ex post facto law A retroactive law. E.g. a law that makes illegal an act that was not illegal when it was done. Ex turpi causa non oritur actio Jus tractatuum lex fori the law of the country in which an action is brought out onus probandi Burden of proof. ore tenus (evide...
Since you don’t need a marriage certificate for a common law marriage, it can be difficult to prove it exists. If a dispute arises, such as when filing taxes or claiming inheritance, you may need to provide substantial evidence to demonstrate your marital status. This can include testimonies...
Although it is accurate to describe the central method of the common law as a re- liance by courts on their own past cases as the primary source of the law, an important problem concerning control over the courts arises when judges themselves are allowed to determine the law without constant...
individual case dose not of course constitutes a system of law. But in any judicial system, rules of law arises sooner or later out of such decision of cases. Generalization contained in or built upon past decisions, when taken as normatives for future disputes, creat a legal system of ...
(Law) The right of taking a profit in the land of another, in common either with the owner or with other persons; – so called from the community of interest which arises between the claimant of the right and the owner of the soil, or between the claimants and other commoners entitled...
aThis provision is similar to many warranty provisions found in common law countries, with the notable exception that it does not use the terms warranty or guarantee. This is important, because the seller’s obligation (and the buyer’s right) arises —and can be waived — without the use...
8th. Pleas puis darrein continuance, when the matter of defence arises pending the suit. 6. The irregular or collateral parts of Pleading are stated to be, 1st. Demurrers to any art of the pleadings above mentioned. 2dly. Demurrers to evidence given at trials. 3dly. Bills of ...
aVicarious liability is a form of strict, secondary liability that arises under the common law doctrine of agency – respondeat superior – the responsibility of the superior for the acts of their subordinate, 代理的责任是出现在代办处之下严密,从属负债的形式- respondeat优胜者普通法教条-优胜者责任对...
When judges write opinions in common law cases they frequently seek to justify their decisions not merely by citing any relevant precedent or other authority but also by setting forth what we will call ‘substantive reasons’. Reasons of this kind incorporate moral, political, institutional, or oth...
we want to believe that successful people must be more talented or must have worked harder than their less-successful counterparts—at the very least they must have taken better advantage of their opportunities. Just as… common sense insists that the outcome arises from some intrinsic quality of...