legal theory

clean hands doctrine

The clean hands doctrine is based on the maxim of equity which states that one “who comes into equity must come with clean hands.” This doctrine requires the court to deny equitable relief to a party who has violated good faith with respect...

clear and convincing evidence

“Clear and convincing evidence” is a medium level burden of proof which must be met for certain convictions/judgments. This standard is a more rigorous to meet than preponderance of the evidence standard, but less rigorous standard to meet...

code

In the practice of law, a code is an organized compilation of existing laws. It is a collection of all the laws in force, including the enacted laws and case law, covering a complete legal system or a specific area. A code can make the...

compare with

“Compare…with” is a signal used in legal writing that encourages the reader to compare at least two cited sources. Comparing the sources should either support or illuminate the author's preceding statements.

This signal...

comparison signal

A comparison signal, also known as a compare with signal, is a signal used in legal writing that encourages the reader to compare at least two cited sources. Comparing the sources should either support or illuminate the author's preceding...

constitutional avoidance

Constitutional avoidance is the doctrine that, if possible, the Supreme Court should avoid ruling on constitutional issues, and resolve the cases before them on other (usually statutory) grounds.

In practice, this often...

construction

Construction refers to the process of interpreting a law or a legal document, such as a contract or will. Construction is necessary when the plain language of a law or legal document is ambiguous, or the intent of its authors is unclear or...

constructive

Constructive means something is legally declared, even if not technically true in a given case. Lawmakers and judges can decide to make things constructively true so that the intent of the laws cannot be easily thwarted by a loophole or lack...

construe

To construe means to determine the meaning of the text of a written document (a statute, regulation, court decision, etc.) based on the rules of legal interpretation.

Under the tripartite structure of the U.S. federal...

contra

Contra is a Latin term meaning “against” or “contrary to.” Contra is a signal indicating that the cited source directly states the opposite of whatever the author just said.