Social contract
What are the vitiating elements of valid a contract?
The vitiating factors or elements are misrepresentation, duress, undue influence and certain forms of mistake.
Usage: The person claimed that they were operating under a mistake of law and this vitiating factor allowed the person to rescind the contract.
What is the legal definition of obligation?
Anything that you have to do by law. To drive a car, by law you must have a license. It is a legal obligation. You are legally obliged to have a driving license to drive a car.
What are examples of defamation?
Defamation includes making false and derogatory accusations against someone, either directly or implicitly (innuendo). It includes such statements both when made orally (slander) and in writing (libel).
It is unlawful to publish defamatory statements, so it would be impossible to legally give real examples. However, since it is impossible to defame a fictional character, it would not be defamatory to say that Lord Greystoke was raised by apes, since that would be true, but it would be defamatory to say that he was a cannibal, since that is not only untrue but also derogatory (it would expose him to contempt or ridicule).
Why have tribunals been established?
The first recorded instances were in the days of the Roman Empire. So named because these hearings/trials were conducted in front of a Roman Tribune, a government official appointed by the Emperor.
What is the meaning of successor-in-interest?
A successor in interest is someone who follows another in owning or controlling property. They retain the same rights as the original owner. For example:
What is the final decision of an arbitrator called?
The final decision of an arbitrator is called a ruling.
The final decision of an arbitrator is called an award.
it is a thing that are need for something that may exist by the Law.
What is the word autocratic supposed to mean?
a government where a person has unlimited authority over others, related to autocrat and autocracy
What is the meaning of the term mortgage?
United States
A mortgage is commonly understood to be a loan secured by real estate.
The more formal definition in a title theory state is as follows:
The conveyance of title, although conditional, is the operational factor. The lender holds the legal title but the borrower has possession as long as they meet the terms of the loan. The mortgagor has the legal right to have the mortgage released upon the payment of the debt or fulfillment of the performance according to the stipulated terms. The mortgage must be recorded in the land records and constitutes an encumbrance on the title until the loan is paid and the mortgage is discharged by the mortgagee of record.
Contrast the operation of a mortgage in a lien theory state. The more formal definition is as follows:
Some states use elements of both and some states use the deed of trust system which is not addressed here.
tort
Can a 16 year old bus a table where alcohol is served?
Whether a 16-year-old can bus a table where alcohol is served depends on local laws and regulations. In some places, minors are allowed to work in restaurants and serve non-alcoholic beverages, but they may be restricted from direct involvement with alcohol. It's important to check the specific labor laws in the jurisdiction in question, as they can vary widely. Additionally, individual establishments may have their own policies regarding minors working in areas where alcohol is present.
What are the rules of interpretation?
== == They are rules used by the courts to interpret the meaning of an Act.They are necessary because the meanings of an Act can be unclear, and these "rules" are used to make a judge's task of reaching a clear understanding of an Act, much easier.
There are four rules: # The literal rule # The Golden rule # The Mischief rule # The Purposive approach
What is the difference between a formally defined crime and a materially defined crime?
Formally defined crimes:
Definitional elements proscribe a certain type of conduct irrespective of the result, i.e. rape, perjury, possession of drugs, driving negligently
Materially defined crimes: (result crimes/consequence crimes)
Definitional elements do not proscribe a specific conduct, but any conduct which causes a specific condition, i.e. murder, arson, culpable homicide. The act results in a certain condition, such as death of a person. Thus X's act causes the condition of Y, being death etc…
Tort law allows an individual who has been hurt in some way by someone else's negligence, carelessness, or malice. Intentional torts apply to the malice part of that equation. While most tort cases involve negligent act that result in injury, for intentional torts, the punishment can be more severe and you must prove-in addition to the four main elements of tort law-that the defendant caused the injury or financial harm on purpose.
How is obligation extinguished?
Obligation is extinguished by fulfilling the obligation as promised or as required.
A common law notary public is a public officer appointed by law to serve the public by taking acknowledgments of the signers of such legal documents as deeds, mortgages, agreements and Wills. If a document has been notarized that means it carries the acknowledgment of a notary public at the end of the document. Generally, the notary confirms the identity of the signer, witnesses the signing of the document, confirms the signer is acting of their own free will and dates the acknowledgment.
What legal definition was provided by the court case Plessy v Ferguson?
The decision in Plessy v. Ferguson, (1896) affirmed the "separate but equal" doctrine.
What is a amended judgment means?
This is when a court amends (or makes clearer by some change in wording) a judgment when the original judgment has ambiguities or other confusing wording that may cause the actual intent of the judgment to be seen in a different way. It is basically to clear up any confusion or make clear the intent of the original judgment.
What is a crime against the state?
It is generally used to describe a serious offense (e.g.: such as treason) committed against a national government.
However in its 'looser' meaning it can be used to describe ANY offense against the statutes, or any law, passed by a state legislature or the national government.
When you commit a serious offense against an individual - although they are the "victim," "complainant," or "complaining witness" - you have actually committed a crime against the laws of the state and it is "the state" (in the person of the prosecutor) who will prosecute the charge against you.
What is the definition of a corporate sector organization?
The corporate sector organization is a place where the people have to meet the corporate delegates for their business purpose.
What does it mean when a sentence probation is revoked?
The judge reviews the probationer's supervison history and violations and determines if the offender's probation should be revoked or modified. Revoked usually means a period of incarceration.
What is the difference between false oath and perjury?
Under common law a false oath is willfully giving a sworn statement without a sincere belief that it is truthful. For example: giving false statements on an application for marriage license. The laws vary in different jurisdictions. In some jurisdictions it would constitute a common law misdemeanor.
Generally, a false statement would constitute perjury if committed in a judicial proceeding.
The two were generally separate offenses but some jurisdictions have combined them as different degrees of the same offense which is categorized loosely as perjury.