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Legal Terms - case management conference (CMC)
Under the *Civil Procedure Rules, a central feature of *case management at which the judge reviews the progress of the case preparation, including the degree of compliance with *Practice Directions and *pre-action protocols. Legal representatives who are to attend the trial should normally attend this hearing and the judge is able to make further directions as are considered necessary. A CMC may be either an oral hearing, or if specifically directed, via telephone conference. A case management conference may also be used in some family cases.
Under the *Civil Procedure Rules, a central feature of *case management at which the judge reviews the progress of the case preparation, including the degree of compliance with *Practice Directions and *pre-action protocols. Legal representatives who are to attend the trial should normally attend this hearing and the judge is able to make further directions as are considered necessary. A CMC may be either an oral hearing, or if specifically directed, via telephone conference. A case management conference may also be used in some family cases.
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Legal Terms - case stated
An official document containing the factual findings made by a magistrates' court or tribunal, which is then presented to the Divisional Court for their legal opinion on any matters of law or jurisdiction involved. Any individual who participated in the legal proceedings or is adversely affected by the decision has the right to petition the court or tribunal to provide a written summary of the case.
An official document containing the factual findings made by a magistrates' court or tribunal, which is then presented to the Divisional Court for their legal opinion on any matters of law or jurisdiction involved. Any individual who participated in the legal proceedings or is adversely affected by the decision has the right to petition the court or tribunal to provide a written summary of the case.
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Legal Terms – Casus Belli
Casus belli, which is Latin meaning "occasion for war," An occurrence that leads to the outbreak of war or is utilized as a justification for war. The sole valid reason for initiating war is an unjustified assault that requires self-defense by the targeted party.
Casus belli, which is Latin meaning "occasion for war," An occurrence that leads to the outbreak of war or is utilized as a justification for war. The sole valid reason for initiating war is an unjustified assault that requires self-defense by the targeted party.
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Legal Terms – Casus Foederis
Casus foederis is a Latin term that translates to "case for the alliance." The event that triggers the obligation of one ally to provide support to the other. In the context of a defensive alliance, the casus foederis arises when one of the allies is subjected to a declaration or initiation of war. Alliances treaties frequently establish a clear definition of the specific incident that will trigger the casus foederis. Nevertheless, some alliances have been established without a clear and specific definition, resulting in disagreements between the involved parties over the actual occurrence of the casus foederis.
Casus foederis is a Latin term that translates to "case for the alliance." The event that triggers the obligation of one ally to provide support to the other. In the context of a defensive alliance, the casus foederis arises when one of the allies is subjected to a declaration or initiation of war. Alliances treaties frequently establish a clear definition of the specific incident that will trigger the casus foederis. Nevertheless, some alliances have been established without a clear and specific definition, resulting in disagreements between the involved parties over the actual occurrence of the casus foederis.
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Legal Terms – Casus Omissus
casus omissus is a Latin term. An instance that is not covered by customary legal principles or legislation; a void in the legal framework. In order to grasp the importance of this crucial principle, it is essential to remember its full language, which is Casus omissus pro omisso habendus est, meaning "A case (or class of cases) that has been left out should be considered as intentionally left out." Therefore, the courts will assume that if Parliament left out a reference, it was not an oversight but a purposeful action. This is a principle that must be followed while analyzing legislation and determining if they are relevant to similar instances not explicitly included in the statutes. An example of this can be seen in the case of Fisher v Bell [1961] QB 394, 400, where Lord Parker CJ examined the prosecution of Mr Bell for "offering for sale" a flick knife, which was forbidden by Section 1(1) of the Restriction of Offensive Weapons Act 1959. Nevertheless, in the realm of contract law, it is the customer, rather than the shop, who extends the offer. Therefore, the police's prosecution was unsuccessful. Lord Parker expressed his complete comprehension of Parliament's intended objective under the Act, sometimes known as its purpose. Nevertheless, there is a legal principle that Parliament, when creating laws, is presumed to have knowledge of the existing common law principles. Furthermore, it is not the role of the courts to "address the deficiencies" when Parliament makes mistakes, especially when the law in question is related to punishment. In the subsequent year, the statute was modified to specify "display for sale".
casus omissus is a Latin term. An instance that is not covered by customary legal principles or legislation; a void in the legal framework. In order to grasp the importance of this crucial principle, it is essential to remember its full language, which is Casus omissus pro omisso habendus est, meaning "A case (or class of cases) that has been left out should be considered as intentionally left out." Therefore, the courts will assume that if Parliament left out a reference, it was not an oversight but a purposeful action. This is a principle that must be followed while analyzing legislation and determining if they are relevant to similar instances not explicitly included in the statutes. An example of this can be seen in the case of Fisher v Bell [1961] QB 394, 400, where Lord Parker CJ examined the prosecution of Mr Bell for "offering for sale" a flick knife, which was forbidden by Section 1(1) of the Restriction of Offensive Weapons Act 1959. Nevertheless, in the realm of contract law, it is the customer, rather than the shop, who extends the offer. Therefore, the police's prosecution was unsuccessful. Lord Parker expressed his complete comprehension of Parliament's intended objective under the Act, sometimes known as its purpose. Nevertheless, there is a legal principle that Parliament, when creating laws, is presumed to have knowledge of the existing common law principles. Furthermore, it is not the role of the courts to "address the deficiencies" when Parliament makes mistakes, especially when the law in question is related to punishment. In the subsequent year, the statute was modified to specify "display for sale".
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Legal Terms - catching bargain (unconscionable bargain)
An agreement with highly inequitable conditions. An instance of this is when someone who anticipates inheriting a property sells their future interest in it at a significantly lower price, due to their urgent financial situation. A court with equitable jurisdiction has the authority to invalidate or alter such a contract.
An agreement with highly inequitable conditions. An instance of this is when someone who anticipates inheriting a property sells their future interest in it at a significantly lower price, due to their urgent financial situation. A court with equitable jurisdiction has the authority to invalidate or alter such a contract.
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Legal Terms - Care Quality Commission for England
The Health and Social Care Act 2008 established an autonomous organization responsible for overseeing and regulating health and adult social care services in England. The Commission assumed the responsibilities of three previously established entities: the Healthcare Commission, the Mental Health Act Commission, and the Commission for Social Care Inspection, all of which were eliminated by the Act.
The Health and Social Care Act 2008 established an autonomous organization responsible for overseeing and regulating health and adult social care services in England. The Commission assumed the responsibilities of three previously established entities: the Healthcare Commission, the Mental Health Act Commission, and the Commission for Social Care Inspection, all of which were eliminated by the Act.
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Legal Terms - carer’s allowance
A taxable benefit, as stipulated by the Social Security Acts, that is provided to individuals of working age who are not employed due to their regular and significant involvement in caring for a severely disabled family member. Prior to 2003, it was referred to as the invalid care allowance.
A taxable benefit, as stipulated by the Social Security Acts, that is provided to individuals of working age who are not employed due to their regular and significant involvement in caring for a severely disabled family member. Prior to 2003, it was referred to as the invalid care allowance.
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Legal Terms - Cargo
Cargo refers to the goods that are transported by a ship or airplane, excluding the personal belongings of passengers. Typically (although not only in reference to insurance), the term "cargo" refers to all the goods carried on a ship. In a ship's charterparty, the payment owed to the shipowner is often determined by multiplying the rate per tonne of cargo by the total cargo weight. Unless there is a different agreement in place, the responsibility of the charterer is to supply a cargo that is whole and comprehensive. If the charterer fails to do so, they are responsible for paying damages referred to as dead freight.
Cargo refers to the goods that are transported by a ship or airplane, excluding the personal belongings of passengers. Typically (although not only in reference to insurance), the term "cargo" refers to all the goods carried on a ship. In a ship's charterparty, the payment owed to the shipowner is often determined by multiplying the rate per tonne of cargo by the total cargo weight. Unless there is a different agreement in place, the responsibility of the charterer is to supply a cargo that is whole and comprehensive. If the charterer fails to do so, they are responsible for paying damages referred to as dead freight.
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Legal Terms - The Carltona principle
The principle of public officials being able to carry out various responsibilities on behalf of a government minister without requiring explicit delegation of those functions. The notion originates from legal precedents (Carltona v Commissioner of Works [1943] 2 All ER 560 (CA)) and pertains to the delegation of duties by civil workers in devolved administrations on behalf of the political leaders of those administrations.
The principle of public officials being able to carry out various responsibilities on behalf of a government minister without requiring explicit delegation of those functions. The notion originates from legal precedents (Carltona v Commissioner of Works [1943] 2 All ER 560 (CA)) and pertains to the delegation of duties by civil workers in devolved administrations on behalf of the political leaders of those administrations.
