wex definitions

Definition

A fee that the client pays upfront to an attorney before the attorney has begun work for the client.

There are three types of retainers, each with a different purpose:

(1) A general retainer, which is a fee for a specific period of time rather than for a specific project. While no specific representation is contemplated, the client pays for the attorney’s availability during the time specified.

(2) Also termed a retaining fee, a deposit or lump sum fee which the client pays in advance.

Definition

[Latin: “things done” or “thing transacted”] The events or circumstances at issue, as well as other events that are contemporaneous with or related to them. Courts previously employed this term in order to admit otherwise inadmissible hearsay. The term has since been put to disuse by scholars and legislators.

Definition

The level of judicial review for determining the constitutionality of a federal or state statute that does not implicate either a fundamental right or a suspect classification under the Due Process Clause and the Equal Protection Clause of the Constitution. When a court concludes that there is no fundamental liberty interest or suspect classification at stake, the law is presumed to be Constitutional unless it fails the rational basis test.

Definition

An award of damages calculated by a jury dividing the sum of each juror's proposed award by the number of jurors. A quotient verdict is generally improper—in particular, if a jury agrees in advance to calculate its award using a quotient verdict—due to a lack of full deliberation of issues. 

Illustrative caselaw

Definition

Latin for "by what warrant (or authority)?" A writ quo warranto is used to challenge a person's right to hold a public or corporate office. A state may also use a quo warranto action to revoke a corporation's charter. 

Illustrative caselaw

See, e.g. First Nat. Bank in St. Louis v. Missouri, 263 U.S. 640 (1924).

See also

• Federal Rules of Civil Procedure 81(a)(4)

Definition

1) In general

Latin for "something for something." An exchange of acts or things of approximately equal value.

2) In employment law

Sexual harassment in which a boss conveys to an employee that he or she will base an employment decision, e.g. whether to hire, promote, or fire that employee, on the employee's satisfaction of a sexual demand. For example, it is quid pro quo sexual harassment for a boss to offer a raise in exchange for sex.

Definition

A property owner or tenant's right to possess and use his or her property without disturbance, including by a person with superior title. A disturbance of an owner or tenant's possession or use may constitute a nuisance. A deed or lease may include a covenant of quiet enjoyment to insure an owner or tenant against a disturbance.

Illustrative caselaw

See, e.g. 61 W. 62 Owners Corp. v. CGM EMP LLC, 906 N.Y.S.2d 549 (N.Y. App. Div. 2010).

Definition

Definition

Definition

An abbreviation for qualified individual with a disability. See qualified individual with a disability.