legal theory

autopsy rights

Autopsy rights are those given to the deceased and the next of kin to determine whether and to what extent autopsies should be performed. Typically, the individual (prior to death) and next of kin get to decide whether an autopsy is performed...

Baker v. Carr (1962)

Baker v. Carr (1962) is the U.S. Supreme Court case that held that federal courts could hear cases alleging that a state’s drawing of electoral boundaries, i.e. redistricting, violates the Equal Protection Clause of the Fourteenth Amendment...

beg the question

Begging the question is a logical fallacy in which an argument’s premises assume the truth of the conclusion. Arguments that beg the question work to obscure the actual points in controversy and can be looked at as a form of circular...

black letter law

Black letter law, also known as hornbook law, refers to standard rules that are generally known and free from doubt. The black letter law on any subject consists of the principles so fundamental in that subject and contained so frequently in...

blackacre

Blackacre refers to a fictional plot of land which is often used in examples when teaching or explaining property law concepts. In examples where more than one plot of land is necessary, Blackacre is often paired with fellow fictional plot of...

blackletter law

In common law legal structures, blackletter laws are the well-established legal rules that are certain and no longer disputable. Blackletter law is free from doubt and generally well-known. It also means well-established case law and refers to the...

blue sky law

Blue sky laws are state securities regulations. That is, in addition to federal securities regulations, mainly the Securities Act of 1933 and the Exchange Act of 1934, states may also require issuers of securities to register with their state...

Brandenburg test

The Brandenburg test was established in Brandenburg v. Ohio, 395 US 444 (1969), to determine when inflammatory speech intending to advocate illegal action can be restricted. In the case, a KKK leader gave a speech at a rally to his fellow...

breach of contract

A breach of contract occurs whenever a party who entered a contract fails to perform their promised obligations. Due to the frequency of breaches of contract, a robust body of law has grown to resolve the ensuing disputes.

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canon law

Canon law refers to the body of ecclesiastical law that developed within Christianity, particularly Roman Catholicism, governing the internal hierarchy and administration of the church. It also governs church ceremonies, the role of clergy,...

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