Legal Terms: H

The statutory annual numerical limit on new H-1B visas, currently 65,000 plus 20,000 for U.S. master's degree holders, which is typically reached on the first day of filing.

The random selection process used by USCIS each year when registrations exceed the H-1B cap, determining which registrants may file full petitions.

A non-immigrant work visa for foreign professionals in specialty occupations requiring at least a bachelor's degree in a specific field, capped annually and subject to lottery selection.

A nonimmigrant work visa for foreign workers in specialty occupations requiring a bachelor's degree or equivalent in a specific field.

A temporary visa classification for foreign nationals coming to perform seasonal or temporary agricultural labor, requiring an employer-sponsored petition and Department of Labor certification.

A temporary visa for non-agricultural seasonal or temporary workers, subject to an annual cap and requirements that the employer show a temporary need and no displacement of U.S. workers.

A writ requiring a person to be brought before a court, used to challenge the legality of their imprisonment or detention. A fundamental safeguard against unlawful confinement.

A judicial writ used to challenge unlawful detention or imprisonment, often invoked to test the constitutionality of a conviction.

A regular, semi-automatic response to specific conduct, admissible to prove conformity on a particular occasion under FRE 406.

A person who has been convicted of multiple crimes, often subject to enhanced sentencing under three-strikes laws.

A statutory designation for repeat offenders triggering enhanced sentences, often defined by the number and nature of prior felony convictions.

The 1854 English case establishing that consequential damages are recoverable only if they arose naturally or were reasonably contemplated by both parties at contracting.

The 1980 Hague Convention on the Civil Aspects of International Child Abduction, providing for the prompt return of children wrongfully removed or retained across international borders to their country of habitual residence.

A residential facility providing structured living for offenders transitioning from incarceration to the community, often used as part of supervised release.

An error during trial that did not affect the outcome and therefore does not warrant reversal of the judgment on appeal.

An error in the trial proceedings that did not affect the substantial rights of the parties and therefore does not require reversal under Rule 61.

A federal law governing the approval of generic drugs and patent dispute procedures, balancing incentives for pharmaceutical innovation with generic drug availability.

Waste posing a substantial present or potential hazard to human health or the environment, regulated under the Resource Conservation and Recovery Act.

The electronic sharing of health-related information among organizations according to nationally recognized standards, facilitating coordinated patient care.

An out-of-court statement offered in court to prove the truth of the matter asserted. Generally inadmissible, with numerous exceptions.

An out-of-court statement offered to prove the truth of the matter asserted, generally inadmissible unless covered by an exception.

Any property that can be inherited, including real property, personal property, and intangible rights.

A detailed written document signed by a patient giving a covered entity permission to use or disclose protected health information for purposes not otherwise permitted under HIPAA.

The federal regulation establishing standards for the protection of individually identifiable health information by covered entities and business associates.

The federal regulation requiring covered entities and business associates to implement safeguards to ensure the confidentiality, integrity, and availability of electronic protected health information.

The Health Information Technology for Economic and Clinical Health Act, which strengthened HIPAA enforcement, expanded breach notification requirements, and promoted electronic health record adoption.

An IRS rule disallowing deductions from an activity not engaged in for profit, limiting deductions to the amount of income generated by the activity.

The court's determination of a legal question; the rule or principle established by a court decision. Distinguished from dictum.

A parent entity that owns controlling interests in one or more operating subsidiaries but does not itself engage in operating business activities.

A will that is entirely handwritten and signed by the testator, without witnesses. Recognized in some states.

A will written entirely or substantially in the testator's own handwriting and signed by the testator, which most states honoring this form recognize without witnesses.

A statutory amount, often a few thousand to tens of thousands of dollars, set aside for a surviving spouse or minor children from the decedent's estate, free of most creditor claims.

A legal provision that protects a portion of a homeowner's equity in their primary residence from creditors, particularly in bankruptcy.

A legal provision protecting a specified amount of equity in a homeowner's primary residence from creditors or reducing property tax obligations.

The killing of one person by another, which may be criminal (murder, manslaughter) or justifiable (self-defense).

An acquisition pursued without the approval or against the wishes of the target company's board, often through a tender offer or proxy contest.

A form of harassment where unwelcome conduct based on a protected characteristic is severe or pervasive enough to create an abusive or intimidating work environment.

A form of harassment in which unwelcome conduct based on a protected characteristic is so severe or pervasive that it alters the conditions of employment and creates an abusive working atmosphere.

An exigent-circumstances exception permitting warrantless entry to capture a fleeing suspect who has retreated into private premises.

Discretionary authority allowing the government to permit entry of a foreign national into the United States temporarily for urgent humanitarian reasons.

A jury that is unable to reach a unanimous verdict, resulting in a mistrial. The case may be retried.

A minimum rate of return that must be achieved before a sponsor or manager is entitled to performance compensation such as carried interest.