An operative fact is one that is directly relevant to deciding some question of law. In other words, an operative fact refers to a specific event or circumstance that gives rise to legal consequences and is crucial to the resolution of a...
courts and procedure
order to show cause
An order to show cause (O.S.C.), is a court order or the demand of a judge requiring a party to justify or explain why the court should or should not grant a motion or a relief. For example, if a party requests a restraining order from a...
original jurisdiction
Original jurisdiction refers to a court’s authority to hear and decide a case for the first time before any appellate review occurs. Trial courts typically have original jurisdiction over the types of cases that they hear, but some federal...
overbreadth
Overbreadth is a term used in the context of Constitutional Law to describe a statute or regulation that reaches beyond the scope of the subject matter it was originally intended to cover, causing it to cover activity that it was not intended...
PACER
PACER stands for Public Access to Court Electronic Records, which is a government service that provides online access to federal court records. After registering for an account, users can find a case by searching the federal court where the...
parol
Parol means given or expressed verbally, or any agreement that is not contained within a written contract. This is frequently used in conjunction with the parol evidence rule.
Not to be confused with parole.
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parol evidence
In contract disputes, parol evidence is any agreement that is not contained within the written contract. Under the parol evidence rule, these agreements made outside of the contract are inadmissible in court, unless there is evidence of fraud...
parol evidence rule
Overview
In contract disputes, parol evidence is any agreement that is not contained within the written contract. Under the parol evidence rule, these agreements made outside of the contract are inadmissible in court unless there is evidence...
participate
Participate, in the legal context, means to take part in something of legal consequence such as claims, business dealings, and class actions. Participation can be used without an inherent special legal meaning, such as participating in a...
past recollection recorded
Past recollection recorded is an exception to the hearsay rule and is detailed in the Federal Rules of Evidence, Rule 803(5). This rule allows a memorandum or record of an event to be read into evidence if the record:
Is on a matter...