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KembaraXtra – Legal Terms – Obiter Dictum
Obiter dictum, meaning “a remark in passing,” refers to comments made by a judge that are not essential to the decision in a case.
Such statements do not form part of the *ratio decidendi and therefore are not legally binding as precedent.
However, obiter dicta may still carry persuasive value and can be cited in later cases as guidance or influential reasoning.
Obiter dictum, meaning “a remark in passing,” refers to comments made by a judge that are not essential to the decision in a case.
Such statements do not form part of the *ratio decidendi and therefore are not legally binding as precedent.
However, obiter dicta may still carry persuasive value and can be cited in later cases as guidance or influential reasoning.
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KembaraXtra – Legal Terms – Oath of Allegiance
An oath of allegiance is a formal promise of loyalty and faithfulness to the Crown.
It is taken by members of both Houses of Parliament at the start of a new Parliament, by certain Crown officers upon appointment, and by persons acquiring British nationality through registration or naturalization.
The oath symbolizes allegiance to the constitutional authority of the state.
An oath of allegiance is a formal promise of loyalty and faithfulness to the Crown.
It is taken by members of both Houses of Parliament at the start of a new Parliament, by certain Crown officers upon appointment, and by persons acquiring British nationality through registration or naturalization.
The oath symbolizes allegiance to the constitutional authority of the state.
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KembaraXtra – Legal Terms – Oath
An oath is a formal declaration in which a person swears that a statement is true or that a promise will be faithfully carried out, traditionally by calling upon God as a witness.
Oaths are required in many legal situations, particularly when giving evidence in court or swearing an *affidavit.
A common witness oath is: “I swear by Almighty God that the evidence which I shall give shall be the truth, the whole truth and nothing but the truth.”
Individuals who object to taking religious oaths, whether because of religious beliefs or because they have none, may instead make an *affirmation.
An oath is a formal declaration in which a person swears that a statement is true or that a promise will be faithfully carried out, traditionally by calling upon God as a witness.
Oaths are required in many legal situations, particularly when giving evidence in court or swearing an *affidavit.
A common witness oath is: “I swear by Almighty God that the evidence which I shall give shall be the truth, the whole truth and nothing but the truth.”
Individuals who object to taking religious oaths, whether because of religious beliefs or because they have none, may instead make an *affirmation.
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KembaraXtra – Legal Terms – Nuncupative Will
A nuncupative will is an oral declaration expressing how a person wishes property to be distributed after death.
Under English law, oral wills are generally ineffective unless they fall within special exceptions.
The main exceptions are *privileged wills, which may apply to certain military personnel or sailors, and *donatio mortis causa, which concerns gifts made in contemplation of death.
Outside these limited situations, a valid will normally must comply with formal written requirements.
A nuncupative will is an oral declaration expressing how a person wishes property to be distributed after death.
Under English law, oral wills are generally ineffective unless they fall within special exceptions.
The main exceptions are *privileged wills, which may apply to certain military personnel or sailors, and *donatio mortis causa, which concerns gifts made in contemplation of death.
Outside these limited situations, a valid will normally must comply with formal written requirements.
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KembaraXtra – Legal Terms – Nunc Pro Tunc
Nunc pro tunc, meaning “now instead of then,” refers to a judgment or order that is treated as taking legal effect from an earlier date.
Although judgments usually take effect from the day they are made, courts may in special circumstances direct that the order operate retrospectively.
This device is commonly used to correct procedural issues or to reflect what should legally have occurred at an earlier time.
Nunc pro tunc, meaning “now instead of then,” refers to a judgment or order that is treated as taking legal effect from an earlier date.
Although judgments usually take effect from the day they are made, courts may in special circumstances direct that the order operate retrospectively.
This device is commonly used to correct procedural issues or to reflect what should legally have occurred at an earlier time.
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KembaraXtra – Legal Terms – Nullum Crimen Sine Lege
Nullum crimen sine lege means “no crime without a law.”
It expresses the principle of legality, namely that conduct cannot amount to a criminal offence unless the law has previously declared it to be criminal.
Many offences are created by statute, while others exist under the common law.
The principle seeks to prevent people from being punished for conduct that was not recognized as criminal at the time it occurred.
Nullum crimen sine lege means “no crime without a law.”
It expresses the principle of legality, namely that conduct cannot amount to a criminal offence unless the law has previously declared it to be criminal.
Many offences are created by statute, while others exist under the common law.
The principle seeks to prevent people from being punished for conduct that was not recognized as criminal at the time it occurred.
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KembaraXtra – Legal Terms – Nudity
In legal terminology, nudity is generally considered in connection with offences relating to *exposure.
The law examines whether the conduct amounts to indecent exposure or related criminal behaviour.
Liability depends on the surrounding circumstances, including the intention of the individual and whether members of the public were likely to be offended or alarmed.
In legal terminology, nudity is generally considered in connection with offences relating to *exposure.
The law examines whether the conduct amounts to indecent exposure or related criminal behaviour.
Liability depends on the surrounding circumstances, including the intention of the individual and whether members of the public were likely to be offended or alarmed.
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KembaraXtra – Legal Terms – No Win, No Fee
No win, no fee arrangements are forms of legal funding in which a lawyer is paid only if the case succeeds.
These arrangements are commonly associated with *conditional fee agreements and *damages-based agreements.
The system allows claimants to pursue legal claims without paying legal fees upfront.
If the claim is unsuccessful, the client usually does not have to pay the lawyer’s ordinary fees, although liability for certain costs may still arise depending on the agreement.
No win, no fee arrangements are forms of legal funding in which a lawyer is paid only if the case succeeds.
These arrangements are commonly associated with *conditional fee agreements and *damages-based agreements.
The system allows claimants to pursue legal claims without paying legal fees upfront.
If the claim is unsuccessful, the client usually does not have to pay the lawyer’s ordinary fees, although liability for certain costs may still arise depending on the agreement.
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KembaraXtra – Legal Terms – Nullity of Marriage
Nullity of marriage refers to the legal invalidity of a marriage because of a defect existing at the time of the marriage or arising shortly afterwards.
A marriage may be void, meaning it was never legally valid from the beginning, or voidable, meaning it remains valid until a court formally annuls it.
Common grounds for a void marriage include prohibited relationships, one party being under the legal age for marriage, or one party already being married or in a civil partnership.
Grounds making a marriage voidable include incapacity or refusal to consummate the marriage, pregnancy by another person at the time of marriage, or lack of genuine consent due to duress or similar factors.
When granting an annulment, courts also possess powers to make financial provision and property adjustment orders.
Nullity of marriage refers to the legal invalidity of a marriage because of a defect existing at the time of the marriage or arising shortly afterwards.
A marriage may be void, meaning it was never legally valid from the beginning, or voidable, meaning it remains valid until a court formally annuls it.
Common grounds for a void marriage include prohibited relationships, one party being under the legal age for marriage, or one party already being married or in a civil partnership.
Grounds making a marriage voidable include incapacity or refusal to consummate the marriage, pregnancy by another person at the time of marriage, or lack of genuine consent due to duress or similar factors.
When granting an annulment, courts also possess powers to make financial provision and property adjustment orders.
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KembaraXtra – Legal Terms – Novation
Novation is the replacement of an existing contract with a new contract.
The new agreement may involve the same parties or may introduce a new party altogether. A common example occurs when one debtor is substituted for another with the agreement of everyone involved.
For instance, if A owes B money and B owes C the same amount, all three may agree that A will now owe the debt directly to C, while the earlier debts are extinguished.
Novation differs from *assignment because novation creates a completely new contractual relationship, whereas assignment merely transfers the benefit of an existing contract.
Novation is the replacement of an existing contract with a new contract.
The new agreement may involve the same parties or may introduce a new party altogether. A common example occurs when one debtor is substituted for another with the agreement of everyone involved.
For instance, if A owes B money and B owes C the same amount, all three may agree that A will now owe the debt directly to C, while the earlier debts are extinguished.
Novation differs from *assignment because novation creates a completely new contractual relationship, whereas assignment merely transfers the benefit of an existing contract.