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Legal Terms - Extraordinary Rendition
A term used to describe the extrajudicial transfer of individuals from one state to another. The term originated in connection with the United States' practice of transferring suspected terrorists to countries that are known to torture detainees or to employ harsh interrogation techniques that may escalate to the level of torture. These methods would be classified as illegal under US federal law. Additionally, the practice violates international treaty obligations, including the European Convention on Human Rights 1950 (as incorporated into UK law by the Human Rights Act 1998 and the Criminal Justice Act 1988), in addition to the widely recognized *jus cogens rule against torture in public international law. The UN Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment contains the most explicit provision on extraordinary rendition. As stated in Article 3, no state party is required to "expel, return ('refouler') or extradite a person to another State where there are substantial grounds for believing that he would be in danger of being subjected to torture." The British government has consistently denied any knowledge or involvement in the transportation of approximately 200 terrorist suspects for torture in covert camps abroad, despite persistent claims that the CIA used British airports.
A term used to describe the extrajudicial transfer of individuals from one state to another. The term originated in connection with the United States' practice of transferring suspected terrorists to countries that are known to torture detainees or to employ harsh interrogation techniques that may escalate to the level of torture. These methods would be classified as illegal under US federal law. Additionally, the practice violates international treaty obligations, including the European Convention on Human Rights 1950 (as incorporated into UK law by the Human Rights Act 1998 and the Criminal Justice Act 1988), in addition to the widely recognized *jus cogens rule against torture in public international law. The UN Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment contains the most explicit provision on extraordinary rendition. As stated in Article 3, no state party is required to "expel, return ('refouler') or extradite a person to another State where there are substantial grounds for believing that he would be in danger of being subjected to torture." The British government has consistently denied any knowledge or involvement in the transportation of approximately 200 terrorist suspects for torture in covert camps abroad, despite persistent claims that the CIA used British airports.
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Legal Terms – extraterritoriality
It is a theory in international law that explains diplomatic immunity by positing that the premises of a foreign mission are a part of the transmitting state's territory. English law does not recognize this theory; consequently, a divorce granted in a foreign embassy in England is not recognized outside of the British Isles for the purposes of the Recognition of Divorces Act 1971. Diplomatic immunity is either predicated on the theory that the diplomatic mission embodies the immunities of the sending state and is entitled to them, or on the practical necessity of such immunity for diplomacy.
It is a theory in international law that explains diplomatic immunity by positing that the premises of a foreign mission are a part of the transmitting state's territory. English law does not recognize this theory; consequently, a divorce granted in a foreign embassy in England is not recognized outside of the British Isles for the purposes of the Recognition of Divorces Act 1971. Diplomatic immunity is either predicated on the theory that the diplomatic mission embodies the immunities of the sending state and is entitled to them, or on the practical necessity of such immunity for diplomacy.
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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]
