Cyberlawz Glossary

The attorney-client privilege is a legal principle that protects communications between a client and their attorney from being disclosed without the client's consent. This privilege applies to both oral and written communications and is intended to promote open and honest communication between clients and their attorneys, so that the attorney can provide effective legal representation. The privilege is typically only waived if the client themselves chooses to disclose the communications

An attorney's fee is the payment that a client makes to their attorney for the legal services provided. Attorneys may charge their clients on an hourly basis, a flat fee, or a contingency fee.

The Bill of Rights is the first ten amendments to the United States Constitution. These amendments were added to protect the individual rights of citizens from the potential tyranny of the government.  

Blue sky laws are state securities laws that are designed to protect investors from fraud and other unethical practices in the sale of securities. These laws are so named because they are intended to protect investors from "the blue sky" or empty promises made by unscrupulous companies or individuals. 

A broker is a professional who acts as an intermediary between buyers and sellers of financial assets such as stocks, bonds, commodities, and real estate. They facilitate transactions by connecting buyers and sellers, negotiating prices and terms, and executing trades. 

Cyberlaw is a term that refers to the legal issues that arise in the digital age. It encompasses a wide range of topics, including intellectual property, privacy, freedom of expression, and cybersecurity. 

Case law refers to the body of law created by the decisions of courts and tribunals in specific cases. It is often referred to as common law, as it is developed through the decisions of the courts rather than through statutes or regulations. 

The CAN-SPAM Act, which stands for Controlling the Assault of Non-Solicited Pornography and Marketing Act, is a US federal law that sets the rules for commercial email messages. The law, which was enacted in 2003, aims to protect consumers from unwanted and deceptive email messages by regulating the sending of commercial emails.  

The Communications Decency Act (CDA) is a United States law that was enacted in 1996 as part of the Telecommunications Act of 1996. The CDA aimed to regulate indecency and offensive material on the Internet by criminalizing the transmission of "indecent" or "patently offensive" messages to minors. The law also held providers and users of interactive computer services (such as internet service providers) responsible for the actions of their users in transmitting such material. 

A cartel is an agreement between competing firms to limit competition and control prices in a market. Cartels are illegal in most countries because they are considered to be anti-competitive practices that can lead to higher prices for consumers and reduced economic efficiency. 

DBA stands for "doing business as." It is a name under which a person or company conducts business that is different from their legal name. A DBA allows a business to operate under a name that is different from their legal name without having to create a separate legal entity. For example, a sole proprietor who is registered as "John Smith" could conduct business as "Smith's Bakery" using a DBA. 

Discovery is the pre-trial process in which each party in a legal case gathers evidence and information relevant to the case from the opposing party. The purpose of discovery is to allow each party to fully understand the strengths and weaknesses of their case, and to make informed decisions about how to proceed with the case. 

Depreciation is an accounting term used to refer to the gradual reduction in the value of an asset over time due to wear and tear, obsolescence or other factors. Depreciation is used to allocate the cost of an asset over its useful life, rather than expensing the entire cost in the year the asset is acquired. 

The Digital Millennium Copyright Act (DMCA) is a United States copyright law that was enacted in 1998. The act implements two 1996 World Intellectual Property Organization (WIPO) treaties and criminalizes the production and dissemination of technology, devices, or services intended to circumvent measures (commonly known as digital rights management or DRM) that control access to copyrighted works. 

 Errors and omissions (E&O) refer to a type of legal liability that arises from professional negligence or mistakes made by individuals or organizations in the course of providing professional services. 

Examination from a legal perspective refers to the process of questioning an individual or witness in a court of law. This questioning can be done by both the prosecution and defense during a trial, as well as by a judge or other legal authority during a deposition or other legal proceeding. The purpose of examination is to gather information and evidence relevant to the case, and to evaluate the credibility of the witness or individual being questioned.  

Exculpatory evidence refers to any information or evidence that tends to clear a defendant of the charges or accusations against them. This can include evidence that proves the defendant's innocence, undermines the prosecution's case, or create reasonable doubt as to the defendant's guilt. 

The EU Data Retention Directive, also known as the EU Data Retention Act, was a European Union (EU) directive that required telecommunications providers and internet service providers to retain certain types of data about their customers' communications for a period of six to twelve months. 

Fair use is a legal doctrine in the United States that allows for limited use of copyrighted material without the need for permission from the copyright holder. It is intended to balance the rights of copyright holders with the public's interest in the free flow of information and ideas. Examples of fair use include criticism, commentary, news reporting, teaching, scholarship, and research. 

Forensic, in a legal context, refers to the application of scientific methods and techniques to the investigation of a crime or a legal matter. Forensic evidence, or simply "forensics," refers to the physical and digital evidence that is collected and analyzed by experts to help establish facts in a court of law. This can include evidence such as fingerprints, DNA, blood and other bodily fluids, ballistics, and digital data. 

Fraud is a legal term that refers to a deliberate deception or misrepresentation made for personal gain or to cause harm to another person. In the legal context, fraud is a criminal offense and a civil wrong. 

The Federal Trade Commission Act (FTC Act) is a US federal law that was enacted in 1914 to prevent unfair methods of competition in commerce and to protect consumers from deceptive business practices. The law established the Federal Trade Commission (FTC), an independent agency of the US government, which is responsible for enforcing the provisions of the FTC Act. 

Goodwill is a legal term that refers to the value of a business beyond its tangible assets, such as its reputation, customer base, and relationships with suppliers and employees. Goodwill is considered an intangible asset and can be an important component of a company's overall value.  

Gross negligence is a legal term that refers to a high degree of carelessness or recklessness in the performance of a duty. It is a more severe form of negligence than simple or ordinary negligence, and is characterized by an intentional disregard for the safety or well-being of others. 

A grand jury is a group of citizens who are selected and sworn to investigate allegations of criminal activity. The purpose of a grand jury is to determine whether there is sufficient evidence to bring criminal charges against an individual or organization. 

 The General Data Protection Regulation (GDPR) is a regulation in EU law on data protection and privacy for all individuals within the European Union (EU) and the European Economic Area (EEA). It also addresses the export of personal data outside the EU and EEA. 

Habeas corpus is a legal term that refers to a writ or court order that requires a person who is being detained or imprisoned to be brought before a court or judge. The purpose of habeas corpus is to ensure that the detention or imprisonment is lawful, and to provide a means for individuals to challenge the legality of their detention if they believe they are being held without just cause. 

Harassment from a legal perspective is any unwanted or unwelcome conduct that is severe or pervasive enough to create a hostile or intimidating work or living environment. Harassment can take many forms, including verbal, physical, or visual conduct. 

A hung jury, also known as a deadlocked jury, occurs when a jury is unable to reach a unanimous verdict in a criminal trial. This means that the jury is unable to agree on whether the defendant is guilty or not guilty of the charges. 

From a legal perspective, the term "illegal" refers to an act or behavior that is prohibited or forbidden by law. This can include a wide range of activities, from criminal acts such as theft or murder, to civil infractions such as traffic violations or zoning violations. 

Immunity from a legal perspective refers to the protection from prosecution or legal action that is granted to certain individuals or groups in certain situations. It can also refer to a protection from civil suits. 

In a legal context, "indemnify" means to provide protection or security against a loss or damage that may occur in the future. Indemnification is a legal agreement between two parties in which one party agrees to compensate the other party for any loss or damage that may occur as a result of a specific event or activity. 

A judgement from a legal perspective is a formal decision made by a court or tribunal in a legal case. It is the final outcome of a legal proceeding and determines the rights and obligations of the parties involved. The judgement may be the result of a trial, or it may be a decision made in the context of a settlement or plea agreement. 

Jurisdiction refers to the legal authority of a court or other governmental body to hear and decide a case. Jurisdiction can be defined in various ways, such as territorial, subject matter, and personal jurisdiction. 

A juror is a person who is chosen to serve on a jury in a legal case. Juries are used in both criminal and civil trials to hear evidence, deliberate and make a decision on whether the defendant is guilty or not guilty in a criminal trial, or whether the plaintiff has proved their case in a civil trial.  

A kangaroo court is a term used to describe an informal, irregular, or illegal court or tribunal. This type of court lacks the legal authority and jurisdiction to hear and decide cases, and its proceedings are often marked by bias, corruption, and lack of due process.  

 From a legal perspective, kin, also known as "next of kin," refers to a person's closest living relatives. The term is commonly used in the context of inheritance law, where the next of kin is the person who is legally entitled to inherit a deceased person's property in the absence of a will.  

Kidnapping is a criminal offense that involves the taking or confinement of a person against their will. It is a serious crime that is punishable by imprisonment and can carry significant fines.

The legal definition of kidnapping can vary depending on the jurisdiction, but generally it involves the following elements:

The term "litigious" refers to a person or organization that has a tendency to engage in lawsuits or legal disputes. It can also refer to a situation that is characterized by a high number of lawsuits or legal disputes. 

A lien is a legal right that allows a person or organization (the lien holder) to claim and hold onto property belonging to another person (the debtor) as security for a debt or other obligation. The lien holder has the right to retain the property until the debt or obligation is satisfied. 

Liability is a legal term that refers to the state of being legally responsible for something, particularly for paying debts or compensating for damages. In a legal context, an individual or organization can be held liable for damages, injuries, or losses suffered by another person as a result of their actions or inactions. 

"Making one whole" is a legal concept that refers to the idea that a person who has been wronged should be compensated in a way that puts them back in the same financial position they were in before the wrong occurred. It is also known as "restitution" or "compensation". 

Malfeasance refers to the commission of an unlawful or wrongful act, particularly by a public official or someone in a position of trust, that is committed while in the performance of official duties. 

Malice is a legal term that refers to the intention to cause harm or injury to another person without just cause or excuse. It is often used in criminal law to describe the state of mind of a person who commits a wrongful act with the intent to cause harm. 

Negligence is a legal term that refers to a failure to exercise reasonable care, resulting in harm to another person. It is a type of civil liability that arises when someone fails to meet their duty of care and causes injury or damage to another person. 

Negotiation is a legal term that refers to the process of communicating and reaching an agreement between two or more parties. In a legal context, negotiation is a way for parties to resolve disputes or reach agreements without going to court.
 

 A notary public is a public official who is authorized by the government to perform certain legal tasks, such as witnessing the signing of legal documents and administering oaths. In general, a notary public is a neutral third party who verifies the identity of the person signing a document and attests to the fact that the signature is genuine. 

 Net neutrality is the concept that all Internet traffic should be treated equally, without discrimination or preference given to any particular websites, services, or applications. In other words, net neutrality means that Internet Service Providers (ISPs) should not be able to restrict access to or block certain websites or services, or charge different prices for different levels of service or access. 

An omission in the context of law refers to a failure or neglect to take an action that is required by law or duty. This can result in legal liability or penalties for the person who has omitted to fulfill their obligation. 

In law, an opinion is a written or verbal expression of the judgment, view, or evaluation of a legal expert, such as a judge, lawyer, or solicitor, on a particular legal issue or case. Legal opinions provide insight into the application of the law to a set of facts and can assist in determining the outcome of a legal dispute or in guiding the parties involved in a transaction. 

Ownership in the context of law refers to the legal right to possess, use, and control property or assets. This right can be exercised by individuals, organizations, or the state, and it confers the power to transfer, dispose of, or encumber the property in question. Ownership can be acquired through purchase, inheritance, gift, or other means recognized by law, and it is protected by various legal provisions and mechanisms, such as property rights and contracts. 

A partial breach in legal terms refers to a failure to fully perform the obligations under a contract, where only a part of the contract has been violated. In this situation, the affected party may have the option to either enforce the contract as written or to treat the contract as terminated and seek damages. Whether a partial breach of contract is considered material or immaterial will determine the rights of the parties involved. 

 A patent is a form of intellectual property protection granted by a government to an inventor or assignee for a limited period of time, typically 20 years from the filing date, in exchange for the public disclosure of the invention. A patent gives the holder the exclusive right to make, use, sell, and license the invention, preventing others from producing, selling, or using the invention without permission. 

 Performance in legal terms refers to the fulfillment of obligations under a contract, such as the delivery of goods, rendering of services, or payment of money. Performance of a contract is considered complete when the parties have performed all of their obligations as specified in the contract.  

A quasi-contract, also known as an implied-in-law contract, is a legal construct recognized by courts to provide a remedy for unjust enrichment in circumstances where no actual contract exists. It is a court-created obligation imposed on one party to prevent the unjust enrichment of another party, even though no agreement was reached between the parties. 

Quid pro quo is a Latin term that means "something for something." In legal terms, quid pro quo refers to a situation in which an exchange of one thing of value is made for another. In contracts, quid pro quo refers to the exchange of promises or performance between the parties, with each party receiving something of value in return for their promises or performance. 

 A quorum is the minimum number of members or participants that must be present for a meeting or decision-making body to conduct its business and make valid decisions. In a legal or legislative context, a quorum is the minimum number of members required to be present for a meeting to be considered valid and for decisions to be considered binding. 

Ratification in legal terms refers to the formal act of confirming or approving a prior agreement, contract, or action. Ratification gives a prior agreement or contract the same effect as if it had been entered into originally with the same formalities. 

Real property, also known as real estate, refers to land and any permanent structures attached to it, such as buildings, houses, and other improvements. Real property is considered a type of tangible property, as opposed to intangible property, such as intellectual property or financial assets.  

Reciprocity in legal terms refers to a mutual exchange of privileges or benefits between two parties. In a contract or agreement, reciprocity refers to the mutual exchange of promises or performance, where each party agrees to perform a certain obligation in exchange for the performance of an equivalent obligation by the other party.  

Sanction in legal terms refers to a penalty or other form of enforcement used to enforce compliance with a law, rule, regulation, or order. In a criminal context, sanctions may include fines, imprisonment, or other penalties imposed by a court as a result of a criminal conviction.  

Several liability is a legal principle that holds each party liable for only their individual share of damages in a multi-party lawsuit. In a several liability system, each defendant is held responsible only for the damages caused by their own actions or negligence, rather than being held responsible for the total amount of damages incurred by the plaintiff.  

A silent partner in legal terms is a person who provides capital to a business venture but is not actively involved in its management or operations. A silent partner provides funding to a business in exchange for a share of the profits, but does not participate in the day-to-day running of the business.  

 The Sarbanes-Oxley Act, also known as the Public Company Accounting Reform and Investor Protection Act, is a US federal law that was enacted in 2002. The law was passed in response to a series of corporate accounting scandals, such as the Enron scandal, that caused a loss of public trust in the financial markets. The Sarbanes-Oxley Act is aimed at improving corporate governance, financial transparency, and accountability. 

A term in legal terms refers to a specific period of time during which a contract, agreement, or other legal instrument is in effect. A term can also refer to a specific condition or provision in a contract or agreement, such as a payment obligation, delivery requirement, or other duty. In a contract, the term is the duration for which the agreement is enforceable and the parties are bound to perform their obligations.  

A trade secret is a type of proprietary information that is kept confidential to maintain its economic value or advantage over competitors. It may include formulas, patterns, practices, processes, or other business information that is not generally known or easily discoverable by others.  

A trust is a legal relationship in which one person (the trustee) holds property (the trust property) for the benefit of another person (the beneficiary). The trustee has a duty to manage and protect the trust property for the benefit of the beneficiary according to the terms of the trust agreement. Trusts can be used for a variety of purposes, such as estate planning, asset protection, and tax planning. 

The Telecommunications Act of 1996 is a United States law that was enacted with the goal of deregulating the telecommunications industry and promoting competition. It was the first major overhaul of telecommunications law in more than 60 years and was designed to promote competition and innovation in the rapidly changing telecommunications landscape. 

 Unfair competition is a legal concept that refers to actions that harm the business interests of another party and are considered unethical or contrary to fair business practices. Examples of unfair competition include false advertising, trademark infringement, misappropriation of trade secrets, and unfair business practices that damage the goodwill of a business. Unfair competition laws exist to protect businesses from these types of harmful practices. 

Unissued stock refers to shares of a company's stock that have been authorized by the company but have not yet been issued or sold to investors. These shares are held in reserve by the company and may be issued at a later time, such as to raise capital or as part of an employee stock option plan. 

Usury is the practice of lending money at an excessively high interest rate, considered unethical and often illegal. The term is typically used to refer to the charging of excessively high interest rates, which is considered exploitative and oppressive to borrowers. In many countries, there are laws that regulate the amount of interest that can be charged on loans, with the aim of protecting borrowers from excessive charges. 

The UK Data Protection Act is a UK law that was enacted in 2018 to regulate the processing of personal data by organizations. The law is based on the European Union's General Data Protection Regulation (GDPR) and aims to protect the privacy and rights of individuals whose personal data is processed by organizations. 

A verdict is a decision or finding made by a jury or judge in a court of law, determining the guilt or innocence of a defendant in a criminal trial, or the outcome of a civil case. It is the official conclusion reached after a trial, based on the evidence presented and the applicable law, and serves as the final determination of the dispute. A verdict can be either guilty, not guilty, or in some cases, a hung jury, where the jury is unable to reach a decision. 

In legal terms, "voidable" refers to a contract or agreement that is technically valid, but may be cancelled or annulled by one of the parties if certain conditions are met. A voidable contract is one that is subject to being made void or cancelled at the option of one of the parties, usually due to duress, undue influence, fraud, misrepresentation, or a failure to meet certain conditions.  

In legal and financial contexts, "vested" refers to a right or benefit that is secure and cannot be taken away, altered, or revoked by an employer or other granting authority. For example, a vested employee benefit refers to a right to receive a certain benefit, such as a pension or stock option, that cannot be taken away or reduced by the employer.  

  In legal terms, a warranty is a promise or guarantee made by a seller or manufacturer regarding the quality, performance, or condition of a product. A warranty can be express or implied, meaning that it can be explicitly stated in writing or can be assumed based on the circumstances of the sale. 

A waiver in legal terms refers to the intentional and voluntary surrender or relinquishment of a right, claim, or privilege. A waiver can be written or verbal and can be expressed or implied through conduct. By waiving a right, a person is giving up the opportunity to enforce that right in the future. 

 Watered stock refers to stock in a company that has been issued in excess of the company's actual value. This can occur when a company issues more shares of stock than it should have, diluting the value of each share and reducing the ownership interest of existing shareholders. The term "watered" is used because the value of the stock is said to be "diluted" or "watered down" by the excess issuance.