Concept
32 topics
Royal Prerogative
The royal prerogative comprises the historic powers of the crown, making war and treaties, dissolving parliament, granting honors,...
Equity
Litigants unsatisfied by rigid common law remedies petitioned the Chancellor, the conscience of the king, and their petitions hard...
Habeas Corpus
Habeas corpus, Latin for you shall have the body, commands the custodian to bring a detainee to court and show lawful cause for ho...
Mens Rea
Criminal law generally requires a culpable mental state, mens rea, paired with the forbidden act. Doctrine grades it into purpose ...
Actus Reus
Actus reus comprises the prohibited act, result, or circumstance, together with any required causation, and must ordinarily be vol...
Tort
Tort law spans negligence, intentional wrongs like assault and trespass, and strict liability for dangerous activities and defecti...
Negligence
Modern negligence analysis asks whether the defendant owed the injured person a duty of care, whether conduct fell below the stand...
Consideration
Common law requires consideration, something of legal value bargained for, to enforce a promise, distinguishing contracts from gif...
Contract
A contract forms when an offer is met with acceptance supported by consideration, creating obligations the law will enforce. Forma...
Strict Liability
Strict liability attaches regardless of care in a narrow class of cases, chiefly abnormally dangerous activities like blasting and...
Insanity Defense
The modern rules date to the 1843 M Naghten case in England, asking whether the defendant knew the nature and quality of the act o...
Jury Trial
The jury of ordinary citizens decides contested facts, a lineage running from Athenian panels through Magna Carta to the modern pe...
Trust
The trust splits ownership, giving a trustee legal title to manage for beneficiaries holding equitable interest, an invention of m...
Statute of Limitations
Limitation periods, commonly two to six years for civil claims by type, force aggrieved parties to sue while evidence lives and gi...
Attorney-Client Privilege
Called the oldest of the common law confidences, the privilege protects communications made for legal advice so clients may speak ...
Discovery
Modern discovery lets parties compel documents, answers, and depositions before trial, overturning the old ambush model where evid...
Plea Bargaining
Over ninety percent of American criminal convictions arrive by negotiated plea rather than trial, a practice that grew quietly in ...
Class Action
Class treatment under Rule 23 aggregates thousands of small claims that no one would bring alone, binding absent members after not...
Grand Jury
The Fifth Amendment requires federal felony prosecution to begin with a grand jury indictment, a body of citizens hearing prosecut...
Presidential Pardon
Article Two empowers the President to grant reprieves and pardons for federal offenses, unchecked by Congress or review, except in...
Bail
Bail trades release before trial for conditions, historically money bonds, that secure appearance. The Eighth Amendment bars exces...
At-Will Employment
At-will employment lets either side end the relationship at any time without notice or cause, the default in every American state ...
Diplomatic Immunity
The 1961 Vienna Convention codified millennia of practice, granting envoys immunity from arrest and jurisdiction, inviolability of...
Sovereign Immunity
Rooted in the maxim that equals have no sovereignty over each other, sovereign immunity bars suits against states and their agenci...
Extradition
Extradition runs on bilateral and multilateral treaties requiring double criminality, the act be criminal in both states, and resp...
Customary International Law
Customary international law forms where consistent state practice meets opinio juris, the sense of legal obligation, and binds eve...
Restorative Justice
Restorative justice convenes victims, offenders, and communities to confront harm, agree reparation, and reintegrate, with New Zea...
Arbitration and Mediation
Arbitration submits disputes to a chosen private tribunal whose award travels worldwide under the 1958 New York Convention, enforc...
Fraud
Civil fraud requires a false representation made knowingly or recklessly, intended to be relied on, actually relied on, and causin...
Property and Easements
Property law organizes ownership through estates, led by the fee simple absolute, present and future interests, and co-ownership f...
Res Judicata
Latin for a matter judged, res judicata holds that once a court has reached a final judgment on the merits, the same parties may n...
Adverse Possession
Often called squatters' rights, adverse possession allows a person who possesses land openly, continuously, exclusively, and witho...