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The term principal case refers to a legal case that is deemed basic to understanding a legal principle. As a result, it may also refer to the case in a casebook that introduces a discussion of that principle.
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In common law legal systems, black letter laws are the well-established legal rules that are no longer subject to reasonable dispute. Some examples are the "black-letter law" that the formation of a contract requires consideration, or the "black-letter law" that the registration of a trademark requires established use in the course of trade. Black-letter law can be contrasted with legal theory or unsettled legal issues.
Jurisdiction is the practical authority granted to a legal body to administer justice, as defined by the kind of case, and the location of the issue. In federations like the United States, areas of jurisdiction apply to local, state, and federal levels.
A precedent is a principle or rule established in a previous legal case that is either binding on or persuasive without going to courts for a court or other tribunal when deciding subsequent cases with similar issues or facts. Common-law legal systems place great value on deciding cases according to consistent principled rules, so that similar facts will yield similar and predictable outcomes, and observance of precedent is the mechanism by which that goal is attained. The principle by which judges are bound to precedents is known as stare decisis. Common-law precedent is a third kind of law, on equal footing with statutory law and subordinate legislation.
A brocard is a legal maxim in Latin that is, in a strict sense, derived from traditional legal authorities, even from ancient Rome. The word is a variant of the Latinized name of Burchard of Worms, Bishop of Worms, Germany, who compiled 20 volumes of Ecclesiastical Rules.
De minimis is a Latin expression meaning "about minimal things", normally in the terms de minimis non curat praetor or de minimis non curat lex, a legal doctrine by which a court refuses to consider trifling matters. Queen Christina of Sweden (r. 1633–1654) favoured the similar Latin adage, aquila non capit muscās.
Case law is the collection of past legal decisions written by courts and similar tribunals in the course of deciding cases, in which the law was analyzed using these cases to resolve ambiguities for deciding current cases. These past decisions are called "case law", or precedent. Stare decisis—a Latin phrase meaning "let the decision stand"—is the principle by which judges are bound to such past decisions. These judicial interpretations are distinguished from statutory law, which are codes enacted by legislative bodies, and regulatory law, which are established by executive agencies based on statutes. In some jurisdictions, case law can be applied to ongoing adjudication; for example, criminal proceedings or family law.
"An eye for an eye" or the law of retaliation is the principle that a person who has injured another person is to be penalized to a similar degree by the injured party. In softer interpretations, it means the victim receives the [estimated] value of the injury in compensation. The intent behind the principle was to restrict compensation to the value of the loss.
The presumption of innocence is a legal principle that every person accused of any crime is considered innocent until proven guilty. Under the presumption of innocence, the legal burden of proof is thus on the prosecution, which must present compelling evidence to the trier of fact. If the prosecution does not prove the charges true, then the person is acquitted of the charges. The prosecution must in most cases prove that the accused is guilty beyond a reasonable doubt. If reasonable doubt remains, the accused must be acquitted. The opposite system is a presumption of guilt.
Audi alteram partem is a Latin phrase meaning "listen to the other side", or "let the other side be heard as well". It is the principle that no person should be judged without a fair hearing in which each party is given the opportunity to respond to the evidence against them.
A scrivener was a person who could read and write or who wrote letters to court and legal documents. Scriveners were people who made their living by writing or copying written material. This usually indicated secretarial and administrative duties such as dictation and keeping business, judicial, and historical records for kings, nobles, temples, and cities. Scriveners later developed into public servants, accountants, lawyers and petition writers, and in England and Wales, scrivener notaries.
Subsidiarity is a principle of social organization that holds that social and political issues should be dealt with at the most immediate level that is consistent with their resolution.
Ratio decidendi is a Latin phrase meaning "the reason" or "the rationale for the decision". The ratio decidendi is "the point in a case that determines the judgement" or "the principle that the case establishes".
The holding is a court's determination of a matter of law based on the issue presented in the particular case. In other words: under this law, with these facts, this result. It is the same as a 'decision' made by the judge; however "decision" can also refer to the judge's entire opinion, containing, for example, a discussion of facts, issues, and law as well as the holding. The holding is the "legal principle to be drawn from the opinion (decision) of the court."
In common law jurisdictions, legal professional privilege protects all communications between a professional legal adviser and his or her clients from being disclosed without the permission of the client. The privilege is that of the client and not that of the lawyer.
The primacy of European Union law is an EU law principle that when there is conflict between European law and the law of its member states, European law prevails, and the norms of national law are set aside. The principle was developed by the European Court of Justice, which interpreted that norms of European law take precedence over any norms of national law, including the constitutions of member states. Although national courts generally accept the principle in practice, most of them disagree with that absolute principle and reserve, in principle, the right to review the constitutionality of European law under national constitutional law.
Legal certainty is a principle in national and international law which holds that the law must provide those subject to it with the ability to regulate their conduct.
In United States legal education, hornbooks are one-volume legal treatises, written primarily for law students on subjects typically covered by law school courses.
Legal Services Corp. v. Velazquez, 531 U.S. 533 (2001), is a decision of the US Supreme Court concerning the constitutionality of funding restrictions imposed by the US Congress. At issue were restrictions on the Legal Services Corporation (LSC), a private, nonprofit corporation established by Congress. The restrictions prohibited LSC attorneys from representing clients attempting to amend existing welfare law. The case was brought by Carmen Velazquez, whose LSC-funded attorneys sought to challenge existing welfare provisions since they believed that it was the only way to get Velazquez financial relief.
Judicial interpretation refers to different ways that the judiciary uses to interpret the law, particularly constitutional documents, legislation and frequently used vocabulary. This is an important issue in some common law jurisdictions such as the United States, Australia and Canada, because the supreme courts of those nations can overturn laws made by their legislatures via a process called judicial review.
The principle of typicality is a general legal principle that takes on different meanings in contexts.