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In Contract law, as an exception to the principle of autonomy implicit in the policy of freedom of contract, the parties cannot agree to a voluntary agreement to evade obligations imposed by law or to prevent the courts from taking jurisdiction if a dispute arises.
the law of the country in which an action is brought out lex lata: the carried law The law as it has been enacted. lex loci: the law of the place The law of the country, state, or locality where the matter under litigation took place. Usually used in contract law, to determine which laws govern the contract. / ˈ l ɛ k s ˈ l oʊ s aɪ / lex ...
Here the e contrario argument is used fallaciously in two ways: it places the letter of the law above its intent, and mistakes a time, place, and manner law regulating letters and telegraphs, for a law only authorizing letters and telegraphs, which is it not. Novel legal cases often hinge on more cogent arguments of the form:
(2) The power of the state serves all citizens and can be only applied in cases, under limitations and through uses specified by a law. (3) Every citizen can do anything that is not forbidden by the law, and no one can be forced to do anything that is not required by a law. The same principles are reiterated in the Czech Bill of Rights, Article 2.
The terms moot, mootness and moot point are used both in English and in American law, although with significantly different meanings. [1]In the legal system of the United States, a matter is "moot" if further legal proceedings with regard to it can have no effect, or events have placed it beyond the reach of the law.
In a civil proceeding or criminal prosecution under the common law or under statute, a defendant may raise a defense (or defence) [a] in an effort to avert civil liability or criminal conviction. A defense is put forward by a party to defeat a suit or action brought against the party, and may be based on legal grounds or on factual claims.
In law, selective enforcement occurs when government officials (such as police officers, prosecutors, or regulators) exercise discretion, which is the power to choose whether or how to punish a person who has violated the law.
Evasion (law), to avoid government mandate through specious means (tax evasion, for example) Evasion (network security), techniques to by-pass network security devices; Evasion (numismatics), close copy of a coin with just enough deviation in design and/or legend to avoid violating counterfeit laws