89 relations: Actio popularis, Adversarial system, Affirmative defense, American Bar Association, Answer, Appeal, Appellate court, Attorney's fee, Black's Law Dictionary, Civil and political rights, Civil law (common law), Civil procedure, Common law, Compensation culture, Complaint, Court, Court order, Criminal procedure, Declaratory judgment, Defendant, Demurrer, Deposition (law), Discovery (law), Dispute resolution, Divorce, Due process, Eleventh Amendment to the United States Constitution, Enforcement Act of 1871 (third act), England and Wales, Equitable remedy, Equity (law), Erie doctrine, Estoppel, Evidence (law), Federal judiciary of the United States, Federal Rules of Civil Procedure, Federalism, Frivolous litigation, Garnishment, Impleader, Individual, Injunction, Joinder, Judgment (law), Judicature Acts, Jurisdiction, Jury, Jury trial, Lawsuit, Lawyer, ..., Legal burden of proof, Legal case, Legal defense fund, Legal financing, Legal personality, Legal remedy, Lien, List of environmental lawsuits, Litigation strategy, Loan, Mortgage loan, New York, Nolo.com, Nonprofit organization, Personal injury, Personal jurisdiction, Plaintiff, Pleading, Private law, Private prosecution, Pro se clerk, Pro se legal representation in the United States, Res judicata, Restorative justice, Rights, Service of process, Settlement (litigation), Standing (law), State (polity), Statutory law, Summary judgment, Summons, U.S. state, United States, University of California, Santa Barbara, Voluntary dismissal, West (publisher), Workers' compensation, Writ of execution. Expand index (39 more) » « Shrink index
An actio popularis was an action in Roman penal law brought by a member of the public in the interest of public order.
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The adversarial system or adversary system is a legal system used in the common law countries where two advocates represent their parties' positions before an impartial person or group of people, usually a jury or judge, who attempt to determine the truth of the case.
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An affirmative defense to a civil lawsuit or criminal charge is a fact or set of facts other than those alleged by the plaintiff or prosecutor which, if proven by the defendant, defeats or mitigates the legal consequences of the defendant's otherwise unlawful conduct.
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The American Bar Association (ABA), founded August 21, 1878, is a voluntary bar association of lawyers and law students, which is not specific to any jurisdiction in the United States.
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Generally, an answer is a reply to a question.
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In law, an appeal is the process in which cases are reviewed, where parties request a formal change to an official decision.
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An appellate court, commonly called an appeals court, court of appeals (American English), appeal court (British English), court of second instance or second instance court, is any court of law that is empowered to hear an appeal of a trial court or other lower tribunal.
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Attorney's fee is a chiefly United States term for compensation for legal services performed by an attorney (lawyer or law firm) for a client, in or out of court.
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Black's Law Dictionary is the most widely used law dictionary in the United States.
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Civil and political rights are a class of rights that protect individuals' freedom from infringement by governments, social organizations and private individuals, and which ensure one's ability to participate in the civil and political life of the society and state without discrimination or repression.
Civil law is a branch of the law.
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Civil procedure is the body of law that sets out the rules and standards that courts follow when adjudicating civil lawsuits (as opposed to procedures in criminal law matters).
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Common law (also known as case law or precedent) is law developed by judges through decisions of courts and similar tribunals that decide individual cases, as opposed to statutes adopted through the legislative process or regulations issued by the executive branch.
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"Compensation culture" is a pejorative term used to imply that, within a society, a significant number of claims for compensation for torts are unjustified, frivolous, or fraudulent, and that those who seek compensation should be criticised.
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In legal terminology, a complaint is any formal legal document that sets out the facts and legal reasons (see: cause of action) that the filing party or parties (the plaintiff(s)) believes are sufficient to support a claim against the party or parties against whom the claim is brought (the defendant(s)) that entitles the plaintiff(s) to a remedy (either money damages or injunctive relief).
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A court is a tribunal, often as governmental institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil, criminal, and administrative matters in accordance with the rule of law.
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A court order is an official proclamation by a judge (or panel of judges) that defines the legal relationships between the parties to a hearing, a trial, an appeal or other court proceedings.
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Criminal procedure is the adjudication process of the criminal law.
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A declaratory judgment, also called a declaration, is the legal determination of a court that resolves legal uncertainty for the litigants.
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A defendant is a person or entity accused of a crime in criminal prosecution or a person or entity against whom some type of civil relief is being sought in a civil case.
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A demurrer is a pleading in a lawsuit that objects to or challenges a pleading filed by an opposing party.
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In the law of the United States, a deposition is the out-of-court oral testimony of a witness that is reduced to writing for later use in court or for discovery purposes.
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Discovery, in the law of the United States and other countries, is a pre-trial procedure in a lawsuit in which each party, through the law of civil procedure, can obtain evidence from the other party or parties by means of discovery devices such as a request for answers to interrogatories, request for production of documents, request for admissions and depositions.
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Dispute resolution is the process of resolving disputes between parties.
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Divorce (or dissolution of marriage) is the termination of a marriage or marital union, the canceling and/or reorganizing of the legal duties and responsibilities of marriage, thus dissolving the bonds of matrimony between a married couple under the rule of law of the particular country and/or state.
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Due process is the legal requirement that the state must respect all legal rights that are owed to a person.
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The Eleventh Amendment (Amendment XI) to the United States Constitution, which was passed by Congress on March 4, 1794, and ratified by the states on February 7, 1795, deals with each state's sovereign immunity and was adopted in order to overrule the U.S. Supreme Court's decision in Chisholm v. Georgia,.
The Enforcement Act of 1871, also known as the Civil Rights Act of 1871, Force Act of 1871, Ku Klux Klan Act, Third Enforcement Act, or Third Ku Klux Klan Act, is an Act of the United States Congress which empowered the President to suspend the writ of habeas corpus to combat the Ku Klux Klan (KKK) and other white supremacy organizations.
England and Wales, is a jurisdiction covering two of the four countries of the United Kingdom, which form the constitutional successor to the former Kingdom of England and follow a single legal system, known as English law.
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Equitable remedies are judicial remedies developed by courts of equity from about the time of Henry VII to provide more flexible responses to changing social conditions than was possible in precedent-based common law.
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In jurisdictions following the English common law, equity is the set of maxims that "reign over all the law" and "from which flow all civil laws".
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The Erie doctrine is a fundamental legal doctrine of civil procedure in the United States which mandates that a federal court sitting in diversity jurisdiction (or in general, when hearing state law claims in contexts like supplemental jurisdiction or adversarial proceedings in bankruptcy) must apply state substantive law to resolve claims under state law.
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In law, estoppel is a set of doctrines in which a court prevents a litigant from taking an action the litigant normally would have the right to take, in order to prevent an inequitable result.
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The law of evidence encompasses the rules and legal principles that govern the proof of facts in a legal proceeding.
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The federal judiciary of the United States is one of the three co-equal branches of the Federal government of the United States organized under the United States Constitution and laws of the federal government.
The Federal Rules of Civil Procedure (FRCP) govern civil procedure (i.e. for civil lawsuits) in United States district (federal) courts.
Federalism is a political concept in which a group of members are bound together by covenant (Latin: foedus, covenant) with a governing representative head.
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In law, frivolous litigation is the practice of starting or carrying on lawsuits that, due to their lack of legal merit, have little to no chance of being won.
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Garnishment is an American legal order for collecting a monetary judgment on behalf of a plaintiff from a defendant.
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Impleader is a procedural device before trial in which one party joins a third party into a lawsuit because that third party is liable to an original defendant.
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An individual is a person or a specific object.
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An injunction is an equitable remedy in the form of a court order that compels a party to do or refrain from specific acts.
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In law, a joinder is the joining of two or more legal issues together.
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In law, a judgment is a decision of a court regarding the rights and liabilities of parties in a legal action or proceeding.
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The Judicature Acts are a series of Acts of Parliament, beginning in the 1870s, which aimed to fuse the hitherto split system of courts in England and Wales.
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Jurisdiction (from the Latin ius, iuris meaning "law" and dicere meaning "to speak") is the practical authority to interpret and apply the law, or to govern and legislate.
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A jury is a sworn body of people convened to render an impartial verdict (a finding of fact on a question) officially submitted to them by a court, or to set a penalty or judgment.
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A jury trial or trial by jury is a legal proceeding in which a jury either makes a decision or makes findings of fact, which then direct the actions of a judge.
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A lawsuit (or suit in law) is "a vernacular term for a suit, action, or cause instituted or depending between two private persons in the courts of law." The term refers to any proceeding by a party or parties against another in a court of law.
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A lawyer is a person who practices law, as a barrister, judge, attorney, counsel (counselor at law) or solicitor.
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The burden of proof (onus probandi) in the United States is the imperative on a party in a trial to produce the evidence that will shift the conclusion away from the default position to one's own position.
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A legal case is a dispute between opposing parties resolved by a court, or by some equivalent legal process.
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In the United States, a legal defense fund (or LDF) is an account set up to pay for legal expenses, which can include attorneys' fees, court filings, litigation costs, legal advice, or other legal fees.
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Legal financing (also known as litigation financing, professional funding, settlement funding, third party funding, legal funding, and, in England and Wales, litigation funding) is the mechanism or process through which litigants (and even law firms) can finance their litigation or other legal costs through a third party funding company.
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To have legal personality means to be capable of having legal rights and obligations within a certain legal system, such as entering into contracts, suing, and being sued.
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A legal remedy, also judicial relief or a judicial remedy, is the means with which a court of law, usually in the exercise of civil law jurisdiction, enforces a right, imposes a penalty, or makes another court order to impose its will.
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A lien is a form of security interest granted over an item of property to secure the payment of a debt or performance of some other obligation.
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On this page, environmental lawsuit means "a lawsuit where the well-being of an environmental asset or the well-being of a set of environmental assets is in dispute".
Litigation strategy is the process by which counsel for one party to a lawsuit intends to integrate their actions with anticipated events and reactions to achieve the overarching goal of the litigation.
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In finance, a loan is a debt provided by one entity (organization or individual) to another entity at an interest rate, and evidenced by a note which specifies, among other things, the principal amount, interest rate, and date of repayment.
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A mortgage loan, also referred to as a mortgage, is used by purchasers of real property to raise capital to buy real estate; or by existing property owners to raise funds for any purpose while putting a lien on the property being mortgaged.
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New York is a state in the Northeastern and Mid-Atlantic regions of the United States.
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Nolo, formerly known as Nolo Press, is a publisher in Berkeley, California, that produces do-it-yourself legal books and software that reduce the need for people to hire lawyers for simple legal matters such as making wills or writing business partnership contracts.
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A nonprofit organization (NPO, also known as a non-business entity) is an organization that uses its surplus revenues to further achieve its purpose or mission, rather than distributing its surplus income to the organization's directors (or equivalents) as profit or dividends.
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Personal injury is a legal term for an injury to the body, mind or emotions, as opposed to an injury to property.
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Personal jurisdiction is a court's jurisdiction over the parties to a lawsuit, as opposed to subject-matter jurisdiction, which is jurisdiction over the law and facts involved in the suit.
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A plaintiff (Π in legal shorthand), also known as a claimant or complainant, is the term used in some jurisdictions for the party who initiates a lawsuit (also known as an action) before a court.
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In the United States, a complaint is the first pleading filed by a plaintiff which initiates a lawsuit.
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Private law is that part of a civil law legal system which is part of the jus commune that involves relationships between individuals, such as the law of contracts or torts (as it is called in the common law), and the law of obligations (as it is called in civil legal systems).
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A private prosecution is a criminal proceeding initiated by an individual or private organisation (such as a prosecution association) instead of by a public prosecutor who represents the state.
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A pro se clerk is a clerk of the court, employed by the court and found in the courthouse.
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Pro se legal representation comes from Latin, literally meaning "on behalf of themselves", which basically means advocating on one's own behalf before a court, rather than being represented by a lawyer.
Res judicata or res iudicata, also known as claim preclusion, is the Latin term for "a matter judged", and refers to either of two concepts: in both civil law and common law legal systems, a case in which there has been a final judgment and is no longer subject to appeal; and the legal doctrine meant to bar (or preclude) continued litigation of a case on same issues between the same parties.
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Restorative justice is an approach to justice that focuses on the needs of the victims and the offenders, as well as the involved community, instead of satisfying abstract legal principles or punishing the offender.
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Rights are legal, social, or ethical principles of freedom or entitlement; that is, rights are the fundamental normative rules about what is allowed of people or owed to people, according to some legal system, social convention, or ethical theory.
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Service of process is the procedure by which a party to a lawsuit gives an appropriate notice of initial legal action to another party (such as a defendant), court, or administrative body in an effort to exercise jurisdiction over that person so as to enable that person to respond to the proceeding before the court, body, or other tribunal.
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In law, a settlement is a resolution between disputing parties about a legal case, reached either before or after court action begins.
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In law, standing or locus standi is the term for the ability of a party to demonstrate to the court sufficient connection to and harm from the law or action challenged to support that party's participation in the case.
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A state is an organized political community living under a single system of government.
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Statutory law or statute law is written law (as opposed to oral or customary law) set down by a legislature (as opposed to regulatory law promulgated by the executive or common law of the judiciary) or by a legislator (in the case of an absolute monarchy).
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In law, a summary judgment (also judgment as a matter of law) is a judgment entered by a court for one party and against another party summarily, i.e., without a full trial.
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Legally, a summons (also known in England and Wales as a claim form and in the Australian state of New South Wales as a Court Attendance Notice (CAN)) is a legal document issued by a court (a judicial summons) or by an administrative agency of government (an administrative summons) for various purposes.
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A state of the United States of America is one of the 50 constituent political entities that shares its sovereignty with the United States federal government.
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The United States of America (USA), commonly referred to as the United States (U.S.) or America, is a federal republic composed of 50 states, a federal district, five major territories and various possessions.
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The University of California, Santa Barbara (commonly referred to as UC Santa Barbara or UCSB) is a public research university and one of the 10 campuses of the University of California system.
Voluntary dismissal is termination of a lawsuit by voluntary request of the plaintiff (the party who originally filed the lawsuit).
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West (also known by its original name, West Publishing, and now a business unit of Thomson Reuters) publishes legal, business, and regulatory information in print, and on electronic services such as Westlaw.
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Workers' compensation is a form of insurance providing wage replacement and medical benefits to employees injured in the course of employment in exchange for mandatory relinquishment of the employee's right to sue his or her employer for the tort of negligence.
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A writ of execution (also known as an execution) is a court order granted to put in force a judgment of possession obtained by a plaintiff from a court.
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