General (not jurisdiction-specific)

A document issued by a state agency, usually the motor vehicle department, that identifies the owner of a vehicle (or other titled property such as a boat or manufactured home) and any lienholder. Under UCC § 9-311(a)(2), a security interest in goods covered by a state certificate-of-title statute is generally perfected by noting it on the title under that statute, rather than by filing a financing statement.

A document the manufacturer issues for a new vehicle that identifies the vehicle and transfers it to the first dealer. The dealer assigns it to the first retail buyer, and it is generally surrendered to the state titling agency to obtain the first certificate of title. Also called a manufacturer’s statement of origin (MSO or MCO). Requirements are set by each state’s vehicle title laws. Once the state issues a certificate of title, that title is the document the state uses to record ownership and liens.

Latin for “the body of the crime.” The principle that the prosecution must prove a crime actually occurred — generally that the injury or loss happened and was caused by someone’s criminal act — and, in most jurisdictions, that a conviction cannot rest on a defendant’s uncorroborated confession alone. In federal court, the Supreme Court has required substantial independent evidence tending to establish a confession’s trustworthiness (Opper v. United States, 348 U.S. 84 (1954)). It does not mean a physical body.

Latin for “guilty mind.” The mental state the prosecution must prove for a crime, along with the criminal act. The Model Penal Code (§ 2.02) uses four levels of culpability: purposely, knowingly, recklessly and negligently. Requirements vary by offense; when a statute is silent, courts often imply one, and strict-liability offenses require none.

The state of mind of a person who acts for the purpose of causing a result, or who knows the result is substantially certain to follow. Tort law uses this definition (Restatement (Third) of Torts § 1). In criminal law, intent is one kind of mens rea, and statutes may require purpose or knowledge. In contract law, intent is usually judged objectively, by what the parties said and did rather than by unexpressed thoughts.

A promise or set of promises the law will enforce or recognize as a duty (Restatement (Second) of Contracts § 1). A contract generally requires offer, acceptance, consideration, capacity and a lawful purpose. Contracts for the sale of goods are governed by Article 2 of the Uniform Commercial Code as enacted in every state but Louisiana, and some contracts must be in writing under a state’s statute of frauds.

A manifestation of mutual assent by two or more persons (Restatement (Second) of Contracts § 3). Under the Uniform Commercial Code, “agreement” means the bargain of the parties in fact, as found in their language or inferred from other circumstances such as course of performance, course of dealing or usage of trade (UCC § 1-201(b)(3)). Every contract is an agreement, but not every agreement is an enforceable contract.

Latin for “to stand by things decided.” The doctrine that courts follow precedent. Lower courts must follow the decisions of higher courts in the same system (vertical stare decisis), and courts generally follow their own earlier decisions (horizontal stare decisis), though a court of last resort may overrule its own precedent.

Latin for “the state in which.” The existing state of affairs. In injunction practice, the purpose of a preliminary injunction is usually described as preserving the relative positions of the parties until a trial on the merits can be held (University of Texas v. Camenisch, 451 U.S. 390, 395 (1981)).

Latin for “thing.” The property or subject matter that is the object of a legal proceeding or arrangement. For example, a court has in rem jurisdiction over a res located within its territory, and in trust law the trust res is the property held in the trust (also called the corpus).