Archives: Glossary

  • Corpus

    Latin for “body.” In trust law, the trust corpus is the property held in a trust, also called the principal or the trust res. The word also appears in phrases such as habeas corpus.

  • Positive law

    For the United States Code, a title that Congress has enacted as law itself. Under 1 U.S.C. § 204, the text of a positive-law title is legal evidence of the law, while the other titles are prima facie evidence of the law.

  • Legal name

    The name that identifies a person for legal purposes. For an individual, it is generally the name recorded at birth unless lawfully changed, for example by marriage or court order. For a business entity, it is the name in its formation documents.

  • Legal personality

    The capacity to hold legal rights and duties, such as owning property, making contracts, and suing or being sued. Every natural person has it, and the law gives it to certain artificial persons such as corporations. Some arrangements do not have it; for example, under California law a trust is generally not a legal personality, and the trustee sues or is sued on its behalf.

  • Legal fiction

    Something the law treats as true, even if it is not literally true, so that a legal rule can work. A common example is treating a corporation as a “person” that can own property, make contracts and be sued.