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Legal Terms - effective remedy
A right specified in Article 13 of the *European Convention on Human Rights, however not immediately integrated by the *Human Rights Act 1998. The Article mandates that the state must establish systems that offer effective remedies for infringements and plausible allegations of infringements of other rights enshrined in the Convention. This article mandates that such mechanisms and procedures ascertain any allegations and facilitate remedies for any substantiated violations.
A right specified in Article 13 of the *European Convention on Human Rights, however not immediately integrated by the *Human Rights Act 1998. The Article mandates that the state must establish systems that offer effective remedies for infringements and plausible allegations of infringements of other rights enshrined in the Convention. This article mandates that such mechanisms and procedures ascertain any allegations and facilitate remedies for any substantiated violations.
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Legal Terms - effects doctrine
The jurisdiction of a state is often limited to its territorial boundaries. In the realm of economic regulation, particularly with anti-monopoly legislation, US courts have demonstrated a propensity to extend domestic laws outside geographical limits. U.S. tribunals, as exemplified in US v Watchmakers of Switzerland Information Center Inc 133 F Supp 40 (1955), have embraced the perspective that when foreign activities yield consequences or effects within the United States that contravene domestic law, U.S. courts possess the authority to issue orders mandating the disposition of patent rights and other assets belonging to foreign corporations. The Court of Justice of the European Union has implemented a comparable concept for corporate subsidiaries (A Ahlstom Oy v Commission [1988] ECR 5193 (Woodpulp Case)).
The jurisdiction of a state is often limited to its territorial boundaries. In the realm of economic regulation, particularly with anti-monopoly legislation, US courts have demonstrated a propensity to extend domestic laws outside geographical limits. U.S. tribunals, as exemplified in US v Watchmakers of Switzerland Information Center Inc 133 F Supp 40 (1955), have embraced the perspective that when foreign activities yield consequences or effects within the United States that contravene domestic law, U.S. courts possess the authority to issue orders mandating the disposition of patent rights and other assets belonging to foreign corporations. The Court of Justice of the European Union has implemented a comparable concept for corporate subsidiaries (A Ahlstom Oy v Commission [1988] ECR 5193 (Woodpulp Case)).
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Legal Terms - eggshell skull rule
The principle that a tortfeasor cannot object if the injuries they inflicted are more severe than anticipated due to the victim's pre-existing vulnerability, such as an exceptionally fragile skull. A tortfeasor is obligated to accept the victim's condition as it exists (Smith v Leech Brain & Co Ltd [1962] 2 QB 405). Trust among individuals aged 18 to 25 A trust created for the advantage of a minor, who gains full entitlement to the trust assets on or before their 25th birthday. An 18–25 trust may now solely be established by the intention of the young person's parent or step-parent (before to April 2008, it could also be formed by converting an existing discretionary trust). The trust is liable for inheritance tax (i) at settlement; (ii) when any distribution is granted to a beneficiary over 18 years of age; and (iii) when the beneficiary attains absolute entitlement, also being above 18 years of age.
The principle that a tortfeasor cannot object if the injuries they inflicted are more severe than anticipated due to the victim's pre-existing vulnerability, such as an exceptionally fragile skull. A tortfeasor is obligated to accept the victim's condition as it exists (Smith v Leech Brain & Co Ltd [1962] 2 QB 405). Trust among individuals aged 18 to 25 A trust created for the advantage of a minor, who gains full entitlement to the trust assets on or before their 25th birthday. An 18–25 trust may now solely be established by the intention of the young person's parent or step-parent (before to April 2008, it could also be formed by converting an existing discretionary trust). The trust is liable for inheritance tax (i) at settlement; (ii) when any distribution is granted to a beneficiary over 18 years of age; and (iii) when the beneficiary attains absolute entitlement, also being above 18 years of age.
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Legal Terms – ei qui affirmat, non ei qui negat, incumbit probatio
The burden of proof lies with the one who asserts, not with the one who denies. The burden of proof rests on the claimant, not the skeptic. The rule is established because the negative cannot be directly and simply shown as the affirmative can.
The burden of proof lies with the one who asserts, not with the one who denies. The burden of proof rests on the claimant, not the skeptic. The rule is established because the negative cannot be directly and simply shown as the affirmative can.
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Legal Terms - ejusdem generis
[Latin: of the same nature]
[Latin: of the same nature]
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Legal Terms - Election
1. The procedure of selecting a representative through voting for a legislative body, such as the House of Commons or a municipal authority. A general election for the House of Commons occurs when the sovereign dissolves Parliament and convenes a new one, encompassing all UK constituencies; a by-election is conducted when a specific seat falls empty, such as due to the death of the incumbent member, during the Parliament's term. Local government elections, excluding those for occasional vacancies, occur at mandated intervals (see to local authority). The administration of elections is governed by the Representation of the People Acts of 1983 and 1985. The Representation of the People Act 2000 included modifications to electoral registration and absentee voting, and permitted trials of novel electoral methodologies. Additional modifications facilitate voting for individuals with disabilities and establish a penal offense for providing incorrect information on a nomination form. Voting is confidential and typically conducted in person; however, any voter may request a postal ballot without the necessity of providing a justification. The sole prerequisite is that the application is listed in the Register of Electors. In June 2021, the government proposed an Elections Bill mandating that voters present picture identification to participate in elections for the Westminster Parliament and local elections in England, excluding elections for the Scottish and Welsh Parliaments and municipal elections in Scotland and Wales. Applications for a specific election must be submitted to the Electoral Registration Officer six working days before to the election. Distinct regulations are applicable in Northern Ireland. Disputes about the legitimacy of the election of a Member of Parliament or a local government councillor are addressed through an election petition, adjudicated by an election court comprised of two High Court justices. Refer to franchise; free elections.
2. A doctrine of equity, frequently utilized in relation to wills, grounded in the premise that an individual must either accept both the advantages and obligations of a single document or reject both. It occurs when a single document contains two gifts: one transferring A's (the creator's) property to B, and another transferring B's property to C. B must decide whether to accept A's property as a gift and transfer his own property to C, or to decline both presents.
1. The procedure of selecting a representative through voting for a legislative body, such as the House of Commons or a municipal authority. A general election for the House of Commons occurs when the sovereign dissolves Parliament and convenes a new one, encompassing all UK constituencies; a by-election is conducted when a specific seat falls empty, such as due to the death of the incumbent member, during the Parliament's term. Local government elections, excluding those for occasional vacancies, occur at mandated intervals (see to local authority). The administration of elections is governed by the Representation of the People Acts of 1983 and 1985. The Representation of the People Act 2000 included modifications to electoral registration and absentee voting, and permitted trials of novel electoral methodologies. Additional modifications facilitate voting for individuals with disabilities and establish a penal offense for providing incorrect information on a nomination form. Voting is confidential and typically conducted in person; however, any voter may request a postal ballot without the necessity of providing a justification. The sole prerequisite is that the application is listed in the Register of Electors. In June 2021, the government proposed an Elections Bill mandating that voters present picture identification to participate in elections for the Westminster Parliament and local elections in England, excluding elections for the Scottish and Welsh Parliaments and municipal elections in Scotland and Wales. Applications for a specific election must be submitted to the Electoral Registration Officer six working days before to the election. Distinct regulations are applicable in Northern Ireland. Disputes about the legitimacy of the election of a Member of Parliament or a local government councillor are addressed through an election petition, adjudicated by an election court comprised of two High Court justices. Refer to franchise; free elections.
2. A doctrine of equity, frequently utilized in relation to wills, grounded in the premise that an individual must either accept both the advantages and obligations of a single document or reject both. It occurs when a single document contains two gifts: one transferring A's (the creator's) property to B, and another transferring B's property to C. B must decide whether to accept A's property as a gift and transfer his own property to C, or to decline both presents.
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Legal Terms – Elective Resolution
Previously, a resolution by all members of a private company to forgo adherence to certain stipulations of the Companies Act 1985, such as conducting an annual general meeting. The Companies Act 2006 eliminated the necessity for such a resolution.
Previously, a resolution by all members of a private company to forgo adherence to certain stipulations of the Companies Act 1985, such as conducting an annual general meeting. The Companies Act 2006 eliminated the necessity for such a resolution.
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Legal Terms – Ecclesiastical Court
Courts tasked with the administration of the ecclesiastical law of the Church of England. The judicial system includes consistory courts for each diocese to enforce clerical discipline; the Court of Arches and the Chancery Court of York, which adjudicate appeals from consistory courts within their provinces; the Judicial Committee of the Privy Council, which addresses appeals from provincial courts on issues excluding doctrine, ritual, or ceremonial matters; and the Court of Ecclesiastical Causes Reserved.
Courts tasked with the administration of the ecclesiastical law of the Church of England. The judicial system includes consistory courts for each diocese to enforce clerical discipline; the Court of Arches and the Chancery Court of York, which adjudicate appeals from consistory courts within their provinces; the Judicial Committee of the Privy Council, which addresses appeals from provincial courts on issues excluding doctrine, ritual, or ceremonial matters; and the Court of Ecclesiastical Causes Reserved.
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Legal Terms – ecolabel
A label featuring the EU logo, designated for items that adhere to environmental standards outlined in certain regulations.
A label featuring the EU logo, designated for items that adhere to environmental standards outlined in certain regulations.
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Legal Terms -Economic analysis of Law
A legal theory, sometimes regarded as a contemporary variant of utilitarianism, fundamentally posits that a rational individual will consistently endeavor to maximize personal pleasure; thus, if an individual desires something sufficiently, they will be willing to compensate for it. Richard Posner (1939– ), a prominent proponent of this technique, seeks to illustrate that the evolution of numerous common law principles can be elucidated by this fundamental principle. Judges often resolve challenging issues by selecting a conclusion that optimizes societal wealth. Consequently, in the evolution of negligence law, Posner contends that the assignment of liability typically hinges on economic efficiency. Posner defines "wealth maximization" as a scenario where goods and resources are allocated to individuals who derive the greatest value from them, specifically those who are both willing and able to pay a premium. Society achieves optimal wealth when its resources are distributed to maximize the total value of all transactions. For Posner and other proponents of the Chicago School, this is appropriate; their approach is hence both descriptive and normative.
A legal theory, sometimes regarded as a contemporary variant of utilitarianism, fundamentally posits that a rational individual will consistently endeavor to maximize personal pleasure; thus, if an individual desires something sufficiently, they will be willing to compensate for it. Richard Posner (1939– ), a prominent proponent of this technique, seeks to illustrate that the evolution of numerous common law principles can be elucidated by this fundamental principle. Judges often resolve challenging issues by selecting a conclusion that optimizes societal wealth. Consequently, in the evolution of negligence law, Posner contends that the assignment of liability typically hinges on economic efficiency. Posner defines "wealth maximization" as a scenario where goods and resources are allocated to individuals who derive the greatest value from them, specifically those who are both willing and able to pay a premium. Society achieves optimal wealth when its resources are distributed to maximize the total value of all transactions. For Posner and other proponents of the Chicago School, this is appropriate; their approach is hence both descriptive and normative.
