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Legal Terms Glossary

A comprehensive collection of 155+ legal definitions covering every core 1L subject. Each term includes a clear explanation written for law students, practical examples, links to related case briefs, and cross-references to connected concepts.

Use this glossary to reinforce your understanding of key doctrines, prepare for cold calls, or review before finals. Click any term for its full definition and related case briefs.

Contracts

Formation, interpretation, performance, breach, and remedies in contract law.

AcceptanceAcceptance is an unequivocal expression of assent to the terms of an offer, communicated in the manner invited or required by the offeror.
Accord and SatisfactionAn accord is an agreement between the parties to a contract to accept different performance than what was originally promised, and satisfaction is the actual performance of the accord.
Anticipatory RepudiationAnticipatory repudiation occurs when a party unequivocally indicates, before the time for performance, that they will not perform their contractual obligations.
AssignmentAn assignment is the transfer of contractual rights from one party (the assignor) to another (the assignee).
Breach of ContractA breach of contract occurs when a party fails to perform a contractual obligation without a valid legal excuse.
Condition PrecedentA condition precedent is an event or fact that must occur before a party's duty to perform under the contract is triggered.
Condition SubsequentA condition subsequent is an event that, when it occurs, extinguishes an existing duty to perform or discharges a duty that has already accrued.
ConsiderationConsideration is a bargained-for exchange in which each party incurs a legal detriment or receives a legal benefit.
DelegationDelegation is the transfer of contractual duties from the obligor to a third party.
Illusory PromiseAn illusory promise is a statement that appears to commit a party to perform but, on closer examination, does not actually obligate them to do anything.
Implied WarrantyImplied warranties arise by operation of law rather than by express agreement.
Liquidated DamagesA liquidated damages clause is a contractual provision that fixes the amount of damages to be paid in the event of a breach.
Mitigation of DamagesThe duty to mitigate requires the non-breaching party to take reasonable steps to minimize losses after a breach of contract.
Mutual AssentMutual assent, often called a meeting of the minds, refers to the parties' shared agreement on the essential terms of a contract.
NovationA novation is the substitution of a new contract for an existing one, either by replacing a party or by replacing the obligations under the agreement.
OfferAn offer is a manifestation of willingness to enter into a bargain, made so as to justify the offeree in understanding that assent will conclude the deal.
Parol Evidence RuleThe parol evidence rule bars the introduction of extrinsic evidence — oral or written statements made before or at the time of contracting — to contradict, modify, or vary the terms of a fully integrated written agreement.
Promissory EstoppelPromissory estoppel is an equitable doctrine that makes a promise enforceable even without consideration when the promisor should reasonably expect the promise to induce reliance, the promisee actually relies to their detriment, and injustice can only be avoided by enforcing the promise.
Quasi-ContractA quasi-contract (or contract implied in law) is not a true contract but a legal fiction imposed by courts to prevent unjust enrichment when one party confers a benefit on another without a formal agreement.
Specific PerformanceSpecific performance is an equitable remedy in which a court orders the breaching party to perform their contractual obligations rather than pay money damages.
Statute of FraudsThe statute of frauds requires certain categories of contracts to be evidenced by a signed writing to be enforceable.
Substantial PerformanceSubstantial performance is a doctrine that allows a party who has performed in good faith but with minor deviations to recover on the contract, minus damages for the deficiency.
Third-Party BeneficiaryA third-party beneficiary is a person who is not a party to a contract but has enforceable rights under it because the contracting parties intended to benefit them.
UnconscionabilityUnconscionability is a defense to contract enforcement arising when a contract or clause is so one-sided as to be oppressive.
Unjust EnrichmentUnjust enrichment is a cause of action allowing recovery when one party has been unjustly enriched at the expense of another and it would be inequitable to allow the enriched party to retain the benefit without paying for it.

Torts

Civil wrongs including negligence, intentional torts, strict liability, and defenses.

Actual Cause (Cause-in-Fact)Actual cause, or cause-in-fact, establishes the factual link between the defendant's conduct and the plaintiff's injury.
AssaultAssault is an intentional tort involving an act that creates a reasonable apprehension of imminent harmful or offensive contact with the plaintiff's person.
Assumption of RiskAssumption of risk is a defense asserting that the plaintiff voluntarily encountered a known danger and, by doing so, implicitly consented to relieve the defendant of liability.
Attractive NuisanceThe attractive nuisance doctrine imposes a heightened duty of care on landowners with respect to artificial conditions on their property that are likely to attract trespassing children.
BatteryBattery is an intentional tort involving the harmful or offensive contact with another person's body without their consent.
Breach of DutyBreach of duty occurs when a person fails to meet the applicable standard of care.
But-For TestThe but-for test is the foundational test for actual causation in tort law.
Comparative NegligenceComparative negligence is a defense that reduces the plaintiff's recovery by the percentage of fault attributable to the plaintiff.
Contributory NegligenceContributory negligence is a common-law defense that completely bars the plaintiff from recovery if the plaintiff's own negligence contributed to the harm in any degree.
DefamationDefamation is a tort involving the publication of a false statement of fact that harms the reputation of another.
Duty of CareDuty of care is the legal obligation to conform to a standard of reasonable conduct to protect others from foreseeable risks of harm.
False ImprisonmentFalse imprisonment is an intentional tort that occurs when the defendant unlawfully confines the plaintiff within fixed boundaries without consent and without legal authority.
Intentional Infliction of Emotional Distress (IIED)IIED is an intentional tort that imposes liability when the defendant, by extreme and outrageous conduct, intentionally or recklessly causes severe emotional distress to another.
Joint and Several LiabilityJoint and several liability is a doctrine that holds each defendant individually liable for the full amount of the plaintiff's damages, regardless of that defendant's proportionate share of fault.
LibelLibel is the form of defamation that occurs through a written, printed, or otherwise fixed medium, including publications, broadcasts, and online posts.
NegligenceNegligence is a tort consisting of a failure to exercise the standard of care that a reasonably prudent person would exercise in a similar situation.
Negligence Per SeNegligence per se is a doctrine under which a court adopts a legislative or regulatory standard as the applicable standard of care.
NuisanceNuisance is a substantial and unreasonable interference with the plaintiff's use and enjoyment of their property (private nuisance) or with a right held in common by the general public (public nuisance).
Proximate CauseProximate cause (or legal cause) limits liability to harms that bear a sufficiently close relationship to the defendant's negligent conduct.
Res Ipsa LoquiturRes ipsa loquitur ("the thing speaks for itself") is a doctrine that permits an inference of negligence when the accident is of a type that ordinarily does not occur without negligence, the instrumentality causing the harm was in the defendant's exclusive control, and the plaintiff did not contribute to the injury.
Respondeat SuperiorRespondeat superior ("let the master answer") is a specific form of vicarious liability that holds an employer liable for the torts of an employee committed within the scope of employment.
SlanderSlander is the form of defamation that occurs through spoken words or transient gestures.
Strict LiabilityStrict liability imposes legal responsibility on a defendant without requiring proof of negligence or fault.
TrespassTrespass to land is an intentional tort involving the unauthorized physical entry onto or remaining on another person's real property.
Vicarious LiabilityVicarious liability is a legal doctrine that imposes liability on one party for the tortious acts of another, based on the relationship between them.

Constitutional Law

Fundamental rights, government powers, judicial review, and constitutional doctrines.

Commerce ClauseThe Commerce Clause in Article I, Section 8, Clause 3 of the Constitution grants Congress the power to regulate commerce among the several states.
Dormant Commerce ClauseThe dormant commerce clause (or negative commerce clause) is a judicial inference that the Commerce Clause, by granting Congress the power to regulate interstate commerce, implicitly prohibits states from discriminating against or unduly burdening interstate commerce.
Due ProcessDue process is a constitutional guarantee under the Fifth and Fourteenth Amendments that no person shall be deprived of life, liberty, or property without due process of law.
Equal ProtectionThe Equal Protection Clause of the Fourteenth Amendment requires that no state shall deny any person within its jurisdiction the equal protection of the laws.
Establishment ClauseThe Establishment Clause of the First Amendment prohibits the government from establishing an official religion, preferring one religion over another, or preferring religion over non-religion.
Free Exercise ClauseThe Free Exercise Clause of the First Amendment protects individuals' right to practice their religion without government interference.
Freedom of SpeechThe First Amendment's Free Speech Clause protects expression from government restriction.
Incorporation DoctrineThe incorporation doctrine is the process by which the Supreme Court has applied provisions of the Bill of Rights — originally binding only on the federal government — to the states through the Due Process Clause of the Fourteenth Amendment.
Intermediate ScrutinyIntermediate scrutiny is a standard of judicial review applied to quasi-suspect classifications such as gender and illegitimacy.
MootnessA case is moot when the controversy between the parties has been resolved, or the plaintiff no longer has a legally cognizable interest in the outcome.
Overbreadth DoctrineThe overbreadth doctrine allows a court to invalidate a law that prohibits not only unprotected expression but also a substantial amount of constitutionally protected speech.
Political Question DoctrineThe political question doctrine holds that certain constitutional issues are non-justiciable because they are committed by the Constitution to the political branches (Congress or the President) rather than the courts.
Procedural Due ProcessProcedural due process requires the government to follow fair procedures before depriving an individual of life, liberty, or property.
Rational Basis ReviewRational basis review is the most deferential standard of judicial scrutiny, applied to economic and social legislation that does not involve a suspect classification or fundamental right.
RipenessRipeness is a justiciability doctrine that prevents federal courts from adjudicating disputes that are speculative or have not yet materialized into an actual controversy.
StandingStanding is a justiciability doctrine requiring a plaintiff to demonstrate a concrete and particularized injury-in-fact that is fairly traceable to the defendant's conduct and likely to be redressed by a favorable court decision.
State Action DoctrineThe state action doctrine limits constitutional protections to actions taken by the government or its agents, not private actors.
Strict ScrutinyStrict scrutiny is the most rigorous standard of judicial review, applied when the government classifies based on a suspect classification (race, national origin, alienage) or burdens a fundamental right.
Substantive Due ProcessSubstantive due process protects fundamental rights from government interference, even when fair procedures are provided.
Vagueness DoctrineThe vagueness doctrine, rooted in the Due Process Clause, requires that laws provide fair notice of what conduct is prohibited and include sufficient standards to prevent arbitrary enforcement.

Civil Procedure

Jurisdiction, pleading, discovery, trial, and preclusion in civil litigation.

Class ActionA class action is a procedural device under Federal Rule of Civil Procedure 23 that allows one or more plaintiffs to sue on behalf of a larger group (the class).
Collateral Estoppel (Issue Preclusion)Collateral estoppel, or issue preclusion, prevents the relitigation of specific factual or legal issues that were actually litigated and necessarily decided in a prior proceeding.
DiscoveryDiscovery is the pre-trial phase of litigation during which parties exchange relevant information and evidence.
Diversity JurisdictionDiversity jurisdiction under 28 U.S.C.
Erie DoctrineThe Erie doctrine, established in Erie Railroad Co.
Federal Question JurisdictionFederal question jurisdiction under 28 U.S.C.
Forum Non ConveniensForum non conveniens is a discretionary doctrine allowing a court to dismiss a case when another forum is substantially more convenient for the parties and witnesses, and better serves the interests of justice.
Full Faith and CreditThe Full Faith and Credit Clause in Article IV, Section 1 of the Constitution requires each state to recognize and enforce the public acts, records, and judicial proceedings of every other state.
InterpleaderInterpleader is a procedural device that allows a party holding a stake (the stakeholder) to bring all rival claimants into a single action to determine who is entitled to the property or fund.
JoinderJoinder refers to the procedural rules governing which parties and claims may be brought together in a single lawsuit.
Long-Arm StatuteA long-arm statute is a state law that authorizes the exercise of personal jurisdiction over non-resident defendants.
Minimum ContactsMinimum contacts is the constitutional standard for personal jurisdiction established in International Shoe v.
Motion to DismissA motion to dismiss under Federal Rule of Civil Procedure 12(b) challenges the sufficiency of the plaintiff's case on procedural or substantive grounds before the defendant files an answer.
Personal JurisdictionPersonal jurisdiction is a court's power to exercise authority over a particular defendant.
RemandRemand is the process of sending a case back from federal court to state court when the removal was procedurally defective or the federal court lacks jurisdiction.
RemovalRemoval is the procedural mechanism by which a defendant transfers a case from state court to federal court.
Res Judicata (Claim Preclusion)Res judicata, or claim preclusion, prevents a party from relitigating a claim that was or could have been raised in a prior action between the same parties that resulted in a final judgment on the merits.
Subject-Matter JurisdictionSubject-matter jurisdiction is the court's authority to hear the type of case before it.
Summary JudgmentSummary judgment under Federal Rule of Civil Procedure 56 is a motion requesting that the court enter judgment without a trial because there is no genuine dispute of material fact and the movant is entitled to judgment as a matter of law.
VenueVenue determines which court within a system of courts with jurisdiction is the proper place to hear the lawsuit.

Criminal Law

Elements of crimes, defenses, inchoate offenses, and constitutional protections.

Accomplice LiabilityAccomplice liability holds a person criminally responsible for another's crime when they intentionally assist, encourage, or facilitate its commission.
Actus ReusActus reus ("guilty act") is the physical or external component of a crime.
AttemptAttempt is an inchoate crime requiring the specific intent to commit the target offense and a substantial step toward its completion that strongly corroborates criminal purpose.
Beyond a Reasonable DoubtBeyond a reasonable doubt is the highest standard of proof in the American legal system, required for a criminal conviction.
ConspiracyConspiracy is an agreement between two or more persons to commit an unlawful act.
Double JeopardyThe Double Jeopardy Clause of the Fifth Amendment protects individuals from being tried or punished twice for the same offense after acquittal, after conviction, or against multiple punishments for the same offense.
EntrapmentEntrapment is a defense asserting that the government induced the defendant to commit a crime that the defendant was not predisposed to commit.
Exclusionary RuleThe exclusionary rule prohibits the use of evidence obtained through unconstitutional government conduct — typically an illegal search or seizure in violation of the Fourth Amendment — in a criminal prosecution.
Felony Murder RuleThe felony murder rule imposes murder liability on a defendant who causes a death during the commission or attempted commission of a dangerous felony, regardless of intent to kill.
Fruit of the Poisonous TreeThe fruit of the poisonous tree doctrine extends the exclusionary rule to exclude not only illegally obtained evidence (the 'poisonous tree') but also any evidence derived from or discovered as a result of the initial illegality (the 'fruit').
Habeas CorpusHabeas corpus ("you shall have the body") is a legal procedure through which a prisoner can challenge the legality of their detention.
Insanity DefenseThe insanity defense excuses criminal liability on the ground that the defendant, at the time of the offense, suffered from a severe mental disease or defect that impaired their capacity for rational conduct.
ManslaughterManslaughter is the unlawful killing of another human being without malice aforethought.
Mens ReaMens rea ("guilty mind") refers to the mental state required for criminal liability.
Miranda RightsMiranda rights are the constitutional warnings that law enforcement must give to individuals in custodial interrogation, as required by Miranda v.
MurderMurder is the unlawful killing of another human being with malice aforethought.
Probable CauseProbable cause is the Fourth Amendment standard required for an arrest or the issuance of a search warrant.
Reasonable SuspicionReasonable suspicion is a standard lower than probable cause, requiring specific and articulable facts that, taken together with rational inferences, justify a brief investigatory stop (a Terry stop).
Self-DefenseSelf-defense is a justification defense that permits the use of reasonable force to protect oneself from an imminent threat of unlawful physical harm.
SolicitationSolicitation is the inchoate crime of asking, encouraging, or requesting another person to commit a crime, with the intent that the crime be committed.

Property

Estates in land, future interests, concurrent ownership, takings, and land use.

Adverse PossessionAdverse possession is a doctrine by which a person who occupies land belonging to another may acquire legal title if their possession is actual, exclusive, open and notorious, adverse/hostile (without permission), and continuous for the statutory period.
Covenant (Real Covenant)A real covenant is a promise concerning the use of land that runs with the land, binding or benefiting successors in interest.
EasementAn easement is a nonpossessory interest in another's land that grants the holder the right to use the property for a specific purpose.
Eminent DomainEminent domain is the government's inherent power to take private property for public use, provided just compensation is paid.
Fee Simple AbsoluteA fee simple absolute is the greatest estate in land recognized by law, granting the owner complete ownership for an infinite duration with no limitations on inheritability.
FixtureA fixture is personal property (chattel) that has been attached to real property in such a way that it is considered part of the real estate.
Joint TenancyA joint tenancy is a form of concurrent ownership characterized by the right of survivorship — upon the death of one joint tenant, the deceased's interest automatically passes to the surviving joint tenant(s).
Landlord-Tenant LawLandlord-tenant law governs the relationship between property owners who lease their property and the tenants who occupy it.
Life EstateA life estate is an ownership interest in property that lasts for the duration of a person's life (typically the grantee's).
Recording StatuteRecording statutes govern the priority of competing claims to real property by determining the effect of recording (or failing to record) a deed or other conveyance.
RemainderA remainder is a future interest created in a third party that becomes possessory upon the natural expiration of a prior estate (such as a life estate or term of years).
ReversionA reversion is a future interest retained by the grantor when the grantor conveys a lesser estate than they own.
Servitude (Equitable Servitude)An equitable servitude is a covenant regarding the use of land that equity will enforce against successors, even when the requirements for a real covenant at law are not met.
Takings ClauseThe Takings Clause of the Fifth Amendment provides that private property shall not be taken for public use without just compensation.
Tenancy in CommonA tenancy in common is a form of concurrent ownership in which two or more persons hold undivided interests in the same property.

Evidence

Rules governing the admissibility of testimony, documents, and other proof at trial.

Attorney-Client PrivilegeThe attorney-client privilege protects confidential communications between a client and their attorney made for the purpose of obtaining legal advice.
AuthenticationAuthentication under Federal Rule of Evidence 901 requires the proponent of evidence to produce evidence sufficient to support a finding that the item is what the proponent claims it is.
Best Evidence RuleThe best evidence rule (original document rule) under Federal Rule of Evidence 1002 requires that when the content of a writing, recording, or photograph is at issue, the original document must be produced unless it is shown to be unavailable through no fault of the proponent.
Burden of ProofThe burden of proof encompasses two distinct concepts: the burden of production (bringing forth sufficient evidence to make a prima facie case) and the burden of persuasion (convincing the trier of fact to the required standard).
Character EvidenceCharacter evidence relates to a person's general disposition or propensity to act in a certain way.
Expert WitnessAn expert witness is a person qualified by knowledge, skill, experience, training, or education to testify in the form of an opinion on matters beyond the understanding of a layperson.
HearsayHearsay is an out-of-court statement offered to prove the truth of the matter asserted.
Hearsay ExceptionsHearsay exceptions are categories of out-of-court statements that are admissible despite the hearsay rule because they carry sufficient guarantees of reliability.
ImpeachmentImpeachment is the process of attacking a witness's credibility.
Judicial NoticeJudicial notice under Federal Rule of Evidence 201 allows a court to accept a fact as established without requiring formal proof because the fact is either generally known within the trial court's jurisdiction or can be accurately and readily determined from reliable sources.
Lay WitnessA lay witness testifies based on personal knowledge and perception rather than specialized expertise.
Parol Evidence (Evidence Context)In the evidence context, the parol evidence rule is a substantive rule of contract law that operates as an evidentiary bar, preventing the introduction of prior or contemporaneous oral or written agreements to contradict a fully integrated written contract.
PrivilegeAn evidentiary privilege is a rule that protects certain confidential communications from compelled disclosure in legal proceedings.
RelevanceRelevance under Federal Rule of Evidence 401 means that the evidence has any tendency to make a fact of consequence more or less probable than it would be without the evidence.
Work Product DoctrineThe work product doctrine, established in Hickman v.

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