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Right of a third-party beneficiary to sue in order to enforce a third-party contract, i.e. the opposite of privity of contract. ius retentionis: right of retaining Lien (possessory) ius variandi: right of varying Free choice of court actions where concurrent actions lie, e.g. tort and criminal, or tort and breach of contract. laesio enormis ...
Cases raising such questions are increasingly common as technology introduces capabilities that are somewhat but not exactly analogous to those provided by older technologies. A high-profile example of the use of argumentum e contrario (rejected by the court) in such a case is Steve Jackson Games, Inc. v. United States Secret Service.
In the United States, there is much scholarly legal debate between those favoring bright-line rules and those favoring balancing tests.While some legal scholars, such as former Supreme Court Justice Antonin Scalia, have expressed a strong preference for bright-line rules, critics often argue that bright-line rules are overly simplistic and can lead to harsh and unjust results.
Under the theory of positive and negative rights, a negative right is a right not to be subjected to an action of another person or group such as a government, usually occurring in the form of abuse or coercion. Negative rights exist unless someone acts to negate them. A positive right is a right to be subjected to an action of another person ...
Troxel v. Granville, 530 U.S. 57 (2000), is a case in which the Supreme Court of the United States, citing a constitutional right of parents to direct the upbringing of their children, struck down a Washington law that allowed any third party to petition state courts for child visitation rights over parental objections.
A goodwill letter is a formal letter sent to a creditor, lender or collection agency to request forgiveness for a late payment or other negative item on your credit report. In the letter, you ...
Within legal civil procedure, prejudice is a loss or injury, and refers specifically to a formal determination against a claimed legal right or cause of action. [4] Thus, in a civil case, dismissal without prejudice is a dismissal that allows for re-filing of the case in the future.
In linguistics, converses or relational antonyms are pairs of words that refer to a relationship from opposite points of view, such as parent/child or borrow/lend. [ 1 ] [ 2 ] The relationship between such words is called a converse relation . [ 2 ]