Negligence is a legal claim proven by 4 elements: duty, breach, causation, and damages. It applies when someone fails to act with reasonable care and that failure harms another person or property. This article explains the definition, how negligence is established, and common real-world examples. Negligence is a fundamental legal concept that affects millions of […]
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What is a tort?
A tort is a civil wrong that causes harm or loss and gives the injured party the right to seek compensation in court. Unlike criminal law, tort cases are typically brought by private individuals or businesses for damages or other remedies. This article explains tort law, common tort types, and available legal remedies. A tort […]
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What is common law?
Common law is judge-made law that develops through court decisions and precedent rather than statutes, and it remains a primary source of rules in many U.S. states and other common-law countries. Courts interpret prior rulings to resolve new disputes, creating predictable standards that can change over time. This article explains how common law works, how […]
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What is stare decisis?
Stare decisis is the legal doctrine that courts generally follow prior judicial decisions (precedent) when deciding similar cases. It promotes stability, predictability, and equal treatment in the law, while still allowing departures when a precedent is unworkable or clearly wrong. This article explains how stare decisis works, when courts may overrule precedent, and why it […]
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What is precedent?
Precedent is a prior court decision that judges use as authority when deciding later cases with similar facts or legal issues. In common-law systems like the United States, binding precedent from higher courts generally must be followed, while persuasive precedent may guide outcomes. This article explains how precedent works, the difference between binding and persuasive […]
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What is a writ?
A writ is a formal written court order directing a person, government agency, or lower court to take (or stop) a specific action. Common writs include habeas corpus (to challenge unlawful detention), mandamus (to compel an official duty), and certiorari (to seek higher-court review). This article explains what writs are, the main types, when they’re […]
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What is a writ of mandamus?
A writ of mandamus is a court order compelling a government agency, official, or lower court to perform a legally required, non‑discretionary duty. It’s an extraordinary remedy typically used when there’s no adequate alternative legal remedy and the petitioner has a clear right to the action requested. This article explains what mandamus is, when it’s […]
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What is a writ of certiorari?
A writ of certiorari is an order the U.S. Supreme Court issues to review a lower court’s decision, and it grants only about 1% of the thousands of petitions filed each year. The Court uses certiorari to focus on cases raising major federal questions or conflicts among appellate courts. This article explains what certiorari means, […]
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What is a brief?
A legal brief is a written document that summarizes the key facts, legal issues, and governing law to persuade a court or guide a decision—often within strict page limits and filing deadlines. In practice, briefs explain why a party should win (trial or appellate) or help a judge understand the record and arguments. This article […]
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What is clear and convincing evidence?
Clear and convincing evidence means the judge or jury must be firmly convinced a claim is highly probable, requiring more proof than “preponderance” but less than “beyond a reasonable doubt.” It’s often used in matters like fraud, some family-law issues, and terminating parental rights. This article explains how it compares to other standards and when […]
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What is attorney-client privilege?
Attorney-client privilege generally protects confidential communications between a lawyer and client made for legal advice (including the 5 common elements courts look for). It encourages full, honest disclosure, but exceptions like crime-fraud and waiver can defeat it. This article explains how the privilege works, key limits, and best practices to maintain confidentiality. Attorney-client privilege is […]
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What is hearsay?
Hearsay is an out-of-court statement offered to prove the truth of what it asserts. It’s generally inadmissible because the original speaker can’t be cross-examined, though many exceptions apply. This article explains the hearsay rule, common exceptions, and how hearsay issues arise in court. Hearsay is one of the most important concepts in evidence law, yet […]
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