Empty. have no binding effect or legal force; zero. Opposition procedure. Legal proceedings involving parties with conflicting interests, where one of the parties requests an appeal and the other is against it. No one. Usually a human being. Legally, a “person” can legally include a corporation, partnership, trustee, legal representative, etc. Contract. A legally enforceable agreement between two or more competent parties, concluded orally or in writing.
Admissible evidence. Evidence that can be presented legally and correctly in civil or criminal proceedings. Complaint. In the legal sense, the document that an applicant submits to the court that contains allegations and damages claimed. A complaint usually triggers a lawsuit. Action. In the legal sense, a formal complaint or a lawsuit before a court. N.
act on the basis of the statement of facts, allegations or promises alleged by someone else. If someone takes certain steps in contracts (“change of position” is the usual legal language) based on the other`s statement, claim or promise, then the person on whom the actor relied is entitled to claim that there is a contract that he/she can perform. However, trust must be adequate. Continuation. Postponement of a court case to a later date. Refute. Refute, reject or eliminate the effect of an argument or hypothesis in a court case. Dicta. Plural of “obiter dictum”. A judge`s remark in a legal opinion that is not relevant to the decision and does not set a precedent. Heading. The header of a legal document that lists the parties, the court, the case number and related information.
Guard. A person who is legally responsible for the care and management of the person or property of an incompetent person or minor. Breach of contract. Failure, without legal excuse, to fulfill all or part of the promises made in a contract. Answer. In a civil case, the defendant`s written response to the plaintiff`s complaint. It must be submitted within a certain period of time, and it gives or denies the factual or legal basis for liability (more generally). Normally, a defendant has 30 days to file a response after receiving the plaintiff`s complaint.
In some courts, a response is simply called a “response.” Jurisdiction. The legal right by which judges exercise their authority. Judgement. An official decision of a court that resolves problems in a court case and determines the rights and obligations of the parties. See also Decree, Decree. Causality. The act by which an effect is created. See also “legal cause” and “immediate cause”. Declaration. Judicial decision on the rights of the parties to a legal dispute in order to clarify the legal positions of the parties.
Laws of survival. Legal law that provides that an action continues after the death of a person involved in the action. In Commonwealth countries such as Australia and Canada, the Carltona Doctrine is the fundamental legal principle that governs when a minister may act on behalf of or on behalf of a government department. [2] [3] In Roman law. He who has acted for another; the one who was looking after someone else`s business; a manager or agent. A slave who took care of his master`s business, did business or business, received and paid money, and kept accounts. Burrill. An applicant or complainant.
In a civil or private lawsuit, the plaintiff was often referred to by the Romans as an “educator”; in a public action (causa publico), he was referred to as a “prosecutor”. The defendant was called “Reus” for both private and public reasons; However, according to Cicero {De Orat. ii. 43,), this term could refer to any part, as we could indeed deduce from the word itself. In a private trial, the defendant was often described as an “adversary,” but each party could be called that. The term is also used by a party that initially bears the burden of proof or groups the initiative into the lawsuit. In the old European law. A supervisor, lawyer or plea; the one who acted for another in legal matters; the one who represented a party and managed its cause. A lawyer, a bailiff or an administrator; one who managed or acted for another. The Scottish “maker” is the literal translation.
Fraud. False and misleading statements of fact intended to induce another person to rely on something of value that he or she possesses or a legal right to which he or she is entitled. Legal fiction. Acceptance of a fact, which may or may not be true, by a judge to decide a legal question. Arbitration. A mini-trial that can be held instead of a court case and conducted by a single person or a panel of three people who are not judges. Arbitrators are usually former judges or experienced lawyers. In general, arbitration is more cost-effective and faster than jury trials. Arbitral awards may be converted into a judgment of a court upon application to the court, unless a party has protested against the existence of gross injustice, collusion or fraud. Place. Overall, the geographic area in which a court has the power to hear a case because it has personal and material jurisdiction. The location is usually the same place where the incident that led to the trial occurred.
A change of venue may occur when negative publicity or other factors would make it difficult to find impartial judges. Legal reason. Essential factor in the cause of the damage. See also immediate cause. Decree. Statement of the court announcing the legal consequences of the established facts. See also Order, Judgment. Ranking. Send or give a document to an employer or government agency as part of a legal proceeding. The filing date is the date on which the document was received.
To have to. In cases of negligence, a “duty” is a duty to comply with a particular standard of care. In the event of non-compliance, there is a risk that the actor will be liable to another to whom an obligation is owed, for damages caused by the other, for which the actor`s conduct is a legal cause. See the doctrine of the reasonable man. Layman. A layman; a non-expert. In law, a person who has not completed formal legal training. Fraser v. United States, the first case cited in the Black entry on “acting,” involves James G. Hill, the supervising architect of the Treasury Department. Hill had been suspended with payment while under investigation for fraud. Another person, John Fraser, was then appointed by the Secretary of the Treasury to take over and carry out the duties of Hill`s office as an “acting” supervising architect.
Officially, Fraser was only a contractor who had been hired to oversee the construction of a building for the Bureau of Engraving and Printing. When Hill returned to his position about five and a half months later, Fraser tried to get paid for the time he had spent as an acting supervising architect, seeking to differentiate between that office`s salary and his much lower salary as a contract architect for the Treasury Department.