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KembaraXtra – Legal Terms – Peremptory Challenge
A peremptory challenge refers to a party’s right to object to a juror without giving reasons.
Historically, it allowed defendants in criminal cases to reject certain jurors automatically.
The purpose was to help secure fairness and impartiality in jury selection.
In many jurisdictions, the use of peremptory challenges has been restricted or abolished.
The term is associated with the process known as challenge to jury.
A peremptory challenge refers to a party’s right to object to a juror without giving reasons.
Historically, it allowed defendants in criminal cases to reject certain jurors automatically.
The purpose was to help secure fairness and impartiality in jury selection.
In many jurisdictions, the use of peremptory challenges has been restricted or abolished.
The term is associated with the process known as challenge to jury.
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KembaraXtra – Legal Terms – Peremptory Norm
A peremptory norm is a fundamental rule of international law from which no derogation is permitted.
Such norms are also known as Jus Cogens principles.
Peremptory norms bind all states regardless of consent.
Examples include prohibitions against genocide, slavery, torture, and aggressive war.
Any treaty or rule conflicting with a peremptory norm is considered void under international law.
A peremptory norm is a fundamental rule of international law from which no derogation is permitted.
Such norms are also known as Jus Cogens principles.
Peremptory norms bind all states regardless of consent.
Examples include prohibitions against genocide, slavery, torture, and aggressive war.
Any treaty or rule conflicting with a peremptory norm is considered void under international law.
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KembaraXtra – Legal Terms – Peremptory Pleas
Peremptory pleas are pleas raised by a defendant that completely defeat or bar a legal action.
They are also known as pleas in bar.
Such pleas do not merely delay proceedings but seek to end the claim entirely.
Examples include pleas based on prior judgment, limitation periods, or settlement.
If successful, the claimant is prevented from continuing the action.
Peremptory pleas are pleas raised by a defendant that completely defeat or bar a legal action.
They are also known as pleas in bar.
Such pleas do not merely delay proceedings but seek to end the claim entirely.
Examples include pleas based on prior judgment, limitation periods, or settlement.
If successful, the claimant is prevented from continuing the action.
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KembaraXtra – Legal Terms – Permissive Waste
Permissive waste occurs when a tenant fails to maintain leased property and allows it to deteriorate.
The deterioration usually results from neglect rather than deliberate damage.
Examples include failing to repair roofs, walls, or essential structures.
A tenant may be liable if the neglect causes substantial damage to the property.
Permissive waste is one category of waste recognized in land law.
Permissive waste occurs when a tenant fails to maintain leased property and allows it to deteriorate.
The deterioration usually results from neglect rather than deliberate damage.
Examples include failing to repair roofs, walls, or essential structures.
A tenant may be liable if the neglect causes substantial damage to the property.
Permissive waste is one category of waste recognized in land law.
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KembaraXtra – Legal Terms – Perished Goods
Perished goods are goods that have been destroyed or damaged so severely that they no longer satisfy the contract description.
Under the Sale of Goods Act 1979, a contract is void if specific goods had already perished before the contract was made without the seller’s knowledge.
If the goods perish after the contract is formed, the contract may become void through frustration.
The rules mainly apply to specific goods identified in the contract.
Questions concerning risk transfer determine whether the buyer or seller bears the loss.
Perished goods are goods that have been destroyed or damaged so severely that they no longer satisfy the contract description.
Under the Sale of Goods Act 1979, a contract is void if specific goods had already perished before the contract was made without the seller’s knowledge.
If the goods perish after the contract is formed, the contract may become void through frustration.
The rules mainly apply to specific goods identified in the contract.
Questions concerning risk transfer determine whether the buyer or seller bears the loss.
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KembaraXtra – Legal Terms – Permanent Court of Arbitration
The Permanent Court of Arbitration is an international institution established under the 1899 Hague Convention.
Despite its name, it is not a permanent court with standing judges.
Instead, it provides facilities and procedures for the creation of arbitration tribunals.
The institution assists states, organizations, and private parties in resolving international disputes peacefully.
It has been used in significant international disputes, including claims tribunals between states.
The Permanent Court of Arbitration is an international institution established under the 1899 Hague Convention.
Despite its name, it is not a permanent court with standing judges.
Instead, it provides facilities and procedures for the creation of arbitration tribunals.
The institution assists states, organizations, and private parties in resolving international disputes peacefully.
It has been used in significant international disputes, including claims tribunals between states.
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KembaraXtra – Legal Terms – Permanent Establishment
A permanent establishment is a fixed place of business through which a company carries on its activities in another country.
The concept is important in international taxation and double taxation agreements.
Examples include branches, offices, factories, workshops, mines, or building sites.
A foreign company with a permanent establishment in the UK may be subject to UK tax on profits arising there.
The definition commonly follows the model adopted by the Organisation for Economic Co-operation and Development.
A permanent establishment is a fixed place of business through which a company carries on its activities in another country.
The concept is important in international taxation and double taxation agreements.
Examples include branches, offices, factories, workshops, mines, or building sites.
A foreign company with a permanent establishment in the UK may be subject to UK tax on profits arising there.
The definition commonly follows the model adopted by the Organisation for Economic Co-operation and Development.
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KembaraXtra – Legal Terms – Perpetual Injunction
A perpetual injunction is a final court order permanently restraining a person from certain conduct.
It is granted after the court has fully heard and determined the dispute.
The injunction remains in force indefinitely unless varied or discharged by the court.
Perpetual injunctions are commonly used to prevent ongoing breaches of rights or repeated wrongful acts.
Failure to comply with such an injunction may amount to contempt of court.
A perpetual injunction is a final court order permanently restraining a person from certain conduct.
It is granted after the court has fully heard and determined the dispute.
The injunction remains in force indefinitely unless varied or discharged by the court.
Perpetual injunctions are commonly used to prevent ongoing breaches of rights or repeated wrongful acts.
Failure to comply with such an injunction may amount to contempt of court.
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KembaraXtra – Legal Terms – Perpetuation of Testimony
Perpetuation of testimony was a legal procedure used to preserve evidence in civil cases before a trial began.
The procedure was mainly used where there was a risk that important evidence might later become unavailable.
Examples included situations where a witness was elderly, seriously ill, or likely to die before proceedings commenced.
The testimony would be formally recorded for possible future use in litigation.
The procedure is now obsolete and is no longer generally used in modern civil practice.
Perpetuation of testimony was a legal procedure used to preserve evidence in civil cases before a trial began.
The procedure was mainly used where there was a risk that important evidence might later become unavailable.
Examples included situations where a witness was elderly, seriously ill, or likely to die before proceedings commenced.
The testimony would be formally recorded for possible future use in litigation.
The procedure is now obsolete and is no longer generally used in modern civil practice.
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KembaraXtra – Legal Terms – Perfect Gift
A perfect gift is a gift in which ownership of the property has been fully transferred from the donor to the donee.
Once perfected, the gift becomes legally complete and irrevocable.
Equity generally will not assist in completing an imperfect gift.
A mere promise to make a gift is usually unenforceable because no consideration is given.
The doctrine is closely linked to principles governing trusts and voluntary transfers.
A perfect gift is a gift in which ownership of the property has been fully transferred from the donor to the donee.
Once perfected, the gift becomes legally complete and irrevocable.
Equity generally will not assist in completing an imperfect gift.
A mere promise to make a gift is usually unenforceable because no consideration is given.
The doctrine is closely linked to principles governing trusts and voluntary transfers.