Legal Terms: C

A business entity taxed separately from its owners under Subchapter C of the Internal Revenue Code, subject to corporate income tax and potential double taxation on dividends.

A form of relief from removal available to certain lawful permanent residents or nonpermanent residents who meet specific residency and hardship requirements.

A market-based approach to controlling pollution by setting a cap on total emissions and allowing companies to buy and sell emission allowances.

A crime punishable by death, such as first-degree murder with special circumstances.

A tax on the profit realized from the sale of a capital asset such as stocks, bonds, or real estate, with rates depending on the holding period.

A tax levied on the carbon content of fuels or carbon dioxide emissions, intended to reduce greenhouse gas emissions by making fossil fuels more expensive.

Law established through judicial decisions and court opinions, as opposed to statutes or regulations. Also called common law or judge-made law.

Cash or cash equivalents in which a creditor holds a security interest, which the debtor may not use without the creditor's consent or court approval.

EPA regulations limiting pollutant discharges from specific industrial categories into publicly owned treatment works.

A set of facts and legal theories that give a party the right to seek a judicial remedy against another party.

An order or letter demanding that a party stop an activity (such as trademark infringement) and refrain from resuming it.

The Comprehensive Environmental Response, Compensation, and Liability Act (Superfund), authorizing cleanup of hazardous waste sites and imposing strict liability on responsible parties.

A writ issued by a higher court directing a lower court to deliver the record of a case for review. The Supreme Court grants certiorari to hear appeals.

The documented chronological history of the handling, transfer, and location of physical evidence, ensuring its integrity for use at trial.

A request to dismiss a prospective juror based on a demonstrated bias or inability to be impartial.

A form of bankruptcy that allows businesses to reorganize their debts and operations while continuing to operate.

A form of bankruptcy available to family farmers and fishermen with regular income, providing a streamlined reorganization process.

A form of bankruptcy allowing individuals with regular income to create a 3-to-5-year repayment plan to pay off debts while keeping their property.

A form of bankruptcy involving liquidation of non-exempt assets to pay creditors, with remaining eligible debts being discharged.

A person appointed by the court to administer a Chapter 7 bankruptcy case, including liquidating nonexempt assets and distributing proceeds to creditors.

A form of bankruptcy available to municipalities such as cities, counties, and school districts, allowing them to reorganize their debts.

A donation of cash or property to a qualifying tax-exempt organization, deductible as an itemized deduction subject to certain percentage limitations.

Personal property that is movable, as distinguished from real property (land and buildings).

A federal tax credit available to taxpayers for each qualifying dependent child, partially refundable for taxpayers who owe less tax than the credit amount.

The determination of which jurisdiction's law applies to a dispute when the parties or events are connected to more than one jurisdiction.

Excessive trading in a customer's account by a broker-dealer primarily to generate commissions rather than to benefit the customer.

Evidence that requires an inference to connect it to a conclusion of fact, as opposed to direct evidence.

A reference to a legal authority (statute, case, regulation) or a notice to appear in court for a minor offense.

A provision in many environmental statutes allowing private citizens to enforce environmental laws by filing lawsuits against violators or government agencies that fail to perform mandatory duties.

The status of being a recognized member of a country, acquired by birth in the country, birth to citizen parents, or through the naturalization process.

The body of law dealing with disputes between private parties, as opposed to criminal law. Encompasses contracts, torts, property, and family law.

A financial penalty imposed by HHS for violations of HIPAA, with amounts varying based on the level of culpability from unknowing violations to willful neglect.

The rights of individuals to receive equal treatment and be free from discrimination based on characteristics such as race, sex, religion, and national origin.

An assertion of a right to money, property, or a legal remedy; also, the legal basis for a lawsuit.

The judicial interpretation of the scope and meaning of patent claims, a critical step in patent litigation often resolved in a Markman hearing.

The deadline set by the bankruptcy court by which creditors must file their proofs of claim or risk losing the right to participate in distributions.

A lawsuit brought by one or more plaintiffs on behalf of a larger group of similarly situated individuals.

The primary federal law regulating air emissions from stationary and mobile sources, authorizing EPA to establish and enforce air quality standards.

A permit issued under the Clean Water Act (typically an NPDES permit) authorizing the discharge of pollutants into navigable waters subject to specified limitations.

A standard of proof higher than preponderance of the evidence but lower than beyond a reasonable doubt, requiring evidence that is highly and substantially more probable to be true.

A position in which a recent law school graduate works for a judge, assisting with legal research, drafting opinions, and other judicial duties.

The final step in a real estate transaction where the deed is delivered, documents are signed, and funds are disbursed to complete the transfer of ownership.

The final statement made by each attorney to the judge or jury, summarizing the evidence and arguments presented during trial.

Any claim, lien, encumbrance, or defect that may impair the owner's title to real property and reduce its value or marketability.

The Consolidated Omnibus Budget Reconciliation Act provision allowing employees and dependents to continue group health insurance coverage after qualifying events such as job loss.

A supplement or amendment to an existing will that modifies, explains, or revokes specific provisions without replacing the entire will.

The use of force, threats, or intimidation to compel someone to act against their will.

Property pledged as security for a loan or debt. If the borrower defaults, the lender can seize the collateral.

A doctrine preventing a party from relitigating an issue of fact that has already been determined in a prior proceeding. Also called issue preclusion.

The process of negotiation between an employer and a labor union representing employees regarding wages, hours, benefits, and working conditions.

The appearance of legal authority. Actions taken under color of law are those performed by government officials using their official power.

The principle by which courts of one jurisdiction give respect and deference to the laws, judicial decisions, and institutions of another jurisdiction.

Real property used for business purposes such as offices, retail, industrial, and multifamily residential properties.

To mix together, especially funds. Commingling personal and business funds can lead to piercing the corporate veil.

A company or individual that transports goods or passengers for compensation, owing a heightened duty of care.

Law developed by judges through court decisions and precedent, rather than through legislative statutes or executive action.

A system of property ownership used in some states where assets acquired during marriage are considered equally owned by both spouses.

The reduction of a criminal sentence by executive action, such as the governor or president reducing a prison term.

A legal doctrine that apportions fault among parties in a negligence case, reducing the plaintiff's recovery by their percentage of fault.

Money awarded to a plaintiff to compensate for actual losses suffered, including medical expenses, lost wages, and property damage.

The initial pleading filed by the plaintiff that begins a civil lawsuit, setting forth the allegations and claims against the defendant.

The act of conforming to laws, regulations, rules, and standards applicable to an individual or organization.

A license granted by a government authorizing use of a patent or copyrighted work without the owner's consent, typically in exchange for a royalty.

The Sixth Amendment right of criminal defendants to subpoena witnesses to testify on their behalf.

Action taken by two or more employees to improve working conditions, protected under the National Labor Relations Act even when no union is present.

A voluntary process in which a neutral third party helps disputing parties communicate and reach an agreement.

When two or more courts have the authority to hear the same type of case.

Criminal sentences served at the same time rather than one after another (consecutive).

The exercise of eminent domain — the government taking private property for public use with just compensation.

The legal process by which the government exercises eminent domain, taking private property for public use through court proceedings.

Permission from a zoning authority to use property for a purpose not otherwise allowed in the zoning district, subject to conditions designed to minimize negative impacts.

The court's approval of a Chapter 11 or Chapter 13 repayment plan, making the plan binding on the debtor and all creditors.

Criminal sentences served one after another rather than at the same time (concurrent).

A court order that formalizes an agreement between parties to a lawsuit, often used in civil rights, environmental, and antitrust cases.

A court-approved agreement between parties to an environmental enforcement action specifying the actions the defendant must take to come into compliance.

A person appointed by a court to manage the financial affairs or personal care of an incapacitated adult.

Something of value exchanged between parties to a contract, which makes the agreement legally binding. Can be money, services, or a promise.

The combining of two or more legal actions or businesses into a single proceeding or entity.

An agreement between two or more persons to commit an unlawful act or to accomplish a lawful purpose by unlawful means.

The supreme law of the United States, establishing the structure of government, defining governmental powers, and protecting individual rights.

The body of law governing construction projects, including contracts, liens, licensing, safety regulations, and dispute resolution.

When an employer makes working conditions so intolerable that a reasonable employee would feel compelled to resign, treated legally as a termination.

A situation where an employer makes working conditions so intolerable that a reasonable employee would feel compelled to resign, treated as an involuntary termination.

A situation where a landlord's actions or omissions make a property substantially unsuitable for its intended purpose, effectively forcing the tenant to vacate.

Legal notice that a person is deemed to have received even if they did not actually receive it, because the information was publicly available.

A U.S. State Department official stationed at an embassy or consulate abroad who interviews visa applicants and makes determinations on visa eligibility.

The procedure by which an approved immigrant visa petition is processed at a U.S. embassy or consulate abroad, culminating in the issuance of an immigrant visa.

Laws and regulations designed to protect buyers of goods and services from unfair, deceptive, or fraudulent business practices.

Willful disobedience of a court order or disruptive behavior in court, punishable by fines or imprisonment.

A fee arrangement where the attorney's payment depends on the outcome of the case, typically a percentage of the recovery.

A HIPAA Security Rule administrative safeguard requiring covered entities to establish policies and procedures for responding to emergencies that damage systems containing electronic protected health information.

A patent application filed to pursue additional claims based on the disclosure of a previously filed parent application, sharing the same filing date.

A patent application that includes some or all of the disclosure of a prior application plus additional new matter, receiving the parent's priority date only for shared subject matter.

A legally enforceable agreement between two or more parties, consisting of an offer, acceptance, consideration, capacity, and legality.

A common law doctrine barring a plaintiff from recovering damages if they were at all at fault for their own injury.

A drug or chemical whose manufacture, possession, or use is regulated by the government under the Controlled Substances Act, classified in Schedules I through V.

The military officer who has the power to convene a court-martial and refer charges for trial, typically a commander at a specified level.

An international treaty prohibiting the return of individuals to countries where they would face torture, implemented in U.S. immigration law as a form of protection.

The wrongful exercise of control or dominion over another person's personal property, depriving them of its use.

The transfer of legal title to property from one person to another by means of a written instrument such as a deed.

Legal protection for original works of authorship fixed in a tangible medium, giving the creator exclusive rights to reproduce, distribute, and display the work.

The unauthorized reproduction, distribution, public performance, or creation of a derivative work that violates the exclusive rights of a copyright holder.

The process of recording a copyright claim with the U.S. Copyright Office, which is a prerequisite to filing an infringement lawsuit and provides evidentiary benefits.

A public official responsible for investigating deaths, particularly those that are sudden, unexplained, or suspicious.

The system of rules, practices, and processes by which a company is directed and controlled, involving the interests of shareholders, management, and the board of directors.

A legal entity separate from its owners (shareholders) that can enter contracts, own property, sue and be sued, and has perpetual existence.

Latin for 'body of the crime.' The principle that a crime must be proven to have occurred before a person can be convicted.

A process under RCRA requiring facilities that have released hazardous waste or constituents to investigate and clean up contamination at their sites.

Additional evidence that confirms or supports testimony or other evidence already presented.

A claim made by the defendant against the plaintiff in the same lawsuit, asserting that the plaintiff owes the defendant.

The civilian appellate court that reviews decisions of the military appellate courts, composed of five civilian judges appointed by the President.

A directive issued by a judge that requires a party to do or refrain from doing a specific act.

A judicial proceeding under the UCMJ in which members of the military are tried for offenses against military law.

A formal promise or agreement, often found in contracts and deeds. In real estate, restrictive covenants limit how property can be used.

A binding agreement or promise in a deed or other instrument relating to the use or restriction of real property.

An organization subject to HIPAA regulations, including health plans, healthcare clearinghouses, and healthcare providers who transmit health information electronically.

A bankruptcy court's power to confirm a reorganization plan over the objection of certain creditor classes, provided the plan meets statutory requirements.

The process of verifying a healthcare provider's qualifications, including education, training, licensure, and malpractice history, before granting clinical privileges.

A screening standard applied to asylum seekers in expedited removal, requiring a significant possibility that the individual could establish eligibility for asylum.

A mandatory pre-filing requirement for individual bankruptcy debtors, involving a briefing on available alternatives to bankruptcy from an approved agency.

A person or entity to whom money is owed, either through a loan, sale of goods, or provision of services.

An act or omission that violates a law and is punishable by the state through fines, imprisonment, or other penalties.

The body of law that defines offenses against the state or public, establishes punishments, and governs the prosecution of those offenses.

Specific geographic areas designated as essential for the conservation of a threatened or endangered species under the Endangered Species Act.

The questioning of a witness by the opposing party's attorney, designed to test credibility and challenge testimony given during direct examination.

A method of raising capital through small contributions from a large number of people, regulated under the JOBS Act and SEC Regulation Crowdfunding.

Punishment prohibited by the Eighth Amendment, interpreted to include torture, disproportionate sentences, and degrading treatment.

The legal right and responsibility to care for a child, including physical custody (where the child lives) and legal custody (decision-making authority).