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Arbitrrary law
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Arbitrrary lawAn arbitrary law is one made by the legislator simply because he wills it, and is not founded in the nature of things; such law, for example, as the tariff law, which may be high or low. This term is used in opposition to immutable.
RELATED TERMS--------------------------------------
Arbitrary
What depends on the will of the judge, not regulated or established by law.
Things
By this word is understood every object, except man, which may become an active subject of right. Code du Canton de Berne, art. 332. In this sense it is opposed, in the language of the law, to the word persons.
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.
Example
An example is a case put to illustrate a. principle.
Tariff
Customs, duties, toll. or tribute payable upon merchandise to the general government is called tariff; the rate of customs, also bears this name and the list of articles liable to duties is also called the tariff.
High
This word has various signifcations: 1. Principal or chief, as high constable, high sheriff. 2. Prominent, in a bad sense, as high treason. 3. Open, not confined, as high seas.
Term
1) Construction. Word; expression speech. 2) Contracts. This word is used in the civil, law to denote the space of time granted to the debtor for discharging his obligation; there are express terms resulting from the positive stipulations of the agreement; as, where one undertakes to pay a certain sum on a certain day and also terms which tacitly result from the nature of the things which are the object of the engagement, or from the place where the act is agreed to be done. For instance, if a builder engage to construct a house for me, I must allow a reasonable time for fulfilling his engagement. 3) Estates. The limitation of an estate, as a term for years, for life, and the like. The word term does not merely signify the time specified in the lease, but the estate also and interest that passes by that lease; and therefore the term may expire during the continuance of the time, as by surrender, forfeiture and the like. 4) Practice. The space of time during which a court holds a session; sometimes the term is a monthly, at others it is a quarterly period, according to the constitution of the court.
Opposition
practice. The act of a creditor who, declares his dissent to a debtor's being discharged under the insolvent laws.
Immutable
What cannot be removed, what is unchangeable. The laws of God being perfect, are immutable, but no human law can be so considered.
SIMILAR TERMS--------------------------------------
Arbiter
One who, decides without any control. A judge with the most extensive arbitrary powers; an arbitrator.
Arbitral award
The decision reached by arbitrators in an arbitration (infra).
Arbitral tribunal
The panel of arbitrators or the single arbitrator charged with hearing and rendering an arbitral award in order to decide an arbitration.
Arbitrament
A term nearly synonymous with arbitration.
Arbitrament and award
The name of a plea to an action brought for the same cause which had been submitted to arbitration, and on which an award had been made.
Arbitrary
What depends on the will of the judge, not regulated or established by law.
Arbitrary punishments
Practice. Those punishments which are left to the decision of the judge, in distinctiou from those which are defined by statute.
Arbitration
The settling of a dispute by an arbitrator. Arbitration is a long established alternative to litigation (which may not always be less complex) and which involves an arbitrator reaching a judgment, which is binding on both parties. Where arbitrators cannot agree they may appoint an "umpire". The decision of an arbitrator is known as an "award".
Arbitration agreement
The agreement concluded between parties, providing for the submission of their dispute to arbitration, usually in a particular place, under a particular law governing the dispute along with rules of procedure governing the appointment of arbitrators and the arbitration process. The law applicable to the arbitration agreement, the laws applicable to the subject of the dispute, the law of the arbitral proceedings and the applicable conflict rules may all be different, each having a proper law of its own.
Arbitration award
An Arbitration Award is an agreement to submit to arbitration present or future disputes (whether they are contractual or not). The reference in an agreement to a written form of arbitration clause or to a document containing an arbitration clause constitutes an arbitration agreement if the reference is such as to make that clause part of the agreement.
Arbitration clause
A clause in a bill of lading, a waybill, a charterparty or other contract, providing that any dispute arising under the contract shall be submitted to arbitration (supra) before one or more arbitrators, in the place and according to the laws and rules specified in the clause.
Arbitration exception
An exception to the principle of foreign sovereign immunity found in the Foreign Sovereign Immunities Act of the United States, whereby the foreign sovereign is not immune from jurisdiction in any case in which the action is brought to confirm an arbitral award if the arbitration agreement or arbitral award is or may be governed by a treaty or other international agreement in force for the United States calling for the recognition and enforcement of arbitral awards.
Arbitrator
A private extraordinary judge chosen by the parties who have a matter in dispute, invested with power to decide the same.
PREVIOUS AND NEXT TERMS--------------------------------------
Arbitration agreement
The agreement concluded between parties, providing for the submission of their dispute to arbitration, usually in a particular place, under a particular law governing the dispute along with rules of procedure governing the appointment of arbitrators and the arbitration process. The law applicable to the arbitration agreement, the laws applicable to the subject of the dispute, the law of the arbitral proceedings and the applicable conflict rules may all be different, each having a proper law of its own.
Arbitration award
An Arbitration Award is an agreement to submit to arbitration present or future disputes (whether they are contractual or not). The reference in an agreement to a written form of arbitration clause or to a document containing an arbitration clause constitutes an arbitration agreement if the reference is such as to make that clause part of the agreement.
Arbitration clause
A clause in a bill of lading, a waybill, a charterparty or other contract, providing that any dispute arising under the contract shall be submitted to arbitration (supra) before one or more arbitrators, in the place and according to the laws and rules specified in the clause.
Arbitration exception
An exception to the principle of foreign sovereign immunity found in the Foreign Sovereign Immunities Act of the United States, whereby the foreign sovereign is not immune from jurisdiction in any case in which the action is brought to confirm an arbitral award if the arbitration agreement or arbitral award is or may be governed by a treaty or other international agreement in force for the United States calling for the recognition and enforcement of arbitral awards.
Arbitrator
A private extraordinary judge chosen by the parties who have a matter in dispute, invested with power to decide the same.
Arbitrrary law
Arbor consanguinitatis
A table, formed in the shape of a tree, in order to show the genealogy of a family. The progenitor is placed beneath, as if for the root or stem the persons descended from him are represented by the branches, one for each descendant.
Archaionomia
The name of a collection of Saxon laws, published during the reign of the English Queen Elizabeth, in the Saxon language, with a Latin version, by Mr. Lambard.
Archbishop
Ecclesiastical law The chief of the clergy of a whole province. He has the, inspection of the bishops of that province, as well as of the inferior clergy, and may deprive them on notorious cause. The archbishop has also his own diocese, in which he exercises, episcopal jurisdiction, as in his province he exercises archiepiscopal authority.
Arches court
The name of one of the English ecclesiastical courts.
Archives
Ancient cbarters or titles, which concern a nation, state, or community, in their rights or privileges. The place where the archives are kept bears the same name.
RELATED TERMS--------------------------------------
Arbitrary
What depends on the will of the judge, not regulated or established by law.
Things
By this word is understood every object, except man, which may become an active subject of right. Code du Canton de Berne, art. 332. In this sense it is opposed, in the language of the law, to the word persons.
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.
Example
An example is a case put to illustrate a. principle.
Tariff
Customs, duties, toll. or tribute payable upon merchandise to the general government is called tariff; the rate of customs, also bears this name and the list of articles liable to duties is also called the tariff.
High
This word has various signifcations: 1. Principal or chief, as high constable, high sheriff. 2. Prominent, in a bad sense, as high treason. 3. Open, not confined, as high seas.
Term
1) Construction. Word; expression speech. 2) Contracts. This word is used in the civil, law to denote the space of time granted to the debtor for discharging his obligation; there are express terms resulting from the positive stipulations of the agreement; as, where one undertakes to pay a certain sum on a certain day and also terms which tacitly result from the nature of the things which are the object of the engagement, or from the place where the act is agreed to be done. For instance, if a builder engage to construct a house for me, I must allow a reasonable time for fulfilling his engagement. 3) Estates. The limitation of an estate, as a term for years, for life, and the like. The word term does not merely signify the time specified in the lease, but the estate also and interest that passes by that lease; and therefore the term may expire during the continuance of the time, as by surrender, forfeiture and the like. 4) Practice. The space of time during which a court holds a session; sometimes the term is a monthly, at others it is a quarterly period, according to the constitution of the court.
Opposition
practice. The act of a creditor who, declares his dissent to a debtor's being discharged under the insolvent laws.
Immutable
What cannot be removed, what is unchangeable. The laws of God being perfect, are immutable, but no human law can be so considered.
SIMILAR TERMS--------------------------------------
Arbiter
One who, decides without any control. A judge with the most extensive arbitrary powers; an arbitrator.
Arbitral award
The decision reached by arbitrators in an arbitration (infra).
Arbitral tribunal
The panel of arbitrators or the single arbitrator charged with hearing and rendering an arbitral award in order to decide an arbitration.
Arbitrament
A term nearly synonymous with arbitration.
Arbitrament and award
The name of a plea to an action brought for the same cause which had been submitted to arbitration, and on which an award had been made.
Arbitrary
What depends on the will of the judge, not regulated or established by law.
Arbitrary punishments
Practice. Those punishments which are left to the decision of the judge, in distinctiou from those which are defined by statute.
Arbitration
The settling of a dispute by an arbitrator. Arbitration is a long established alternative to litigation (which may not always be less complex) and which involves an arbitrator reaching a judgment, which is binding on both parties. Where arbitrators cannot agree they may appoint an "umpire". The decision of an arbitrator is known as an "award".
Arbitration agreement
The agreement concluded between parties, providing for the submission of their dispute to arbitration, usually in a particular place, under a particular law governing the dispute along with rules of procedure governing the appointment of arbitrators and the arbitration process. The law applicable to the arbitration agreement, the laws applicable to the subject of the dispute, the law of the arbitral proceedings and the applicable conflict rules may all be different, each having a proper law of its own.
Arbitration award
An Arbitration Award is an agreement to submit to arbitration present or future disputes (whether they are contractual or not). The reference in an agreement to a written form of arbitration clause or to a document containing an arbitration clause constitutes an arbitration agreement if the reference is such as to make that clause part of the agreement.
Arbitration clause
A clause in a bill of lading, a waybill, a charterparty or other contract, providing that any dispute arising under the contract shall be submitted to arbitration (supra) before one or more arbitrators, in the place and according to the laws and rules specified in the clause.
Arbitration exception
An exception to the principle of foreign sovereign immunity found in the Foreign Sovereign Immunities Act of the United States, whereby the foreign sovereign is not immune from jurisdiction in any case in which the action is brought to confirm an arbitral award if the arbitration agreement or arbitral award is or may be governed by a treaty or other international agreement in force for the United States calling for the recognition and enforcement of arbitral awards.
Arbitrator
A private extraordinary judge chosen by the parties who have a matter in dispute, invested with power to decide the same.
PREVIOUS AND NEXT TERMS--------------------------------------
Arbitration agreement
The agreement concluded between parties, providing for the submission of their dispute to arbitration, usually in a particular place, under a particular law governing the dispute along with rules of procedure governing the appointment of arbitrators and the arbitration process. The law applicable to the arbitration agreement, the laws applicable to the subject of the dispute, the law of the arbitral proceedings and the applicable conflict rules may all be different, each having a proper law of its own.
Arbitration award
An Arbitration Award is an agreement to submit to arbitration present or future disputes (whether they are contractual or not). The reference in an agreement to a written form of arbitration clause or to a document containing an arbitration clause constitutes an arbitration agreement if the reference is such as to make that clause part of the agreement.
Arbitration clause
A clause in a bill of lading, a waybill, a charterparty or other contract, providing that any dispute arising under the contract shall be submitted to arbitration (supra) before one or more arbitrators, in the place and according to the laws and rules specified in the clause.
Arbitration exception
An exception to the principle of foreign sovereign immunity found in the Foreign Sovereign Immunities Act of the United States, whereby the foreign sovereign is not immune from jurisdiction in any case in which the action is brought to confirm an arbitral award if the arbitration agreement or arbitral award is or may be governed by a treaty or other international agreement in force for the United States calling for the recognition and enforcement of arbitral awards.
Arbitrator
A private extraordinary judge chosen by the parties who have a matter in dispute, invested with power to decide the same.
Arbitrrary law
Arbor consanguinitatis
A table, formed in the shape of a tree, in order to show the genealogy of a family. The progenitor is placed beneath, as if for the root or stem the persons descended from him are represented by the branches, one for each descendant.
Archaionomia
The name of a collection of Saxon laws, published during the reign of the English Queen Elizabeth, in the Saxon language, with a Latin version, by Mr. Lambard.
Archbishop
Ecclesiastical law The chief of the clergy of a whole province. He has the, inspection of the bishops of that province, as well as of the inferior clergy, and may deprive them on notorious cause. The archbishop has also his own diocese, in which he exercises, episcopal jurisdiction, as in his province he exercises archiepiscopal authority.
Arches court
The name of one of the English ecclesiastical courts.
Archives
Ancient cbarters or titles, which concern a nation, state, or community, in their rights or privileges. The place where the archives are kept bears the same name.
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This dictionary contains 8526 terms.
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