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Controlling Law
Controlling law is a legal term used in contracts, trusts, or other legal documents. It refers to the laws of the state which will be relied upon in settling disputes, and is often stated as one of the provisions in an official agreement between two parties. The term is used most frequently in contracts formed between two parties that do not reside in the same state. In such an instance, the authoring party usually includes a clause asserting that any litigation - A lawsuit is a proceeding by a party or parties against another in the civil court of law. The archaic term "suit in law" is found in only a small number of laws still in effect today. The term "lawsuit" is used in reference to a civil actio ... that arises involving the contract must do so under the laws of the author's home state. Establishing which state will be the venue for litigation is an important part of any contract, and affects nearly every form of industry or commerce that transcends borders. For exam ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Legal Term
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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 mind ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Trusts
A trust is a legal relationship in which the holder of a right gives it to another person or entity who must keep and use it solely for another's benefit. In the Anglo-American common law, the party who entrusts the right is known as the "settlor", the party to whom the right is entrusted is known as the "trustee", the party for whose benefit the property is entrusted is known as the " beneficiary", and the entrusted property itself is known as the "corpus" or "trust property". A ''testamentary trust'' is created by a will and arises after the death of the settlor. An ''inter vivos trust'' is created during the settlor's lifetime by a trust instrument. A trust may be revocable or irrevocable; an irrevocable trust can be "broken" (revoked) only by a judicial proceeding. The trustee is the legal owner of the property in trust, as fiduciary for the beneficiary or beneficiaries who is/are the equitable owner(s) of the trust property. Trustees thus have a fiduciary duty to manage th ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Litigation
- A lawsuit is a proceeding by a party or parties against another in the civil court of law. The archaic term "suit in law" is found in only a small number of laws still in effect today. The term "lawsuit" is used in reference to a civil action brought by a plaintiff (a party who claims to have incurred loss as a result of a defendant's actions) requests a legal remedy or equitable remedy from a court. The defendant is required to respond to the plaintiff's complaint. If the plaintiff is successful, judgment is in the plaintiff's favor, and a variety of court orders may be issued to enforce a right, award damages, or impose a temporary or permanent injunction to prevent an act or compel an act. A declaratory judgment may be issued to prevent future legal disputes. A lawsuit may involve dispute resolution of private law issues between individuals, business entities or non-profit organizations. A lawsuit may also enable the state to be treated as if it were a private party i ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United States
The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country primarily located in North America. It consists of 50 states, a federal district, five major unincorporated territories, nine Minor Outlying Islands, and 326 Indian reservations. The United States is also in free association with three Pacific Island sovereign states: the Federated States of Micronesia, the Marshall Islands, and the Republic of Palau. It is the world's third-largest country by both land and total area. It shares land borders with Canada to its north and with Mexico to its south and has maritime borders with the Bahamas, Cuba, Russia, and other nations. With a population of over 333 million, it is the most populous country in the Americas and the third most populous in the world. The national capital of the United States is Washington, D.C. and its most populous city and principal financial center is New York City. Paleo-Americ ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Iowa
Iowa () is a state in the Midwestern region of the United States, bordered by the Mississippi River to the east and the Missouri River and Big Sioux River to the west. It is bordered by six states: Wisconsin to the northeast, Illinois to the east and southeast, Missouri to the south, Nebraska to the west, South Dakota to the northwest, and Minnesota to the north. During the 18th and early 19th centuries, Iowa was a part of French Louisiana and Spanish Louisiana; its state flag is patterned after the flag of France. After the Louisiana Purchase, people laid the foundation for an agriculture-based economy in the heart of the Corn Belt. In the latter half of the 20th century, Iowa's agricultural economy transitioned to a diversified economy of advanced manufacturing, processing, financial services, information technology, biotechnology, and green energy production. Iowa is the 26th most extensive in total area and the 31st most populous of the 50 U.S. states, with a populat ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Connecticut
Connecticut () is the southernmost state in the New England region of the Northeastern United States. It is bordered by Rhode Island to the east, Massachusetts to the north, New York to the west, and Long Island Sound to the south. Its capital is Hartford and its most populous city is Bridgeport. Historically the state is part of New England as well as the tri-state area with New York and New Jersey. The state is named for the Connecticut River which approximately bisects the state. The word "Connecticut" is derived from various anglicized spellings of "Quinnetuket”, a Mohegan-Pequot word for "long tidal river". Connecticut's first European settlers were Dutchmen who established a small, short-lived settlement called House of Hope in Hartford at the confluence of the Park and Connecticut Rivers. Half of Connecticut was initially claimed by the Dutch colony New Netherland, which included much of the land between the Connecticut and Delaware Rivers, although the firs ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
End User License Agreement
An end-user license agreement or EULA () is a legal contract between a software supplier and a customer or end-user, generally made available to the customer via a retailer acting as an intermediary. A EULA specifies in detail the rights and restrictions which apply to the use of the software. Form contracts for digital services (such as terms of service and privacy policies) were traditionally presented on paper (see shrink-wrap agreement) but are now often presented digitally via browsewrap or clickwrap formats. As the user may not see the agreement until after they have already purchased or engaged with the software, these documents may be contracts of adhesion. Software companies often make special agreements with large businesses and government entitles that include support contracts and specially drafted warranties. Many EULAs assert extensive liability limitations. Most commonly, an EULA will attempt to hold harmless the software licensor in the event that the software cau ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Forum Selection Clause
A forum selection clause (sometimes called a dispute resolution clause, choice of court clause, jurisdiction clause or an arbitration clause, depending upon its form) in a contract with a conflict of laws element allows the parties to agree that any disputes relating to that contract will be resolved in a specific forum. They usually operate in conjunction with a choice of law clause which determines the proper law of the relevant contract. There are three principal types of clause: * that all disputes must be litigated in a particular court in a jurisdiction agreed upon by the parties; * that disputes must be resolved pursuant to a dispute resolution process, such as mediation, arbitration, or a hearing before a special referee or expert determination; or * the clause might refer to a combination, requiring a specific process to be carried out in a specific location, and if that process fails to resolve the issue, for litigation to be conducted in a particular court. A simpl ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Choice Of Law Clause
A choice of law clause or proper law clause is a term of a contract in which the parties specify that any dispute arising under the contract shall be determined in accordance with the law of a particular jurisdiction. An example is "This Agreement shall be governed by, and construed in accordance with, the law of the State of New York." A choice of law clause may be combined with a forum selection clause. The combined clause would include the choice of law that is to govern any dispute arising under the agreement, and the choice of forum where disputes will be heard. Once implemented, a choice of law clause will generally be upheld by the court, so long as it is bona fide, legal, and not contrary to public policy. Explanation Choice of law clauses provide certainty about the law to be applied should a contractual dispute arise. As business transactions and contractual obligations may cross jurisdictional borders within a nation, as well as international borders, both physically ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
American Legal Terminology
American(s) may refer to: * American, something of, from, or related to the United States of America, commonly known as the "United States" or "America" ** Americans, citizens and nationals of the United States of America ** American ancestry, people who self-identify their ancestry as "American" ** American English, the set of varieties of the English language native to the United States ** Native Americans in the United States, indigenous peoples of the United States * American, something of, from, or related to the Americas, also known as "America" ** Indigenous peoples of the Americas * American (word), for analysis and history of the meanings in various contexts Organizations * American Airlines, U.S.-based airline headquartered in Fort Worth, Texas * American Athletic Conference, an American college athletic conference * American Recordings (record label), a record label previously known as Def American * American University, in Washington, D.C. Sports teams Soccer * B ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Civil Procedure Legal Terminology
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Civil may refer to: *Civic virtue, or civility *Civil action, or lawsuit * Civil affairs *Civil and political rights *Civil disobedience *Civil engineering *Civil (journalism), a platform for independent journalism *Civilian, someone not a member of armed forces *Civil law (other), multiple meanings *Civil liberties *Civil religion *Civil service *Civil society *Civil war *Civil (surname) Civil is a surname. Notable people with the surname include: *Alan Civil (1929–1989), British horn player *François Civil (born 1989), French actor * Gabrielle Civil, American performance artist *Karen Civil (born 1984), American social media an ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
