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Semble
''Semble'' is a legal term used when discussing published opinions. The word is the Norman ( and Modern) French verbal form for meaning "it seems or appears to be" or, more simply, "it seems".Harvey Cortlandt Voorhees (1911Concise Law Dictionary(revised edition; original compiled by Frederic Jesup Stimson) Little, Brown and Company, Boston at 311 Law The legal expression ''"semble"'' indicates that the point to which it refers is uncertain or represents only the judge's opinion. In a law report, the expression precedes a proposition of law which is an ''obiter dictum'' by the judge, or a suggestion by the reporter. For example, in the headnote for House of Lords' decision in ''Hedley Byrne v Heller'', the reporter uses the term ''semble'' when summarising certain remarks of Lords Reid, Morris, and Hodson on a point which did not arise for decision in the case; ''semble'' indicates that this may be the law, but it falls to a future case to decide authoritatively. In ''Simpkin ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Obiter Dictum
''Obiter dictum'' (usually used in the plural, ''obiter dicta'') is a Latin phrase meaning "other things said",''Black's Law Dictionary'', p. 967 (5th ed. 1979). that is, a remark in a legal opinion that is "said in passing" by any judge or arbitrator. It is a concept derived from English common law, whereby a judgment comprises only two elements: ''ratio decidendi'' and ''obiter dicta''. For the purposes of judicial precedent, ''ratio decidendi'' is binding, whereas ''obiter dicta'' are persuasive only. Significance A judicial statement can be ''ratio decidendi'' only if it refers to the crucial facts and law of the case. Statements that are not crucial, or which refer to hypothetical facts or to unrelated law issues, are ''obiter dicta''. ''Obiter dicta'' (often simply ''dicta'', or ''obiter'') are remarks or observations made by a judge that, although included in the body of the court's opinion, do not form a necessary part of the court's decision. In a court opinion, ''obiter ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Common Law
In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omnipresence in the sky, but the articulate voice of some sovereign or quasi sovereign that can be identified," ''Southern Pacific Company v. Jensen'', 244 U.S. 205, 222 (1917) (Oliver Wendell Holmes, dissenting). By the early 20th century, legal professionals had come to reject any idea of a higher or natural law, or a law above the law. The law arises through the act of a sovereign, whether that sovereign speaks through a legislature, executive, or judicial officer. The defining characteristic of common law is that it arises as precedent. Common law courts look to the past decisions of courts to synthesize the legal principles of past cases. '' Stare decisis'', the principle that cases should be decided according to consistent principled rules so ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Judicial Functions Of The House Of Lords
Whilst the House of Lords of the United Kingdom is the upper chamber of Parliament and has government ministers, it for many centuries had a judicial function. It functioned as a court of first instance for the trials of peers, for impeachments, and as a court of last resort in the United Kingdom and prior, the Kingdom of Great Britain and the Kingdom of England. Appeals were technically not to the House of Lords, but rather to the King-in-Parliament. In 1876, the Appellate Jurisdiction Act devolved the appellate functions of the House to an Appellate Committee, composed of Lords of Appeal in Ordinary (informally referred to as Law Lords). They were then appointed by the Lord Chancellor in the same manner as other judges. During the 20th and early 21st century, the judicial functions were gradually removed. Its final trial of a peer was in 1935, and in 1948, the use of special courts for such trials was abolished. The procedure of impeachment became seen as obsolete. In 2009, t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Published Opinion
Non-publication of legal opinions is the practice of a court issuing unpublished opinions. An unpublished opinion is a decision of a court that is not available for citation as precedent because the court deems the case to have insufficient precedential value. In the system of common law, each judicial decision becomes part of the body of law used in future decisions. However, some courts reserve certain decisions, leaving them "unpublished", and thus not available for citation in future cases. It has been argued that non-publication helps stem the problem of too much written material creating too little new law. Specifically, the number of federal appeals filed annually grew from 23,200 to 33,360 between 1980 and 1985, and 55,000 federal appeals were filed in 2000. Conversely, studies have shown how non-publication can distort the law. Selective publication is the legal process by which a judge or justices of a court decide whether or not a decision is to be published in a repor ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Norman Language
Norman or Norman French (, french: Normand, Guernésiais: , Jèrriais: ) is a Romance language which can be classified as one of the Oïl languages along with French, Picard and Walloon. The name "Norman French" is sometimes used to describe not only the Norman language, but also the administrative languages of ''Anglo-Norman'' and ''Law French'' used in England. For the most part, the written forms of Norman and modern French are mutually intelligible. This intelligibility was largely caused by the Norman language's planned adaptation to French orthography (writing). History When Norse Vikings from modern day Scandinavia arrived in Neustria, in the western part of the then Kingdom of the Franks, and settled the land that became known as Normandy, these North-Germanic–speaking people came to live among a local Gallo-Romance–speaking population. In time, the communities converged, so that ''Normandy'' continued to form the name of the region while the original Norse ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
French Language
French ( or ) is a Romance language of the Indo-European family. It descended from the Vulgar Latin of the Roman Empire, as did all Romance languages. French evolved from Gallo-Romance, the Latin spoken in Gaul, and more specifically in Northern Gaul. Its closest relatives are the other langues d'oïl—languages historically spoken in northern France and in southern Belgium, which French ( Francien) largely supplanted. French was also influenced by native Celtic languages of Northern Roman Gaul like Gallia Belgica and by the ( Germanic) Frankish language of the post-Roman Frankish invaders. Today, owing to France's past overseas expansion, there are numerous French-based creole languages, most notably Haitian Creole. A French-speaking person or nation may be referred to as Francophone in both English and French. French is an official language in 29 countries across multiple continents, most of which are members of the ''Organisation internationale de la Francophonie'' ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Headnote
A headnote is a brief summary of a particular point of law that is added to the text of a court decision to aid readers in locating discussion of a legal issue in an opinion. As the term implies, headnotes appear at the beginning of the published opinion. In 1906, the Supreme Court of the United States ruled in '' United States v. Detroit Timber & Lumber Co.'' that headnotes have no legal standing and therefore do not set precedent.'' United States v. Detroit Timber & Lumber Co.'', See also * Case law Case law, also used interchangeably with common law, is law that is based on precedents, that is the judicial decisions from previous cases, rather than law based on constitutions, statutes, or regulations. Case law uses the detailed facts of a l ... References Judicial legal terminology American legal terminology {{vocab-stub ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Hedley Byrne & Co Ltd V Heller & Partners Ltd
''Hedley Byrne & Co Ltd v Heller & Partners Ltd'' 964AC 465 is an English tort law case on economic loss in English tort law resulting from a negligent misstatement. Prior to the decision, the notion that a party may owe another a duty of care for statements made in reliance had been rejected, with the only remedy for such losses being in contract law. The House of Lords overruled the previous position, in recognising liability for pure economic loss not arising from a contractual relationship, applying to commercial negligence the principle of "assumption of responsibility". Facts Hedley Byrne were a firm of advertising agents. A customer, Easipower Ltd, put in a large order. Hedley Byrne wanted to check their financial position, and creditworthiness, and so asked their bank, to get a report from Easipower’s bank, Heller & Partners Ltd., who replied in a letter that was headed, "without responsibility on the part of this bank" ...Easipower is, "considered good for its o ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
All England Law Reports
The All England Law Reports (abbreviated in citations to All ER) are a long-running series of law reports covering cases from the court system in England and Wales. Established in 1936, the All England Law Reports are a commercially produced alternative to the "official" reports produced by the Incorporated Council of Law Reporting (under the title The Law Reports). The reports encompass judgments with headnotes and catchwords from the House of Lords, both divisions of the Court of Appeal and all divisions of the High Court. The series contains cross-references and hypertext links to both other ''All England'' cases and legislation cited in the Report. The All England reports are published by LexisNexis Butterworths LexisNexis is a part of the RELX corporation that sells data analytics products and various databases that are accessed through online portals, including portals for computer-assisted legal research (CALR), newspaper search, and consumer informa .... A second s ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
James Reid, Baron Reid
James Scott Cumberland Reid, Baron Reid, (30 July 1890 – 29 March 1975) was a Scottish Unionist politician and judge. His reputation is as one of the most outstanding judges of the 20th century. Life He was born on 30 July 1890 in Drem, East Lothian the son of James Reid a Solicitor of the Supreme Courts (SSC) and his wife, Kate Scott. Educated at Edinburgh Academy, he then studied law at Jesus College, Cambridge, graduating BA in 1910 and LLB in 1911. He was admitted as an advocate in 1914. He was commissioned into the 8th battalion Royal Scots in World War I and was seconded to the Machine Gun Corps in 1916, serving in Mesopotamia and reaching the rank of Major. He resigned his commission in 1921. He was appointed a King's Counsel in 1932. He was Member of Parliament (MP) for Stirling and Falkirk from October 1931 until his defeat in November 1935, and for Glasgow Hillhead from June 1937 until September 1948. He served as Solicitor General for Scotland from J ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Charles Hodson, Baron Hodson
Francis Lord Charlton Hodson, Baron Hodson, (17 September 1895 – 11 March 1984), also known as Charles Hodson, was a British judge who served as Lord of Appeal in Ordinary from 1960 to 1971. Biography Charles, as he was always known, was the son of Rev. Thomas Hodson, rector of Oddington, Gloucestershire, and Catherine Anne (''née'' Maskew), he was born in Cheltenham, Gloucestershire, and educated at Cheltenham College and Wadham College, Oxford. His university studies were interrupted by the First World War, during which he served with the 7th Battalion, Gloucestershire Regiment in Gallipoli and Mesopotamia, being wounded several times. He received the Military Cross for his action during the Siege of Kut with the following citation: For conspicuous gallantry and devotion to duty. He led his company most gallantly against a strong enemy redoubt, being twice wounded, and refused to be brought in till the wounded round him had been evacuated. After the war, Hodson f ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Intention To Be Legally Bound
Intention to create legal relations, otherwise an "intention to be legally bound", is a doctrine used in contract law, particularly English contract law and related common law jurisdictions. The doctrine establishes whether a court should presume that parties to an agreement wish it to be enforceable at law, and it states that an agreement is legally enforceable only if the parties are deemed to have intended it to be a binding contract. Identifying intention to create legal relations A contract is a legally binding agreement. Once an offer has been accepted, there is an agreement, but not necessarily a contract. The element that converts any agreement into a true contract is "intention to create legal relations". There must be evidence that the parties intended the agreement to be subject to the law of contract. If evidence of intent is found, the agreement gives rise to legal obligations whereby any party in breach may be sued. In English law, there are two judicial devices to h ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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