LAW

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KembaraXtra – Legal Terms – Jus Soli


Jus soli, meaning “right of the soil,” is the principle that nationality is determined by place of birth. Under this rule, a person born within a country’s territory automatically acquires that country’s citizenship.


Many modern legal systems use a combination of jus soli and jus sanguinis to determine nationality. This approach helps address complex situations involving migration and dual citizenship, ensuring a fair and practical allocation of nationality rights.
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KembaraXtra – Legal Terms – Jus Sanguinis
Jus sanguinis, meaning “right of blood,” is the principle that a person’s nationality is determined by the nationality of their parents rather than their place of birth.
This principle is used in many countries and can result in individuals holding multiple nationalities if combined with other systems. It plays a key role in nationality laws and in resolving issues of citizenship across different jurisdictions.

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KembaraXtra – Legal Terms – Jus Quaesitum Tertio


Jus quaesitum tertio refers to the principle that contracts generally do not create rights for third parties. Only those who are parties to a contract can enforce it.


However, this rule has been modified by legislation such as the Contracts (Rights of Third Parties) Act 1999, which allows third parties to enforce certain contractual terms. Additionally, trusts can also be used to confer rights on third parties.
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KembaraXtra – Legal Terms – Jus Naturale
Jus naturale, or natural law, refers to universal principles of justice that are considered inherent and not dependent on human legislation. It suggests that certain rights and moral values exist independently of enacted laws.
Natural law has influenced many legal systems and theories, particularly in areas such as human rights. It emphasizes fairness, morality, and justice as guiding principles for legal development.

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KembaraXtra – Legal Terms – Jus in Re Aliena


Jus in re aliena means a right over the property of another person. It includes rights such as easements, leases, and mortgages.


This concept contrasts with ownership rights, as the person does not own the property but has certain legal interests in it. Such rights are essential in property law, allowing individuals to benefit from or use property they do not own.
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KembaraXtra – Legal Terms – Jus Gentium
Jus gentium, meaning “law of nations,” refers to the body of law governing relationships between states. It is now commonly understood as international law.
Historically rooted in Roman law, it was used to regulate dealings between citizens and foreigners. Today, it encompasses treaties, customs, and principles that guide international relations and cooperation among states.

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KembaraXtra – Legal Terms – Juvenile Offender
A juvenile offender is a person aged between 10 and 17 who has committed a criminal offence. Within this category, individuals aged 14 to 17 are sometimes specifically referred to as young offenders. The law treats juveniles differently from adults, recognizing their reduced maturity and focusing more on rehabilitation than punishment.

Juveniles are generally tried in youth courts or magistrates’ courts, except in serious cases such as homicide or grave violent or sexual offences, where trial on indictment may occur. They cannot be sentenced to imprisonment; instead, they may receive a detention and training order, combining custody and community supervision. The legal framework governing juvenile offenders emphasizes reform, education, and reintegration into society, rather than purely punitive measures.

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KembaraXtra – Legal Terms – Keep the Peace
To keep the peace means to act in a manner that does not cause or threaten a disturbance of public order. Courts, particularly magistrates’ courts, have the authority to require individuals to enter into recognizances or be “bound over” to maintain peace.
This order may be imposed either following a criminal charge or upon complaint by a member of the public if there is evidence of a potential breach of the peace. If a person refuses to comply, they may face imprisonment, even without having committed a criminal offence. The concept serves as a preventive legal tool to maintain public order and safety.

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KembaraXtra – Legal Terms – Just Satisfaction
Just satisfaction is the basis upon which damages are awarded by the European Court of Human Rights when a violation of rights is found. It is also relevant under the Human Rights Act 1998.
In many cases, the court may decide that simply recognizing the violation is sufficient compensation. However, where appropriate, damages may be awarded for financial loss, emotional harm, and legal costs. The amounts awarded are generally modest compared to domestic courts, reflecting the court’s focus on recognition of rights rather than financial compensation.

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