the Constitution

curtilage

Curtilage includes the area immediately surrounding a dwelling, and it counts as part of the home for many legal purposes, including searches and many self-defense laws. When considering whether something is in a dwelling's curtilage, courts...

custodial interrogation

Custodial interrogation refers to the questioning of a detained person by the police in connection with a criminal investigation. A person qualifies as detained not only when under arrest, but also whenever they are not free to leave for...

de facto segregation

De facto segregation was a term used during the 1960s racial integration efforts in schools, to describe a situation in which legislation did not overtly segregate students by race, but nevertheless school segregation continued. In Balsbaugh...

defamation

Defamation is a statement that injures a third party's reputation. The tort of defamation includes both libel (written statements) and slander (spoken statements). State common law and statutory law governs defamation actions, and each state...

defense

A defense is an act of protecting one’s own interests. In common law, a defendant may use defenses to prevent or limit liability. A defense can either allege a failure to state a claim, or affirm the existence of a claim and present...

discrimination

Discrimination refers to different treatment for similarly situated parties, especially when no legitimate reason appears to exist. For example, an employer who rejects all female applicants and hires the first male applicant with the same...

disparate impact

Disparate impact (also “adverse impact”) commonly refers to unintentional discriminatory practice, whereas disparate treatment (also “adverse treatment”) refers to intentional discriminatory practice. A disparate impact policy or rule is one...

disparate treatment

Disparate treatment occurs when individuals who are members of a protected class are treated differently than others by an employer. The term disparate treatment has been defined by courts in varying manners. For example, in Monson v....

disproportionate impact

See Disparate Impact

disturbance of the peace

Disturbance (or breach) of the peace is a generic term encompassing a variety of conduct that violates public order, disturbs the public, or incites violence, including any violation of any law enacted to preserve peace and good order. It is...

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