Duhaime's Law Dictionary

H
Legal definitions for terms and concepts beginning with H

Habeas Corpus
Latin: a court petition which orders that a person being detained be produced before a judge for a hearing to decide whether the detention is lawful.
Habit
A regular response to a specific situation.
Habitual Offender
A person who is convicted and sentenced for crimes over a period of time and even after serving sentences of incarceration, demonstrates a propensity towards future criminal conduct.
Habitual Residence
Ordinary residence.
Hadley v Baxendale, Rule in
A rule of contract law which limits the defendant of a breach of contract case to damages which can reasonably be anticipated to flow from the breach.
Half-Secret Trust
A secret trust in which the donor announces the trust but not the objects or the beneficiaries.
Halfway House
A temporary group home designed to facilitate the reentry into society of prison inmates.
Halliday Order
A special Court order in regards to document disclosure where, in special cases, a lawyer for a litigant, as an officer of the Court, first review documents from specified sources, or at large, and identifies and proposes to set aside and distinguish documents weighed relevancy, for reasons of privilege, privacy, confidentiality, or the potential personal embarrassment of the party given the personal nature of the information in a document.
Harassment
Unsolicited words or conduct which tend to annoy, alarm or abuse another person.
Harmless Error
An error which beyond a reasonable doubt, did not contribute to a decision.
Hatch Act
An American statute which controls political activity of government employees.
Hate Crime
The subtly or overt victimization of an individual, for no reason other than skin color, religion, parental heritage, disability, sexual orientation, gender or gender identity.
Hawaiian
A descendant of the aboriginal peoples inhabiting the Hawaiian Islands which exercised sovereignty and subsisted in the Hawaiian Islands in 1778.
Hawala
Arabic: a form of international money transfer often used to conduct money laundering.
Hawker
A person who goes about carrying goods from house to house to endeavour to sell them there.
Hazing
Unofficial punishment administered by peers.
Healing Period
A term of disability insurance which bridges, in time, the employee between the injury or sickness, and maximum medical improvement.
Hearing
The presentation of evidence before an adjudicating body as may be required for a full disclosure and challenge of alleged facts.
Hearsay
Evidence that is offered by a witness of which they do not have direct knowledge but, rather, their testimony is based on what others have said to them.
Heart Attack
Damage to the heart muscle by occlusion of blood supply.
Heart Attack Standard
A finding or allegation that conditions of employment are so unusual or extraordinary conditions as to have the potential to cause mental disorder or a heart attack.
Heat of Passion
A sudden uncontrollable state of mind provoked by a blow or some other personal provocation.
Heckler's Veto
(USA) A controversial legal position taken by law enforcement officers based on an alleged right to restrict freedom of speech where such expression may create disorder or provoke violence.
Hedonic Damages
Damages sought for loss of enjoyment of life.
Heir
A beneficiary of a will or an intestacy.
Hells Angels Motorcycle Club
A distinct outlaw motorcycle gang with significant operations in North America.
Henson Trust
A discretionary trust for a person in receipt of social assistance or disability benefits designed to top-up that person's income but without making them ineligible.
Hereditament
Something which can be inherited.
Hereditas
Latin: the estate of a deceased person.
Hereditas Damnosa
Latin: an inheritance that is more of a burden than a benefit.
Hereditas Jacens
Latin: an unclaimed estate.
Heresy
A historic criminal offence comprised of the act of public denial of Christian doctrines.
Heriot
A right in ancient common law of a land lord, upon the death of his tenant, to pick any beast belonging to the estate of the deceased tenant.
Heritable Obligation
A legal obligation or right which is not extinguished by the death of the person who held those rights, or was liable for the obligation, but are transferred to the estate.
Heritage
Scot law: real property.
Heroic Measures
Artificial or emergency healthcare measures with or without the use of machinery, designed to revive an individual who but for those measures, would in all probability die.
Hide
A unit of land in England, circa the Conquest (1066)
High Seas
A term of international and maritime law; the open ocean, not part of the exclusive economic zone, territorial sea or internal waters of any state.
High Treason
Treason as against the monarch, king or queen, or his/her government.
Hillary Term
The first of four English court terms during the calendar year.
Himalaya Clause
A clause in a transportation contract purporting to extend liability limitations which benefit the carrier, to others who act as agents for the carrier such as stevedores or longshoremen.
Hippocratic Oath
An oath of professional conduct sworn by physicians at the commencement of their career.
Hiraba
Muslim law: organized crime such as highway robbery.
Hired Gun
An expert with a bias or who adapts his or her expert evidence to the requirements of the party that calls him/her as a witness.
Hissing
A common law right given to the audiences of public performances to openly express their opinion of the performance.
Hitman Scam
A consumer scam usually conducted by email in which the recipient is approached by an alleged assassin who seeks money in lieu of completing his task.
Hockey
A game played on ice in which opposing teams of six players each, try to drive a small black hard rubber disk called a puck into the oppising goal by hitting it with a curved stick.
Hodge's Case
A rule limiting the use of circumstantial evidence in the trial of a criminal offence.
Holograph Will
A will written entirely in the testator’s handwriting and not witnessed.
Home-Country Rule
A form of international agreement in which a host country allows a foreign national to continue to fall under the exclusive jurisdiction of his country of origin even as regards acts or commerce in the host country.
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