Canons of construction is defined as a system of rules or maxims that is used to interpret the legal instruments such as statutes. There are several canons of construction such as contra proferentem and ejusdem generis, that are used by...
legal theory
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
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...
chance verdict
A chance verdict (also known as a gambling verdict) refers to a verdict that is reached not through deliberation understanding, but through chance. Thus, in a close case without the agreement of the jury, some jurors might wish to flip a coin...
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...
church and state
Church and State is defined as a legal doctrine that provides for the separation of the State from religion in the United States. The doctrine is derived from the landmark US Supreme Court case Everson v. Board of Education, 330 U.S. 1. In...
circular reasoning
Circular reasoning is a logical fallacy in which the premise of an argument assumes the conclusion to be true. For example, a person may argue that dogs are man’s best friend because they are the friendliest animals.
See...