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The principle is a creature of case law and was expanded from the neighborhood law doctrine of aemulatio vicini under the jus commune. This principle departs from the classical theory that "he who uses a right injures no one" (= neminem laedit qui suo iure utitur ), instead embracing the maxim “a right ends where abuse begins” (= le droit ...
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.
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
In law, a colloquy is a routine, highly formalized conversation. [1] Conversations among the judge and lawyers (as opposed to testimony under oath) are colloquies.The term may be applied to the conversation that takes place when a defendant enters into a plea bargain and the judge is supposed to verify that the defendant understands that he is waiving his right to a jury trial.
In a legal context, a chilling effect is the inhibition or discouragement of the legitimate exercise of natural and legal rights by the threat of legal sanction. [1] A chilling effect may be caused by legal actions such as the passing of a law, the decision of a court, or the threat of a lawsuit; any legal action that would cause people to hesitate to exercise a legitimate right (freedom of ...
Rendition can also mean the act of rendering, i.e. delivering, a judicial decision, or of explaining a series of events, as a defendant or witness. It can also mean the execution of a judicial order by the directed parties. But extraordinary rendition is distinct from both deportation and extradition, being inherently illegal. [1]
Jurisprudence, also known as theory of law or philosophy of law, is the examination in a general perspective of what law is and what it ought to be.It investigates issues such as the definition of law; legal validity; legal norms and values; as well as the relationship between law and other fields of study, including economics, ethics, history, sociology, and political philosophy.
Prejudice is a legal term with different meanings, which depend on whether it is used in criminal, civil, or common law.In legal context, prejudice differs from the more common use of the word and so the term has specific technical meanings.