An action brought by a plaintiff against a defendant based on a claim that the defendant failed to comply with a legal obligation that caused harm to the plaintiff. Fiduciary – A person who has a legal relationship of trust with another person and has a duty to act primarily in the interests of the other: i.e. a guardian, trustee or executor. Void Contract – A contract that has no legal effect and cannot be enforced under any circumstances. For example, a contract to commit an illegal act is null and void. Kangaroo court – a term that describes a mock procedure in which a person`s rights are completely ignored and in which the outcome is won in advance due to the bias of the court or another tribunal. The legal power of a court to hear and decide a particular type of case. It is also used as a synonym for jurisdiction, i.e. the geographical area over which the court has territorial jurisdiction to rule on cases.
Seizure – A court case in which one debtor`s money held by another (called garnishment) is applied to the debtor`s debts, such as when an employer garnishes a debtor`s wages. This argument had some appeal, as the definition of an “agent” in Black`s Law Dictionary is a “person appointed to perform a particular function or role.” Op. ¶43 (cites Black`s Law Dictionary 478 (8th edition 2004)). A written statement filed in court or an appeal that explains a party`s legal and factual arguments. After each candidate had been nominated by a commissioner, he or she made a speech before the first ballot. Status – The legal right to take legal action. Only a person whose legally recognized interest is at stake is entitled to bring an action. With respect to civil actions in “equity” and not in “law”. In English legal history, courts of “law” could order the payment of damages and could offer no other remedy (see damages). A separate “fairness” tribunal could order someone to do something or stop something (e.g., injunction). In U.S. jurisprudence, federal courts have both legal and just power, but the distinction is always important.
For example, a jury trial is generally available in “legal cases,” but not in “fairness” cases. Even if OK Biotech became a legal “successor” to the release received by [Prodigy members] under the release agreement, such release would only be a release of the claims that TaiDoc had against [Prodigy members] – and not a release of the claims that TaiDoc had against OK Biotech at the time of the exit agreement or, in particular, the claims that TaiDoc has asserted against OK Biotech in connection with this action. Joint tenancy – A form of legal co-ownership of property (also known as survival). In the event of the death of a co-owner, the surviving co-owner becomes the sole owner of the property. Renting as a whole is a particular form of joint rental between a man and a woman. All shares of ownership of the debtor at the time of bankruptcy. The estate technically becomes the temporary legal owner of all of the debtor`s assets. A legal procedure to deal with the debt problems of individuals and companies; in particular, a case filed under one of the chapters of title 11 of the United States Code.
Filed in open court – court documents that were included in the record during court proceedings. Acceptance – A clear message that the offer has been accepted. In the case of contracts controlled by the UCC, contracts for the sale of goods do not have to reflect the terms of the offer. For other contracts, acceptance must reflect the terms of the offer, without omising, adding or modifying the terms. In other words, according to UCC, acceptance can change the terms of the offer without becoming a counteroffer. Instructions from a judge to the jury before it begins deliberations on the substantive questions to be answered and the legislation to be applied. Case law – The study of the law and the structure of the legal system. Offer – An expression of willingness to enter into an agreement that is clear and secure in its terms and communicated to the recipient. Upon acceptance, the offer will be converted into a contractual obligation.
Written statements submitted to the court outlining a party`s legal or factual allegations about the case. Capacity to make a will – The legal capacity to make a will. In criminal law, the constitutional guarantee that an accused receives a fair and impartial trial. In civil law, the legal rights of a person who is confronted with an adverse act that threatens liberty or property. A representative of the king will inspect the cloth and seal it with lead to avoid deception. Imprisonment for two or more offences to be served simultaneously and not consecutively. Example: Two five-year prison sentences and a three-year term if served at the same time result in a maximum of five years behind bars. Legal aid – Professional legal services generally available to individuals or organizations who cannot afford such services. Reciprocity – A meeting of the parties on the essential terms of the agreement.
Ex parte proceedings – Legal proceedings in which only one party is present or represented. It is different from the opposing system or procedure and is lawful only in certain circumstances. For example, a hearing for an injunction. Exclusionary rule – The rule that prevents illegally obtained evidence, such as property found during an illegal search, from being used in legal proceedings. Party – A person, company, organization, or government agency involved in the prosecution or defense of legal proceedings. Joint and several liability – A legal doctrine that holds each party liable for a breach for any damages awarded in a lawsuit if the other liable parties are unable to pay. In short, OK Biotech submits that Prodigy had the absolute right to designate any person or entity in the world as its agent for the purposes or receiving the benefits of [publication], and it chose OK Biotech for those purposes. Contributory Negligence – A legal doctrine that prevents the plaintiff in a civil action from recovering a defendant for negligence if the plaintiff also acted negligently. New Mexico has abandoned the doctrine of contributory negligence in favor of comparative negligence. Appellant – The party complaining or complaining; one who applies to the court for an appeal.
Also named the applicant. Residence – The place where a person has their permanent legal residence. A person can have several residences, but only one residence. OK sought summary judgment on TaiDoc`s claims against the company on the basis of authorization. He was said to be a “successor” of Prodigy, a “member” of Prodigy and also his “agent”. If Goodell or the person he named raises the suspension, the union and Watson could file a lawsuit that would reignite fights between the league and the NFLPA over player discipline. Breach of contract – failure of a party to comply with the terms of the contract without lawful excuse. Factual lawyer – A private person (who is not necessarily a lawyer) who has been authorized by another person to act on their behalf, either for a particular purpose or for a specific act; or for the conduct of transactions in general, not of a legal nature.
This power of attorney is conferred by a written document called a power of attorney or, more commonly, power of attorney. Lien – A legal claim against someone else`s property as security for a debt. A lien does not transfer ownership of the property, but gives the holder of the lien the right to have his debt repaid from the proceeds of the property if the debt is not paid otherwise.