Search results
Results from the WOW.Com Content Network
In the IRAC method of legal analysis, the "issue" is simply a legal question that must be answered. An issue arises when the facts of a case present a legal ambiguity that must be resolved in a case, and legal researchers (whether paralegals, law students, lawyers, or judges) typically resolve the issue by consulting legal precedent (existing statutes, past cases, court rules, etc.).
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 ...
[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 ...
Duress is a threat of harm made to compel someone to do something against their will or judgment; especially a wrongful threat made by one person to compel a manifestation of seeming assent by another person to a transaction without real volition. - Black's Law Dictionary (8th ed. 2004) Duress in contract law falls into two broad categories: [6]
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 criminal law. Contributing to or aiding in the commission of a crime. One who, without being present at the commission of a felonious offence, becomes guilty of such offence, not as a chief actor, but as a participator, as by command, advice, instigation or concealment; either before or after the fact or commission; a particeps criminis .
In this context, "negligently" is a legal term of art with a precise and narrow meaning, and the witness cannot reasonably answer the question without understanding the relevant law. Since the lawyer is "arguing" his case that John Doe was driving negligently through the witness, the objection would be sustained and the improper statements ...
Two American law schools, Yale and Columbia, were hotbeds of realist thought. Realism was a mood more than it was a cohesive movement, but it is possible to identify a number of common themes. These include: A distrust of the judicial technique of seeming to deduce legal conclusions from so-called rules of law. The realists believed that judges ...