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Clean 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 ... [...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 its meeting, many bishops had the opportunity to attend this council, which is considered by the Catholic Church to be the twelfth ecumenical council. The council addressed a number of issues, including the sacraments, the role of the laity, the treatment of Jews and heretics, and the organization of the church. The decree mandating annual confession has been called "pehaps the most important legislative act in the history of the church." In the case of Jews and Muslims, this included compelling them to wear distinctive badges to prevent social contact "through error". The council is viewed by medievalists as both opening up many reforms, and as formalising and enforcing intolerance in European society, both to heretics and Jews, and thus playing ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
English Legal Terminology
English usually refers to: * English language * English people English may also refer to: Culture, language and peoples * ''English'', an adjective for something of, from, or related to England * ''English'', an Amish term for non-Amish, regardless of ethnicity * English studies, the study of English language and literature Media * ''English'' (2013 film), a Malayalam-language film * ''English'' (novel), a Chinese book by Wang Gang ** ''English'' (2018 film), a Chinese adaptation * ''The English'' (TV series), a 2022 Western-genre miniseries * ''English'' (play), a 2022 play by Sanaz Toossi People and fictional characters * English (surname), a list of people and fictional characters * English Fisher (1928–2011), American boxing coach * English Gardner (born 1992), American track and field sprinter * English McConnell (1882–1928), Irish footballer * Aiden English, a ring name of Matthew Rehwoldt (born 1987), American former professional wrestle ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Tu Quoque
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, so that the opponent appears hypocritical. This specious reasoning is a special type of attack. The cites John Cooke's 1614 stage play as the earliest known use of the term in the English language. Form and explanation The ( fallacious) argument follows the template (i.e. pattern): # Person A claims that a statement is true. # Person B asserts that A's actions or past claims are inconsistent with the truth of claim . # Therefore, is false. For example: # Person A: "Smoking is associated with chronic health disorders. You shouldn't smoke." # Person B: "But you smoke yourself. So much for your argument!" Person A makes a statement, and Person B reasons that because Person A is being hypocritical, their statement is false. Similar concepts A similar concept in politics is that of whatabou ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
The 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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Laches (equity)
In common-law legal systems, laches ( , ; Law French: , , from ) 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 (law), equity. 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. It is often understood in comparison to a statute of limitations, a statutory defense, which traditionally is a defense to a claim "at law". 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, f ... [...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 i ... [...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., one of the Koopalings in the ''Mario'' franchise * 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, Cumberland, Cumbria * Morton, Westmorland and Furness, Cumbria * Morton, Derbyshire * Morton, Gloucestershire * Morton, Isle of Wight * Morton, a village in Morton and Hanthorpe parish, Lincolnshire * Morton, West Lindsey, Lincolnshire * Morton Hall, Lincolnshire * Morton, Norfolk (or Morton on the Hill) * Morton, Nottinghamshire * Morton-on-Swale, North Yorkshire * M ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Monopoly
A monopoly (from Greek language, Greek and ) is a market in which one person or company is the only supplier of a particular good or service. A monopoly is characterized by a lack of economic Competition (economics), competition to produce a particular thing, a lack of viable substitute goods, and the possibility of a high monopoly price well above the seller's marginal cost that leads to a high monopoly profit. The verb ''monopolise'' or ''monopolize'' refers to the ''process'' by which a company gains the ability to raise prices or exclude competitors. In economics, a monopoly is a single seller. In law, a monopoly is a business entity that has significant market power, that is, the power to charge Monopoly price, overly high prices, which is associated with unfair price raises. Although monopolies may be big businesses, size is not a characteristic of a monopoly. A small business may still have the power to raise prices in a small industry (or market). A monopoly may als ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United States Patent Law
Under United States law, a patent is a right granted to the inventor of a (1) process, machine, article of manufacture, or composition of matter, (2) that is new, useful, and non-obvious. A patent is the right to exclude others, for a limited time (usually, 20 years) from profiting from a patented technology without the consent of the patent holder. Specifically, it is the right to exclude others from: making, using, selling, offering for sale, importing, inducing others to infringe, applying for an FDA approval, and/or offering a product specially adapted for practice of the patent. History 1623. England adopts Statute of Monopolies, which has been acknowledged as a legal predecessor of the US patent law. 1789. U.S. Constitution in Article I, Section 8, Clause 8 authorizes Congress "to promote the Progress of . . . useful Arts, by securing for limited Times to . . . Inventors the exclusive Right to their . . . Discoveries." It is believed that, unlike most parts of the U ... [...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', it cannot be said that there is a definitive list of them. 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 specific cases. S ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
