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Restatement Of Torts
In American jurisprudence, the ''Restatements of the Law'' are a set of treatises on legal subjects that seek to inform judges and lawyers about general principles of common law. There are now four series of ''Restatements'', all published by the American Law Institute, an organization of judges, legal academics, and practitioners founded in 1923. Connection with the rule of precedent Individual Restatement volumes are essentially compilations of case law, which are common law judge-made doctrines that develop gradually over time because of the principle of ''stare decisis'' (precedent). Although Restatements of the Law are not binding authority in and of themselves, they are highly persuasive because they are formulated over several years with extensive input from law professors, practicing attorneys, and judges. They are meant to reflect the consensus of the American legal community as to what the law is, and, in some cases, what it should become. As Harvard Law School describes ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
American Jurisprudence
''American Jurisprudence'' (second edition is cited as Am. Jur. 2d) is an encyclopedia of the United States law, published by West. It was originated by Lawyers Cooperative Publishing, which was subsequently acquired by the Thomson Corporation. The series is now in its second edition, launched in 1962. It is a staple of law libraries, and the current edition is over 140 volumes, updated with replacement volumes, annual pocket supplements, and a New Topic Service binder. The discussion has extensive research references to other Thomson West publications, including sister publications ''Am. Jur. Trials, Am. Jur. Proof of Facts, Am. Jur. Pleading and Practice Forms,'' and ''Am. Jur. Legal Forms.'' Before Thomson's acquisition of West Publishing, it was a competitor to Corpus Juris Secundum. ''Am. Jur.'' is available online through both Westlaw, and LexisNexis LexisNexis is a part of the RELX corporation that sells data analytics products and various databases that are accessed th ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Benjamin N
Benjamin ( he, ''Bīnyāmīn''; "Son of (the) right") blue letter bible: https://www.blueletterbible.org/lexicon/h3225/kjv/wlc/0-1/ H3225 - yāmîn - Strong's Hebrew Lexicon (kjv) was the last of the two sons of Jacob and Rachel (Jacob's thirteenth child and twelfth and youngest son) in Jewish, Christian and Islamic tradition. He was also the progenitor of the Israelite Tribe of Benjamin. Unlike Rachel's first son, Joseph, Benjamin was born in Canaan according to biblical narrative. In the Samaritan Pentateuch, Benjamin's name appears as "Binyamēm" (Samaritan Hebrew: , "son of days"). In the Quran, Benjamin is referred to as a righteous young child, who remained with Jacob when the older brothers plotted against Joseph. Later rabbinic traditions name him as one of four ancient Israelites who died without sin, the other three being Chileab, Jesse and Amram. Name The name is first mentioned in letters from King Sîn-kāšid of Uruk (1801–1771 BC), who called himself “K ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Security Interest
In finance, a security interest is a legal right granted by a debtor to a creditor over the debtor's property (usually referred to as the ''collateral'') which enables the creditor to have recourse to the property if the debtor defaults in making payment or otherwise performing the secured obligations. One of the most common examples of a security interest is a mortgage: a person borrows money from the bank to buy a house, and they grant a mortgage over the house so that if they default in repaying the loan, the bank can sell the house and apply the proceeds to the outstanding loan. Although most security interests are created by agreement between the parties, it is also possible for a security interest to arise by operation of law. For example, in many jurisdictions a mechanic who repairs a car benefits from a lien over the car for the cost of repairs. This lien arises by operation of law in the absence of any agreement between the parties. Most security interests are grant ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Restitution
The law of restitution is the law of gains-based recovery, in which a court orders the defendant to ''give up'' their gains to the claimant. It should be contrasted with the law of compensation, the law of loss-based recovery, in which a court orders the defendant to ''pay'' the claimant for their loss. Evolving Meaning '' American Jurisprudence'' 2d edition notes: Legal vs Equitable Remedy Restitution may be either a legal remedy or an equitable remedy, "depend ngupon the basis for the plaintiff's claim and the nature of the underlying remedies sought". Generally, restitution and equitable tracing is an equitable remedy when the money or property wrongfully in the possession of defendant is traceable (i.e., can be tied to "particular funds or property"). In such a case, restitution comes in the form of a constructive trust or equitable lien. Where the particular property at issue cannot be particularly identified, restitution is a legal remedy. This occurs, for examp ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Property
Property is a system of rights that gives people legal control of valuable things, and also refers to the valuable things themselves. Depending on the nature of the property, an owner of property may have the right to consume, alter, share, redefine, rent, mortgage, pawn, sell, exchange, transfer, give away or destroy it, or to exclude others from doing these things, as well as to perhaps abandon it; whereas regardless of the nature of the property, the owner thereof has the right to properly use it under the granted property rights. In economics and political economy, there are three broad forms of property: private property, public property, and collective property (also called cooperative property). Property that jointly belongs to more than one party may be possessed or controlled thereby in very similar or very distinct ways, whether simply or complexly, whether equally or unequally. However, there is an expectation that each party's will (rather discretion) w ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Judgments
Judgement (or US spelling judgment) is also known as ''adjudication'', which means the evaluation of evidence to make a decision. Judgement is also the ability to make considered decisions. The term has at least five distinct uses. Aristotle suggested we think of the ''opposite'' of different uses of a term, if one exists, to help determine if the uses are really different. Some opposites will be included here to help demonstrate that their uses are really distinct: * Informal – opinions expressed as facts. * Informal and psychological – used in reference to the quality of cognitive faculties and adjudicational capabilities of particular individuals, typically called ''wisdom'' or ''discernment''. The opposites are ''foolishness'' or ''indiscretion''. * Formal - the mental act of affirming or denying one thing of another through comparison. Judgements are communicated to others using agreed-upon ''terms'' in the form of words or algebraic symbols as meanings to form ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Contracts
A contract is a legally enforceable agreement between two or more parties that creates, defines, and governs mutual rights and obligations between them. A contract typically involves the transfer of goods, services, money, or a promise to transfer any of those at a future date. In the event of a breach of contract, the injured party may seek judicial remedies such as damages or rescission. Contract law, the field of the law of obligations concerned with contracts, is based on the principle that agreements must be honoured. Contract law, like other areas of private law, varies between jurisdictions. The various systems of contract law can broadly be split between common law jurisdictions, civil law jurisdictions, and mixed law jurisdictions which combine elements of both common and civil law. Common law jurisdictions typically require contracts to include consideration in order to be valid, whereas civil and most mixed law jurisdictions solely require a meeting of the mi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Conflict Of Laws In The United States
Conflict of laws in the United States is the field of procedural law dealing with choice of law rules when a legal action implicates the substantive laws of more than one jurisdiction and a court must determine which law is most appropriate to resolve the action. In the United States, the rules governing these matters have diverged from the traditional rules applied internationally. The outcome of this process may require a court in one jurisdiction to apply the law of a different jurisdiction. New approaches in the United States Until the 20th century, traditional choice of law rules were based on the principle that legal rights vest automatically at legally significant and ascertainable times and places. For example, a dispute regarding property would be decided by the law of the place the property was located. Disputes in tort would be decided by the place where the injury occurred. During the first half of the 20th century, the traditional conflict of laws approach came und ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Agency (law)
The law of agency is an area of commercial law dealing with a set of contractual, quasi-contractual and non-contractual fiduciary relationships that involve a person, called the agent, that is authorized to act on behalf of another (called the principal) to create legal relations with a third party. Succinctly, it may be referred to as the equal relationship between a principal and an agent whereby the principal, expressly or implicitly, authorizes the agent to work under their control and on their behalf. The agent is, thus, required to negotiate on behalf of the principal or bring them and third parties into contractual relationship. This branch of law separates and regulates the relationships between: * agents and principals (internal relationship), known as the principal-agent relationship; * agents and the third parties with whom they deal on their principals' behalf (external relationship); and * principals and the third parties when the agents deal. Concepts The reci ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Reification (fallacy)
Reification (also known as concretism, hypostatization, or the fallacy of misplaced concreteness) is a fallacy of ambiguity, when an abstraction (abstract belief or hypothetical construct) is treated as if it were a concrete real event or physical entity. In other words, it is the error of treating something that is not concrete, such as an idea, as a concrete thing. A common case of reification is the confusion of a model with reality: " the map is not the territory". Reification is part of normal usage of natural language (just like metonymy for instance), as well as of literature, where a reified abstraction is intended as a figure of speech, and actually understood as such. But the use of reification in logical reasoning or rhetoric is misleading and usually regarded as a fallacy. Etymology From Latin ''res'' ("thing") and -''fication'', a suffix related to ''facere'' ("to make"). Thus ''reification'' can be loosely translated as "thing-making"; the turning of something a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Lawrence M
Lawrence may refer to: Education Colleges and universities * Lawrence Technological University, a university in Southfield, Michigan, United States * Lawrence University, a liberal arts university in Appleton, Wisconsin, United States Preparatory & high schools * Lawrence Academy at Groton, a preparatory school in Groton, Massachusetts, United States * Lawrence College, Ghora Gali, a high school in Pakistan * Lawrence School, Lovedale, a high school in India * The Lawrence School, Sanawar, a high school in India Research laboratories * Lawrence Berkeley National Laboratory, United States * Lawrence Livermore National Laboratory, United States People * Lawrence (given name), including a list of people with the name * Lawrence (surname), including a list of people with the name * Lawrence (band), an American soul-pop group * Lawrence (judge royal) (died after 1180), Hungarian nobleman, Judge royal 1164–1172 * Lawrence (musician), Lawrence Hayward (born 1961), British ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Richard Posner
Richard Allen Posner (; born January 11, 1939) is an American jurist and legal scholar who served as a federal appellate judge on the U.S. Court of Appeals for the Seventh Circuit from 1981 to 2017. A senior lecturer at the University of Chicago Law School, Posner is a leading figure in the field of law and economics, and was identified by ''The Journal of Legal Studies'' as the most-cited legal scholar of the 20th century. He is widely considered to be one of the most influential legal scholars in the United States. Posner is known for his scholarly range and for writing on topics outside of his primary field, law. In his various writings and books, he has addressed animal rights, feminism, drug prohibition, same-sex marriage, Keynesian economics, and academic moral philosophy, among other subjects. Posner is the author of nearly 40 books on jurisprudence, economics, and several other topics, including ''Economic Analysis of Law'', ''The Economics of Justice'', ''The Pr ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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