Legal Terms - Act in Pais
Act in pais refers to a legal term in Law French. An extrajudicial action that is not officially documented.
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Legal Terms - Acte Clair
Acte clair refers to a clear point in law, originating from Law French. An indisputable matter that requires no legal debate. The concept of acte clair has gained significance in European law in the past few decades. If a domestic tribunal encounters a question regarding the interpretation of European Community law, it is obligated by the Treaty on the Functioning of the European Union (formerly known as the Treaty of Rome) to refer the matter to the European Court of Justice under Article 234. However, if the domestic tribunal believes that the legal point is clearly defined (for example, by previous case law from the European Court of Justice), they argue that there is an acte clair and refuse to refer the matter under Article 234 (R v Secretary of State, ex p Schering [1987] 1 CMLR 277). Legal Terms - Acquittal
An acquittal is a legal ruling by a court that declares a defendant accused of a crime to be innocent. After a verdict of "not guilty" or a successful plea of "autrefois acquit" or "autrefois convict," a court is obligated to declare the defendant innocent. After being acquitted, a person cannot be prosecuted again for the same offense unless there is significant new evidence (referred to as double jeopardy). However, it is crucial to note that an acquittal in a criminal court does not have any legal effect on civil courts. Legal Terms - Acquis Communautaire
Acquis communautaire refers to the body of European Union laws and regulations that member states are required to adopt and implement. The body of *Community legislation and rulings of the *European Court of Justice that impose legal obligations on all member states of the EU. Legal Terms - Acquiescence
Acquiescence is the act of giving consent, either explicitly or implicitly. When it comes to the law, it is important to differentiate between having awareness about a situation and actively giving approval to it. For instance, when defending the principle of *volenti non fit injuria, it is established that an injured individual cannot be considered to have given consent to a risk solely based on their awareness of its existence (Smith v Baker & Sons [1891] AC 325 (HL)). Legal Terms - Service acknowledgment
If a defendant wishes to challenge legal actions initiated by a claimant, they must provide a response to the claim. By submitting an acknowledgment of service in accordance with Part 10 of the Civil Procedure Rules (CPR) and/or by submitting a defense in accordance with Part 15 of the CPR. Acknowledgments of service are utilized when the defendant fails to provide a defense within the specified timeframe or when the defendant plans to challenge the court's jurisdiction as outlined in Part 11 of the CPR. By admitting service, a defendant is granted an additional 14-day period to file the defense. Essentially, this implies that the defendant has a 28-day timeframe from the delivery of the claim, within which the defence must be provided. Upon the defendant's submission of the appropriate portion of the acceptance of service form, the court is obligated to inform the claimant in written form. If the defendant fails to file an acknowledgment of service or a defence within the required time limits, the claimant has the right to seek a judgment in default. Legal Terms - Acknowledgement and Undertaking
The title deed includes a provision that grants a person the right to access and get copies of relevant deeds that are not already in their possession. An acknowledgment is given, along with a commitment from the recipient to securely safeguard them. Therefore, when a portion of an unregistered land estate is sold, the owner retains the legal documents for the entire estate but provides an acknowledgment and commitment to the buyer. This allows the buyer to establish their ownership of the sold portion by presenting copies of the previous legal documents and requesting the presentation of the originals. Typically, the vendor provides the purchaser with all the title documents specifically related to the land being transferred. However, an acknowledgment and undertaking are required only in circumstances where the vendor fails to provide these documents. It is important to understand that personal representatives and fiduciary owners typically provide merely an acknowledgment, without making any commitments. A violation of a promise leads to a legal claim for compensation. Legal Terms - Acknowledgement
Acknowledgment is the act of a debtor admitting that they owe a debt. An assertion is present. The signatory's affirmation that the signature on the document belongs to them. Legal Terms - Acid attacks
According to section 29 of the Offences Against the Person Act 1861, it is a criminal offense to intentionally toss, throw, or apply any object to another person. other caustic liquid or other harmful material that is used with the intention of causing severe bodily harm through burning, mutilation, disfigurement, disability, or other means. This remains true regardless of whether physical harm is inflicted or not. In 2018, the government made many amendments to the Poisons Act 1972 in response to the increasing incidence of these attacks in the UK. It is now illegal to purchase, import, or possess any chemical product that contains sulphuric acid with a strength over 15% without obtaining a license from the Home Office. Professional users who need such substances for activities related to their trade or business do not need a license. However, they are required to notify any theft or suspicious loss of such a drug. Legal Terms - Accusatorial Procedure
Accusatorial procedure, also known as adversarial procedure, refers to a legal process in which two opposing parties present their arguments and evidence before a neutral judge or jury. The adversarial system of criminal justice is based on the process of prosecution and defense to determine liability. The major responsibility of the prosecutor is to The defense and prosecution present their respective perspectives within the boundaries of the rules of evidence, while the judge serves as a neutral arbiter, ensuring that the facts are revealed through this process. Common-law regimes typically employ an accusatorial approach. |
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