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Free reference guide: Lawterm
About Lawterm
The Legal Terms Dictionary is a comprehensive reference covering 25 essential legal terms across four branches of law: Civil Law, Criminal Law, Litigation, and Constitutional/Administrative Law. Each entry provides the term definition, its legal basis with specific statute references, practical requirements, and real-world application examples.
Civil law entries cover foundational concepts like good faith/bad faith, real rights (numerus clausus principle), claim/obligation structures, warranty of quality, unjust enrichment (with good faith vs. bad faith recipient distinctions), duty of care standards, and the principle of good faith and fair dealing including related doctrines like estoppel and laches.
The reference includes detailed criminal law concepts such as elements of crime (actus reus, mens rea), criminal statute of limitations with specific time periods, warrant requirements with exceptions, and habeas corpus protections. Litigation terms cover appeals, injunctions/attachments, res judicata (claim and issue preclusion), standing, and civil limitations. Constitutional entries explain due process, delegated legislation, administrative acts, and constitutional review standards.
Key Features
- Covers 25 legal terms across civil, criminal, litigation, and constitutional/admin law categories
- Detailed good faith/bad faith analysis with UCC 1-201(20) and common law definitions
- Real rights taxonomy: ownership, possession, easement, mortgage, lien, pledge with numerus clausus principle
- Criminal elements of crime breakdown: actus reus, mens rea, and defense/excuse categories
- Statute of limitations reference for both criminal (murder, felony, misdemeanor) and civil (contract, tort, fraud) claims
- Res judicata analysis: claim preclusion vs. issue preclusion (collateral estoppel) with scope definitions
- Constitutional review standards: strict scrutiny, intermediate scrutiny, rational basis with application contexts
- Filterable by category with full-text search across all 25 entries and their detailed examples
Frequently Asked Questions
What legal systems does this reference cover?
The reference presents legal concepts from both civil law (continental) and common law (Anglo-American) traditions. Korean law entries include specific statute references (e.g., Korean Civil Code Article 108, Criminal Procedure Act Article 249), while English entries reference UCC provisions, Restatement principles, and constitutional amendments.
What is the difference between good faith and bad faith in law?
In civil law, good faith (善意) means not knowing a certain fact, while bad faith (惡意) means knowing it. In common law, good faith refers to honest and fair dealing intent (UCC 1-201(20)), and bad faith means deceptive or dishonest intent. The distinction affects third-party protections, as a good faith purchaser receives greater legal protection.
How does res judicata work?
Res judicata is the binding force of a final judgment. It has two components: claim preclusion (bars re-litigation of the same cause of action) and issue preclusion/collateral estoppel (bars re-litigation of issues actually decided). Its scope covers the parties (and their privies), claims actually litigated or that could have been, and requires a final judgment on the merits.
What are the elements of a crime?
A crime requires three elements: actus reus (the guilty act, including conduct, result, and causation), mens rea (the guilty mind, including intent, negligence, recklessness, or criminal negligence), and the absence of valid defenses (self-defense, necessity, duress) or excuses (insanity, infancy).
What is the difference between joint and several liability?
Under joint and several liability, each debtor is liable for the full amount, and payment by one discharges all (common in joint tortfeasor cases). Under several liability, each debtor is liable only for their proportionate share. Modern comparative fault systems often apportion liability based on each party degree of fault.
How do criminal and civil statutes of limitations differ?
Criminal limitations vary by offense severity: murder typically has none, felonies range from 5-10 years, misdemeanors 1-3 years. Civil limitations vary by claim type: contracts generally 6 years, personal injury 2-3 years, fraud 6 years from discovery. Tolling provisions (suspending the period) differ between criminal and civil contexts.
What is due process?
Due process (5th/14th Amendment in the US) has two aspects: procedural due process requires notice and an opportunity to be heard before deprivation of life, liberty, or property; substantive due process requires fundamental fairness in the law itself. It applies to criminal proceedings, administrative actions, and legislative enactments.
What types of constitutional review standards exist?
Three main standards: strict scrutiny (for fundamental rights and suspect classifications, requiring a compelling government interest), intermediate scrutiny (for gender and legitimacy, requiring an important government interest), and rational basis review (for economic regulation, requiring only a legitimate government interest). The standard determines how closely courts examine a law challenged as unconstitutional.