General (not jurisdiction-specific)

To agree to an offer or to take something as given. In contract law, acceptance of an offer is a manifestation of assent to its terms in a manner invited or required by the offer (Restatement (Second) of Contracts § 50). For negotiable instruments, acceptance is the drawee’s signed agreement to pay a draft as presented (UCC § 3-409). We have not found a court decision holding that writing “accepted for value” on a bill or court paper pays or discharges a debt.

To refuse to accept. In contract law, rejecting an offer generally ends the offeree’s power to accept it. Under UCC Article 2, a buyer who rejects goods must do so within a reasonable time after delivery or tender, and the rejection is ineffective unless the buyer seasonably notifies the seller (UCC § 2-602(1)). In bankruptcy, a trustee may, with the court’s approval, reject an executory contract or unexpired lease of the debtor (11 U.S.C. § 365(a)).

To refuse to admit that an allegation is true, or to refuse a request. In an answer, a party must admit or deny the allegations asserted against it, and a denial must fairly respond to the substance of the allegation (Fed. R. Civ. P. 8(b)(1)(B), (b)(2)). An allegation that is not denied, other than one about the amount of damages, is admitted if a responsive pleading is required (Fed. R. Civ. P. 8(b)(6)). A court also denies a motion it refuses to grant.

A disagreement between parties about a fact, a right or a claim. In litigation, summary judgment depends on whether there is a genuine dispute as to any material fact (Fed. R. Civ. P. 56(a)). In consumer law, a consumer can dispute a debt with a debt collector in writing within the validation period (15 U.S.C. § 1692g(b)) or dispute inaccurate information with a credit reporting agency (15 U.S.C. § 1681i).

Latin for “in good faith.” Genuine, real, made honestly and without fraud. For example, a bona fide purchaser buys property for value without notice of another person’s competing claim, and many state recording laws protect such buyers.

Having legal force that must be followed. A binding contract is one the law will enforce; binding (or mandatory) authority is law a court must follow, such as a statute or a decision of a higher court in the same jurisdiction (binding precedent); and binding arbitration produces an award the parties have agreed to accept, subject to limited court review.

A solemn declaration, usually invoking a sense of moral or religious obligation, that a statement is true or that a person will faithfully perform a duty. Before testifying, a witness must give an oath or affirmation to testify truthfully (Fed. R. Evid. 603). An affirmation is a solemn promise without a religious reference, and the law treats it the same as an oath. In most federal matters, a signed, dated declaration under penalty of perjury may substitute for a sworn statement, though not for depositions or oaths of office (28 U.S.C. § 1746).

A legal obligation to act, or not act, in a certain way. In negligence law, a person generally owes others a duty to use reasonable care, and breach of that duty causing harm can make the person liable. Other duties arise from contracts, statutes and relationships — for example, a fiduciary’s duties of loyalty and care to a beneficiary.

Dishonest or improper purpose, such as intentionally misleading someone, acting with a motive to harass or delay, or knowingly refusing to meet an obligation. In insurance law, for example, many states allow claims against insurers for bad-faith refusal to pay valid claims. Courts may also sanction bad-faith conduct in litigation.

Honesty of intention, without intent to defraud or take unfair advantage. Under the Uniform Commercial Code, “good faith” means honesty in fact and the observance of reasonable commercial standards of fair dealing (UCC § 1-201(b)(20)), and every contract or duty within the UCC imposes an obligation of good faith in its performance and enforcement (UCC § 1-304). Many rules also require parties to confer in good faith before asking the court to resolve a dispute.