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Connivance
Connivance is the act of conniving or conspiring, especially with the knowledge of and active or passive consent to wrongdoing or a twist in truth, to make something appear as something that it is not. A legal finding of connivance may be made when an accuser has assisted in the act about which they are complaining. In some legal jurisdictions, and for certain behaviors, it may prevent the accuser from prevailing. For example, if someone were to entice their spouse to commit adultery Adultery is extramarital sex that is considered objectionable on social, religious, moral, or legal grounds. Although the sexual activities that constitute adultery vary, as well as the social, religious, and legal consequences, the concept ..., they might be blocked (or estopped) from divorcing their spouse on grounds of that adultery. See ''Sargent v. Sargent'', Court of Chancery of New Jersey, 1920 (Held a man who had not taken active steps to prevent his wife's adultery was not entitl ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Adultery
Adultery is extramarital sex that is considered objectionable on social, religious, moral, or legal grounds. Although the sexual activities that constitute adultery vary, as well as the social, religious, and legal consequences, the concept exists in many cultures and shares some similarities in Judaism, Christianity and Islam. Adultery is viewed by many jurisdictions as offensive to public morals, undermining the marriage relationship. Historically, many cultures considered adultery a very serious crime, some subject to severe punishment, usually for the woman and sometimes for the man, with penalties including capital punishment, mutilation, or torture. Such punishments have gradually fallen into disfavor, especially in Western countries from the 19th century. In countries where adultery is still a criminal offense, punishments range from fines to caning and even capital punishment. Since the 20th century, criminal laws against adultery have become controversial, with m ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Estoppel
Estoppel is a judicial device whereby a court may prevent or "estop" a person from making assertions or from going back on their word. The person barred from doing so is said to be "estopped". Estoppel may prevent someone from bringing a particular claim. In common law legal systems, the legal doctrine of estoppel is based in both common law and equity. Estoppel is also a concept in international law. Types of estoppel There are many different types of estoppel, but the common thread between them is that a person is restrained from asserting a particular position in law where it would be inequitable to do so. By way of illustration: * If a landlord promises a tenant that he will not exercise his right to terminate a lease, and relying upon that promise the tenant spends money improving the premises, the doctrine of ''promissory estoppel'' may prevent the landlord from exercising a right to terminate, even though his promise might not otherwise have been legally binding as a co ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Collusive Lawsuit
A collusive lawsuit, collusive action or friendly suit is a lawsuit in which the parties to the suit have no actual quarrel with one another, but one sues the other to achieve some result desired by both. Advantages The law condones this practice because there are several benefits to settling a lawsuit as opposed to settling a claim outside of a lawsuit. First, if one of the parties to the claim is a minor, they usually cannot settle the claim without the appointment of a guardian ''ad litem'' to review and accept the settlement. Once the suit is filed, and the settlement is reviewed by the ad litem who considers the best interest of the child, the parties can then file a joint motion for the court to render judgment, which would then be binding on all parties regardless of their minority. When there is a judgment, the parties also gain the defense of ''res judicata'' if sued again on the same topic. US federal law Friendly suits are generally not within the jurisdiction of ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Fruit Of The Poisonous Tree
Fruit of the poisonous tree is a legal metaphor used to describe evidence that is obtained illegally. The logic of the terminology is that if the source (the "tree") of the evidence or evidence itself is tainted, then anything gained (the "fruit") from it is tainted as well. United States The doctrine underlying the name was first described in '' Silverthorne Lumber Co. v. United States'', 251 U.S. 385 (1920). The term's first use was by Justice Felix Frankfurter in '' Nardone v. United States'' (1939). Such evidence is not generally admissible in court. For example, suppose a police officer obtained a key to a train station locker in the process of conducting a search of a home that was unconstitutional on the grounds that it violated the Fourth Amendment. Any evidence of a crime that came from that locker would most likely be excluded under the "fruit of the poisonous tree" legal doctrine. The testimony of a witness who is discovered through illegal means would not necessari ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Hypocrisy
Hypocrisy is the practice of feigning to be what one is not or to believe what one does not. The word "hypocrisy" entered the English language ''c.'' 1200 with the meaning "the sin of pretending to virtue or goodness". Today, "hypocrisy" often refers to advocating behaviors that one does not practice. However, the term can also refer to other forms of pretense, such as engaging in pious or moral behaviors out of a desire for praise rather than out of genuinely pious or moral motivations. Definitions of hypocrisy vary. In moral psychology, it is the failure to follow one's own expressed moral rules and principles. According to British political philosopher David Runciman, "other kinds of hypocritical deception include claims to knowledge that one lacks, claims to a consistency that one cannot sustain, claims to a loyalty that one does not possess, claims to an identity that one does not hold". American political journalist Michael Gerson says that political hypocrisy is "th ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
