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Law & Governance

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282 domain-specific abstractions whose origin domain is Law & Governance. They span 264 subdomains — sort by that column to group them, or click any subdomain to filter to it.

AbstractionSubdomainDescription
Accord and satisfactionA contract-law discharge in which parties agree to substitute a different performance and the debtor completes that performance, extinguishing the original obligation.
AcquiescenceAs a result of acquiescence, the person whose rights are infringed may lose the ability to make a legal claim against the infringer, or may be unable to obtain an injunction against continued infringement.
Actual NoticeActual notice is a legally recognized state in which information is conveyed so that the intended person in fact knows the relevant matter, unlike notice merely imputed by law.
Adjustment ClauseA contract term that states how a claimed amount or benefit will be recalculated at settlement when specified facts—such as location loss allocation or misstated age—differ from the policy basis.
Advancement (inheritance)Advancement in inheritance law treats a substantial lifetime gift to an heir as an early portion of that heir's intestate share, so the gift is brought into the accounting used to equalize distribution at death.
Age of MajorityA jurisdiction’s legally fixed age at which a person attains majority status and its specified, limited legal effects.
Agent provocateurAn infiltrator or operative who goes beyond observation to induce a target person or group toward unlawful or discrediting conduct, creating an evidentiary, political or repressive pretext that might not otherwise exist.
Alienation (property law)The voluntary transfer or conveyance of a property interest by its holder to another person through a legally recognized act.
AlluvionA property-law mode by which gradual imperceptible river deposits accede to riparian land and ownership follows the principal parcel.
Ambiguity (Law)A legally material condition in which authoritative text supports more than one reasonable meaning, triggering context-sensitive interpretive methods, evidentiary rules, and burden-allocating canons.
Analogia LegisFill a genuine legal gap by extending the rule for a regulated case to an unregulated but relevantly similar case because the rule's justificatory reason applies to both.
Analogy (law)A legal reasoning method extending a rule or precedent to an unresolved case because legally relevant similarities outweigh material differences.
Anti-alienation clauseA legal provision restricting a beneficiary's ability to transfer an interest and, within applicable limits, restricting creditors from reaching it.
Argumentum e ContrarioA defeasible legal argument that draws a precisely scoped negative implication about an omitted case from a text's express treatment of a comparable case.
Assignment (law)Transfer an existing contractual or property right from an assignor to an assignee while preserving the obligor's underlying burden and carrying applicable defenses, notice rules, and priority constraints.
At-will employmentIn United States labor law, at-will employment is an employer's ability to dismiss an employee for any reason (that is, without having to establish "just cause" for termination).
Audi alteram partemThe natural-justice principle that no person should be judged adversely without a fair opportunity to know and answer the case, challenge opposing evidence, and present their own material.
Bad tendencyIn United States law, the bad tendency principle was a test that permitted restriction of freedom of speech by government if it was believed that a form of speech had a sole tendency to incite or cause illegal activity.
Basic Structure DoctrineA constitutional doctrine that prevents an amending legislature from destroying foundational features of the constitutional order, as identified and enforced by courts.
Beneficial interestA beneficial interest is the right that a person has arising from a contract to which they are not a party, or a trust.
Beneficium inventariiBeneficium inventarii (literally benefit of the inventory) is a legal doctrine introduced into Roman law by Justinian I to limit the liability of heirs resulting from an insolvent estate.
Blackstone's ratioIn criminal law, Blackstone's ratio is the ratio between letting guilty go unpunished (error of impunity) and convicting innocent people, two forms of miscarriage of justice.
Blue pencil doctrineA severability rule allowing a court to remove unenforceable contractual language while preserving the remainder when deletion leaves a coherent agreement without impermissible rewriting.
Born secretClassify specified information by statutory subject matter from its creation rather than only through a later executive classification decision.
Breach of ContractA legally cognizable failure to honor a binding contractual duty, including qualifying anticipatory repudiation.
Cabotage access ruleA host jurisdiction decides whether an outside carrier may provide a covered internal transport service under specified eligibility and service conditions.
Caveat emptorA sales-law principle placing residual responsibility on a buyer to inspect and accept defects not protected by warranty, disclosure duty or statute.
Certainty in English lawThe doctrinal requirement that voluntary obligations be sufficiently definite for an English court to identify and enforce their legal content.
Charter instrumentAn effective charter records and enacts a bounded mandate for an undertaking or body under its governing regime.
Child SupportA child-directed financial contribution allocated between parents living apart, with its payer, amount, recipient and payment route set by an agreement or applicable support rules.
Chilling effectA chilling effect is the phenomenon in which an individual, organization, or group is prevented from exercising their legal rights, leading to self-censorship in the form of the restraint of information sharing or the abstinence from certain activities.
Civic lotteryA sortition procedure that randomly selects citizens for public office, deliberative bodies, or civic duties from an eligible population.
Civil deathDescribe a jurisdiction-created legal status in which a living person loses a broad cluster of civil capacities and rights, distinct from any single collateral consequence or biological death.
Collateral estoppelThe issue-preclusion doctrine barring relitigation of a fact or law issue already actually litigated, necessarily decided and covered by a final valid judgment under applicable party and fairness rules.
Collective self-defenceA state's Article 51 claim to use necessary and proportionate defensive force after another state suffers an armed attack and requests assistance.
Common EmploymentA historical employer-liability defense that barred certain worker claims for injury caused by a negligent fellow worker in the same service.
Commons-Based Peer ProductionDecentralized production in which contributors self-select modular tasks, coordinate and integrate work through shared information, and govern inputs or outputs as a commons rather than chiefly by hierarchy or price.
Company FormationLegal constitution of a company under a jurisdiction's registration and governance rules.
Competence (law)A decision-specific legal capacity standard determining whether a person can understand, participate in or make a particular legal choice or bear responsibility.
Comply or ExplainComply or explain is a regulatory approach used in the United Kingdom, Germany, the Netherlands and other countries in the field of corporate governance and financial supervision.
Conditional community disposition after finding of guiltA post-guilt court disposition that permits a bounded community interval while specified future conduct can return the case for a judicial response.
Conditional limitationA property-law provision under which an estate or interest terminates automatically when a stated contingency occurs and another interest may take effect.
Conditional Technology MoratoriumA defined technology activity is paused, or proposed for pause, until a stated safety, evidence, governance, or public-legitimacy condition permits reconsidering its resumption.
Confession and avoidanceConfession and avoidance, in pleading, relates to a plea which admits that the facts alleged in a declaration are true, but which shows new facts by which it is hoped to destroy the effect of the allegations admitted.
ConnivanceConnivance is knowing and active or passive cooperation with another's wrongdoing, including conduct that induces, permits, conceals, or strategically fails to oppose the act and may bar a later complaint about it.
Constitutional HardballA high-stakes political use of a constitutionally defensible move that strains a settled background convention governing the constitutional order.
ConstitutionalismConstitute public authority through higher-order norms while making the validity and legitimacy of its exercise depend on durable limits that current officeholders cannot remove at ordinary political will.
Constructive EvictionA tenancy doctrine that treats landlord-attributable substantial interference and qualifying tenant departure as an eviction without physical ouster, with consequences set by governing law.
Consumer ProtectionThe legal, regulatory, organizational, and remedial practices that safeguard buyers and affected publics from fraud, unsafe products, misleading information, unfair terms, and other marketplace abuses.
Contingent ContractA binding agreement that specifies different obligations or outcomes depending on an uncertain future condition.
Contributory NegligenceA jurisdiction-dependent negligence defense that can bar recovery when the claimant's own failure of care proximately contributed to the injury.
CopyrightA territorial legal regime granting bounded exclusive control over qualifying original expression while preserving subject-matter limits, exceptions, and eventual public access.
Cornering the marketAcquiring control over enough supply of an asset or commodity to restrict competition and influence price.
Corporate accountability for human rights violationsThe mechanisms by which corporations are held answerable and remediate human-rights harms they cause or enable.
Corporate PersonhoodA governing law recognizes an incorporated collective as a distinct juridical bearer of specified capacities in its own name, apart from its changing members.
Cost-plus contractA cost-plus contract, also termed a cost plus contract, is a contract such that a contractor is paid for all of its allowed expenses, plus an additional payment to allow for risk and incentive sharing.
Course of DealingA prior pattern of transactions between the same contracting parties used, under an applicable legal rule, to interpret or supplement their current agreement.
Cover (law)A buyer's UCC sales remedy of making a reasonable, good-faith substitute purchase after seller breach and using its cost to measure expectation damages.
Criminal Compounding of an OffenceA jurisdiction-defined offense involving a benefit bargained for suppressing a legally specified prosecution or disclosure route concerning another crime.
Criminal ConversationCriminal conversation is a civil claim against a third party for sexual intercourse with the claimant's spouse during a legally actionable marriage.
Critical Race TheoryA legal and interdisciplinary framework that examines how ostensibly neutral law, institutions, and discourse construct and reproduce systemic racial power beyond individual prejudice.
Cross-examinationIn law, cross-examination is the interrogation of a witness by one's opponent.
DecriminalizationA formal change that removes criminal status or liability from specified conduct while defining its resulting legal treatment and remaining limits.
Deeds registrationA land-record system that records instruments affecting title while leaving ownership to be established from the chain and legal effect of those deeds rather than guaranteeing a conclusive state title.
Defensive terminationAn intellectual-property license clause allowing a licensor to terminate granted rights if the licensee asserts specified infringement claims against the licensor.
Demise of the CrownTransfer the constitutional capacities of the Crown automatically to a successor on a sovereign's death or qualifying abdication while preserving state continuity under jurisdiction-specific law.
Derivative WorkUnder U.S. copyright law, a work that recasts, transforms, or adapts a preexisting work, with new authorship and underlying rights assessed separately.
Dignity TakingDignity taking is the destruction or confiscation of property rights from owners or occupiers, where the intentional or unintentional outcome is dehumanization or infantilization.
Discovery DoctrineThe discovery doctrine, or doctrine of discovery, is a disputed interpretation of international law during the Age of Discovery, introduced into United States municipal law by the US Supreme Court justice John Marshall in Johnson v.
Doctrine of ColourabilityA constitutional-review doctrine that looks past legislative form to determine whether a body has indirectly exercised power it lacks authority to exercise directly.
Doctrine of equivalentsA patent-law doctrine allowing infringement when an accused element is not literal but is legally equivalent to a claimed element.
Doctrine of inherencyA United States patent-law doctrine allowing prior art to anticipate an unstated claim limitation only when that feature necessarily results from the reference’s express teaching.
Doctrine of Repair and ReconstructionA United States patent-law boundary that permits an owner or authorized user to preserve a particular patented article, while treating work that in substance makes a new patented article as infringing reconstruction.
Dominant Factor TestA jurisdiction-dependent legal test that classifies a game by asking whether skill or chance is the predominant causal factor in its outcome under the game's character and ordinary operation.
Dominium directum et utileThe feudal-law division of ownership into a superior estate carrying lordship and incidents and a useful estate carrying possession, use and profit.
Duty of PrudenceRequire a trustee to administer a trust with context-sensitive reasonable care, skill, and caution, judged through the trust's purposes, terms, distribution needs, and circumstances.
Duty to RescueImpose a jurisdiction-specific legal obligation to take reasonable, feasible steps to aid or summon aid for a person in serious peril when a recognized trigger applies and assistance does not create disproportionate danger or conflict.
Election of remediesA civil-procedure doctrine requiring a claimant entitled to inconsistent remedies for one wrong to choose among them so recovery does not become duplicative or logically contradictory.
Eminent DomainA sovereign legal power to compel the transfer or burdening of a protected property interest for an authorized public purpose through prescribed condemnation procedures and compensation, despite the owner’s refusal to sell.
Employment ContractAn agreement through which a worker undertakes personal work for an employer under specified conditions in exchange for remuneration, creating or governing an employment relationship.
En ventre sa mereA conceived but unborn child is treated as in being at an earlier legal date for a specified beneficial entitlement, subject to the governing rule and later birth.
Endorsement testA historically used U.S. Establishment Clause test asking whether informed observers would read government conduct as official endorsement or disapproval of religion.
English unjust enrichment lawClassify a defendant's receipt as actionable unjust enrichment in English law through enrichment, claimant-relative expense, a recognized unjust factor, and absence of a defense, with restitution as the prima facie response.
Entry into ForceIn law, coming into force or entry into force (also called commencement) is the process by which legislation, regulations, treaties and other legal instruments come to have legal force and effect.
Equality before the lawA legal principle requiring governing rules and institutions to apply the law without arbitrary status-based privilege or disadvantage and to provide equal legal protection.
Essentialia negotiiThe legally indispensable terms that parties must settle for a particular kind of agreement to be sufficiently definite and capable of forming an enforceable contract.
Estate planningA coordinated legal and financial process arranging property management, incapacity, probate, tax, and transfers before a person's death.
Estoppel in English lawA family of English-law doctrines that can prevent a party from asserting a right or factual position inconsistent with a legally significant earlier representation, assumption or conduct.
Event of defaultA contractually defined occurrence that activates specified remedies or enforcement rights for a nondefaulting party.
Evidence (law)Govern how proposed proof enters and operates in a legal proceeding through jurisdiction-specific rules of relevance, admissibility, authentication, privilege, exclusion, weight, burdens, and factfinder responsibility.
Ex factis jus oriturAn international-law maxim that legal consequences arise from relevant facts, balanced against the principle that unlawful acts should not generate legal rights.
Ex nuncA legal temporal-effect rule under which an act, decision, or change operates from its effective moment forward rather than retroactively.
Ex turpi causa non oritur actioThe illegality doctrine that can bar a claimant from obtaining a civil remedy founded on or sufficiently connected to the claimant's own unlawful conduct.
Exclusion clauseA contractual term seeking to exclude, limit or qualify a party’s liability, duty or remedy that would otherwise arise.
Executive privilegeA qualified governmental confidentiality doctrine under which an executive may resist compelled disclosure of certain internal communications or information, subject to constitutional balancing and exceptions.
Exigent circumstanceOnce entry is obtained, the plain view doctrine applies, allowing the seizure of any evidence or contraband discovered in the course of actions consequent upon the exigent circumstances.
Extrinsic fraudFraud collateral to the merits of a case that prevents a party from fairly presenting a claim or defense and can support exceptional relief from a judgment under applicable law.
Filing (law)A rule-governed submission event in which an identified document reaches an authorized tribunal or public body through a permitted channel, acquires an official filing time and record association, and becomes available for the procedural effects assigned to that filing.
Forum non conveniensA discretionary doctrine by which a court that has jurisdiction declines a case because an available alternative forum is substantially more appropriate after balancing private and public interests.
Four UnitiesThe four unities is a concept in the common law of real property that describes conditions that must exist in order to create certain kinds of property interests.
FraudIntentional deception used to obtain an unlawful or unfair benefit or to deprive another of a legally protected right under a governing civil or criminal rule.
Free scientific researchA jurisprudential method that interprets and fills gaps in positive law through disciplined inquiry into social facts, values, equity and the nature of things rather than text alone.
Freedom of TestationFreedom of testation is a person's legally recognized power to direct estate distribution by will, subject to the governing succession law's protected-claimant limits.
Fundamental BreachA historical common-law doctrine under which an exceptionally grave breach was said automatically to defeat an exclusion clause—a rule-of-law theory later rejected in English law and laid to rest in Canadian law.
Gift (Property Law)Transfer a present property interest voluntarily and without consideration through donative intent, legally sufficient delivery, and acceptance, subject to type-specific formalities and revocation rules.
Golden rule (law)A statutory-interpretation rule directing a court to depart from an ordinary grammatical reading when that reading would produce an absurd, inconsistent or repugnant result.
Good guy clauseA commercial-lease guarantee provision, especially in New York, that releases a personal guarantor from future rent liability after timely notice, payment through surrender and compliant vacancy of the premises.
Hard Cases Make Bad LawA legal caution against shaping a general rule around an exceptional case without testing its wider reach.
Harmless ErrorAn appellate doctrine that leaves a judgment undisturbed despite a proven trial error when the governing standard finds the error did not affect substantial rights or did not contribute sufficiently to the outcome to require reversal.
Head of state successionThe constitutional process that determines who assumes the office, powers or interim duties of a head of state when a vacancy, incapacity, removal or term transition occurs.
Hicklin TestThe Hicklin test is a legal test for obscenity established by the English case R. v Hicklin (1868).
Hostile work environmentA United States employment-law claim in which discriminatory harassment is sufficiently severe or pervasive to alter working conditions and create an abusive environment.
Imperfect self-defenseA partial criminal-law doctrine in some jurisdictions that mitigates homicide when a defendant honestly but unreasonably believed deadly force was necessary, without producing a complete acquittal.
Implied authorityAn agent's legal power to bind a principal for acts reasonably necessary or customary to carry out authority manifested through a role, conduct, or surrounding circumstances rather than express words.
Implied repealA statutory doctrine under which a later enactment renders irreconcilably inconsistent provisions of an earlier enactment inoperative without expressly naming their repeal.
Implied WarrantyAn implied warranty is a legally supplied assurance in a qualifying transaction even when no express promise states it.
Impossibility of performanceThe doctrine or principle of impossibility, impossibility of performance or impossibility of performance of contract is a doctrine in contract law, and in this context, the "impossibility defense" is a defense offered against a claim for nonperformance.
ImpracticabilityExcuse a contractual duty when an unallocated supervening contingency, whose nonoccurrence was a basic assumption, makes performance impracticable without the obligor's fault.
Imputation (law)The legal attribution of knowledge, intent, conduct or responsibility to a person or entity whether or not it was subjectively possessed in fact.
Inclusion riderA negotiated contract provision requiring specified diversity, inclusion or opportunity standards in casting, hiring or production staffing.
Injury (law)Classify an invasion of a legally protected interest or a legally cognizable detriment as injury, keeping that status distinct from factual harm, actionable wrong, causation, standing, and remedy under the governing jurisdiction.
Integration clauseA contract provision declaring the writing to be the parties' complete and final agreement on its subject and superseding prior or contemporaneous negotiations and representations.
Interlocutory injunctionA court's provisional, binding direction governing conduct during an unresolved dispute to protect the possibility of effective adjudication or relief.
Intervention (International Law)Assess coercive interference by one state in matters another state is legally entitled to decide, distinguishing prohibited intervention and use of force from consent, Security Council authorization, self-defense, and noncoercive influence.
Invitation to treatA communication inviting others to make offers rather than itself expressing a presently binding willingness to contract upon acceptance.
Judicial deferenceA doctrine or posture in which a reviewing court gives weight, latitude or decisional priority to another institution's judgment within a defined field, standard and constitutional boundary.
JurisdictionJurisdiction is the legally recognized authority of a court, legislature, regulator, or other institution to hear matters, make binding decisions, prescribe rules, or enforce law over specified persons, subject matter, territory, acts, or procedural stages.
Jurisdictional factAn objective statutory criterion whose actual satisfaction conditions official power or a mandated outcome and is judicially determinable when challenged.
Juror MisconductA juror's violation of court rules or duties—such as outside communication, independent research, experiments, or undisclosed bias—that threatens decision-making from admitted evidence and lawful instructions.
Jury selectionThe legally governed process that constructs a trial jury from a community source pool through random sampling, qualification, voir dire and permitted challenges.
Kompetenz-kompetenzThe jurisdictional doctrine that a court or arbitral tribunal may rule on the existence and scope of its own competence.
Latent defectA property or construction fault that a reasonably thorough pre-transaction or pre-completion inspection would not have revealed.
Law in actionLaw in action is a legal theory, associated with legal realism, that examines the role of law, not just as it exists in the statutes and cases, but as it is actually applied in society.
Law of the caseA common-law doctrine under which legal rulings made earlier in the same litigation ordinarily govern later stages unless a recognized reason permits reconsideration.
Law of the Horse CritiqueA legal-field objection to grouping disputes by a shared subject when existing doctrines explain them without a distinct cross-cutting principle.
Law without the stateLaw without the state (also called transnational stateless law, stateless law, or private legal orderings) is law made primarily outside of the power of a state.
LeaseA lease allocates possession or use of identified property for a term while retaining a legally defined residual interest.
Lease purchase contractAn agreement combining a lease with a binding or option-based pathway for the lessee to purchase the rented property under stated future terms.
Legal DoctrineAn authority-grounded reusable rule, test, standard, or decision framework that connects recurring legal questions to legal consequences within a jurisdiction.
Legal FictionAn authorized legal as-if premise gives specified consequences to a status or event despite a gap from ordinary fact or prior legal form.
Legal FormalismA descriptive or normative theory of adjudication in which judges derive outcomes from authoritative legal rules and accepted facts through disciplined, often deductive reasoning that limits recourse to policy or personal morality.
Legal FrameworkA legal framework is an organized configuration of legal authorities, substantive duties or permissions, institutional roles, procedures, enforcement mechanisms, and remedies that jointly govern a defined activity, relationship, risk, or policy domain within a jurisdiction.
Legal liabilityIn law, liable means "responsible or answerable in law; legally obligated".
Legal malpracticeLegal malpractice is the term for negligence, breach of fiduciary duty, or breach of contract by a lawyer during the provision of legal services that causes harm to a client.
Legal OffenseA legal offense is a jurisdiction-defined act, omission, course of conduct, or prohibited state of affairs whose specified elements and required mental state or liability standard expose a legally responsible person or entity to criminal or regulatory prosecution and sanction.
Legal ProcedureAn institutionally authorized and rule-governed sequence through which a court or legal body receives, tests, decides, records, reviews, or enforces a matter.
Legal RightAn institutionally recognized claim, liberty, power, or immunity held by a legal person or class and given legal consequences, protection, remedy, or enforceability within a jurisdiction.
Legal SyllogismA deductive legal-argument schema deriving a case-specific legal consequence from an accepted general legal rule and a case characterized under its conditions.
Legal SystemA legal system is an organized order of recognized norms, sources, institutions, offices, procedures, interpretive practices, and enforcement arrangements through which a polity or community creates, identifies, applies, contests, and changes law.
Liability of trustees inter se in English lawThe English trust-law rules allocating responsibility and contribution among co-trustees when a breach of trust produces joint exposure but fault, knowledge or benefit differs between them.
Line of hereditary successionOrder eligible persons for inheritance of a hereditary office, title, or entitlement by applying a declared grant, statute, custom, kinship rule, and disqualification regime.
Linguistic rightsHuman and civil rights governing individuals' and communities' ability to use, maintain, learn, transmit, and receive public or private services in chosen languages.
Liquidated DamagesA contract's advance monetary measure for a specified breach, subject to the governing law's penalty and interpretation limits.
Lord Advocate's ReferenceIn Scottish law, a Lord Advocate's Reference is a procedure by which the Lord Advocate can refer a point of law that has arisen during the course of solemn proceedings to the High Court of Justiciary sitting as the Court of Criminal Appeal, for a determination.
Major Questions DoctrineAn exceptional U.S. federal interpretive doctrine asking whether Congress clearly authorized a consequential power claimed by an agency.
Marketable titleA real-property title sufficiently free from reasonable doubt and litigation risk that a prudent buyer can be compelled in equity to accept it under the contract.
Mater semper certa estThe Roman-law presumption that legal maternity is conclusively established by the fact of giving birth.
Materiality (law)—The legal threshold by which a fact, omission, representation, or piece of evidence is significant enough to matter under the governing legal issue or decision.
Matrix SchemeA recruitment-dependent sales arrangement in which buying a low-value product places a participant in a queue for a higher-value reward, with delivery triggered or funded by enough later purchases.
Merger doctrine (property law)In the law of real property, the merger doctrine stands for the proposition that the contract for the conveyance of property merges into the deed of conveyance; therefore, any guarantees made in the contract that are not reflected in the deed are extinguished when the deed is conveyed to the buyer of the property.
Miller testThe United States three-prong obscenity test requiring prurient appeal, patently offensive depiction of legally defined sexual conduct, and absence of serious LAPS value in the work as a whole.
Mistake (contract law)A contract-law doctrine governing when an erroneous belief existing at formation prevents agreement, makes a transaction void or voidable, or supports a limited remedy.
Mitigation of DamagesLimit recovery after a legal wrong by excluding loss the injured party could reasonably have avoided, while allowing reasonable mitigation costs and leaving the wrongdoer liable for unavoidable or reasonably incurred residual loss.
Monism and dualism in international lawThe terms monism and dualism are used to describe two different theories of the relationship between international law and domestic law.
MonopolizationThe United States antitrust offense of possessing monopoly power in a relevant market and willfully acquiring or maintaining it through exclusionary conduct rather than superior performance or lawful accident.
Mosaic EffectRecognize that separately innocuous information fragments can, when linked and interpreted together, disclose a sensitive fact or damaging picture absent from every fragment in isolation.
Motion to strike (court of law)A motion to strike is a request by one party in a United States trial requesting that the presiding judge order the removal of all or part of the opposing party's pleading to the court.
Negative and Positive RightsA legal-right distinction between duties to refrain from interference and duties to protect, facilitate, or provide, which can coexist within one right.
Negotiorum gestioA civil-law quasi-contract in which a person voluntarily and usefully manages another's affairs without prior authority, creating duties of prudent management and, when legal conditions are met, reimbursement rather than profit.
Nemo iudex in causa suaThe natural-justice principle that no person or body should adjudicate a matter in which it has a disqualifying interest, protecting impartiality and, in some systems, the appearance as well as actuality of unbiased judgment.
Newbury principlesA test requiring development conditions to serve a planning purpose, fairly relate to the development, and remain reasonable.
Non Bis in IdemBar a renewed criminal prosecution or punishment after a qualifying final acquittal or conviction by testing the same person, criminal nature, finality, identity of the matter, jurisdictional reach, and narrowly defined exceptions.
Non-compete clauseA contractual restrictive covenant limiting a party’s ability to perform competing work or business after or during a relationship.
Non-refoulementA legal principle barring a state from transferring a person to a territory where specified persecution, torture, or other grave harm faces a real risk.
Non-retroactivityA legal temporal-application principle that bars a later rule from worsening the legal consequences of conduct completed before that rule took effect, with jurisdiction- and field-specific exceptions.
Non-violation nullification of benefitsA WTO dispute claim alleging that a measure consistent with an agreement nevertheless upsets a negotiated benefit that could reasonably have been expected.
Nondelegation doctrineThe doctrine of nondelegation (or non-delegation principle) is the theory that one branch of government must not authorize another entity to exercise the power or function which it is constitutionally authorized to exercise itself.
Nuisance (Law)Nuisance law addresses legally sufficient interference with private land use or a public right, with distinct protected interests and claimant routes.
Nuremberg principlesSeven International Law Commission formulations that distill individual criminal responsibility, official-capacity and superior-orders limits, fair-trial entitlement, the core international crimes, and complicity from the postwar Nuremberg legal settlement.
Obiter DictumAn obiter dictum is a judicial statement outside the grounds necessary to decide the case, whose later force depends on the statement, court, and precedent context.
OccupatioA Roman-law mode of original acquisition by taking possession of an ownerless thing with intent to own it.
Offer of JudgmentA formal civil-litigation offer under a governing rule, with prescribed response terms and possible post-offer cost consequences if an unaccepted offer meets that rule's judgment benchmark.
Offer of proofA trial-court explanation of excluded or challenged evidence that states what the evidence would show and why it is admissible, preserving the issue for review.
Paraphrasing of copyrighted materialA copyright-analysis problem asking whether a restatement reproduces protected expression substantially enough to infringe despite changing the literal wording.
Parker immunity doctrineA U.S. federal antitrust doctrine that attributes a challenged restraint to deliberate state policy under actor-specific articulation and supervision rules.
Part exchangeA transaction in which one party supplies an existing good or service plus money or other consideration toward acquiring another good or service.
Partial agreementA Council of Europe cooperation framework in which only a subset of member states participates in and finances a major activity under the organization’s institutional umbrella.
Partial VerdictA federal criminal jury's unanimous return for agreed defendants or counts while other defendants or counts remain unresolved.
Partially disclosed principalA principal–agent situation in which a third party knows the agent acts for someone else but does not know that principal's identity.
Penal damagesA stipulated contract sum characterized as punishment rather than a proportionate pre-estimate or protection of a legitimate interest, and therefore restricted or unenforceable in many common-law systems.
Perfection (law)The legally prescribed step that makes a security interest effective against third parties and establishes its priority posture.
Periculum in MoraPericulum in mora, Latin for "danger in delay", in Italian law and other civil law systems, is one of two conditions which must be asserted in actions aimed at obtaining a protective order or injunction, the other condition being fumus boni iuris, corresponding to the common law concept of a Prima facie case.
PerjuryPerjury (also known as forswearing) is the intentional act of swearing a false oath or falsifying an affirmation to tell the truth, whether spoken or in writing, concerning matters material to an official proceeding.
Perpetration through another personAttributes principal responsibility under ICC Article 25(3)(a) when an actor controls a crime's commission through another person who performs its material acts.
Pinkerton liabilityAttribute a U.S. federal conspirator's criminal liability for a co-conspirator's substantive offense when it was committed in furtherance of the conspiracy, within its scope, and reasonably foreseeable.
Political questionA United States justiciability doctrine under which federal courts decline constitutional disputes committed to political branches or lacking judicially manageable standards.
Polycentric LawA legal arrangement with overlapping, partly autonomous centers of rule, adjudication, or enforcement coordinated through jurisdiction, recognition, conflict, and appeal mechanisms.
Presumption of ConstitutionalityA jurisdiction- and claim-sensitive judicial-review starting rule that treats an enacted law as initially valid while allowing a constitutional challenge to defeat it.
Presumption of innocenceThe presumption of innocence is a legal principle that every person accused of any crime is considered innocent until proven guilty.
Principle of legality in criminal lawThe rule that no one may be convicted or punished for conduct not clearly criminalized by accessible law before the conduct occurred.
Principle of typicalityA legality principle requiring conduct and sanctions to fit predefined legal categories, especially barring analogy in criminal liability.
Privity of contractThe doctrine of privity of contract is a common law principle which provides that a contract cannot confer rights or impose obligations upon anyone who is not a party to that contract.
Probable causeA United States constitutional standard requiring a practical, fact-based probability of crime or evidence before arrests, searches or warrants, assessed under the totality of circumstances.
Procedural defenseA legal defense that contests the legitimacy, timing, forum, or conduct of a proceeding rather than resolving the underlying merits of the charge or claim.
Procedure in conflict of lawsThe forum-law principle that a court ordinarily applies its own procedural rules while using choice-of-law analysis for issues characterized as substantive.
Property QualificationA legal eligibility rule that conditions voting, candidacy, officeholding, or another civic privilege on property ownership, occupancy, income, tax status, or a minimum asset value.
Proportionality (law)A legal principle requiring a measure that limits rights or imposes burdens to remain suitably related to a legitimate aim, often through suitability, necessity and balancing tests.
Proprietary estoppelAn equitable doctrine allowing relief where a property owner gives an assurance of rights, the claimant reasonably relies on it to their detriment, and repudiation would be unconscionable.
Purcell principleA U.S. election-law doctrine counseling courts against changing election rules close to an election because late intervention may confuse voters and administrators.
Quasi-ContractA quasi-contract is a legal characterization of a restitutionary obligation imposed independently of actual agreement when one party has received or managed a benefit under circumstances that make retention without compensation or restoration legally unjust.
Quasi-delictA civil-law category of nonintentional extra-contractual fault, especially negligence, that creates an obligation to repair damage despite the absence of a prior contract or wilful delict.
Quasi-propertyA legally protected interest that resembles selected incidents of property against specified parties or conduct without conferring full ownership against the world.
Quiet-title actionA civil action asking a court to determine a stated property interest against adverse claims, with effects bounded by the governing jurisdiction's rules.
Race to the courthouseAn informal label for recording-priority rules under which the first claimant to file or record a qualifying instrument gains priority over later filings.
RatificationA legally authorized act confirming an earlier agreement, agent act, constitutional proposal, or treaty so it acquires binding effect under the governing legal system.
Real Party in InterestThe person or entity that owns or is authorized to enforce a claim under governing law and therefore is ordinarily the proper named party to prosecute it.
Reasonable timeReasonable time is that amount of time which is fairly necessary, conveniently, to do whatever is required to be done, as soon as circumstances permit.
RechtsstaatRechtsstaat (; lit. "state of law"; "legal state") is a doctrine in continental European legal thinking, originating in German jurisprudence.
Reconciliation (family law)The legally significant resumption of marital cohabitation and relationship by spouses who were separated.
Rectification (law)An equitable remedy correcting a written instrument so it records the parties' legally established prior common intention.
Remoteness in English lawA head-specific limit on compensation for factually linked loss, tested against the applicable ex ante responsibility standard in English law.
Rent controlJurisdiction-specific limits on rent levels or increases for covered residential tenancies.
Repugnancy in Indian Instrument ConstructionAn irreconcilable conflict between operative clauses of one legal instrument, resolved under the priority rule for that instrument after whole-document reconciliation fails.
Requirements ContractA supply contract in which the seller agrees to furnish the buyer's actual requirements for specified goods or services and the buyer commits to obtain those requirements exclusively from that seller, with quantity governed by good faith and applicable legal limits.
Res JudicataIn its claim-preclusion sense, the rule that an effective final judgment closes the same claim to a later independent suit by bound litigants, including previously available grounds.
Rescue DoctrineA jurisdiction-dependent tort doctrine treating reasonable rescue as a foreseeable response to defendant-created peril, potentially allowing an injured rescuer to recover from the danger creator.
Right of Self-DefenseA legal justification that can make otherwise wrongful defensive force lawful when it responds to a qualifying threat under jurisdiction-specific requirements such as necessity, proportionality, and reasonable perception.
Right of survivorshipRight of survivorship is a recurring identity in social sciences, humanities, and arts defined by this frozen evidence: In property law, a concurrent estate or co-tenancy is any of various ways in which property is owned by more than one person at a time.
Right to HealthThe right to health is the economic, social, and cultural right to a universal minimum standard of health to which all individuals are entitled.
Right to privacyProtect persons against arbitrary or unlawful interference with private life, family, home, correspondence, bodily and decisional autonomy, or personal information, subject to the governing legal system's scope and justified limitations.
Right to rest and leisureThe right to rest and leisure is the economic, social and cultural right to adequate time away from work and other societal responsibilities.
Rigid constitutionSeparates constitutional alteration from ordinary lawmaking by requiring an additional or more demanding legal amendment procedure.
Rooker–Feldman DoctrineA narrow U.S. federal-jurisdiction doctrine barring lower federal district courts from hearing cases brought by state-court losers whose alleged injury is caused by a completed state judgment and whose federal suit invites review and rejection of that judgment.
Rule according to higher lawThe jurisprudential principle that enacted governmental law is legitimate or enforceable only insofar as it conforms to superior standards of justice or fundamental law.
Rule Against PerpetuitiesA jurisdiction-dependent property-law validity rule that limits how remotely certain future interests or powers may vest or terminate.
SaisineFrench legal heirs' immediate seisin of a deceased person's assets, rights and actions by operation of law.
Seaworthiness (law)The maritime-law condition that a vessel, crew and equipment are reasonably fit for the voyage, cargo and risks contemplated by a contract or statute.
Secured transactionA secured transaction is a loan or a credit transaction in which the lender acquires a security interest in collateral owned by the borrower and is entitled to foreclose on or repossess the collateral in the event of the borrower's default.
Service ex jurisService ex juris is legal notice of an upcoming proceeding given to a defendant who resides outside of the jurisdiction of the court.
Shelter RuleThe doctrine that a transferee generally inherits a protected transferor's priority or enforcement rights even when the transferee could not independently obtain that protected status.
Side letter (contract law)A legally operative ancillary agreement used to clarify, supplement, or amend matters outside the principal contract.
Skepticism in lawSkepticism in law is a school of jurisprudence that was a reaction against the idea of natural law, and a response to the formalism of legal positivists.
Small but significant and non-transitory increase in priceA competition-law hypothetical-monopolist test that expands a candidate market until a small durable price increase would be profitable.
Soft lawGuide conduct through formally nonbinding recommendations, declarations, standards, or codes whose practical influence arises from authority, coordination, reputation, interpretation, and anticipated hardening.
Stand-your-ground lawA jurisdiction-specific self-defense rule removing an otherwise applicable duty to retreat before justified defensive force in a place where the actor may lawfully be, while retaining imminence, necessity, proportionality, and other local conditions.
Standard form contractA prewritten agreement whose terms are supplied predominantly by one party for repeated transactions and offered with little or no opportunity for individual negotiation.
Standard of CivilisationScholars came to recognise that speaking of civilisation largely functioned as "an elusive cultural marker than achievable legal standard." Japanese legal scholar Tsurataro Senga noted that when Europeans speak of civilisation or civilised states, they are largely doing so from their own subjective worldviews.
Standing (law)A justiciability requirement that a claimant possess a legally sufficient connection to the challenged conduct and injury to invoke a court's remedial authority.
Substantive equalityAn equality framework that evaluates actual access, outcomes and structural disadvantage and permits differentiated measures when identical treatment would reproduce exclusion.
Sunset provisionA legal clause that causes a statute, regulation, program or authority to expire on a specified date unless renewed by further action.
Supranational aspects of international organizationsMany international organizations also have supranational aspects, meaning that decisions can be made by the organization as a whole that are binding on member states that disagree.
Surrender (law)Consensual yielding of a leasehold estate to the reversioner so the tenancy ends.
Suspect ClassificationA suspect classification is a governmental sorting rule that triggers strict scrutiny under U.S. equal-protection doctrine.
Tacking (law)A property-law doctrine allowing a present claimant to combine a predecessor's qualifying period of possession or priority with their own when legally sufficient privity connects them.
Take-or-pay commitmentAn agreed minimum payment remains due when a buyer chooses not to take or use covered supply or services that the counterparty has committed to provide.
Tax DeductionTax Deduction is a recurring tax law, public finance identity in which an allowed amount is subtracted from taxable income rather than directly from tax liability.
Test (law)A structured doctrinal criterion used by a court or other legal decision maker to resolve a recurring question of fact, law or mixed application.
Totality of the circumstancesA legal mode of analysis that evaluates all relevant facts and their interactions in context rather than making one factor or bright-line rule dispositive.
Totality PrincipleA sentencing rule for multiple offences or an existing sentence that structures components so the overall sentence reflects all offending behavior yet remains just and proportionate.
Tracing (Law)The evidential process of identifying value from an original asset through substitutions and mixtures so a claimant can determine what rights may attach to traceable proceeds.
TrespassSelect the governing trespass branch and jurisdiction, then test protected interest, intrusion, authorization, fault, harm, defenses, and remedy without importing rules from a different branch.
Trial penaltyIn the United States, the trial penalty refers to the difference between the smaller sentence offered to a defendant in a plea bargain prior to a criminal trial versus the larger sentence the defendant could receive if they elect to go to trial.
Trust (law)A legal relationship in which a trustee holds and administers property or rights for beneficiaries or a legally permitted purpose under fiduciary duties.
Ultimate FactDetermine from evidentiary and subsidiary facts whether a legally material element or issue is factually satisfied, producing the factfinder's controlling factual conclusion without collapsing it into the governing conclusion of law.
Ultrahazardous activityAn ultrahazardous activity in the common law of torts is one that is so inherently dangerous that a person engaged in such an activity can be held strictly liable for injuries caused to another person, even if the person engaged in the activity took every reasonable precaution to prevent others from being injured.
Unconscionability in English lawA narrow equitable basis for withholding enforcement where one party knowingly exploits another's serious disadvantage in procuring a transaction, alongside but distinct from duress and undue influence.
Underdeterminacy (Law)Diagnose a legal text as underdeterminate when its recovered communicative content constrains a dispute but does not uniquely fix the doctrine or outcome, leaving a construction choice among compatible options.
Undisclosed principalAn agency-law principal whose existence or identity is unknown to the third party when an agent contracts apparently on the agent's own behalf, yet who may later acquire rights and liabilities under qualified rules.
Undue influence in English lawAn equitable doctrine allowing a transaction to be set aside when improper relational influence prevents it from being treated as the free and informed exercise of a party's will.
Unenforced law—A formally valid law that authorities routinely do not enforce, producing little practical consequence for violation.
Universal jurisdictionUniversal jurisdiction denotes legal doctrine that some acts can be tried regardless of where they occurred, particularly applied to war crimes within international criminal law.
Unowned PropertyA legally ownable resource has no present private titleholder, so a jurisdiction-specific priority rule determines whether first possession can create title, the sovereign receives it, a custodian administers it, or appropriation remains barred.
UsufructA limited real right that separates use and enjoyment of another's property, including taking its fruits, from the power to alienate or destroy the underlying asset, subject to preservation and return duties.
Vacant possessionA conveyancing obligation to deliver property so the entitled recipient can immediately and exclusively occupy and substantially use it without occupants, impediments or adverse claims.
Void contractClassify an apparent contractual arrangement as legally incapable of producing enforceable contractual obligations from the relevant time because a constitutive validity rule fails or the legal order denies effect.
Voidable contractA contract that is initially valid and enforceable but that an entitled party may rescind because of a recognized defect, unless that party affirms or loses the avoidance right.
Voting TrustPlace corporate shares into a trustee voting capacity under a written instrument while defining the contributors' beneficial interests.
WaiverA legally recognized relinquishment of an existing right or defined future claim class through a manifestation whose required knowledge and effective scope depend on governing law.
Wealth maximizationWealth maximization is a normative principle in welfare economics that seeks to maximize the total “economic surplus” in society by summing individuals’ willingness to pay for desired goods, services, or states of affairs.
Weight FraudDeceptive misrepresentation of a product or shipment’s weight—through false labels, manipulated scales, included packaging, retained water or adulterants, or misstated freight data—to obtain an improper economic advantage.
Wigmore chartA graphical legal-evidence method that decomposes a disputed proposition into linked facts, inferences, corroborations, objections, and ultimate claims.
Will contractA will contract is an enforceable agreement in which a promisor undertakes to make, not revoke, or dispose of property by will in exchange for present consideration or performance.