Legal Definitions - degree

In a legal context, the term degree can have several distinct meanings, often referring to a level, classification, stage, or measure within a legal framework.

• 1. A Classification or Specification: This refers to a category or level used to classify or specify something within a legal system.

  • Example 1: In a civil lawsuit, a judge might instruct a jury on the different degrees of proof required for various claims. For instance, proving negligence might require a "preponderance of the evidence," while proving fraud might demand a "clear and convincing" degree of proof, which is a higher standard.

    Explanation: Here, "degree" refers to the specific standard or level of evidence needed to establish a fact in court.

  • Example 2: Environmental regulations often specify different degrees of pollution that are permissible for various industries, with stricter limits for certain types of waste or geographical areas.

    Explanation: This illustrates "degree" as a classification of acceptable or unacceptable levels of a particular condition.

• 2. An Incremental Measure of Guilt, Negligence, or Seriousness of an Offense: This meaning indicates a ranking or level based on the severity of a crime or the extent of fault in a legal wrong.

  • Example 1: Many jurisdictions classify the crime of arson into different degrees, such as first-degree arson for intentionally burning an occupied building, and second-degree arson for burning an unoccupied structure with less severe intent. Each degree carries different penalties.

    Explanation: "Degree" here denotes a specific level of criminal offense, reflecting its seriousness and the associated legal consequences.

  • Example 2: In a car accident case, a jury might determine that one driver was responsible for a "high degree of negligence" due to reckless driving, while the other driver was only responsible for a "minor degree of negligence" due to a momentary lapse of attention.

    Explanation: This shows "degree" as a measure of the extent of fault or carelessness attributed to a party.

• 3. A Stage in a Process: This refers to a step or phase within a sequence of events or development.

  • Example 1: Before becoming law, a proposed bill typically goes through several degrees of legislative review, including committee hearings, floor debates, and votes in both houses of the legislature.

    Explanation: "Degree" in this context signifies a distinct stage or step in the legislative process.

  • Example 2: A complex legal dispute might involve multiple degrees of appeal, starting from a trial court, then moving to an intermediate appellate court, and potentially culminating in a state supreme court.

    Explanation: This illustrates "degree" as a sequential stage in the judicial review process.

• 4. A Stage in Intensity: This meaning refers to a level indicating the extent or intensity of a quality or characteristic.

  • Example 1: A lawyer preparing for a complex corporate merger must demonstrate a "high degree of legal skill" to navigate intricate regulations and negotiate favorable terms for their client.

    Explanation: Here, "degree" describes the level or extent of a particular professional quality—legal skill—that is required.

  • Example 2: A contract might specify that a party must perform their obligations with a "reasonable degree of care and diligence," meaning they must meet an expected standard of effort and attention.

    Explanation: This use of "degree" quantifies the expected level of effort or attention in fulfilling a contractual duty.

• 5. In the Line of Descent, a Measure of Removal Determining the Proximity of a Blood or Marital Relationship: This legal meaning is used primarily in inheritance law and family law to determine how closely related individuals are, typically by counting generations to a common ancestor.

  • Example 1 (General Degree of Relationship): If a person dies without a will, the law often dictates that their estate passes to their closest living relatives. A person's grandchild is typically considered to be in the second degree of relationship, while a great-grandchild would be in the third degree.

    Explanation: "Degree" here measures the genealogical distance from the deceased, which is crucial for determining who inherits.

  • Example 2 (Equal Degree): If a person passes away without a will and is survived by both a niece and a nephew, both individuals are considered to be in an equal degree of relationship to the deceased (second degree, as they are both children of the deceased's sibling). This means they would typically share equally in the inheritance.

    Explanation: "Equal degree" indicates that multiple relatives are the same genealogical distance from the deceased, often leading to equal inheritance rights.

  • Example 3 (Prohibited Degree): Many states have laws that forbid marriage between individuals who are too closely related, such as a parent and child or a brother and sister. These relationships fall within a prohibited degree, meaning marriage between them is legally invalid.

    Explanation: A "prohibited degree" refers to a relationship that is legally too close for marriage, based on genealogical distance.

• 6. A Title Conferred on a Graduate of a School, College, or University: This refers to an academic qualification awarded upon the successful completion of a course of study.

  • Example 1: After four years of intensive study, a student received her Bachelor of Arts degree in economics, which qualified her for entry-level positions in finance.

    Explanation: Here, "degree" is the formal academic title awarded by a university.

  • Example 2: To become a licensed attorney, an individual must first earn a Juris Doctor (J.D.) degree from an accredited law school and then pass the bar examination.

    Explanation: This illustrates "degree" as the essential academic credential required for entry into a specific profession.