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Legal Terms - extrinsic evidence (parol evidence)
Evidence that pertains to incidents that are referenced in a document but are not in the document itself. In general, extrinsic evidence is not admissible to contradict or modify the terms of a written document, such as a judicial record or a contract. However, it may be admissible in cases where there are allegations of fraud, illegality, or error. Extrinsic evidence may also be admissible to facilitate the interpretation of a document.
Evidence that pertains to incidents that are referenced in a document but are not in the document itself. In general, extrinsic evidence is not admissible to contradict or modify the terms of a written document, such as a judicial record or a contract. However, it may be admissible in cases where there are allegations of fraud, illegality, or error. Extrinsic evidence may also be admissible to facilitate the interpretation of a document.
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Legal Terms - ex turpi causa non oritur actio
[Latin: no action may be justified by an unsavory cause]
The principle that the courts may decline to enforce a claim that is the result of the claimant's own illicit or immoral conduct or transactions. Consequently, parties who have knowingly entered into an illegal contract may be unable to enforce it, and an individual who is injured by a fellow criminal while they are jointly committing a severe crime may not be able to sue for damages.
[Latin: no action may be justified by an unsavory cause]
The principle that the courts may decline to enforce a claim that is the result of the claimant's own illicit or immoral conduct or transactions. Consequently, parties who have knowingly entered into an illegal contract may be unable to enforce it, and an individual who is injured by a fellow criminal while they are jointly committing a severe crime may not be able to sue for damages.
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Legal Terms - Eyewitness
A witness who has personally observed the event to which they are testifying.
A witness who has personally observed the event to which they are testifying.
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Legal Terms - Fact
An event or state of affairs that is acknowledged to have occurred or existed. It may be distinguished from law (as in *trier of fact) or, in the law of evidence, from opinion (see opinion evidence). The facts at issue are the primary facts that a party bearing the persuasive burden of proof must establish in order to succeed, such as the elements of the offense or components of the cause of action. In a broader context, they may encompass subordinate or collateral facts, such as those that influence the credibility of a witness or the admissibility of evidence.
An event or state of affairs that is acknowledged to have occurred or existed. It may be distinguished from law (as in *trier of fact) or, in the law of evidence, from opinion (see opinion evidence). The facts at issue are the primary facts that a party bearing the persuasive burden of proof must establish in order to succeed, such as the elements of the offense or components of the cause of action. In a broader context, they may encompass subordinate or collateral facts, such as those that influence the credibility of a witness or the admissibility of evidence.
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Legal Terms - Factor
A person who is authorized to possess goods (or documents of title that represent goods) for the purpose of sale. It is probable that a factor will be classified as a *mercantile agent under the Factors Act 1889 and possess the same powers as a mercantile agent. Any claims against the principal that arise out of the agency are covered by the lien that a factor has over the products entrusted to him.
A person who is authorized to possess goods (or documents of title that represent goods) for the purpose of sale. It is probable that a factor will be classified as a *mercantile agent under the Factors Act 1889 and possess the same powers as a mercantile agent. Any claims against the principal that arise out of the agency are covered by the lien that a factor has over the products entrusted to him.
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Legal Terms - ex post facto
[Latin: by a subsequent act] Describing any legal act, such as a statute, that has retrospective effect.
[Latin: by a subsequent act] Describing any legal act, such as a statute, that has retrospective effect.
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Legal Terms – exposure
A person is culpable of exposure under the Sexual Offences Act 2003 (s 66) if they intentionally expose their genitals with the intention that someone else will be alarmed or distressed. This will typically exclude activities such as public protests, "streaking," or nude swimming or sunbathing. Nevertheless, the common-law offense of indecent exposure may be committed if the exposure (by a man or a woman) exceeds the generally accepted standards of decency and at least two individuals could have viewed it, even if it is impossible to prove that anyone actually saw the exposure or was offended by it. Public nudity may also constitute an offense in accordance with the Public Order Act 1986 (section 5).
A person is culpable of exposure under the Sexual Offences Act 2003 (s 66) if they intentionally expose their genitals with the intention that someone else will be alarmed or distressed. This will typically exclude activities such as public protests, "streaking," or nude swimming or sunbathing. Nevertheless, the common-law offense of indecent exposure may be committed if the exposure (by a man or a woman) exceeds the generally accepted standards of decency and at least two individuals could have viewed it, even if it is impossible to prove that anyone actually saw the exposure or was offended by it. Public nudity may also constitute an offense in accordance with the Public Order Act 1986 (section 5).
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Legal Terms - expressio unius est exclusio alterius
[Latin: the inclusion of one is the exclusion of the other]
[Latin: the inclusion of one is the exclusion of the other]
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Legal Terms – express Terms
A contractual clause, mutually accepted by the parties, that may be either documented or verbalized. This clause may be categorized as a condition, a warranty, or an innominate term.
A contractual clause, mutually accepted by the parties, that may be either documented or verbalized. This clause may be categorized as a condition, a warranty, or an innominate term.
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Legal Terms – Express Trust
A trust established explicitly by the settlor, by directly articulating the intention to create a trust. Formal language is unnecessary if the purpose to establish a trust is evident from the documents or the settlor's spoken declarations; yet, the majority of express trusts are articulated in professionally crafted documents. If the trust property involves land, written documentation is required for the trust to be enforceable, as stipulated by section 53(1)(b) of the Law of Property Act. To establish an express trust, it is essential to fulfill the "three certainties" as outlined in Knight v Knight (1849) 3 Beav 148: certainty of intention, certainty of subject matter, and certainty of objects (beneficiaries).
A trust established explicitly by the settlor, by directly articulating the intention to create a trust. Formal language is unnecessary if the purpose to establish a trust is evident from the documents or the settlor's spoken declarations; yet, the majority of express trusts are articulated in professionally crafted documents. If the trust property involves land, written documentation is required for the trust to be enforceable, as stipulated by section 53(1)(b) of the Law of Property Act. To establish an express trust, it is essential to fulfill the "three certainties" as outlined in Knight v Knight (1849) 3 Beav 148: certainty of intention, certainty of subject matter, and certainty of objects (beneficiaries).
