civil procedure

but-for test

The but-for test is a test commonly used in both tort law and criminal law to determine actual causation. The test asks, "but for the existence of X, would Y have occurred?"

In tort law, but-for causation is a prerequisite...

calendar

Calendar is a list of cases that a court is scheduled to hear. See: Court Calendar, Criminal Calendar.

When used as a verb, it means to place a case, motion, or other activity into the court's calendar to be heard. For...

calendar call

Calendar call is a pre-trial meeting that is held by a judge with the attorneys of both the parties in a case to schedule a date for trial or hearing, and to arrange some other pre-trial details. Generally, a court session is held in which...

calumny

Calumny is technically the act of a person falsely accusing another person of a crime. However, the common definition of calumny means the act of maliciously (i.e. with the intent to do harm) misrepresenting someone’s conduct to harm that...

capricious

To be capricious is to have an unpredictable, sudden, and unaccountable change in attitude or behavior.

In the legal context, capricious is defined in Boothe v. Roofing Supply, Inc. of Monroe: “arbitrary and capricious...

caption

Caption is a heading required on all pleadings (court documents) submitted to the court.

The caption or title of a pleading is the heading or introductory clause which shows the name, address, telephone number of the...

case

A case is a civil or criminal proceeding at law or in equity. It can also be referred to as an action, suit, or controversy, depending on the jurisdiction and the nature of the dispute.

A civil case normally involves two parties with...

case law

Case law is law that is based on judicial decisions rather than law based on constitutions, statutes, or regulations. Case law concerns unique disputes resolved by courts using the concrete facts of a case. By contrast, statutes and regulations are...

case of first impression

A case of first impression is a case that presents a legal issue that has never been decided by the governing jurisdiction. An example is the 1978 Supreme Court case Monell v. Department of Soc. Svcs. which decided whether local governments were...

cause

Cause usually describes the reason something happens. The concept of cause has been used in many areas of law.

In tort law, the plaintiff must prove that the defendant caused the alleged tort. Factual (or actual) cause and proximate cause...

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