legal practice/ethics

cancellation of removal

Cancellation of removal is an immigration benefit whereby permanent residents and non-permanent residents may apply to an immigration judge to adjust their status from that of deportable alien to one lawfully admitted for permanent residence...

capacity

Capacity refers to the ability to make a rational decision based upon all relevant facts and considerations. Some common usages of the term “capacity” in a legal sense include:

In the context of criminal law, the term “capacity” means...

capricious

To be capricious is to have an unpredictable, sudden, and unaccountable change in attitude or behavior.

In the legal context, capricious is defined in Boothe v. Roofing Supply, Inc. of Monroe: “arbitrary and capricious...

case law

Case law is law that is based on judicial decisions rather than law based on constitutions, statutes, or regulations. Case law concerns unique disputes resolved by courts using the concrete facts of a case. By contrast, statutes and regulations are...

case of first impression

A case of first impression is a case that presents a legal issue that has never been decided by the governing jurisdiction. An example is the 1978 Supreme Court case Monell v. Department of Soc. Svcs. which decided whether local governments were...

cause-in-fact

Cause-in-fact, also referred to as factual causation or actual cause, is a legal concept used in tort law to establish a direct link between a defendant’s actions and the plaintiff’s harm. It is one of the elements to prove negligence. The...

cease and desist letter

A cease and desist letter is a cautionary letter sent to an alleged wrongdoer describing the alleged misconduct and demanding that the alleged misconduct be stopped. A cease and desist letter provides notice that legal action may and will be...

certiorari

Overview

Certiorari simply defined is a “writ” by which a higher court (such as an appellate court) reviews some lower court’s decision (such as a district court).

When a party loses in a court of law, often said party is...

cf.

Cf. is an abbreviation for the Latin word confer, meaning "compare." Cf. is a signal indicating that the cited source supports a different claim (proposition) than the one just made, that it is worthwhile to compare the two claims and assess...

champerty

Champerty refers to a relationship that arises when third parties unrelated to a litigation provide material support to litigants in exchange for consideration contingent on the outcome of the litigation. Often that relationship between the...

Pages