Legal Definitions - parols de ley

Parols de ley refers to specialized terms or phrases that have a precise and often unique meaning within the legal profession. These are "words of law" that carry specific legal weight and implications, which may differ significantly from their common, everyday usage. Understanding these technical terms is crucial for interpreting legal documents and discussions accurately.

• Example 1: Contract Law – "Consideration"

  Imagine a situation where two individuals agree: "I will paint your fence if you pay me $200." In everyday conversation, "consideration" might mean thoughtfulness or careful thought. However, in contract law, consideration is a parols de ley referring to something of value (like the $200 payment or the act of painting the fence) exchanged between parties, which is essential for a contract to be legally binding. A non-lawyer might not realize this specific legal meaning is required for a valid contract, thinking a simple agreement is enough.

• Example 2: Criminal Law – "Mens Rea"

  A news report states that a suspect was charged because they had the "mens rea" for the crime. To someone without legal training, this might sound like a complex medical condition or simply a fancy way of saying "intention." However, mens rea is a parols de ley in criminal law that specifically means the "guilty mind" or the mental state required for a crime to have been committed – such as intent, knowledge, recklessness, or negligence. This precise legal term distinguishes between accidental harm and harm committed with a culpable state of mind, which is vital for determining criminal responsibility.

• Example 3: Property Law – "Easement"

  A homeowner is reviewing documents for a new house and sees a mention of an "easement" on their property. They might assume it's just a minor detail or a right-of-way for a path. But easement is a parols de ley that grants a specific, non-possessory right to use another person's land for a particular purpose, such as utility lines, a shared driveway, or access to a public beach. This legal term has precise implications for property rights and limitations that an ordinary person might not fully grasp without legal explanation, potentially affecting their use and enjoyment of their land.