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Deem (law)
Deem in law is used to treat something as if it were really something else or it has qualities it does not have. Deem has been traditionally considered to be a useful word when it is necessary to establish a legal fiction either positively by "deeming" something to be what it is not or negatively by "deeming" something not to be what it is. All other uses of the word should be avoided. Phrases like “if he deems fit”, “as he deems necessary”, or “nothing in this Act shall be deemed to...” are objectionable as unnecessary deviations from common language. "Thinks" or "considers" are preferable in the first two examples and "construed" or "interpreted" in the third. Examples In Article 10 of the Treaty of Taipei, the inhabitants of Taiwan and Penghu are ''deemed'' to be nationals of the Republic of China. On 27 May 1952, , who was the head of the and one of the participants of the negotiation of the drafting of the treaty, explained in the House of Councillors of Japan ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Black's Law Dictionary
''Black's Law Dictionary'' is the most frequently used legal dictionary in the United States. Henry Campbell Black (1860–1927) was the author of the first two editions of the dictionary. History The first edition was published in 1891 by West Publishing, with the full title ''A Dictionary of Law: containing definitions of the terms and phrases of American and English jurisprudence, ancient and modern, including the principal terms of international constitutional and commercial law, with a collection of legal maxims and numerous select titles from the civil law and other foreign systems''. A second edition was published in 1910 as ''A Law Dictionary''. Black died in 1927 and future editions were titled ''Black's Law Dictionary''. The sixth and earlier editions of the book additionally provided case citations for the term cited, which was viewed by lawyers as its most useful feature, providing a useful starting point with leading cases. The invention of the Internet made legal res ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Eagan, Minnesota
Eagan ( ) is a city in Dakota County, Minnesota. It is south of Saint Paul and lies on the south bank of the Minnesota River, upstream from the confluence with the Mississippi River. Eagan and the other nearby suburbs form the southern section of the Minneapolis–Saint Paul area. Eagan's population was 68,855 at the 2020 census. The city was home to the headquarters of Northwest Airlines (now Delta Air Lines). History Eagan was named for Patrick Eagan, who was the first chairman of the town board of supervisors. He farmed a parcel of land near the present-day town hall. Eagan (born 1811) and his wife Margaret Twohy (born 1816) emigrated from Tipperary, Ireland to Troy, New York, where they married in 1843. They arrived in Mendota ''circa'' 1853–54, before settling in the Eagan area. Eagan was settled as an Irish farming community and "Onion Capital of the United States". Its largest growth took place after Highway 77 was relocated and expanded and a six-lane bridge (with ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
West (publisher)
West (also known by its original name, West Publishing) is a business owned by Thomson Reuters that publishes legal, business, and regulatory information in print, and on electronic services such as Westlaw. Since the late 19th century, West has been one of the most prominent publishers of legal materials in the United States. Its headquarters is in Eagan, Minnesota; it also had an office in Rochester, New York, until it closed in 2019, and it had an office in Cleveland, Ohio, until it closed in 2010. Organizationally, West is part of the global legal division of Thomson Reuters. History West Publishing was founded by John Briggs West. In 1872, he went into business for himself as "John B. West, Publisher and Book Seller", reprinting legal treatises, publishing legal forms, and producing a much-appreciated index to the Minnesota statutes. He even arranged for a Swedish-language version of the state's rules of practice, for the state's many Scandinavian-born lawyers and judges. ... [...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] |
Treaty Of Taipei
The Sino-Japanese Peace Treaty (), formally the Treaty of Peace between the Republic of China and Japan () and commonly known as the Treaty of Taipei (), was a peace treaty between Japan and the Republic of China (ROC) signed in Taipei, Taiwan on 28 April 1952, and took effect on August 5 the same year, marking the formal end of the Second Sino-Japanese War (1937–45). Neither the Republic of China nor the People's Republic of China was invited to sign the San Francisco Peace Treaty due to disagreements by other countries as to which government was the legitimate government of China during and after the Chinese Civil War. Under pressure from the United States, Japan signed a separate peace treaty with the Republic of China to bring the war between the two states to a formal end with a victory for the ROC. Although the ROC itself was not a participant in the San Francisco Peace Conference due to the resumption of the Chinese Civil War after 1945, this treaty largely corresponds ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Taiwan
Taiwan, officially the Republic of China (ROC), is a country in East Asia, at the junction of the East and South China Seas in the northwestern Pacific Ocean, with the People's Republic of China (PRC) to the northwest, Japan to the northeast, and the Philippines to the south. The territories controlled by the ROC consist of 168 islands, with a combined area of . The main island of Taiwan, also known as ''Formosa'', has an area of , with mountain ranges dominating the eastern two-thirds and plains in the western third, where its highly urbanised population is concentrated. The capital, Taipei, forms along with New Taipei City and Keelung the largest metropolitan area of Taiwan. Other major cities include Taoyuan, Taichung, Tainan, and Kaohsiung. With around 23.9 million inhabitants, Taiwan is among the most densely populated countries in the world. Taiwan has been settled for at least 25,000 years. Ancestors of Taiwanese indigenous peoples settled the isla ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Penghu
The Penghu (, Hokkien POJ: ''Phîⁿ-ô͘'' or ''Phêⁿ-ô͘'' ) or Pescadores Islands are an archipelago of 90 islands and islets in the Taiwan Strait, located approximately west from the main island of Taiwan, covering an area of . The largest city is Magong, located on the largest island, which is also named Magong. The Penghu islands had its first historical record during the Tang dynasty and were inhabited by Chinese people by the Song dynasty, during which it was attached to Jinjiang County of Fujian. The archipelago was formally incorporated as an administrative unit of China under the jurisdiction of Tong'an County of Jiangzhe Province in 1281 during the Yuan dynasty. It continued to be controlled by Imperial China with brief European occupations, until it was ceded to the Japanese Empire in 1895. After World War II, Penghu has been governed by the Republic of China (ROC). Under the terms of Sino-American Mutual Defense Treaty and the subsequent Taiwan Re ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Republic Of China
Taiwan, officially the Republic of China (ROC), is a country in East Asia, at the junction of the East and South China Seas in the northwestern Pacific Ocean, with the People's Republic of China (PRC) to the northwest, Japan to the northeast, and the Philippines to the south. The territories controlled by the ROC consist of 168 islands, with a combined area of . The main island of Taiwan, also known as ''Formosa'', has an area of , with mountain ranges dominating the eastern two-thirds and plains in the western third, where its highly urbanised population is concentrated. The capital, Taipei, forms along with New Taipei City and Keelung the largest metropolitan area of Taiwan. Other major cities include Taoyuan, Taichung, Tainan, and Kaohsiung. With around 23.9 million inhabitants, Taiwan is among the most densely populated countries in the world. Taiwan has been settled for at least 25,000 years. Ancestors of Taiwanese indigenous peoples settled the island around 6,00 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
House Of Councillors (Japan)
The is the upper house of the National Diet of Japan. The House of Representatives is the lower house. The House of Councillors is the successor to the pre-war House of Peers. If the two houses disagree on matters of the budget, treaties, or designation of the prime minister, the House of Representatives can insist on its decision. In other decisions, the House of Representatives can override a vote of the House of Councillors only by a two-thirds majority of members present. The House of Councillors has 248 members who each serve six-year terms, two years longer than those of the House of Representatives. Councillors must be at least 30 years old, compared with 25 years old in the House of Representatives. The House of Councillors cannot be dissolved, and terms are staggered so that only half of its membership is up for election every three years. Of the 121 members subject to election each time, 73 are elected from 45 districts by single non-transferable vote (SNTV) an ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Treaty Of San Francisco
The , also called the , re-established peaceful relations between Japan and the Allied Powers on behalf of the United Nations by ending the legal state of war and providing for redress for hostile actions up to and including World War II. It was signed by 49 nations on 8 September 1951, in San Francisco, California, U.S. at the War Memorial Opera House. Italy and China were not invited, the latter due to disagreements on whether the Republic of China or the People's Republic of China represented the Chinese people. Korea was also not invited due to a similar disagreement on whether South Korea or North Korea represented the Korean people. The treaty came into force on 28 April 1952. It ended Japan's role as an imperial power, allocated compensation to Allied nations and former prisoners of war who had suffered Japanese war crimes during World War II, ended the Allied post-war occupation of Japan, and returned full sovereignty to it. This treaty relied heavily on the United Nati ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
De Jure
In law and government, ''de jure'' ( ; , "by law") describes practices that are legally recognized, regardless of whether the practice exists in reality. In contrast, ("in fact") describes situations that exist in reality, even if not legally recognized. Examples Between 1805 and 1914, the ruling dynasty of Egypt were subject to the rulers of the Ottoman Empire, but acted as de facto independent rulers who maintained a polite fiction of Ottoman suzerainty. However, starting from around 1882, the rulers had only de jure rule over Egypt, as it had by then become a British puppet state. Thus, by Ottoman law, Egypt was de jure a province of the Ottoman Empire, but de facto was part of the British Empire. In U.S. law, particularly after ''Brown v. Board of Education'' (1954), the difference between de facto segregation (segregation that existed because of the voluntary associations and neighborhoods) and de jure segregation (segregation that existed because of local laws that m ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
De Facto
''De facto'' ( ; , "in fact") describes practices that exist in reality, whether or not they are officially recognized by laws or other formal norms. It is commonly used to refer to what happens in practice, in contrast with ''de jure'' ("by law"), which refers to things that happen according to official law, regardless of whether the practice exists in reality. History In jurisprudence, it mainly means "practiced, but not necessarily defined by law" or "practiced or is valid, but not officially established". Basically, this expression is opposed to the concept of "de jure" (which means "as defined by law") when it comes to law, management or technology (such as standards) in the case of creation, development or application of "without" or "against" instructions, but in accordance with "with practice". When legal situations are discussed, "de jure" means "expressed by law", while "de facto" means action or what is practiced. Similar expressions: "essentially", "unofficial", "in ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
