(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...
A modern irony is that what we consider “common law marriage” today is not actually common law at all since it’s defined predominantly by statute. It is, rather, a version of a legally recognized marital contract that arises without the formal requirements of a license, witnesses, and off...
Used when the government brings a case that arises from the information conveyed to it by a third party ("relator"). condicio sine qua non A condition without which it could not be An indispensable and essential action, condition, or ingredient. stratum a covering, from neuter past participle...
For example, the problem arises whenever a witness is not fluent in English, as it often does when the common practice of a business or trade plays a role in litigation. And of course, whenever litigation involves scientific or technical issues, there is likely to be a distance between the...
Common Disaster A set of circumstances in which two individuals die apparently simultaneously. In a common disaster there is no certainty of who died first, an important issue that frequently arises in the determination of the inheritance of property or the distribution of proceeds of a life insura...
when dealing with statutory norms that are rather abstract in their formulation. It is tempting to consider this process to be not very different from the case law methodology of the common law. There is an important difference, however. The common lawyer derives the appropriate interpretation by...
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 ...
Where any inconsistency arises between the Award or theCommon Clausesand this Appendix, this Appendix shall prevail to the extent of the inconsistency. This Appendix will apply to all Rail Industry Works that is not covered by Appendix C.This Appendix applies in conjunction with theCommon Clauses...
The common law courts, however, have had to confront the issue of good faith when faced with commercial contracts where the parties themselves have included a clause that the parties should act in good faith in performing their contracts. In the next two sections, I will examine how the ...
The banker's common law contractual duty of confidentiality to clients has been well established for over 86 years. The four qualifications to the duty of confidentiality were crafted in 1924 in Tournier's Case when crime was viewed as a local phenomenon. The question arises as to whether and...