a person intentionally takes personal property of another without permission or consent and with the intent to convert it to the taker's use (including potential sale). In many states, when the value of the property taken is low (for example, less than $500) the crime is "petty theft" and a misdemeanor
Statute Wex US Law LII / Legal Information Institute
(9 days ago) A statute is a law enacted by a legislature. Statutes are also called acts, such as the Civil Rights Act of 1964 or the Sarbanes-Oxley Act.. Federal laws must be passed by both houses of Congress, the House of Representative and the Senate, and then usually require approval from the president before they can take effect.. As explained by the Library of Congress, enacted federal statutes are
oral contract Wex US Law LII / Legal Information
(5 days ago) A type of contract that is verbally created or verbally modified without being recorded in writing. Such contracts are sometimes called parol contracts. Oral contracts may fail under different circumstances as set forth by the various statutes of frauds in each state or under the UCC, which each require that certain oral contracts or certain terms included therein be memorialized in writing to
Trespass Wex US Law LII / Legal Information Institute
(Just Now) Criminal Law In tort law, trespass is held to infringe upon a property owner’s legal right to enjoy the benefits of ownership. Criminal charges, which range from violation to felony, may be brought against someone who interferes with another person’s legal property rights.
Acceptance Wex US Law LII / Legal Information Institute
(2 days ago) Definition. Assent to the terms of an offer. Acceptance must be judged objectively, but can either be expressly stated or implied by the offeree's conduct. To form a binding contract, acceptance should be relayed in a manner authorized, requested, or at least reasonably expected by the offeror. wex. COMMERCE. business law. contracts.
Mitigation of Damages Wex US Law LII / Legal
(3 days ago) Mitigation of Damages. The mitigation of damages doctrine, also known as the doctrine of avoidable consequences, prevents an injured party from recovering damages that could have been avoided through reasonable efforts. The duty to mitigate damages is most traditionally employed in the areas of tort and contract law.
Primary authority Wex US Law LII / Legal Information
(9 days ago) Primary authority. Primary tabs. Statements about the law that come directly from a legislature, a court, or another body with official capacity to issue or clarify rules for its jurisdiction. Primary authority is always mandatory in disputes where it governs. See Secondary authority (contrast). wex.
Territorial jurisdiction Wex US Law LII / Legal
(6 days ago) Territorial jurisdiction is the court's power to bind the parties to the action. This law determines the scope of federal and state court power. State court territorial jurisdiction is determined by the Due Process Clause of the Constitution's Fourteenth Amendment and the federal court territorial jurisdiction is determined by the Due Process Clause of the Constitution's Fifth Amendment.
Duty of Care Wex US Law LII / Legal Information
(4 days ago) The duty of care stands for the principle that directors and officers of a corporation in making all decisions in their capacities as corporate fiduciaries, must act in the same manner as a reasonably prudent person in their position would. Courts will generally adjudge lawsuits against director and officer actions to meet the duty of care
bilateral contract Wex US Law LII / Legal
(Just Now) A bilateral contract is a contract in which both parties exchange promises to perform.One party’s promise serves as consideration for the promise of the other. As a result, each party is an obligor on that party’s own promise and an obligee on the other’s promise. (compare: unilateral contract) The most common types of bilateral contracts are business contracts such as sales contracts
Negligence Wex US Law LII / Legal Information Institute
(2 days ago) Definition. A failure to behave with the level of care that someone of ordinary prudence would have exercised under the same circumstances. The behavior usually consists of actions, but can also consist of omissions when there is some duty to act (e.g., a duty to help victims of one's previous conduct).. Overview. Primary factors to consider in ascertaining whether the person's conduct lacks
Legal research Wex Legal Dictionary / Encyclopedia LII
(6 days ago) legal research: an overviewThe purpose of legal research is to find "authority" that will aid in finding a solution to a legal problem. Primary authorities are the rules of law that are binding upon the courts, government, and individuals. Examples are statutes, regulations, court orders, and court decisions. They are generated by legislatures, courts, and administrative agencies.
Abrogate Wex US Law LII / Legal Information Institute
(Just Now) Definitions. To formally annul or repeal a law through an act of the legislature, constitutional authority, or custom. In contract and insurance law, it is to rescind or terminate a contract. In constitutional law, the abrogation doctrine refers to the power of Congress to revoke a state's sovereign immunity and authorize suits against that state.
SEARCH AND SEIZURE U.S. Constitution Annotated US Law
(7 days ago) The common-law rule permit-ting searches of the person of an arrestee as an incident to the arrest has occasioned little controversy in the Court. 240 The Court has even upheld a search incident to an illegal (albeit not unconstitutional) arrest. 241 The dispute has centered around the scope of the search.
Law vs. Public Policy: A Critical Exploration
(6 days ago) law/policy divide was also erased, with the two, for all practical pur-poses, becoming synonymous. During the 1930s and beyond, in response to the dramatic growth of government, political science began in earnest to study policy. The word probably slipped easily into the political science vocabulary because
Parole Wex US Law LII / Legal Information Institute
(8 days ago) Parole is the conditional release of prisoners before they complete their sentence. Paroled prisoners are supervised by a public official, usually called a parole officer. If paroled prisoners violate the conditions of their release, they may be returned to prison. For example, paroled prisoners often must get and keep a job, avoid drugs and
36 U.S. Code § 301
(6 days ago) 36 U.S. Code § 301 - National anthem. (a) Designation.—. The composition consisting of the words and music known as the Star-Spangled Banner is the national anthem. all other persons present should face the flag and stand at attention with their right hand over the heart, and men not in uniform, if applicable, should remove their headdress
DUE PROCESS OF LAW U.S. Constitution Annotated US Law
(8 days ago) The law in prescribing the time when such complaints will be heard, gives all the notice required, and the proceedings by which the valuation is determined, though it may be followed, if the tax be not paid, by a sale of the delinquent’s property, is due process of law.”497
18 U.S. Code § 2101
(7 days ago) 18 U.S. Code § 2101 - Riots. Shall be fined under this title, or imprisoned not more than five years, or both. In any prosecution under this section, proof that a defendant engaged or attempted to engage in one or more of the overt acts described in subparagraph (A), (B), (C), or (D) of paragraph (1) of subsection (a)  and (1) has traveled
Valid Searches and Seizures Without Warrants U.S
(3 days ago) Search Incident to Arrest. The common-law rule permit-ting searches of the person of an arrestee as an incident to the arrest has occasioned little controversy in the Court.240 The Court has even upheld a search incident to an illegal (albeit not unconstitutional) arrest.241 The dispute has centered around the scope of the search. Because it was the stated general rule that the scope of a
(8 days ago) Dwayne Brown. Montgomery, AL Attorney. (334) 277-3757 University of Alabama School of Law Oakwood College 11th Circuit, Alabama, Georgia, Superior and State Courts of Georgia and United States District Courts for the Southern, Northern and Middle Districts of Alabama Montgomery S.T.E.P. Foundation and Martindale Hubbell The National Association