legal theory

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...

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

Usually describes the reason something happens. The concept of cause has been used in many areas of law.

In tort law, the plaintiff must prove that the defendant caused the alleged tort. Factual (or actual) cause and proximate cause are the...

Chance Verdict

A verdict that is reached not through deliberation, but through chance. Thus, in a close case without agreement, some jurors might wish to flip a coin and let fate determine the winner of the case. Chance verdicts are now illegal in the U.S.

Chancellor

In the old English legal system, a chancellor is a judge who sit in a chancery court—an equity court. In equity courts, the chancellor has the power to order acts rather than damages. As a result, injunctions, specific performance and vacatur are...

Chancery

Chancery originated in Medieval England as a distinct court of equity, named for the Lord Chancellor. In its earliest form, those who were unable to obtain an adequate common law remedy could petition the King of England, who would refer the...

Clean Hands Doctrine

The clean hands doctrine is based on the maxim of equity that states that one “who comes into equity must come with clean hands.” This doctrine requires the court to deny equitable relief to a party who has violated good faith with respect to the...

Clear and Convincing Evidence

Definition

According to the Supreme Court in Colorado v. New Mexico, 467 U.S. 310 (1984), "clear and convincing” means that the evidence is highly and substantially more likely to be true than untrue; the fact finder must be convinced that the...

Code

A complete statement of positive law, usually arranged by topic and sub-topic.

Promulgated codes contain the laws, rules, and/or regulations currently in force in a given jurisdiction.

Model codes, such as the UCC, are written so that...

Compare With

A signal encouraging readers to compare at least two cited sources. Comparing the sources should either support or illuminate the author's preceding statements.

This signal gets used as follows: Compare [source 1] with [source 2].

Or,...

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