Disturbance (or breach) of the peace is a generic term encompassing a variety of conduct that violates public order, disturbs the public, or incites violence, including any violation of any law enacted to preserve peace and good order. It is a criminal offense recognized under common law and various statutes.
A divestitive fact is a fact that causes the loss of previously held legal rights. As seen in Bailey v. Iowa Beef Processors Inc., divestitive facts are a type of operative facts.
[Last reviewed in September of 2022 by the Wex Definitions Team]
The Dormant Commerce Clause refers to a legal doctrine derived from the Commerce Clause in the U.S. Constitution.
The Double Jeopardy Clause in the Fifth Amendment to the US Constitution prohibits anyone from being prosecuted twice for substantially the same crime. The relevant part of the Fifth Amendment states, "No person shall . . . be subject for the same offense to be twice put in jeopardy of life or limb . . . . "
Draft refers to an unfinalized document, which can arise in numerous contexts in the legal field. Often, contracts, motions, briefs, and pieces of legislation go through numerous drafts before agreeing upon a finalized document. While the finalized document remains the official legal document, draft documents can become important. For one, a draft document often sets the tone for what the finalized document looks like.
Due process (or due process of law) primarily refers to the concept found in the Fifth Amendment to the US Constitution, which says no one shall be "deprived of life, liberty or property without due process of law" by the federal government.
Electronic surveillance is the acquisition of information by an electronic, mechanical, or other surveillance device of the contents of any wire or electronic communication, under circumstances in which a party to the communication has a reasonable expectation of privacy.
Emergency powers broadly refers to the authority given to individuals in the executive to act outside the traditional bounds of their authority in order to react to a danger that normal channels for approval could not address. The most important emergency powers are those given to the President through the National Emergencies Act.
Eminent domain refers to the power of the government to take private property and convert it into public use, referred to as a taking.
