Contra proferentem is a rule of contract interpretation that states an ambiguous contract term should be construed against the drafter of the contract. The term contra proferentem is derived from a Latin phrase meaning “against the offeror...
legal theory
contract implied in fact
A contract implied in fact consists of obligations arising from a mutual agreement expressed not through words but implied through actions. To support a contract implied in fact, facts and circumstances surrounding the actions must show a...
contract implied in law
A contract implied in law, also known as a quasi-contract or a constructive contract, is an obligation created by law for the sake of justice or to avoid unjust enrichment. A contract implied in law operates as a valid contract for purposes...
controlling law
Controlling law refers to the laws of the state which will be relied upon in judging disputes. Because states have widely different substantive laws, determining which body of law is controlling is often dispositive of the case. The term...
controversy
A controversy is an actual dispute, which refers to one of the underlying requirements to obtain jurisdiction in federal court. U.S Constitution, Article III, section 2, in setting out the powers of the Federal judiciary, grants federal...
corpus juris
Corpus juris is Latin for “body of law.” It may also be the title of a large, encyclopedic collection of laws, comprising an entire body of law.
[Last updated in June of 2021 by the Wex Definitions Team]
counsel and procure
Counsel and procure are types of accomplice activity. Counseling and procuring a crime can lead to punishment under federal and state laws up to the punishment for the crime itself, but this is only if the person knowingly helped the person...
court of equity
A court of equity is a type of court with the power to grant remedies other than monetary damages. These remedies include injunctions, writs, or specific performance among others. Traditionally, English courts followed a distinction between...
criminal intent
Criminal intent, also known as mens rea, refers to the mental state required to convict a party of a crime. Along with a criminal act, or the actus reus, criminal intent is one of the fundamental aspects of criminal law.
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criminal law
Overview:
Criminal law, as distinguished from civil law, is a system of laws concerned with crimes and the punishment of individuals who commit crimes. Thus, where in a civil case two parties dispute their rights, a criminal prosecution...