|
Unclean Hands
Clean hands, sometimes called the clean hands doctrine, unclean hands doctrine, or dirty hands doctrine, is an equitable defense in which the defendant argues that the plaintiff is not entitled to obtain an equitable remedy because the plaintiff is acting unethically or has acted in bad faith with respect to the subject of the complaint—that is, with "unclean hands". The defendant has the burden of proof to show the plaintiff is not acting in good faith. The doctrine is often stated as "those seeking equity must do equity" or "equity must come with clean hands". This is a matter of protocol, characterised by A. P. Herbert in ''Uncommon Law'' by his fictional Judge Mildew saying (as Herbert says, "less elegantly"), "A dirty dog will not have justice by the court". A defendant's unclean hands can also be claimed and proven by the plaintiff to claim other equitable remedies and to prevent that defendant from asserting equitable affirmative defenses. In other words, 'unclean ha ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Equity (law)
Equity is a particular body of law that was developed in the English Court of Chancery. Its general purpose is to provide a remedy for situations where the law is not flexible enough for the usual court system to deliver a fair resolution to a case. The concept of equity is deeply intertwined with its historical origins in the common law system used in England. However, equity is in some ways a separate system from common law: it has its own established rules and principles, and was historically administered by separate courts, called " courts of equity" or "courts of chancery". Equity exists in domestic law, both in civil law and in common law systems, and in international law. The tradition of equity begins in antiquity with the writings of Aristotle (''epieikeia'') and with Roman law (''aequitas''). Later, in civil law systems, equity was integrated in the legal rules, while in common law systems it became an independent body of law. Equity in common law jurisdictions (gener ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Affirmative Defense
An affirmative defense to a civil lawsuit or criminal charge is a fact or set of facts other than those alleged by the plaintiff or prosecutor which, if proven by the defendant, defeats or mitigates the legal consequences of the defendant's otherwise unlawful conduct. In civil lawsuits, affirmative defenses include the statute of limitations, the statute of frauds, waiver, and other affirmative defenses such as, in the United States, those listed in Rule 8 (c) of the Federal Rules of Civil Procedure. In criminal prosecutions, examples of affirmative defenses are self defense, insanity, entrapment and the statute of limitations. Description In an affirmative defense, the defendant may concede that they committed the alleged acts, but they prove other facts which, under the law, either justify or excuse their otherwise wrongful actions, or otherwise overcomes the plaintiff's claim. In criminal law, an affirmative defense is sometimes called a justification or excuse defense. ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
English Legal Terminology
English usually refers to: * English language * English people English may also refer to: Peoples, culture, and language * ''English'', an adjective for something of, from, or related to England ** English national identity, an identity and common culture ** English language in England, a variant of the English language spoken in England * English languages (other) * English studies, the study of English language and literature * ''English'', an Amish term for non-Amish, regardless of ethnicity Individuals * English (surname), a list of notable people with the surname ''English'' * People with the given name ** English McConnell (1882–1928), Irish footballer ** English Fisher (1928–2011), American boxing coach ** English Gardner (b. 1992), American track and field sprinter Places United States * English, Indiana, a town * English, Kentucky, an unincorporated community * English, Brazoria County, Texas, an unincorporated community * Engli ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Tu Quoque
(; Latin , for "you also") is a discussion technique that intends to discredit the opponent's argument by attacking the opponent's own personal behavior and actions as being inconsistent with their argument, therefore accusing hypocrisy. This specious reasoning is a special type of attack. The cites John Cooke's 1614 stage play as the earliest use of the term in the English language. "Whataboutism" is one particularly well known modern instance of this technique. Form and explanation The (fallacious) argument follows the template (i.e. pattern): # Person A claims that statement is true. # Person B asserts that A's actions or past claims are inconsistent with the truth of claim . # Therefore, is false. As a specific example, consider the following scenario where Person A and Person B just left a store. #Person A: "You took that item without paying for it. What you did is morally wrong!" #*Here, is the statement: "Stealing from a store is morally wrong." Person A is ass ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Pot Calling The Kettle Black
"The pot calling the kettle black" is a proverbial idiom that may be of Spanish origin, of which English versions began to appear in the first half of the 17th century. It means a situation in which somebody accuses someone else of a fault which the accuser shares, and therefore is an example of psychological projection, or hypocrisy. Use of the expression to discredit or deflect a claim of wrongdoing by attacking the originator of the claim for their own similar behaviour (rather than acknowledging the guilt of both) is the ''tu quoque'' logical fallacy. Origin The earliest appearance of the idiom is in Thomas Shelton's 1620 translation of the Spanish novel ''Don Quixote''. The protagonist is growing increasingly restive under the criticisms of his servant Sancho Panza, one of which is that "You are like what is said that the frying-pan said to the kettle, 'Avant, black-browes'." The Spanish text at this point reads: (Said the pan to the pot, get out of there black-eyes). It is ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Laches (equity)
In common law legal systems, laches ( "latches", ; Law French: ''remissness'', ''dilatoriness'', from Old French ''laschesse'') is a lack of diligence and activity in making a legal claim, or moving forward with legal enforcement of a right, particularly in regard to equity. This means that it is an ''unreasonable'' delay that can be viewed as prejudicing the opposing party. When asserted in litigation, it is an equity defense, that is, a defense to a claim for an equitable remedy. The person invoking laches is asserting that an opposing party has "slept on its rights", and that, as a result of this delay, circumstances have changed, witnesses or evidence may have been lost or no longer available, etc., such that it is no longer a just resolution to grant the plaintiff's claim. Laches is associated with the maxim of equity, "Equity aids the vigilant", not those who sleep on their rights. Put another way, failure to assert one's rights in a timely manner can result in a claim be ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
In Pari Delicto
''In pari delicto (potior/melior est conditio possidentis)'', Latin for "in equal fault (better is the condition of the possessor)", is a legal term used to refer to two persons or entities who are equally at fault, whether the malfeasance in question is a crime or tort. The doctrine is subject to a number of exceptions, including that the plaintiff must be an active, voluntary participant in the wrongful conduct, the plaintiff's wrongdoing must be at least substantially equal to or greater than that of the defendant,James M. Fischer (2010)''Understanding Remedies, ''. the "adverse interest" exception, and the "innocent insider" exception. The doctrine The phrase is most commonly used by courts when relief is being denied to both parties in a civil action because of equal wrongdoing by both parties, or greater culpability on the part of the plaintiff. The phrase means, in essence, that if both parties are equally at fault or the plaintiff is at greater fault, the court will not inv ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Morton Salt Co
Morton may refer to: People * Morton (surname) * Morton (given name) Fictional * Morton Koopa, Jr., a character and boss in ''Super Mario Bros. 3'' * A character in the ''Charlie and Lola'' franchise * A character in the 2008 film '' Horton Hears a Who'' * Morton Slumber, a funeral director who assists the diamond smuggling ring in '' Diamonds Are Forever'' * Morton "Mort" Rainey, an author and the main character of the 2004 film ''Secret Window'' Places Canada * Rural Municipality of Morton, Manitoba, a former rural municipality * Morton, Ontario, a community in Rideau Lakes England * Morton, Carlisle, a place in Carlisle, Cumbria * Morton, Eden, Cumbria * Morton, Derbyshire * Morton, Gloucestershire * Morton, Isle of Wight * Morton, a village in Morton and Hanthorpe parish, Lincolnshire * Morton by Gainsborough, Lincolnshire * Morton Hall, Lincolnshire * Morton, Norfolk (or Morton on the Hill) * Morton, Nottinghamshire * Morton-on-Swale, North Yorkshire * Morton, Shr ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Maxims Of Equity
Maxims of equity are legal maxims that serve as a set of general principles or rules which are said to govern the way in which equity operates. They tend to illustrate the qualities of equity, in contrast to the common law, as a more flexible, responsive approach to the needs of the individual, inclined to take into account the parties' conduct and worthiness. They were developed by the English Court of Chancery and other courts that administer equity jurisdiction, including the law of trusts. Although the most fundamental and time honored of the maxims, listed on this page, are often referred to on their own as the 'maxims of equity' or 'the equitable maxims',The first equitable maxim is 'equity delights in equality' or equity is equality Like other kinds of legal maxims or principles, they were originally, and sometimes still are, expressed in Latin. Role of maxims Maxims of equity are not a rigid set of rules, but are, rather, general principles which can be derived from in spe ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Fourth Council Of The Lateran
The Fourth Council of the Lateran or Lateran IV was convoked by Pope Innocent III in April 1213 and opened at the Lateran Palace in Rome on 11 November 1215. Due to the great length of time between the Council's convocation and meeting, many bishops had the opportunity to attend what is considered by the Roman Catholic Church to have been the twelfth ecumenical council. Background Innocent III first mooted organizing an ecumenical council in November 1199. In his letter titled ''Vineam Domini'', dated 19 April 1213, the Pope writes of the urgent need to recover the Holy Land and reform the Church. The letter, which also served as a summons to an ecumenical council, was included alongside the Pope's papal bull ''Quia maior''. In preparing for the council, the Pope spearheaded the extensive refurbishment of the old St. Peter's Basilica, which he designated as the "centrepiece for display and decoration" during the council. The lunette of the main door leading to the tomb of St. ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Methuen Publishing
Methuen Publishing Ltd is an English publishing house. It was founded in 1889 by Sir Algernon Methuen (1856–1924) and began publishing in London in 1892. Initially Methuen mainly published non-fiction academic works, eventually diversifying to encourage female authors and later translated works. E. V. Lucas headed the firm from 1924 to 1938. Establishment In June 1889, as a sideline to teaching, Algernon Methuen began to publish and market his own textbooks under the label Methuen & Co. The company's first success came in 1892 with the publication of Rudyard Kipling's ''Barrack-Room Ballads''. Rapid growth came with works by Marie Corelli, Hilaire Belloc, Robert Louis Stevenson, and Oscar Wilde ('' De Profundis'', 1905) as well as Edgar Rice Burroughs’ ''Tarzan of the Apes''.Stevenson, page 59. In 1910 the business was converted into a limited liability company with E. V. Lucas and G.E. Webster joining the founder on the board of directors. The company published the 1920 En ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
