family law

arrearages

Arrearages broadly refers to being in arrears or owing a debt. There are two main uses of the term. One refers to payments in arrears that are meant to occur after they are owed, such as wages paid a week after time is entered or for invoices...

autopsy rights

Autopsy rights are those given to the deceased and the next of kin to determine whether and to what extent autopsies should be performed. Typically, the individual (prior to death) and next of kin get to decide whether an autopsy is performed...

beneficiary

A beneficiary is an individual who receives benefits from a transaction via a contract (such as an insurance policy), a will, or trust.

Wills and Trusts:

A beneficiary is an individual named in a will, revocable trust, or...

best interests of the child

The best interests of the child is a court doctrine used in custody proceedings when two parents are contesting custody of the child. Courts use this doctrine to make decisions regarding which parent will have custody of the child, the nature...

bigamy

Bigamy is a marriage in which one of the parties is already legally married. Bigamy is the practice which involves having two spouses at the same time. The second marriage to someone who is already legally married is void and may be annulled...

bilateral divorce

A bilateral divorce is a divorce proceeding where both parties are subject to the court’s personal jurisdiction. A bilateral divorce does not require both parties to be domiciled where the court is exercising jurisdiction, just that both...

breach of promise

Breach of promise, although not actionable in most jurisdictions, is a breach of a promise to marry another; in other words, it is a broken engagement. It is a tort against the breaching party. The principle of breach of promise treats the...

capacity

Capacity refers to the ability to make a rational decision based upon all relevant facts and considerations. Some common usages of the term “capacity” in a legal sense include:

In the context of criminal law, the term “capacity” means...

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...

causa mortis

Causa mortis is a Latin term referring to the awareness that death is approaching. In property law, when a party, acting with awareness that their death is approaching, gives something to another party, the resulting gift is known as a gift...

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