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Legal Terms – Ex Aequo Et Bono in accordance with what is fair and good Consequently, due to equitable considerations and moral integrity. The expression denotes the manner in which an international tribunal may ground its ruling not on conventional law, but rather on principles of justice and fairness to the involved parties. Article 38 of the Statute of the International Court of Justice stipulates that "if the parties concur, the Court may adjudicate a case ex aequo et bono." This provision has never been utilized because, in no case before the Court, have the parties consented to its implementation. 
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Legal Terms – Alex Abundanti Cautela from considerable caution [Latin: ex abundanti cautela] A phrase used to describe any legal action (e.g., the inclusion of a clause in a contract) undertaken as a safeguard against a scenario deemed highly improbable yet not impossible.  Legal Terms - evidence of user Indications of the conduct exhibited by the parties involved in a contract. Under some conditions, user evidence is permissible to aid the court in determining the exact obligations of the parties involved in a dispute. It may, for instance, elucidate an ambiguity in the contract's language or an assertion that the written provisions have been modified by verbal agreement.  Legal Terms – Evidence Obtained Ilegally Evidence acquired using unlawful methods. Under common law, evidence collected unlawfully (e.g., through a warrantless search of premises) was not inherently inadmissible; nonetheless, the court could use discretion to reject it if its adverse impact surpassed its probative worth. The Police and Criminal Evidence Act 1984 maintains this common law discretion and stipulates that the court may exclude evidence proposed by the prosecution if, considering all circumstances, including how the evidence was obtained, its admission would significantly compromise the fairness of the proceedings. In instances of unlawfully acquired evidence, the court will additionally consider the stipulations of the *European Convention on Human Rights and the *Human Rights Act 1998.  Legal Terms - evidence in rebuttal Evidence presented to refute opposing evidence in a case. According to the legal Evidence Act 1995, a prior statement made by a witness may be presented in legal proceedings to counter any implication that their testimony has been contrived. According to the Criminal Justice Act 2003, a prior statement made by a witness, which is accepted in criminal proceedings to counter the claim that their oral testimony has been manufactured, is permissible as evidence for any matter mentioned that would also be admissible as oral testimony from that witness.  Legal Terms – Evidence in Chief In judicial proceedings, the testimony provided by a witness for the side that summoned him. Part 32 of the *Civil Procedure Rules stipulates that when a witness is summoned to testify at trial, their witness statement shall serve as their evidence-in-chief until the court directs otherwise. He may be subjected to cross-examination about his witness statement, regardless of whether the statement or any portion thereof was referenced during his examination-in-chief. In criminal prosecutions, evidence-in-chief will almost invariably consist of live testimony in court.  Legal Terms – Evidence That which serves to establish the existence or nonexistence of a particular fact. It may comprise *testimony, *documentary evidence, *real evidence, and, where permissible, *hearsay evidence. The law of evidence encompasses all regulations that dictate the presentation of facts and proof in court proceedings, specifically focusing on the rules regarding the *admissibility of evidence and the *exclusionary norms.  Legal Terms – Eviction The expulsion of a renter or any other occupant from a property. According to the Protection from removal Act 1977, the removal of a home occupier, except through legal proceedings, constitutes a criminal offense. Harassing a residential occupant to convince them to vacate is also an offense (see to harassment of occupant). A mortgagee may take possession peacefully without a court order (Ropaigealach v Barclay’s Bank plc [2000] QB 263). Numerous renters possess statutory protection, necessitating the landlord to demonstrate valid grounds for possession to a court. According to the Housing Act 1988, a tenant is entitled to seek damages for illegal eviction. The Protection from Harassment Act 1997 permits the court to issue a restraining order against a renter who is harassing a neighbor, potentially necessitating the eviction of the harasser.  Legal Terms - Eviction n. The expulsion of a renter or any other occupant from a property. According to the Protection from removal Act 1977, the removal of a home occupier, except through legal proceedings, constitutes a criminal offense. Harassing a residential occupant to convince them to vacate is also an offense. A mortgagee may take possession peacefully without a court order (Ropaigealach v Barclay’s Bank plc [2000] QB 263). Numerous renters possess statutory protection, necessitating the landlord to demonstrate valid grounds for possession to a court. According to the Housing Act 1988, a tenant is entitled to seek damages for illegal eviction.  Legal Terms -Euthanasia The act of terminating life to alleviate suffering. The term encompasses voluntary euthanasia, wherein an individual's life is terminated at their explicit request; non-voluntary euthanasia, applicable when a person cannot articulate their desires (e.g., an infant or an individual in a persistent vegetative state); and involuntary euthanasia, which occurs when a person is killed without their consent or that of any designated representative. Involuntary euthanasia is universally prohibited, but the legality of voluntary and non-voluntary euthanasia generally hinges on whether it is classified as passive or active. Euthanasia is predominantly unlawful and constitutes murder or aided suicide when active measures, such as drug administration, are employed to end life, regardless of the humane intent behind the action. Passive euthanasia, such as the cessation of life-sustaining therapy, is permissible if conducted in the patient's best interest (Airedale NHS Trust v Bland [1993] AC 78 (HL)).  |
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