Law Dictionary & Black’s Law Dictionary, 2nd Ed.

The making or spreading of defamatory statements about another person, typically of a scandalous, vulgar and denigrating nature, with the intention of damaging the victim’s reputation. Slanderous of defamatory statements that are intended to be malicious in nature.  

A fee (such as a “filing fee“) which may be imposed upon a litigant in order begin a lawsuit or start a legal dispute resolution case. The fee may represent covering administrative costs. In India this can refer to stamps that may be attached to court documents which instruct the payment of fees. It may […]

The “actual malice” defines the level of proof needed to establish a libel case for defamatory statements made regarding public figures or public officials. Actual Malice requires intent or reckless disregard for the truth – “knowledge that the information was false” or published “with reckless disregard of whether it was false or not.” Reckless disregard […]

Generally the upper or top interior surface of a room or area. In contract law a ceiling is usually intended to refer to a highest price or level to occur under an agreement. See also “floor” referring to the lowest or bottom price or level of a contractual agreement.

An action taken to cure or fix a legal defect. For example, under the Code of Federal Regulations (25 CFR 150.7 – Curative action to correct title defects) which deals with real estate law. The Land Titles and Records Office can initiate an action to “cure” or fix defects in the record which are discovered during the recording […]

Shifting fees to be paid by one party to another party. Typically it refers to the action of a court awarding legal costs associated with something from one party to another. For example, a court may award legal costs of the successful party to a lawsuit upon the losing party to the lawsuit (so that […]

When a court imposes or shifts the costs associated with legal compliance from one party to another. A good example of cost shifting occurs with electronic evidence and electronic discovery compliance. The general presumption under the Federal Rules of Civil Procedure is that the party responding to a request for electronic discovery will bear the costs […]

Cyberstalking is the use of electronic or online communications technology to stalk, harass or intimidate another person or party. Most frequently it is used in reference to activities on the Internet or via mobile telecommunications networks. Cyberstalking activities may include threats or may just constitute monitoring of another without their knowledge and consent. It may […]

In compliance or accord with existing laws and regulations (the statutes) – adherence to and compliance with the letter of the law. Popular examples of statutory compliance including Sarbanes-Oxley and HIPPA laws in the United States.

Latin meaning “universal thing.” Something that is shared with and owned by the community for public purposes and cannot be acquired by any individual or private entity. It has been understood to also mean something in the “public domain“. It may also refer to something shared with and owned by a specific community of which […]

Latin meaning “absence”. Usually used in terms such as “in absentia” or in the absence of the physical presence of a party. See also “death in absentia” and “trial in absentia“.

The declaration of someone’s death in absence of their physical dead body, corpse or skeletal remains. One who is presumed dead. “In absentia” is Latin for the term “in absence”. Such a declaration may be made when a person is missing for an extended period of time and the evidence overwhelmingly supports the belief that […]

Latin meaning the “public thing”. The phrase generally means “as pertaining to the public” (or “the state” or “the commonwealth”). “Thing” may also be understood as a “public matter” or a “public affair”.  

“Coming to the nuisance” is a defense in real estate law to a nuisance claim. A nuisance occurs when one land owner engages in conduct which significantly affects, interferes or otherwise negatively impacts another’s ability to use and enjoy their own property or which may affect health, safety and welfare. A defense to a nuisance […]

An agreement that is in anticipation of another subsequent contract that will supersede the terms of the earlier contract. In essence, the earlier contract is a commitment to a directly related to the formalization of a future agreement. With individual agreements, there may be a question as to whether such a preparatory contract is legally […]

Latin, a legal maxim meaning “the expression of one thing is to exclude another.” The legal concept is that if the legislature mentions specifically mentions only certain items from a larger class of items, it meant to include only the items specified and to exclude those items that were omitted. “An implied exclusion argument lies whenever there is […]

The concept of reverse incorporation is that the Bill of Rights (the first ten Amendments) which was ratified in 1791 also incorporated parts of the Fourteenth Amendment – which was ratified 77 years later in 1868. The Incorporation Doctrine is the concept that the Fourteenth Amendment of the Constitution (the later document) “incorporated” the Bill of Rights (the […]

See “prescription” – the effect of how the passage of time may create or destroy rights. The law of prescription is commonly understood as a statute of limitations. A popular example of prescription in the United States is adverse possession” where there is a presumption of abandonment of land after an extended period of time passes without […]

Licensed distribution or permission that has been given to a group to circulate or distribute something.

One chosen by a college, municipality, etc., to defend its cause, Calvin.