LAWIN

Category: Procedures

  • Legal Uncertainty

    Legal Uncertainty By “legal uncertainty” Anthony D’Amato (in his article “Legal Uncertainty”, 71 Cal. L. Rev. 1 (1983)) “means the situation that obtains when the rule that is relevant to a given act or transaction is said by informed attorneys to have an expected official outcome at or near the 0.5 level of predictability. A…

  • Legal Uncertainty

    Legal Uncertainty By “legal uncertainty” Anthony D’Amato (in his article “Legal Uncertainty”, 71 Cal. L. Rev. 1 (1983)) “means the situation that obtains when the rule that is relevant to a given act or transaction is said by informed attorneys to have an expected official outcome at or near the 0.5 level of predictability. A…

  • Rule

    Rule By “rule” Anthony D’Amato (in his article “Legal Uncertainty”, 71 Cal. L. Rev. 1 (1983)) means “not only a particular rule of law, such as a subsection of the Internal Revenue Code or the Rule in Shelley’s Case, but also any principle, policy, theory, or other legal argument that can be cited by a…

  • Oath of Allegiance

    Oath of Allegiance Introduction to Oath of Allegiance Oath of Allegiance in 1889 The following information about Oath of Allegiance is from the Cyclopaedia of Political Science, Political Economy, and the Political History of the United States by the Best American and European Writers. “There is, I conceive, nothing in law to prevent the crown,…

  • Substantive Law

    Substantive Law Legal definition of Substantive Law Substantive law defines the rights and remedies of particular laws within a case. The part of the law that creates, defines, and regulates rights, including, for example, the law of contracts, torts, wills, and real property. In the definition of Substantive Law by the Merriam-Webster Dictionary, it is…

  • Substantive Law

    Substantive Law Legal definition of Substantive Law Substantive law defines the rights and remedies of particular laws within a case. The part of the law that creates, defines, and regulates rights, including, for example, the law of contracts, torts, wills, and real property. In the definition of Substantive Law by the Merriam-Webster Dictionary, it is…

  • Sentencing

    Criminal Procedure: Sentencing Introduction to SentencingOnce guilt has been determined, either by verdict following a trial or by the entry of a guilty plea, the defendant must be sentenced. Generally, the trial judge imposes the sentence, which must be within the statutory limits…

  • Dictionary of Statutory Interpretation

    Dictionary of Statutory Interpretation In the introduction to this legal Dictionary, the author believes that, whatever the “merits of the descriptive vs. prescriptive debate regarding ordinary dictionaries, the task for a specialized legal dictionary is clear. It must be both descriptive and prescriptive. It must be descriptive in order to provide a complete picture of…

  • Encyclopedia of the Supreme Court of the United States

    Encyclopedia of the Supreme Court of the United States Book Details ISBN:9780028661247 Author:Tanenhaus, David Spinoza Publisher: MacMillan Reference Library, distributed by Sage. LC Call Number: Reference Collection: KF8742.A35 E525 2008 Publication Date: 2008-10-24 Subject: Government – Judicial Branch, Encyclopedias, United states, Supreme court, Courts – Supreme Court Language: English Reviews This legal Encyclopedia contains about…

  • Statutes of Limitations

    Statutes of Limitations The Statutes of Limitations provide for certainty in the area of litigation and ensure that there will not be perpetual litigation on the subjects of tort, contract, title and other issues. They impose limitations of time upon existing rights of action. It is advisable, therefore, that proceedings, in respect of any cause…

  • Grant an Application

    Grant an Application Administrative Consents In many jurisdictions, for example, when an owner intends to carry out building work they must apply for a building consent before the work begins. The authority that is authorised within the scope of its accreditation and registration to grant a building consent for the proposed building work would grant…

  • Spanish Trial

    Spanish Trial Actions for a small or a large claim: Public Trial and Fast Track Procedure Depending on the amount of money being claimed, the trial can be a “juicio verbal”(a type of civil procedure for smaller claims, for less than €6,000, among other criteria) or a “juicio ordinario”(a type of civil procedure for larger…

  • List of Courts

    List of Courts Lists of Courts in the Encyclopedia of Law List of European Courts in the European Encyclopedia List of American Courts List of Asian Courts in the Asia Encyclopedia List of Australian Courts in the Australian Encyclopedia List of Canadian Courts in the Canada Encyclopedia List of African Courts in the Africa Encyclopedia…

  • Jurispruedence

    Jurisprudence Introduction to Jurisprudence “Jurisprudence (Latin jurisprudentia, from jus,”law,”and prudentia,”knowledge”), knowledge of the law and its interpretation, or the science and philosophy of law. In ancient Rome the term was used in the former sense. Those who were so skilled in the law that they could decide a novel or doubtful case were called juris…

  • Early Courts

    Early Courts The recognized existence of even primitive courts implies a relatively high degree of social organization and the need for systematic adjudication of disputes on the basis of established customs and consciously formulated rules of social conduct. Archaeologists and anthropologists have established the existence of courts in simple societies over wide areas of Asia,…