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right of blood Social law concept wherein citizenship of a nation is determined by having one or both parents being citizens. / ˈ dʒ ʌ s ˈ s æ ŋ ɡ w ɪ n ɪ s / jus soli: right of soil Social law concept wherein citizenship of a nation is determined by place of birth. / ˈ dʒ ʌ s ˈ s oʊ l aɪ / jus tertii: law of the third
These characteristics mean that legal language is always subject to the interpretation of the reader, thus creating a rhetorical situation. [2] White contends in Reading Law and Reading Literature: Law as Language that law is a language and a lawyer must also operate as a literary critic. He explains how law is its own form of language, which ...
Whether one has a particular entitlement or right is irrelevant to whether one's assertion is true or false. Where an objection to a belief is made, the assertion of the right to an opinion side-steps the usual steps of discourse of either asserting a justification of that belief, or an argument against the validity of the objection. [4]
The early end of every litigation should be one of the great objects of all judicial proceedings." [43] The Chicago Evening Post countered that the right to an appeal is a surety of getting the right legal result, and no attack at all on the sanctity of trials. It says this is not a proper occasion to invoke the maxim.
In other contexts, it can mean "according to law", "by right", and "legally". de lege ferenda: of/from law to be passed: de lege lata: of/from law passed / of/from law in force: de medietate linguae: of half-tongue: from [a person's] language [group]; party jury; the right to a jury disproportionally chosen from the accused's ethnic group; [36 ...
Legal formalism is both a descriptive and normative theory of how judges should decide cases. [1] In its descriptive sense, formalists maintain that judges reach their decisions by applying uncontroversial principles to the facts; formalists believe that there is an underlying logic to the many legal principles that may be applied in different cases.
Michael J. Gerhardt is the Samuel Ashe Distinguished Professor of Constitutional Law at the University of North Carolina School of Law in Chapel Hill. [1] He is also the director of the Center on Law and Government at the University of North Carolina at Chapel Hill and is an expert on constitutional law, separation of powers, and the legislative process. [2]
Legal writing places heavy reliance on authority. In most legal writing, the writer must back up assertions and statements with citations of authority. This is accomplished by a unique and complicated citation system, unlike that used in any other genre of writing.