Law-Dictionary.Pdf
Total Page:16
File Type:pdf, Size:1020Kb
Load more
Recommended publications
-
Civil Procedure Darden
Civil Procedure Darden Is there Personal Jurisdiction? o Is defendant a resident of proposed state? o If it’s a corporation was it incorporated or have its principal place of business in the proposed forum? o If not analyze contact with forum state o Is there a long-arm statute? o Analyze contact with state o Was there proper notice given? Black Letter Law o Defendant must purposefully avail itself of the privilege of conducting activities within the forum state, thus invoking the benefits and protections of its laws (Hanson) o The unilateral activity of those who claim some relationship with a nonresident defendant cannot satisfy the requirement of contact with the forum state Black Letter Law o The “substantial connection” between the defendant and the forum state necessary for a finding of minimum contacts must come about by an action of the defendant purposefully directed towards the forum state . The placement of a product into the stream of commerce without more is not an act of the defendant purposefully directed towards the forum . Need additional contact such as: designing the product for the market in the forum, advertising in the forum, marketing product through distributor sales agent in the forum Black Letter Law o Contract alone not sufficient to support personal jurisdiction over a nonresident defendant o Contract is usually an intermediate step serving to tie up prior business negotiations with future consequences which themselves are the real object of the business transaction Black Letter Law o Reasonableness factors . Burden on the defendant . Interests of the forum state 1 . -
NZLC PP16.Pdf
Preliminary paper No 16 THE PROPERTY LAW ACT 1952 A discussion paper The Law Commission welcomes your comments on this paper and seeks your response to the questions raised. These should be forwarded to: The Director, Law Commission, PO Box 2590, Wellington by Friday 1 November 1991 July 1991 Wellington, New Zealand ii The La.... Commission .... as established by the La .... Commission Act 1985 to promote the systematic revie .... , reform and deve16pment of the la.... of Ne .... Zealand. It is also to advise on ways in which the la.... can be made as understandable and accessible as practicable. The Commissioners are: Sir ~enneth ~eith ~BE - President The Hon Mr Justice Wallace Peter Blanchard The Director of the La.... Commission is Alison Quentin-Buter. The offices of the Law Commission are at Fletcher Challenge House, 87-91 The Terrace, Wellington. Telephone (04) 733-453. Postal address: PO Box 2590, Wellington, Ne .... Zealand. Use of submissions The La.... Commission' s processes are essentially public, and it is subject to the Official Information Act 1982. Thus copies of submissions made to the Commission will normally be made available on request, and the Commission may mention submissions in its reports. Any request for the withholding of information on the grounds of confidentiality or for any other reason will be determined in accordance with the Official Information Act. Preliminary PaperlLaw Commission Wellington 1991 ISSN 0113-2245 This preliminary paper may be cited as: NZLC PP16 iii SUMMARY OF CONTENTS Page Table of Statutes -
Issues Paper 4: Property Law Act 1974 (Qld)
2016 Property Law Review Issues Paper 4 Property Law Act 1974 (Qld) – Mortgages, Co-ownership, Encroachment and Mistake Commercial and Property Law Research Centre QUT Law 1 | Page Preface The Commercial and Property Law Research Centre (the Centre) at the Queensland University of Technology (QUT) was established in 2013. The Centre is a specialist network of researchers with a vision of reforming legal and regulatory frameworks in the commercial and property law sector through high impact applied research. The members of the Centre who authored this paper are: Professor William Duncan Professor Sharon Christensen Associate Professor William Dixon Megan Window Riccardo Rivera 2 | Page Property Law Act 1974 (Qld) – Mortgages, Co- ownership, Encroachment and Mistake Table of Contents Preface ................................................................................................................................................ 2 How to make a submission ................................................................................................................... 10 Disclaimer.............................................................................................................................................. 11 1. Background ............................................................................................................................ 12 Review of Queensland Property Laws ................................................................................... 12 PART 1 – Co-ownership – PLA Part 5 ............................................................................................ -
A Guide to Contract Interpretation
A GUIDE TO CONTRACT INTERPRETATION July 2014 by Vincent R. Martorana © July 2014 This guide is intended for an audience of attorneys Reed Smith LLP and does not constitute legal advice – please see All rights reserved. “Scope of this Guide and Disclaimer.” TABLE OF CONTENTS CONTENTS PAGE I. INTRODUCTION ................................................................................. 1 A. Purpose of this Guide ............................................................ 1 B. Scope of this Guide and Disclaimer ....................................... 2 C. Author Bio ......................................................................... …. 3 II. CONTRACT-INTERPRETATION FLOW CHART .............................................. 4 III. CONTRACT-INTERPRETATION PRINCIPLES AND CASE-LAW SUPPLEMENT ........ 5 A. Determine the intent of the parties with respect to the provision at issue at the time the contract was made ............ 5 B. Defining ambiguity ............................................................... 6 1. A contract or provision is ambiguous if it is reasonably susceptible to more than one interpretation ......................... 6 a. Some courts look at whether the provision is reasonably susceptible to more than one interpretation when read by an objective reader in the position of the parties ................ 8 b. Some courts factor in a reading of the provision “by one who is cognizant of the customs, practices, and terminology as generally understood by a particular trade or business” ... 10 i. Evidence of custom and practice -
Financing Transactions in Russia
FINANCING TRANSACTIONS IN RUSSIA ROMAN CHAPAEV Submitted in fulfillment of the requirements for the degree of Doctor of Philosophy (Ph.D.) of the University of London CENTRE FOR COMMERCIAL LAW STUDIES, QUEEN MARY UNIVERSITY OF LONDON MAY 2010 LONDON ABSTRACT The thesis analyzes Russian laws of security and insolvency and reviews common legal issues arising in cross-border financing transactions. To aid better understanding of up-to-date Russian law, the analysis includes historical information. The thesis concludes that Russian law traditionally did not adopt a regime favorable to lenders and that the law of security was inefficient. In addition, commercial practice suffered from the inflexible approach of courts to innovations. Statutory law was not appropriate for commercial, as opposed to retail, transactions. This situation may be partially attributed to the recent transition from planned to market economy and, hence, relatively short history of modern Russian law. The thesis highlights recent Russian legal reforms and their impact on lending practices. At the thesis shows, the respective changes provided more comfort and protection to the lenders and increased certainty in business transactions. In this way laws of security and insolvency were elevated to new levels and this demonstrated the changing approach of legislators and courts. This originality of this work is in that it combines the study of the original Russian sources of law with the perspective of financial transactions in the international markets. It also includes a comparative element: where appropriate rules of Russian law are contrasted with their counterparts in English law. Furthermore, Russian security and insolvency laws are often reviewed through the prism of their practical application and effect on lending practices. -
Law, Economics, and Subjective Standards of Care in Negligence Law
Lost in Translation: Law, Economics, and Subjective Standards of Care in Negligence Law Charles R. Korsmo* Abstract The law and economics movement has been a victim of its own success. Over the past four decades, it has generated an enormous specialist literature, often explicitly intended for other specialists. As is so often the case with increased specialization, the result has been escalating technical complexity accompanied by forbiddingly formal mathematics and a tendency to retreat into abstraction. As a result, economic analysis has often failed to provide general legal audiences with insight into important legal questions, even where the tools of economics would be appropriate and useful. This Article examines—and rectifies—just such a failure. In particular, this Article examines departures from a uniform reasonable person standard in negligence law. From an economic standpoint, individuals might be held to different standards of care because: (1) they differ in their costs of taking precautions (e.g., a good driver can take additional precautions more cheaply than a bad driver); or (2) they differ in the accident costs they generate when exercising a given amount of care (e.g., a good driver causes fewer accidents than a bad driver who is exercising the same precautions). Though the two possibilities lead to sharply different prescriptions, the law and economics literature has focused almost entirely on the former scenario, while neglecting the latter. By examining both possibilities, I provide a new and superior explanation of how tort law treats disabilities and professional skill, with the potential to * Assistant Professor, Case Western Reserve University School of Law. -
CHAPTER TWO Methodology and Literature Review 2.0 Introduction
CHAPTER TWO: Methodology and Literature Review CHAPTER TWO Methodology and Literature Review 2.0 Introduction In order to answer the research questions in chapter one it is imperative that the methods and methodology utilised stand up to scrutiny. It is often difficult to categorise a thesis, particularly one on the subject of law under any specific headings, as many works of this type involve a hybrid of methods.1 Henn et al makes the important distinction between ‘method’ and ‘methodology’.2 They state that ‘method refers to the range of techniques that are available to us to collect evidence about the social world. Methodology, however, concerns the research strategy as a whole’.3 This is important as the research strategy of the thesis is doctrinal, it examines the wording of the United Nations Convention on Contracts for the International Sale of Goods 1980 as well as the rationale of its case decisions to determine if the buyer’s remedy of avoidance is suitable4 for international sale of goods contracts.5 Additionally, the thesis adopts a comparative method, where appropriate, to examine the mechanisms in the common law of England and Wales6 1 Michael Salter and Julie Mason, Writing Law Dissertations: An Introduction and Guide to the Conduct of Legal Research (Pearson 2007) 31. 2 Matt Henn, Mark Weinstein and Nick Foard, ‘A Critical Introduction to Social Research’ (2nd edn, Sage 2006) 10. 3 ibid. 4 For the purposes of the thesis ‘suitable’ means that the remedy must be capable of being applied to contracts for different kinds of goods and contracts commonly sold in international trade. -
Extrinsic Evidence, Parol Evidence, And
University of Richmond UR Scholarship Repository Law Student Publications School of Law 2014 Extrinsic Evidence, Parol Evidence, and the Parol Evidence Rule: A Call for Courts to Use the Reasoning of the Restatements Rather than the Rhetoric of Common Law Timothy Archer University of Richmond Shalayne Davis University of Richmond David G. Epstein University of Richmond Follow this and additional works at: http://scholarship.richmond.edu/law-student-publications Part of the Common Law Commons, and the Contracts Commons Recommended Citation David G. Epstein, Timothy Archer, & Shalayne Davis, Extrinsic Evidence, Parol Evidence, and the Parol Evidence Rule: A Call for Courts to Use the Reasoning of the Restatements Rather than the Rhetoric of Common Law, 44 N. M. L. Rev. 49-87 (2014). This Article is brought to you for free and open access by the School of Law at UR Scholarship Repository. It has been accepted for inclusion in Law Student Publications by an authorized administrator of UR Scholarship Repository. For more information, please contact [email protected]. EXTRINSIC EVIDENCE, PAROL EVIDENCE, AND THE PAROL EVIDENCE RULE: A CALL FOR COURTS TO USE THE REASONING OF THE RESTATEMENTS RATHER THAN THE RHETORIC OF COMMON LAW David G. Epstein,* Timothy Archer,** and Shalayne Davis*** I. INTRODUCTION From the first year of law school, law students, lawyers, and judges encounter the terms "parol evidence,"1 "parol evidence rule," and "ex- * George E. Allen Chair, University of Richmond. As the senior author, let me make two ministerial points. First, my name appears first because I am a law professor, and putting my name first is the kind of arbitrary, egotistical thing that law professors do. -
REGISTRATION of SECURITY INTERESTS: COMPANY CHARGES and PROPERTY OTHER THAN LAND a Consultation Paper
The Law Commission Consultation Paper No 164 REGISTRATION OF SECURITY INTERESTS: COMPANY CHARGES AND PROPERTY OTHER THAN LAND A Consultation Paper London: The Stationery Office The Law Commission was set up by section 1 of the Law Commissions Act 1965 for the purpose of promoting the reform of the law. The Law Commissioners are: The Right Honourable Lord Justice Carnwath CVO, Chairman Professor Hugh Beale, QC Mr Stuart Bridge Professor Martin Partington Judge Alan Wilkie, QC The Secretary of the Law Commission is Mr Michael Sayers and its offices are at Conquest House, 37-38 John Street, Theobalds Road, London WC1N 2BQ. This consultation paper, completed on 14 June 2002, is circulated for comment and criticism only. It does not represent the final views of the Law Commission. The Law Commission would be grateful for comments on this consultation paper before 2 October. Comments may be sent either – By post to: James Robinson Law Commission Conquest House 37-38 John Street Theobalds Road London WC1N 2BQ Tel: 020-7453-1201 Fax: 020-7453-1297 By e-mail to: [email protected] It would be helpful if, where possible, comments sent by post could also be sent on disk, or by e-mail to the above address, in any commonly used format. It may be helpful, either in discussion with others concerned or in any subsequent recommendations, for the Law Commission to be able to refer to and attribute comments submitted in response to this consultation paper. Any request to treat all, or part, of a response in confidence will, of course, be respected, but if no such request is made the Law Commission will assume that the response is not intended to be confidential. -
Article 9 and Security Interests in Instruments, Documents of Title and Goods EUGENE H
Article 9 and Security Interests In Instruments, Documents of Title and Goods EUGENE H. FREEDHmI* A-zm EI GOLDSTON** INTRODUCTION AND DEFINITIONS A previous paper has compared the provisions of Article 9 of the Uniform Commercial Code (hereinafter called the "Code") with existing Ohio law relating to security interests in accounts, contract rights, and chattel paper.1 This paper continues the com- parison with respect to (a) the remaining two subclassifications of intangible personal property (i.e., "documents of title" and "instru- ments") and (b) tangible personal property (called "goods" by the Code and subclassified into "inventory," "equipment," "consumer goods" and "farm products"). The reader is referred to the previous paper for an introduction to Article 9 and a discussion of its major policies; this paper will be concerned with detail rather than with perspective. The Code in § 1-201 (15) defines "document of title" as includ- ing a "bill of lading, dock warrant, dock receipt, warehouse receipt or order for the delivery of goods, and also any other document which in the current course of business or financing is treated as adequately evidencing that the person in possession of it is entitled to receive, hold and dispose of the document and the goods it covers. To be a document of title a document must purport to be issued by or addressed to a bailee and purport to cover goods in the bailee's possession which are either identified or are fungible por- tions of an identified mass." This is substantially the same defini- tion used in the Uniform Sales Act and in Omo REV. -
Secondary Sources Research Guide
1 Secondary Sources Research Guide H. Douglas Barclay Law Library H. Douglas Barclay Law Library Syracuse University College of Law Prepared by the Public Services Department SECONDARY SOURCES Check the library’s “Location Guide” and the Library Online Catalog for the current location of sources mentioned in this pathfinder. PURPOSE: This Pathfinder directs law library researchers to the various secondary sources and finding aids for conducting legal research. Secondary sources give a good general overview of a legal subject and provide citations to primary legal resources such as cases, statutes, and regulations. OUTLINE: I. WHAT ARE SECONDARY SOURCES? II. TYPES OF SECONDARY SOURCES A. Legal Dictionaries B. Legal Encyclopedias Rev. 3-10 2 C. Legal Periodical Indexes D. Legal Periodicals E. Loose-leaf Services F. American Law Reports G. Restatements of the Law H. Treatises & Textbooks I. WHAT ARE SECONDARY SOURCES? Secondary sources give a general overview of the subject and identify the relevant statutes, regulations, constitutional provisions and important cases that relate to a topic. Secondary sources are rarely cited as legal authority and finding aids are never cited as legal authority. Secondary sources should be used mainly to find citations to primary sources and to gain an overview of a subject. Secondary Sources Offer: • Helpful introductions to legal subjects. • Synopses of decisions, statutes, and regulations in a given field. • Analyses of trends and historical background. • Explanation of new or difficult concepts. • Descriptions and analysis of the law and its developments. • Citations to primary sources through footnotes and annotations. II. TYPES OF SECONDARY SOURCES A. Legal Dictionaries Legal dictionaries provide definitions of topic terms that are unclear, appropriate acronyms or abbreviations related to the topic, as well as additional search terms. -
From Law in Blackletter to “Blackletter Law”*
LAW LIBRARY JOURNAL Vol. 108:2 [2016-9] From Law in Blackletter to “Blackletter Law”* Kasia Solon Cristobal** Where does the phrase “blackletter law” come from? Chasing down its origins uncov- ers not only a surprising turnabout from blackletter law’s original meaning, but also prompts examination of a previously overlooked subject: the history of the law’s changing appearance on the page. This history ultimately provides a cautionary tale of how appearances have hindered access to the law. Introduction .......................................................181 What the Law Looked Like: The Lay of the Land .........................185 Handwriting .....................................................185 Print ...........................................................187 Difficulties in Reading the Law ........................................189 Handwriting .....................................................190 Print ...........................................................193 Why Gothic Persisted Longest in the Law ...............................195 Gothic’s Symbolism ...............................................196 State Authority .................................................198 National Identity ...............................................199 The Englishness of English Law ...................................201 Gothic’s Vested Interests. .203 Printers .......................................................204 Clerks ........................................................205 Lawyers .......................................................209