Juridical Dictionary

This dictionary contains:
8526
juridical terms

American rule




American rule

The general rule of American practice which precludes inclusion of attorney's fees in court costs. The American Rule dates back to the American Revolution, when, in the name of basic freedom, the revolutionaries reacted against the British practice of including generous barrister's and solicitor's fees in court costs.

RELATED TERMS
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General
1) A principal officer, particularly in the army. 2) Something opposed to special; as, a general verdict, the general issue, which expressions are used in contradistinction to special verdict, special issue. 3) Principal, as the general post office. 4) Not select, as a general ship. 5) Not particular, as a general custom. 5) Not limited, as general jurisdiction. 7) This word is sometimes annexed or prefixed to other words to express or limit the extent of their signification; as Attorney General, Solicitor General, the General Assembly.

Rule
This is a metaphorical expression borrowed from mechanics. The rule, in its proper and natural sense, is an instrument by means of which may be drawn from one point to another, the shortest possible line, which is called a straight line.

Practice
The form, manner and order of conducting and carrying on suits or prosecutions in the courts through their various stages, according, to the principles of law, and the rules laid down by the respective courts.

Fees
Compensation. Certain perquisites allowed by law to officers concerned in the administration of justice, or in the performance of duties required by law, as a recompense for their labor and trouble.

Court
A body in government to which the administration of justice is delegated.

Costs
This is a term often used in judgments as in "the defendant will pay costs." When a person is condemned to "costs" it means that he has to pay all the court costs such as the fees for bringing the action, witness fees and other fees paid out by the other side in bringing the action to justice. A court can also condemn a losing party to "special costs" but this is considered punitive as it would include the other side's lawyer bill. The rule in most places is that "costs follows the event" which means that the loser pays. In most states, the court has the final say on costs and may decide not to make an order on costs.

When
1) At which time, in wills, standing by itself unqualified and unexplained, this is a word of condition denoting the time at which the gift is to continence. 2) The context of a will may show that the word when is to be applied to the possession only, not to the vesting of a legacy; but to justify this construction, there must be circumstances, or other expressions in the will, showing such to have been the testator's intent.

Name
One or more words used to distinguish a particular individual, as Socrates, Benjamin Franklin.

Freedom
Liberty; the right to do what is not forbidden by law. Freedom does not preclude the idea of subjection to law; indeed, it presupposes the existence of some legislative provision, the observance of which insures freedom to us, by securing the like observance from others.



SIMILAR TERMS
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Amerasian
(Vietnam) Immigrant visas are issued to Amerasians under Public Law, which provides for the admission of aliens born in Vietnam after January 1, 1962, and before January 1, 1976, if the alien was fathered by a U.S. citizen. Spouses, children, and parents or guardians may accompany the alien.

Amerasian act
Public Law provides for the immigration to the United States of certain Amerasian children. In order to qualify for benefits under this law, an alien must have been born in Cambodia, Korea, Laos, Thailand, or Vietnam after December 31, 1950, and before October 22, 1982, and have been fathered by a U.S. citizen.

American bar association
A national association of lawyers whose primary purpose is improvement of lawyers and the administration of justice.

American conflicts revolution
A period of considerable original legal thought beginning about 1930, when the theory of U.S. private international law changed dramatically, affecting legal theory both within and outside of the United States.

American law reports
A publication which reports cases from all United States jurisdictions by subject matter.

Ameriquest lawsuit
A lawsuit related to Ameriquest.



PREVIOUS AND NEXT TERMS
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Amerasian
(Vietnam) Immigrant visas are issued to Amerasians under Public Law, which provides for the admission of aliens born in Vietnam after January 1, 1962, and before January 1, 1976, if the alien was fathered by a U.S. citizen. Spouses, children, and parents or guardians may accompany the alien.

Amerasian act
Public Law provides for the immigration to the United States of certain Amerasian children. In order to qualify for benefits under this law, an alien must have been born in Cambodia, Korea, Laos, Thailand, or Vietnam after December 31, 1950, and before October 22, 1982, and have been fathered by a U.S. citizen.

American bar association
A national association of lawyers whose primary purpose is improvement of lawyers and the administration of justice.

American conflicts revolution
A period of considerable original legal thought beginning about 1930, when the theory of U.S. private international law changed dramatically, affecting legal theory both within and outside of the United States.

American law reports
A publication which reports cases from all United States jurisdictions by subject matter.

American rule

Amiables compositeurs
Clauses in arbitration agreements allowing the arbitrators to act as "amiables compositeurs" permit the arbitrators to decide the dispute according to the legal principles they believe to be just, without being limited to any particular national law. The resulting arbitral awards are frequently based on equity or on the lex mercatoria, the arbitrators being authorized, as "amiables compositeurs", to disregard legal technicalities and strict constructions which they would be required to apply in their decisions if the arbitration agreement contained no "amiable compositeur" clause.

Amicus curiae
(United Kingdom) A friend of the court.

Amicus curić
A friend of the court. Imports friendly intervention of counsel to remind the court of some matter of law which has escaped its notice and in regard to which it appears to be in danger of going wrong. It is not his function to take upon himself the management of a cause.

Ancient house
A house which has stood for twenty years.

Ancillaries
Ancillaries in the conflict of laws are the time limitations, cross-defenses, rules of evidence, presumptions, burdens of proof, order of proof, etc., which affect or qualify the legal relationship. They were classically deemed procedural (and thus of the forum) but, in reality, ancillaries have a proper law of their own, which is often the proper law of the contract or tort/delict to which they are connected, but not necessarily so.

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This dictionary contains 8526 terms.







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