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Common Law Doctrines

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Jurisdiction

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The official power to make legal decisions and judgments, often within a specific area or over certain types of cases.

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Quantum Meruit

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A doctrine that allows a party to recover the value of work performed when no contract exists or when there has been an unenforceable contract.

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Precedent

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A legal decision or form of proceeding serving as an authoritative rule or pattern in future similar or analogous cases.

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Injunction

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A court order compelling a party to do or to refrain from specific acts, often used to prevent harm or to maintain the status quo.

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Mootness

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A criterion used by courts to dismiss cases where the issues are no longer in dispute, or the problem has been resolved, rendering a decision unnecessary.

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Parens Patriae

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A doctrine that grants the state the authority to act as the guardian for those who are unable to care for themselves, such as children or handicapped individuals.

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Contributory Negligence

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A defense in tort law that holds that if the plaintiff contributed to their own injury through their own negligence, they cannot recover damages from the defendant.

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Obiter Dicta

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Statements made by judges in their decisions that are not necessary to reach the conclusion, and thus not binding as precedent.

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Equitable Remedies

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Forms of relief provided by courts in situations where monetary damages are insufficient or inappropriate, including injunctions, specific performance, etc.

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Breach of Contract

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A legal cause of action in which a binding agreement is not honored by one or more of the parties to the contract by either non-performance or interference with the other party's performance.

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Comparative Negligence

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A principle that reduces the amount of damages a plaintiff can recover in a negligence-based claim, based upon the degree to which the plaintiff's own negligence contributed to the cause of their injury.

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Caveat Emptor

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A Latin phrase meaning 'let the buyer beware,' which holds that the buyer alone is responsible for checking the quality and suitability of goods before a purchase is made.

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Negligence

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A doctrine within tort law that denotes the failure to exercise appropriate care expected to be exercised amongst specified circumstances.

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Specific Performance

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A remedy requiring a party to fulfill the actual terms of a contract, typically used when money damages would be inadequate compensation.

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Sovereign Immunity

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A legal doctrine that a sovereign state cannot commit a legal wrong and is immune from civil suit or criminal prosecution, subject to exceptions by statute or treaties.

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Restitution

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The return or restoration of specific property or funds to the proper owner, often seen as a remedy in contract law and torts to prevent unjust enrichment.

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Res Judicata

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A principle that restricts the re-litigation of cases that have already been judged, assuming the judgment was final and on the merits.

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Tort

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A wrongful act or infringement of a right leading to legal liability, which allows a lawsuit for damages.

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Case Law

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Law that is established by previous court decisions and based on the records of individual cases, as opposed to statutes or constitutions.

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Legal Remedies

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Relief or compensation to an aggrieved party in a dispute, commonly provided in the form of monetary compensation.

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Ratio Decidendi

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The principle or legal reason that underpins the court's decision in a case, which must be followed by lower courts in future similar cases.

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Common Law

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A body of unwritten laws based on legal precedents established by the courts, which governs cases not covered by statutory laws.

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Appeal

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The process by which a party petitions a higher court to review the decision of a lower court, claiming an error was made in the proceeding.

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Constructive Trust

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An equitable remedy resembling a trust imposed by a court to benefit the proper party when someone has wrongfully attained property through fraud, duress, etc.

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Ultra Vires

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Acts or decisions made by an entity that are beyond the scope of the power or authority granted to them by law or corporate charter.

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Stare Decisis

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A doctrine that obligates courts to look to precedents, where past judicial decisions are authoritative in principle.

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Judicial Review

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The ability of a court to examine and decide if a statute, treaty or administrative regulation contradicts or violates the provisions of existing law or constitutional principles.

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Declaratory Judgment

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A court judgment that clarifies and declares the rights, duties, or obligations of each party in a dispute, without necessarily awarding damages or issuing an injunction.

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Res Ipsa Loquitur

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A doctrine of tort law that infers negligence from the very nature of the accident or injury, when the event is one that would not normally occur without negligence.

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Ripeness

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A legal principle that a court uses to determine if a case has matured into a controversy worthy of adjudication and that the issues are ready for decision.

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