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Legal Technicality
The term legal technicality is a casual or colloquial phrase referring to a technical aspect of law. The phrase is not a term of art in the law; it has no exact meaning, nor does it have a legal definition. It implies that strict adherence to the letter of the law has prevented the spirit of the law from being enforced. However, as a vague term, the definition of a technicality varies from person to person, and it is often simply used to denote any portion of the law that interferes with the outcome desired by the user of the term. Some legal technicalities govern legal procedure, enable or restrict access to courts, and/or enable or limit the discretion of a court in handing down judgment. These are aspects of procedural law. Other legal technicalities deal with aspects of substantive law, that is, aspects of the law that articulate specific criteria that a court uses to assess a party's compliance with or violation of, for example, one or more criminal laws or civil laws.In th ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Colloquial
Colloquialism (), also called colloquial language, everyday language or general parlance, is the linguistic style used for casual (informal) communication. It is the most common functional style of speech, the idiom normally employed in conversation and other informal contexts. Colloquialism is characterized by wide usage of interjections and other expressive devices; it makes use of non-specialist terminology, and has a rapidly changing lexicon. It can also be distinguished by its usage of formulations with incomplete logical and syntactic ordering. A specific instance of such language is termed a ''colloquialism''. The most common term used in dictionaries to label such an expression is ''colloquial''. Explanation Colloquialism or general parlance is distinct from formal speech or formal writing.colloquial. (n.d.) Dictionary.com Unabridged (v 1.1). Retrieved September 10, 2008, froDictionary.com/ref> It is the form of language that speakers typically use when they are rel ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Term Of Art
Jargon is the specialized terminology associated with a particular field or area of activity. Jargon is normally employed in a particular communicative context and may not be well understood outside that context. The context is usually a particular occupation (that is, a certain trade, profession, vernacular or academic field), but any ingroup can have jargon. The main trait that distinguishes jargon from the rest of a language is special vocabulary—including some words specific to it and often different senses or meanings of words, that outgroups would tend to take in another sense—therefore misunderstanding that communication attempt. Jargon is sometimes understood as a form of technical slang and then distinguished from the official terminology used in a particular field of activity. The terms ''jargon'', ''slang,'' and ''argot'' are not consistently differentiated in the literature; different authors interpret these concepts in varying ways. According to one definition, j ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Letter Of The Law
The letter of the law and the spirit of the law are two possible ways to regard rules, or laws. To obey the letter of the law is to follow the literal reading of the words of the law, whereas following the spirit of the law means enacting the intent behind the law. Although it is usual to follow both the letter and the spirit, the two are commonly referenced when they are in opposition. "Law" originally referred to legislative statute, but in the idiom may refer to any kind of rule. Intentionally following the letter of the law but not the spirit may be accomplished through exploiting technicalities, loopholes, and ambiguous language. Rules as written (RAW) versus rules as intended (RAI) is a similar expression originating from the tabletop role-playing game community. Legal research Violating the perceived intention of the law has been found to affect people's judgments of culpability above and beyond violations of the letter of the law such that (1) a person can violate ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Procedural Law
Procedural law, adjective law, in some jurisdictions referred to as remedial law, or rules of court, comprises the rules by which a court hears and determines what happens in civil, lawsuit, criminal or administrative proceedings. The rules are designed to ensure a fair and consistent application of due process (in the U.S.) or fundamental justice (in other common law countries) to all cases that come before a court. Substantive law, which refers to the actual claim and defense whose validity is tested through the procedures of procedural law, is different from procedural law. In the context of procedural law, procedural rights may also refer not exhaustively to rights to information, access to justice, and right to counsel, rights to public participation, right to confront accusers as well as the basic presumption of innocence (meaning the prosecution regularly must meet the burden of proof, though different jurisdictions have various exceptions), with those rights en ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Substantive Law
Substantive law is the set of laws that governs how members of a society are to behave.Substantive Law vs. Procedural Law: Definitions and Differences, Study.com/ref> It is contrasted with procedural law, which is the set of procedures for making, administering, and enforcing substantive law. Substantive law defines rights and responsibilities in civil law, and crimes and punishments in criminal law. It may be codified in statutes or exist through precedent in common law. Henry Sumner Maine Sir Henry James Sumner Maine, (15 August 1822 – 3 February 1888), was a British Whig comparative jurist and historian. He is famous for the thesis outlined in his book '' Ancient Law'' that law and society developed "from status to contract. ... said of early law, "So great is the ascendency of the Law of Actions in the infancy of Courts of Justice, that substantive law has at first the look of being gradually secreted in the interstices of procedure; and the early lawyer can only s ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Criminal Law
Criminal law is the body of law that relates to crime. It prescribes conduct perceived as threatening, harmful, or otherwise endangering to the property, health, safety, and moral welfare of people inclusive of one's self. Most criminal law is established by statute, which is to say that the laws are enacted by a legislature. Criminal law includes the punishment and rehabilitation of people who violate such laws. Criminal law varies according to jurisdiction, and differs from civil law, where emphasis is more on dispute resolution and victim compensation, rather than on punishment or rehabilitation. Criminal procedure is a formalized official activity that authenticates the fact of commission of a crime and authorizes punitive or rehabilitative treatment of the offender. History The first civilizations generally did not distinguish between civil law and criminal law. The first written codes of law were designed by the Sumerians. Around 2100–2050 BC Ur-Nammu, the N ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Civil Law (common Law)
Civil law is a major branch of the law. Glanville Williams. ''Learning the Law''. Eleventh Edition. Stevens. 1982. p. 2. In common law legal systems such as England and Wales and the United States, the term refers to non- criminal law. The law relating to civil wrongs and quasi-contracts is part of the civil law, as is law of property (other than property-related crimes, such as theft or vandalism). Civil law may, like criminal law, be divided into substantive law and procedural law. The rights and duties of persons (natural persons and legal persons) amongst themselves is the primary concern of civil law. It is often suggested that civil proceedings are taken for the purpose of obtaining compensation for injury, and may thus be distinguished from criminal proceedings, whose purpose is to inflict punishment. However, exemplary damages or punitive damages may be awarded in civil proceedings. It was also formerly possible for common informers to sue for a penalty in civil procee ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Legal Abuse
{{Commonscat Articles that pertain, directly or indirectly, to improper use of the legal system, or to abuse ''by'' the legal system, or to allegations thereof. Law by issue Legal ethics Practice of law Sociology of law Lawsuits Abuse ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Legal Fiction
A legal fiction is a fact assumed or created by courts, which is then used in order to help reach a decision or to apply a legal rule. The concept is used almost exclusively in common law jurisdictions, particularly in England and Wales. Development of the concept A legal fiction typically allows the court to ignore a fact that would prevent it from exercising its jurisdiction by simply assuming that the fact is different. In cases where the court must determine whether a standard has been reached, such as whether a defendant has been negligent, the court frequently uses the legal fiction of the "reasonable man". This is known as the "objective test", and is far more common than the "subjective test" where the court seeks the viewpoint of the parties (or "subjects"). Sometimes, the court may apply a "mixed test", as in the House of Lords' decision in ''DPP v Camplin'' 1978. Legal fictions are different from legal presumptions which assume a certain state of facts until th ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Letter And Spirit Of The Law
The letter of the law and the spirit of the law are two possible ways to regard rules, or laws. To obey the letter of the law is to follow the literal reading of the words of the law, whereas following the spirit of the law means enacting the intent behind the law. Although it is usual to follow both the letter and the spirit, the two are commonly referenced when they are in opposition. "Law" originally referred to legislative statute, but in the idiom may refer to any kind of rule. Intentionally following the letter of the law but not the spirit may be accomplished through exploiting technicalities, loopholes, and ambiguous language. Rules as written (RAW) versus rules as intended (RAI) is a similar expression originating from the tabletop role-playing game community. Legal research Violating the perceived intention of the law has been found to affect people's judgments of culpability above and beyond violations of the letter of the law such that (1) a person can violate ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Loophole
A loophole is an ambiguity or inadequacy in a system, such as a law or security, which can be used to circumvent or otherwise avoid the purpose, implied or explicitly stated, of the system. Originally, the word meant an arrowslit, a narrow vertical window in a wall through which an archer (or, later, gunman) could shoot. Loopholes were commonly used in U.S. forts built during the 1800s. Located in the sally port, a loophole was considered a last ditch defense, where guards could close off the inner and outer doors trapping enemy soldiers and using small arms fire through the slits. Loopholes are distinct from lacunae, although the two terms are often used interchangeably. In a loophole, a law addressing a certain issue exists, but can be legally circumvented due to a technical defect in the law, such as a situation where the details are under-specified. A lacuna, on the other hand, is a situation in which no law exists in the first place to address that particular issue. Use a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Informal Legal Terminology
Formal, formality, informal or informality imply the complying with, or not complying with, some set of requirements (forms, in Ancient Greek). They may refer to: Dress code and events * Formal wear, attire for formal events * Semi-formal attire, attire for semi-formal events * Informal attire, more controlled attire than casual but less than formal * Formal (university), official university dinner, ball or other event * School formal, official school dinner, ball or other event Logic and mathematics *Formal logic, or mathematical logic ** Informal logic, the complement, whose definition and scope is contentious *Formal fallacy, reasoning of invalid structure ** Informal fallacy, the complement *Informal mathematics, also called naïve mathematics *Formal cause, Aristotle's intrinsic, determining cause *Formal power series, a generalization of power series without requiring convergence, used in combinatorics *Formal calculation, a calculation which is systematic, but without a r ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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