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Black Letter Law
In common law legal systems, black letter laws are the well-established legal rules that are no longer subject to reasonable dispute. Some examples are the "black-letter law" that the formation of a contract requires consideration, or the "black-letter law" that the registration of a trademark requires established use in the course of trade. Black-letter law can be contrasted with legal theory or unsettled legal issues. History and etymology In an 1831 case in the U.S. Supreme Court, ''Jackson ex dem. Bradstreet v. Huntington'', the phrase "black letter" was used: "It is seldom that a case in our time savours so much of the black letter; but the course of decisions in New York renders it unavoidable...".''Jackson ex dem. Bradstreet v. Huntington'', 30 U.S. 402, 434 (1831). The phrase "black-letter law" was used in the Pennsylvania Supreme Court case ''Naglee v. Ingersoll,'' 7 Pa. 185 (1847). The phrase does not come from association with Black's Law Dictionary, which was first pu ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
L Old London
L, or l, is the twelfth letter in the Latin alphabet, used in the modern English alphabet, the alphabets of other western European languages and others worldwide. Its name in English is ''el'' (pronounced ), plural ''els''. History Lamedh may have come from a pictogram of an ox goad or cattle prod. Some have suggested a shepherd's staff. Use in writing systems Phonetic and phonemic transcription In phonetic and phonemic transcription, the International Phonetic Alphabet uses to represent the lateral alveolar approximant. English In English orthography, usually represents the phoneme , which can have several sound values, depending on the speaker's accent, and whether it occurs before or after a vowel. The alveolar lateral approximant (the sound represented in IPA by lowercase ) occurs before a vowel, as in ''lip'' or ''blend'', while the velarized alveolar lateral approximant (IPA ) occurs in ''bell'' and ''milk''. This velarization does not occur in many European lang ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Precedent
A precedent is a principle or rule established in a previous legal case that is either binding on or persuasive for a court or other tribunal when deciding subsequent cases with similar issues or facts. Common-law legal systems place great value on deciding cases according to consistent principled rules, so that similar facts will yield similar and predictable outcomes, and observance of precedent is the mechanism by which that goal is attained. The principle by which judges are bound to precedents is known as ''stare decisis'' (a Latin phrase with the literal meaning of "to stand in the-things-that-have-been-decided"). Common-law precedent is a third kind of law, on equal footing with statutory law (that is, statutes and codes enacted by legislative bodies) and subordinate legislation (that is, regulations promulgated by executive branch agencies, in the form of delegated legislation) in UK parlance – or regulatory law (in US parlance). Case law, in common-law jurisdictions, ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Legal English
Legal English is the type of English as used in legal writing. In general, a legal language is a formalized language based on logic rules which differs from the ordinary natural language in vocabulary, morphology, syntax, and semantics, as well as other linguistic features, aimed to achieve consistency, validity, completeness and soundness, while keeping the benefits of a human-like language such as intuitive execution, complete meaning, and open upgrade. However, Legal English has been referred to as a "sublanguage", as Legal English differs from ordinary English. A specialized use of certain terms and linguistic patterns governs the teaching of legal language. Thus, "we study legal language as a kind of second language, a specialized use of vocabulary, phrases, and syntax that helps us to communicate more easily with each other". The term legal ese, on the other hand, is a term associated with a traditional style of legal writing that is part of this specialized discourse of l ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Authoritative
In the fields of sociology and political science, authority is the legitimate power of a person or group over other people. In a civil state, ''authority'' is practiced in ways such a judicial branch or an executive branch of government.''The New Fontana Dictionary of Modern Thought'' Third Edition, Allan Bullock and Stephen Trombley, Eds. p. 115. In the exercise of governance, the terms ''authority'' and ''power'' are inaccurate synonyms. The term ''authority'' identifies the political legitimacy, which grants and justifies the ruler's right to exercise the power of government; and the term ''power'' identifies the ability to accomplish an authorized goal, either by compliance or by obedience; hence, ''authority'' is the ''power'' to make decisions and the legitimacy to make such legal decisions and order their execution. History Ancient understandings of authority trace back to Rome and draw later from Catholic (Thomistic) thought and other traditional understandings. In mor ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Treatise
A treatise is a formal and systematic written discourse on some subject, generally longer and treating it in greater depth than an essay, and more concerned with investigating or exposing the principles of the subject and its conclusions."Treatise." Merriam-Webster Online Dictionary. Accessed September 12, 2020. A monograph is a treatise on a specialized topic. Etymology The word 'treatise' first appeared in the fourteenth century as the Medieval English word ''tretis'', which evolved from the Medieval Latin ''tractatus'' and the Latin ''tractare'', meaning to treat or to handle. Historically significant treatises Table The works presented here have been identified as influential by scholars on the development of human civilization. Discussion of select examples Euclid's ''Elements'' Euclid's ''Elements'' has appeared in more editions than any other books except the ''Bible'' and is one of the most important mathematical treatises ever. It has been translated to numer ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Hornbook Law
In United States legal education, hornbooks are one-volume legal treatises, written primarily for law students on subjects typically covered by law school courses. Hornbooks summarize and explain the law in a specific area. They are distinct from casebooks, which are collections of cases (or parts of cases) chosen to help illustrate and stimulate discussion about legal issues. The term derives from the hornbook, an early children's educational tool, implying that the material is basic. A hornbook law is a basic, settled legal principle (see black letter law). See also * ''Black's Law Dictionary'' * ''Bouvier's Law Dictionary'' * Law dictionary * Legal terminology textbook * List of legal abbreviations * Wex Wex is a collaboratively-edited legal dictionary and encyclopaedia, intended for broad use by "practically everyone, even law students and lawyers entering new areas of law". It is sponsored and hosted by the Legal Information Institute ("LII ... References {{reflist ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Territories Of Canada
Within the geographical areas of Canada, the ten provinces and three territories are sub-national administrative divisions under the jurisdiction of the Canadian Constitution. In the 1867 Canadian Confederation, three provinces of British North America—New Brunswick, Nova Scotia, and the Province of Canada (which upon Confederation was divided into Ontario and Quebec)—united to form a federation, becoming a fully independent country over the next century. Over its history, Canada's international borders have changed several times as it has added territories and provinces, making it the world's second-largest country by area. The major difference between a Canadian province and a territory is that provinces receive their power and authority from the ''Constitution Act, 1867'' (formerly called the ''British North America Act, 1867''), whereas territorial governments are creatures of statute with powers delegated to them by the Parliament of Canada. The powers flowing from th ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Provinces
A province is almost always an administrative division within a country or state. The term derives from the ancient Roman ''provincia'', which was the major territorial and administrative unit of the Roman Empire's territorial possessions outside Italy. The term ''province'' has since been adopted by many countries. In some countries with no actual provinces, "the provinces" is a metaphorical term meaning "outside the capital city". While some provinces were produced artificially by colonial powers, others were formed around local groups with their own ethnic identities. Many have their own powers independent of central or federal authority, especially in Canada and Pakistan. In other countries, like China or France, provinces are the creation of central government, with very little autonomy. Etymology The English word ''province'' is attested since about 1330 and derives from the 13th-century Old French , which itself comes from the Latin word , which referred to the sphere o ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Majority Of Judges
In law, a majority opinion is a judicial opinion agreed to by more than half of the members of a court. A majority opinion sets forth the decision of the court and an explanation of the rationale behind the court's decision. Not all cases have a majority opinion. At times, the justices voting for a majority decision (e.g., to affirm or reverse the lower court's decision) may have drastically different reasons for their votes, and cannot agree on the same set of reasons. In that situation, several concurring opinions may be written, none of which is the view of a majority of the members of the court. Therefore, the concurring opinion joined by the greatest number of judges is referred to as the plurality opinion. Normally, appellate courts (or panels) are staffed with an odd number of judges to avoid a tie. Sometimes, and in some jurisdictions, when judicial positions are vacant or a judge has recused themselves from the case, the court may be stuck with a tie, in which case the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Principles Of Law
A legal doctrine is a framework, set of rules, procedural steps, or test, often established through precedent in the common law, through which judgments can be determined in a given legal case. A doctrine comes about when a judge makes a ruling where a process is outlined and applied, and allows for it to be equally applied to like cases. When enough judges make use of the process, it may become established as the ''de facto'' method of deciding like situations. Examples Examples of legal doctrines include: See also * Constitutionalism * Constitutional economics * Concept * Rule according to higher law * Legal fiction * Legal precedent * ''Ex aequo et bono'' References External links * *Pierre Schlag and Amy J. Griffin, "How to do Things with Legal Doctrine" (University of Chicago Press 2020) * Emerson H. Tiller and Frank B. Cross,What is Legal Doctrine?" ''Northwestern University Law Review The ''Northwestern University Law Review'' is a law review and student orga ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Colonial England
Colonial or The Colonial may refer to: * Colonial, of, relating to, or characteristic of a colony or colony (biology) Architecture * American colonial architecture * French Colonial * Spanish Colonial architecture Automobiles * Colonial (1920 automobile), the first American automobile with four-wheel brakes * Colonial (Shaw automobile), a rebranded Shaw sold from 1921 until 1922 * Colonial (1921 automobile), a car from Boston which was sold from 1921 until 1922 Places * The Colonial (Indianapolis, Indiana) * The Colonial (Mansfield, Ohio), a National Register of Historic Places listing in Richland County, Ohio * Ciudad Colonial (Santo Domingo), a historic central neighborhood of Santo Domingo * Colonial Country Club (Memphis), a golf course in Tennessee * Colonial Country Club (Fort Worth), a golf course in Texas ** Fort Worth Invitational or The Colonial, a PGA golf tournament Trains * ''Colonial'' (PRR train), a Pennsylvania Railroad run between Washington, DC and New York C ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Monarchical State
A monarchy is a form of government in which a person, the monarch, is head of state for life or until abdication. The political legitimacy and authority of the monarch may vary from restricted and largely symbolic (constitutional monarchy), to fully autocratic (absolute monarchy), and can expand across the domains of the executive, legislative, and judicial. The succession of monarchs in many cases has been hereditical, often building dynastic periods. However, elective and self-proclaimed monarchies have also happened. Aristocrats, though not inherent to monarchies, often serve as the pool of persons to draw the monarch from and fill the constituting institutions (e.g. diet and court), giving many monarchies oligarchic elements. Monarchs can carry various titles such as emperor, empress, king, queen, raja, khan, tsar, sultan, shah, or pharaoh. Monarchies can form federations, personal unions and realms with vassals through personal association with the monarch, which is ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
