The business judgment rule provides a director of a corporation immunity from liability when a plaintiff sues on grounds that the director violated the duty of care to the corporation so long as the director’s actions fall within the...
courts and procedure
business record exception
Business records exception is a statutory exception to the rule against hearsay in Federal and most state courts. The exception allows parties to enter regularly compiled records within an organization that meet a certain level of...
business records exception
Business records exception is a statutory exception to the rule against hearsay in Federal and most state courts. The exception allows parties to enter regularly compiled records within an organization that meet a certain level of...
but-for cause
But-for cause, sometimes used interchangeably with actual cause, is a necessary element for both liability in civil cases and a guilty verdict under much of criminal law.
In civil cases, but-for cause combines with proximate cause to...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...
canons of construction
Canons of construction is defined as a system of rules or maxims that is used to interpret the legal instruments such as statutes. There are several canons of construction such as contra proferentem and ejusdem generis, that are used by...
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...
carnal knowledge
Carnal knowledge is sexual intercourse between two people, typically requiring at least some slight penetration. Carnal knowledge is a necessary element of many sex crimes such as rape, child molestation, or consensual sexual relations with...
cause of action
A cause of action is a set of predefined factual elements that allow for a legal remedy. The factual elements needed for a specific cause of action can come from a constitution, statute, judicial precedent, or administrative regulation....
cause-in-fact
Cause-in-fact, also referred to as factual causation or actual cause, is a legal concept used in tort law to establish a direct link between a defendant’s actions and the plaintiff’s harm. It is one of the elements to prove negligence. The...