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A pactum de quota litis in the law of contract is an agreement by which the creditor of a sum difficult to recover promises a portion to the person who undertakes to recover it. Most often it is used in litigation , where one party provides funds for the other party's legal costs in exchange for a share of the proceeds should the case be ...
Used in the context of a case against property, as opposed to a particular person. See also in rem jurisdiction. Cf. in personam. / ɪ n ˈ r ɛ m / in situ: in position Often used in the context of decisions or rulings about a property or thing "left in place" after the case as it was before. / ɪ n ˈ s aɪ tj uː, ɪ n ˈ s ɪ tj uː / in ...
The law of the case is a legal term of art that is applicable mainly in common law, or Anglo-American, jurisdictions that recognize the related doctrine of stare decisis. The phrase refers to instances where "rulings made by a trial court and not challenged on appeal become the law of the case."
The history of Roman law can be divided into three systems of procedure: that of legis actiones, the formulary system, and cognitio extra ordinem.Though the periods in which these systems were in use overlapped one another and did not have definitive breaks, the legis actio system prevailed from the time of the XII Tables (c. 450 BC) until about the end of the 2nd century BC, the formulary ...
Res judicata provides that once a case has been determined, it produces a judgment either inter partes or in rem depending on the subject matter of the dispute: although there can be an appeal on the merits, neither party can recommence proceedings on the same set of facts in another court. If that rule were not in place, litigation might never ...
More generically, this phrase (or proprio motu; Latin allows free word order) is used to indicate an act taken by a court without a motion from a party to the case. The term is used very rarely in legal opinions in the United States, where sua sponte is preferred, but proprio motu is used in Canada. [ 7 ]
Pendente lite is a Latin term meaning "awaiting the litigation" or "pending the litigation" which applies to court orders which are in effect while a matter (such as a sale of goods or a divorce) is pending. [1]
Res ipsa loquitur (Latin: "the thing speaks for itself") is a doctrine in common law and Roman-Dutch law jurisdictions under which a court can infer negligence from the very nature of an accident or injury in the absence of direct evidence on how any defendant behaved in the context of tort litigation.