statutory interpretation

doctor-patient privilege

Doctor-patient privilege, also known as physician-patient privilege, refers to a confidential communication between the doctor and the patient that receives protection from disclosure.

Common law does not recognize doctor-...

enhanced scrutiny test

In corporation law, the enhanced scrutiny test was established in Unocal Corp. v. Mesa Petroleum, 493 A.2d 946 (Del. 1985), also known as the Unocal Test. In this case, the Delaware Supreme Court established the enhanced scrutiny test, which...

indictment

An indictment formally charges a person with a crime. During an indictment proceeding, a grand jury determines if there is adequate basis for bringing criminal charges against a suspected criminal actor. An indictment is one of two options a...

involuntary intoxication

Involuntary intoxication is a defense to criminal liability that arises when an individual commits a particular unlawful act while under the influence of intoxicating substances that were ingested involuntarily, and which rendered the...

judge

A judge is an appointed or elected official who decides legal disputes in court. Judges are required to be impartial and unbiased in their decision making. It is important to note that the specific roles and powers of judges may vary across...

jurisdiction

Jurisdiction can be defined as:

Power of a court to adjudicate cases and issue orders; or Territory within which a court or government agency may properly exercise its power. See, e.g. Ruhrgas AG v. Marathon Oil Co. et al., 526 U.S....

juvenile court

A juvenile court is a court that handles cases involving crimes committed by children, or cases involving the health or welfare of children. Every state has a juvenile system in place. Juvenile courts and their subject matter jurisdiction are...

larceny

Larceny is a crime at common law that refers to the illegal taking of the property of another with intent to deprive the owner thereof. In order to be convicted of larceny, most states impose some sort of monetary value requirement for the...

last antecedent rule

Last antecedent rule is a doctrine where a court interprets a qualifying clause to refer to the immediately preceding words or phrases. For example, when interpreting the phrase “letters or emails drafted by a clerk,” a court would...

ministerial act

A ministerial act is an act performed in a prescribed manner and in obedience to a legal authority, without regard to one’s own judgment or discretion. The distinction between ministerial acts and acts that are discretionary is often important to...

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