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The chose can either be legal or equitable. Before the Judicature Acts, which fused the courts of equity and common law into one jurisdiction, where the chose could be recovered only by an action at law as a debt (whether arising from contract or tort), it was termed a legal chose in action; where the chose was recoverable only by a suit in equity, as a legacy or money held upon a trust, it ...
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.
Used in various contexts to refer to the legal foundation for a thing. intra vires: within the powers Something done which requires legal authority, and the act is performed accordingly. Cf. ultra vires. ipse dixit: He himself said it. An assertion given undue weight solely by virtue of the person making the assertion. / ˈ ɪ p s i ˈ d ɪ k s ...
"Everything which is not forbidden is allowed" is a legal maxim. It is the concept that any action can be taken unless there is a law against it. [1] [2] It is also known in some situations as the "general power of competence" whereby the body or person being regulated is acknowledged to have competent judgement of their scope of action.
A legal fiction is a construct used in the law where a thing is taken to be true, which is not in fact true, in order to achieve an outcome. Legal fictions can be employed by the courts [ 1 ] or found in legislation.
Many legal scholars have criticized the continued use of the doctrine of falsus in uno to discredit a witness' entire testimony. [17] For example, Judge Richard Posner once remarked that falsus in uno was a "discredited doctrine" based on "primitive psychology". This assertion was not made in relation to fraudulent documentation or a "material ...
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Legal personhood is a prerequisite to legal capacity (the ability of any legal person to amend – i.e. enter into, transfer, etc. – rights and obligations), it is a prerequisite for an international organization to be able to sign international treaties in its own name.