Juridical Dictionary

This dictionary contains:
8526
juridical terms

Approaches to the conflict of laws






Approaches to the conflict of laws

Instead of the classic chronological, historical approach to private international law, W. Tetley has divided conflict of law theory into five theoretical approaches: 1) single concepts (single principles); 2) multiple numbered rules (infra); 3) general texts (infra); 4) national legislation and international conventions; 5) methodologies (infra)

RELATED TERMS
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Chronological
Arranged in the order in which events happened; according to date.

Private
Not general, as a private act of the legislature; not in office; as, a private person, as well as an officer, may arrest a felon; individual, as your private interest; not public, as a private way, a private nuisance.

International
That which pertains to intercourse between nations. International law is that which regulates the intercourse between, or the relative rights of nations.

Law
A rule or body of rules of conduct inherent in human nature and essential to or binding upon human society. The learned profession that is mastered by graduate study in a law school and that is responsible for the judicial system.

Conflict
The opposition or difference between two judicial jurisdictions, when they both claim the right to decide a cause, or where they both declare their incompetency.

Single
By itself, unconnected.

Rules
English law. The rules of the King's Bench and Fleet are certain limits without the actual walls of the prisons, where the prisoner, on proper security previously given to the marshal of the king's bench, or warden of the fleet, may reside; those limits are considered, for all legal and practical purposes, as merely a further extension of the prison walls.

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.

National
National or public domain. All the property which belongs to the state is comprehended under the name of national or public domain.

Legislation
Written and approved laws. Also known as "statutes" or "acts." In constitutional law, one would talk of the "power to legislate" or the "legislative arm of government" referring to the power of political bodies (eg: house of assembly, Congress, Parliament) to write the laws of the land.



SIMILAR TERMS
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Appraisal
The procedure for determining the fair market value of an asset for equitable distribution in divorce.

Appraisal report
A report of the results of an appraisal which begins with the definition of an appraisal problem and leads to a specific conclusion using reasoning and relevant descriptive data.

Appraisement
A just valuation of property.

Appraiser
Practice. A person appointed by competent authority to appraise or value goods; as in case of the death of a person, an appraisement and inventory must be made of the goods of which he died possessed, or was entitled to. Appraisers are sometimes appointed to assess the damage done to property, by some public work, or to estimate its value when taken for public use.

Apprehension
Practice. The capture or arrest of a person.

Apprentice
Person, contracts. A person bound in due form of law to a master, to learn from him his art, trade or business, and to serve him during the time of his apprenticeship.

Apprizing
A name for an action in the Scotch law, by which a creditor formerly carried off the estates of his debtor in payment of debts due to him in lieu of which, adjudications are now resorted to.

Approbate and reprobate
In Scotland this term is used to signify to approve and reject. It is a maxim quod approbo non reprobo.

Appropriation
Ecclesiastical law The setting apart an ecclesiastical benefice, which is the general property of the church, to the perpetual and proper use of some religious house, bishop or college, dean and chapter and the like.

Approvement
1) English Criminal law. The act by which a person indicted of treason or felony, and arraigned for the same, confesses the same before any plea pleaded, and accuses others, his accomplices, of the same crime, in order to obtain his pardon. 2) English law. The inclosing of common land within the lord's waste, so as to leave egress and regress to a tenant who is a commoner.

Approver
English Criminal law. One confessing himself guilty of felony, and approving others of the same crime to save himself.



PREVIOUS AND NEXT TERMS
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Appraisement
A just valuation of property.

Appraiser
Practice. A person appointed by competent authority to appraise or value goods; as in case of the death of a person, an appraisement and inventory must be made of the goods of which he died possessed, or was entitled to. Appraisers are sometimes appointed to assess the damage done to property, by some public work, or to estimate its value when taken for public use.

Apprehension
Practice. The capture or arrest of a person.

Apprentice
Person, contracts. A person bound in due form of law to a master, to learn from him his art, trade or business, and to serve him during the time of his apprenticeship.

Apprizing
A name for an action in the Scotch law, by which a creditor formerly carried off the estates of his debtor in payment of debts due to him in lieu of which, adjudications are now resorted to.

Approaches to the conflict of laws

Approbate and reprobate
In Scotland this term is used to signify to approve and reject. It is a maxim quod approbo non reprobo.

Appropriation
Ecclesiastical law The setting apart an ecclesiastical benefice, which is the general property of the church, to the perpetual and proper use of some religious house, bishop or college, dean and chapter and the like.

Approvement
1) English Criminal law. The act by which a person indicted of treason or felony, and arraigned for the same, confesses the same before any plea pleaded, and accuses others, his accomplices, of the same crime, in order to obtain his pardon. 2) English law. The inclosing of common land within the lord's waste, so as to leave egress and regress to a tenant who is a commoner.

Approver
English Criminal law. One confessing himself guilty of felony, and approving others of the same crime to save himself.

Appurtenance
Something that, although detached, stands as part of another thing. An attachment or appendage to something else. Used often in a real estate context where an "appurtenance" may be, for example, a right-of-way over water, which, although physically detached, is part of the legal rights of the owner of another property.

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This dictionary contains 8526 terms.