Legal Glossary
This Legal Glossary defines legal and other terms appearing
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and in relation to their usage. Each defined term is highlighted like
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A B C D E F G H I J K L M N O P Q R S T U
V W X Y
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- A -
Act
The documented result of a formal process by congress or
state legislatures,
designed to establish a new statute or
change (amend) an old one. Each of the Federal discrimination
acts is an example. Compare to Bill.
Actionable
A basis for legal action, such as a filing a lawsuit in court
or a charge with an enforcing government
agency; for example, an employer's violation of a labor
law is actionable.
Adjudicate
To resolve judicially,
such as through a court judge.
Administrative
Law Judge
A presumably impartial official who presides over administrative-law proceedings with
the authority to make decisions that are legally binding,
similar to a civil court judge. (Administrative law regulates government
agencies.) For example, if a state
unemployment office denies your claim for unemployment
benefits, you likely have the right to appeal the denial
in a hearing before an administrative law judge. (However,
you might first have to exhaust other avenues of appeal provided
by the unemployment office.) Called an administrative
judge for short. Abbreviation is ALJ.
Arbitrator
A presumably neutral third party who helps to resolve disputes
between employers and employees during arbitration,
and whose final decisions are legally binding. Compare
to Mediator.
Allege
To accuse before proving with evidence. Allegation is
the noun for this verb.
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- B -
Bargaining
Unit
A group of employees who share a unionized workplace, perform
like job duties, and likely share similar interests when
it comes to pay, hours and
other working conditions. A bargaining unit typically works
under a collective
bargaining agreement. A bargaining unit might
include nonunion employees who are entitled to many of the
same union rights as union employees
under the agreement, such as taking work
breaks.
Bill
A written proposal or draft submitted to a legislative body
(e.g., U.S. Senate or House of Representatives) for consideration
as a new or amended Act.
Bona Fide
Sincerely offered in good faith, absent of fraud or deceit.
Breach
Violation of a law, principle, standard or obligation. For
example, ignoring a contractual obligation might be breach of
contract. See also Collective
Bargaining Agreement, Explicit
Contract and Implied
Contract.
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Class
Action
A legal action, such as a lawsuit, initiated by one or more
individuals on behalf of themselves and other individuals
with like interests. After a judge grants class action status
to a lawsuit, members of the class will be notified and will
have the option to join the lawsuit or decline.
Clause
A distinct section, condition or requirement stipulated in
a legal document, such as an employment
agreement or contract. See also Collective
Bargaining Agreement and Explicit
Contract.
Code
A collection of statutes or
rules and regulations that
enforce statutes, or all three combined.
Coerce
To force or compel to perform an act or make a choice by
threat. Compare to Duress.
Collective
Bargaining Agreement
An explicit
contract of employment negotiated by union representatives
and employers who employ members of the same union. After
negotiations, union members typically have the opportunity
to accept or decline new collective bargaining agreements
through a voting process. Collective bargaining agreements
may expand the minimum provisions or make up for their absence
in Federal and state, labor and
employment laws. For example, if state
employment laws do not require employers to give employee rest
or meal breaks, a collective bargaining agreement may
do so. Compare to Implied
Contract.
Common Law
Also called case law or caselaw, it's a
body of law based on the outcome of court cases. Consequently, alleged violations
of common law typically must go through the courts for resolution.
Compare to Doctrine, Public
Policy and Precedent.
Compensatory
Payment to compensate for damages suffered.
Contingency
When attorneys take cases
on contingency, they collect fees after they win the cases
or settle them out of court. Typically, attorneys charge
contingency fees at rates ranging from 25 to 40 percent of
the awards they win for their clients. (However, attorney
fees might be limited to lower dollar amounts for certain
cases, by state laws.)
Alternately, they might simply wait to collect their due,
until the courts or government agencies award reimbursement
of legal fees. Attorneys who lose cases while working on
contingency typically charge nothing or relatively small
fees, such as only for expenses incurred.
Covenant
of Good Faith and Fair Dealing
An implied agreement that it's the duty of employers to treat
employees honestly, fairly and ethically, especially dedicated,
long-term employees. Examples of an employer's breach of
this covenant include firing employees to avoid granting
them earned rewards, fabricating reasons to fire or layoff employees,
and coercing employees
to quit. (See also Constructive
Discharge.) Only a few states recognize
breach of this covenant as an exception to the Doctrine
of Employment at Will. Compare to Implied
Contract.
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- D -
Decree
An order issued by a government or court. Such an order typically
has legal force.
Doctrine
A legal principle or concept that is established through
past decisions (e.g., court cases) and widely upheld. Compare
to Common Law and Precedent.
Duress
When an otherwise-reasonable person does something against
his or her will or good judgment, such as entering into
an agreement, because he or she was compelled to do so
by unlawful force, threat or pressure. Often a valid defense
for breach of contract.
Compare to Coerce.
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- E -
Equal Employment Opportunity
Often abbreviated as EEO, it means that job candidates
and employees are to be treated equally in employment matters,
regardless of age, creed, disability,
national origin, race, religion, genetics or sex.
Equal employment opportunity is enforced by discrimination
laws. In turn, they are are sometimes referred to as
equal employment opportunity laws or EEO laws for short.
Explicit
Contract
A contract that clearly states
its meaning and intent in writing. Explicit employment contracts
may expand the minimum provisions or make up for their absence
in Federal and state, labor and
employment laws. For example, an explicit employment
contract may include a clause that
entitles an employee to receive more than the required Federal
or state minimum wage or overtime
pay. Contracts are also called agreements. Compare
to Implied
Contract.
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- F -
First
Amendment to the U.S. Constitution
Guarantees freedom of speech, freedom of religion,
freedom of the press and freedom of assembly. However, to
avoid consequences, exercising these rights typically may
not significantly interfere with your employment relationship
or job performance. Also referred to as Amendment
I. The first 10 Amendments to the Constitution are
collectively referred to as the Bill
of Rights.
Fourth
Amendment to the U.S. Constitution
Guarantees the right of the people to be secure in their
persons, houses, papers and effects, against unreasonable
searches and seizures. In other words, it prohibits searches
and seizures of a person or his or her belongings, without
first showing probable cause (strong suspicion that a crime
was committed) and obtaining an explicit warrant granting
permission to conduct a search or seizure. Also referred
to as Amendment
IV. The first 10 Amendments to the Constitution
are collectively referred to as the Bill
of Rights.
Fourteenth
Amendment to the U.S. Constitution
Consists of five sections. In brief, it grants U.S. citizenship
to those who are eligible and guarantees equal protection
to all U.S. citizens under the law. Prohibits all states
from passing and enforcing laws that deprive Americans of
their rights and immunities granted by U.S. citizenship.
Also prohibits all states from passing or enforcing laws
that deprive U.S. citizens of life, liberty or property,
without due process of law (following legal rules and procedures).
Also referred to as Amendment
XIV.
Fraud
Intentionally twisting the truth or knowingly concealing
facts. Employers might be guilty of fraud, for example,
if they lie about the advantages or disadvantages of the
jobs they're offering or as guise to illegally
discharge employees. Fraud typically falls under tort or
criminal law.
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- G -
Good Cause
A specific, legally-justifiable or legitimate business reason.
Also referred to as just cause, reasonable cause or
simply cause. Laying off employees
to relieve financial distress and firing employees
for gross misconduct are each examples of good cause for
employers to discharge employees, under the Doctrine
of Employment at Will. Serious, job-related problems
might be good cause for employees to quit,
such as to still be eligible to collect state
unemployment benefits, especially if the employees
sincerely tried to resolve the problems before quitting.
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- I -
Implied
Contract
Short for implied-in-fact contract, it's an agreement
that is not explicitly in writing, but presumably intended
by all parties involved. A manager's oral promise, a statement
in an employee manual, a company policy, a chain of positive
employee merit reviews, and a company's historical actions
are each examples of what might constitute an implied contract
between an employer and employee. Often, what constitutes
an implied contract infers a "promise"
of continued or permanent employment. Several states recognize breach of
implied contract as an exception to the Doctrine
of Employment at Will. However, employers might require
new-hires to sign agreements,
in which they acknowledge that documents, such as policy
manuals, do not constitute contracts. If so, implied contracts
based on documents might be null
and void. Compare to Explicit
Contract.
Injunction
A written court order (writ) requiring one or more individuals
or organizations to engage in or cease engaging in the
act specified.
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- J -
Judicial
Associated with a judgment, or the act of judging or administrating
justice, such as in court. Also the name of a branch of
government that administrates justice, such as Federal Judicial Branch.
Compare to Adjudicate.
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- L -
Legalese
The specialized language spoken, written and understood among
those who work in the legal profession, such as judges, government-office legal
personnel and attorneys.
Legality
The quality or state of being legal, observance of law, adherence
to law, an obligation under law, or a matter directly related
to law. Plural is legalities.
Legislate
To create legislation (such as laws, ordinances and regulations)
as does a legislative branch of government, also
referred to as a legislature.
Liable
Legally responsible to another or the general public and
enforceable through civil or criminal legal action (e.g.,
private lawsuit or criminal court case).
Litigate
To dispute through a judicial process,
such as a lawsuit in court or a hearing before an administrative
law judge.
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- M -
Malicious
Intent to cause harm without justification and regard for
legal rights.
Mediator
A presumably neutral third party who helps to resolve disputes
between employers and employees during mediation.
A mediator typically does not issue a final decision, but
rather facilitates negotiations among the opposing parties.
Agreements reached among the parties are typically not
legally binding, but rather depend on honesty and integrity
to uphold them. Compare to Arbitrator.
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- N -
Nepotism
Favoring friends or relatives when making employment decisions,
with little to no regard for anything but the relationships.
Nepotism is not specifically outlawed under Federal
employment discrimination laws, but still might constitute
discrimination. See Nepotism in
the Workplace for more information.
Null
and Void
Not legally binding or enforceable. For example, a court
might declare an explicit
contract null and void despite that all signing
parties initially agreed to it, if any of its clauses weren't
legally-valid in the first place or it was signed under duress.
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- O -
Order
A written command or instruction issued by a judge, court
or administrative governmental
agency, that has legal force. Such an order issued
by the President of the United States is referred to as
an executive order or presidential executive
order. Orders often amend or become regulations.
Ordinance
A law, regulation or decree,
especially at the municipal (town, city or county) level.
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- P -
Pay
in Lieu of Notice
Also called in-lieu-of-notice pay, it means pay
instead of notice. Employers might be required by employment
or labor laws, explicit
contracts, collective
bargaining agreements, or their own policies or
plans, to give advance notice of employment
terminations such as layoffs.
If employers fail to give such notice, they might be required
to compensate affected employees in the form of back pay
or pay in lieu of notice. For example, the Worker
Adjustment and Retraining Notification Act (WARN) is
a Federal law that requires certain employers to give advanced
notice of layoffs to affected employees. However, WARN does
not recognize the concept of pay in lieu of notice, because
it offers employers an alternative to giving the required
notice. Still, an employer who issues adequate pay in lieu
of notice will avoid the penalty under WARN for failing to
give the required notice. It's a loophole to the advantage
of employers.
Private
Sector
A part of society, industry or the economy that is not under
direct governmental control. For example, private-sector employers
are businesses that are privately owned by individuals, partners
or stock holders, while private-sector employees
work for such businesses. Compare to Public
Sector.
Proceeding
Legal action, such as a court trial by jury or a hearing
by a government agency.
Public
Policy
Principles, values and standards that courts and legislatures consider
to be in the best interest of an individual, and the general
public as well. May be expressed or implied and varies among
jurisdictions. Several states recognize
violation of public policy as an exception to the Doctrine
of Employment at Will. Alleged violations
of public policy typically must go through the courts for
resolution.
Public
Sector
A part of society, industry or the economy that is under
direct Federal, state or local governmental control. For
example, public-sector employers are government
agencies and other organizations that represent the general
public under governmental control, while public-sector employees
work for such organizations. Compare to Private
Sector.
Precedent
A benchmark court-case or government-agency decision that
provides the legal basis for deciding similar matters in
the future. Compare to Common
Law and Doctrine.
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- Q -
Qui Tam
Short for qui tam action, it means that U.S. citizens
may take legal action on behalf of their government, such
as filing lawsuits. For example, a whistleblower who
works for a company that provides services to the Federal
Government under contract, may sue the company in court under
the False Claims Act for
defrauding the Federal Government. Better yet, the whistleblower
will receive a fair share of the monetary damages awarded
to the Federal Government, while being protected from employer retaliation.
Some states have passed False Claims Act equivalents, to
deter and punish for fraud against
state governments.
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- R -
Regulation
A rule or order that has legal force, issued by an administrative
agency or government. Regulations are issued as the means
to enforce specific laws. Compare to Code and Order.
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- S -
Statute
A law enacted by a legislative branch
of government, typically through a formal act. Overtime
law enacted through the Fair
Labor Standards Act is an example. Compare to Code.
Statute
of Limitations
A municipal, state or Federal law that imposes a time limit
for suing in court, filing a charge with a government
agency or taking other legal action, typically starting
on the date an alleged wrongdoing
first occurred. Among the intentions is to help ensure defendants'
rights to speedy trials and other proceedings,
while preserving the "freshness" of evidence. Time
limits vary, depending under which law one takes legal action;
but, they can be relatively short. For example, an employee
typically has only 180 days to file a charge of employment
discrimination with the EEOC under
a Federal discrimination
law, 300 days if the charge also falls under a state or
local discrimination law.
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- T -
Tort Law
A branch of law that deals with civil wrongdoings (torts)
for which harmed persons may obtain relief, such as collecting
monetary damages through lawsuits. Also referred to as personal
injury law or injury and tort law.
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- U -
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- V -
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- W -
Waive
To voluntarily relinquish (give up) or refrain from enforcing,
such as a legal right.
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