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Oral argument is not always considered an essential part of due process, as the briefs also give the parties an opportunity to be heard by the court. Whether a court will permit, require, or guarantee the opportunity to present oral argument is a decision usually left up to each court to decide as part of its rules of procedure, with ...
[8] The metaphor of the "legal bond", also translated as "legal shackle" or "legal chain", remains fundamental to the law of obligations. [9] In common law jurisdictions, to create a contractual relationship, three elements are necessary: offer and acceptance, consideration and the intention to create legal relations. Because of this third ...
Frivolous litigation is the use of legal processes with apparent disregard for the merit of one's own arguments. It includes presenting an argument with reason to know that it would certainly fail, or acting without a basic level of diligence in researching the relevant law and facts.
In the United States, federal case law dictates the privileges permissible and prohibited in federal trials, [2] while state case law governs their scope in state courts. A common rule for both the communications privilege and the testimonial privilege is that, "absent a lawful marriage, civil union, or domestic partnership, there is no privilege."
Alternative pleading (or pleading in the alternative) is the legal term [1] [2] in the law of the United States for a form of pleading that permits a party in a court action to argue multiple possibilities that may be mutually exclusive by making use of legal fiction.
In regards to contract law, arguing in the alternative is done where a dispute arises over the terms of a contract. In a particular case it may be best for the plaintiff to allege that a statement made was to become a term of the contract. However the circumstances of the case may be such that the plaintiff cannot be certain that the court will ...
An update was published in 2004 by the GAO covering the period between September 21, 1996 (when DOMA was signed into law), and December 31, 2003. The update identified 120 new statutory provisions involving marital status, and 31 statutory provisions involving marital status repealed or amended in such a way as to eliminate marital status as a ...
A solidary obligation, or an obligation in solidum, is a type of obligation in the civil law jurisprudence that allows either obligors to be bound together, each liable for the whole performance, or obligees to be bound together, all owed just a single performance and each entitled to the entirety of it. In general, solidarity of an obligation ...