legal theory

critical legal theory

Overview

Critical legal studies (CLS) is a theory which states that the law is necessarily intertwined with social issues, particularly stating that the law has inherent social biases. Proponents of CLS believe that the law supports the...

culpability

Culpability is the legal responsibility for a criminal act; an individual’s blameworthiness; the quality of being culpable. Culpability also refers to the mental state (mens rea) that must be proven for a defendant to be held criminally...

culpable

Culpable means censurable or blameworthy. When an individual is said to be “culpable,” what is meant is that s/he is legally responsible (liable) for a criminal act. S/he is guilty.

See also culpability.

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de facto

De facto action is an action taken without strict legal authority to do so, but recognized as legally valid nonetheless. The action is considered something that acquires validity based on the fact of its existence and tradition.

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de facto corporation

De facto corporation refers to the legal recognition of a corporation, even if the articles of incorporation for a corporation are not properly filed. In other words, a corporation may be said to have de facto corporate status by...

de facto law

De Facto is a legal term meaning "in fact" or "in reality", which is used to qualify many legal concepts, even when the formal legal requirements have not been met. De facto law refers to a legal practice or formality that is not specifically...

de jure

De jure is the Latin expression for “by law” or “by right” and is used to describe a practice that exists by right or according to law. In contemporary use, the phrase almost always means “as a matter of law.”

De jure is...

de jure corporation

A de jure corporation is a corporation whose legal right to exist cannot be questioned even by the state. De jure is a Latin term that means “by right” or “rightfully such.” Ordinarily, a de jure corporation is established by complying with...

de minimis

Di minimis is something that is very trifling or of little importance. Usually refers to something so small, whether in dollar terms, importance, or severity, that the law will not consider it. For example, the di minimis fringe benefit...

defensive collateral estoppel

Defensive collateral estoppel is a type of collateral estoppel (also termed issue preclusion)—the doctrine barring a party from relitigating an issue decided against that party in an earlier action, even if the second action is significantly...

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