Legal Terms & Definitions
Actual fraud
Definition: fraud committed with the actual intent to deceive and thereby injure another
compare constructive fraud in this entry
Appeal
Definition: a proceeding in which a case is brought before a higher court for review of a lower court’s judgment for the purpose of convincing the higher court that the lower court’s judgment was incorrect
Best evidence rule
Definition: a rule of evidence: in order to prove what is said or pictured in a writing, recording, or photograph the original must be provided unless the original is lost, destroyed, or otherwise unobtainable
Civil assault
Definition: an assault considered as a tort rather than as a crime
Common-law copyright
Definition: copyright in common law protecting unpublished works (Works created after January 1, 1978, are protected by statutory rather than common-law copyright while unpublished.)
Common-law lien
Definition: a lien under common law giving a creditor (as a bailee) in possession of the property the right to retain possession until payment of the amount due
Common-law marriage
Definition: a marriage that is without a ceremony and is based on the parties’ agreement to consider themselves married. Also on their cohabitation for a period and their public recognition of the marriage ( Most jurisdictions no longer allow this type of marriage to be formed, although they may recognize such marriages formed prior to a certain date or formed in a jurisdiction that does permit common-law marriages.)
Direct estoppel
Definition: estoppel by judgment barring the relitigation of issues litigated by the same parties on the same cause of action
Fraud
Definition: any act, expression, omission, or concealment calculated to deceive another to his or her disadvantage
Fraud in law
Definition: fraud that is presumed to have occurred in light of the circumstances irrespective of intent to deceive
Fraud in the factum
Definition: fraud in which the deception causes the other party to misunderstand the nature of the transaction in which he or she is engaging esp. with regard to the contents of an instrument (as a contract or promissory note)
Fraud on the court
Definition: fraud involving conduct that undermines the integrity of the judicial process (as by improperly influencing a judge, jury, or other court personnel)
Intrinsic fraud
Definition: fraud (as by the use of false or forged documents, false claims, or perjured testimony) that deceives the trier of fact and results in a judgment in favor of the party perpetrating the fraud
Irrevocable power of attorney
Definition: a power of attorney that cannot be revoked by the principal
Libel per se
Definition: libel that is actionable without the plaintiff introducing additional facts to show defamation or claiming special damages
Mail fraud
Definition: fraud committed by use of the postal service esp. as described in title 18 section 1341 of the U.S. Code
Quid pro quo sexual harassment
Definition: sexual harassment in which the satisfaction of sexual demands is made the condition of job benefits or continued employment or is used as the basis for employment decisions regarding the individual
Personal injury
Definition: a person sustains injuries that can be physical, mental, and financial as a result of the negligence of others
Product liability
Definition: the responsibility of a manufacturer or vendor of goods to compensate for injury caused by defective merchandise that it has provided for sale
Slander of title
Definition: a false and malicious written or spoken public statement disparaging a person’s title to property that causes harm for which special damages may be awarded
Tort reform
Definition: change or alteration of laws imposing civil liability for torts esp. to limit liability for punitive damages
Toxic tort
Definition: a tort in which there is personal injury or property damage due to exposure to toxic substances
Trust de son tort
Definition: Anglo-French de son tort (demesne) from his or her (own) wrongful act
Wire fraud
Definition: fraud committed by using a means of electronic communication (as a telephone)
Wrongful death
Definition: the taking of the life of an individual resulting from the willful or negligent act of another person or persons.
