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Erie doctrine
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Erie doctrineThe American rule that a U.S. federal district court exercising "diversity jurisdiction" (i.e. jurisdiction in a case in which the parties are from different U.S. states or where a foreigner sues an American citizen), must apply the law of the U.S. state in which it is sitting.
RELATED TERMS--------------------------------------
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.
Federal
Government. This term is commonly used to express a league or compact between two or more states.
District
A certain portion of the country, separated from the rest for some special purposes.
Court
A body in government to which the administration of justice is delegated.
Jurisdiction
Practice. A power constitutionally conferred upon a judge or magistrate, to take cognizance of, and decide causes according to law, and to carry his sentence into execution. The tract of land or district within which a judge or magistrate has jurisdiction, is called his territory, and his power in relation to his territory is called his territorial jurisdiction.
Case
1) Practice. A contested question before a court of justicea suit or action a cause. 2) An agreement in writing, between a plaintiff and defendant, that the facts in dispute between them are as there agreed upon and mentioned
Parties
Contracts. Those persons who engage themselves to do, or not to do the matters and things contained in an agreement.
States
By this name are understood in some countries, the assembly of the different orders of the people to regulate the affairs of the commonwealth, as, the states general.
State
1) Government. In its most enlarged sense, it signifies a self-sufficient body of persons united together in one community for the defence of their rights, and to do right and justice to foreigners. In this sense, the state means the whole people united into one body politic; and the state, and the people of the state, are equivalent expressions. 2) Condition of persons. This word has various acceptations. If we inquire into its origin, it will be found to come from the Latin status, which is derived from the verb stare, sto, whence has been made statio, which signifies the place where a person is located, stat, to fulfil the obligations which are imposed upon him.
SIMILAR TERMS--------------------------------------
PREVIOUS AND NEXT TERMS--------------------------------------
Equivalent
Of the same value.
Equivocal
What has a double sense.
Equuleus
The name of a kind of rack for extorting confessions.
Erasure
Contracts, evidence. The obliteration of a writing; it will render it void or not under the same circumstances as an interlineation.
Eregimus
We have erected.
Erie doctrine
Erotic mania
Medical jurisprudence. A name given to a morbid activity of the sexual propensity. It is a disease or morbid affection of the mind, which fills it with a crowd of voluptuous images, and hurries its victim to acts of the grossest licentiousness, in the absence of any lesion of the intellectual powers.
Error, writ
A writ of error is one issued fro a superior to an inferior court, for the purpose of bringing up the record and correcting an alleged error committed in the trial in the court below. But it cannot deliver the body from prison.
Escape hatches
Escape hatches (escape clauses) are found in codes or statutes and permit a different law to apply as a general rule or permit a particular rule or presumption to be ignored if the court believes it is wise to do so. Escape hatches permit a choice of law rule or choice of law presumption to be circumvented when it is clear that the law chosen has only a slight connection to the facts of the case and another law has a much closer connection.
Escape, warrant of
A warrant issued in England against a person who being charged in custody in the king's bench or Fleet prison, in execution or mesne process, escapes and goes at large.
Escheat
Where property is returned to the government upon the death of the owner, because there is nobody to inherit the property. Escheat is based on the Latin principle of dominion directum as was often used in the feudal system when a tenant died without heirs or if the tenant was convicted of a felony.
RELATED TERMS--------------------------------------
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.
Federal
Government. This term is commonly used to express a league or compact between two or more states.
District
A certain portion of the country, separated from the rest for some special purposes.
Court
A body in government to which the administration of justice is delegated.
Jurisdiction
Practice. A power constitutionally conferred upon a judge or magistrate, to take cognizance of, and decide causes according to law, and to carry his sentence into execution. The tract of land or district within which a judge or magistrate has jurisdiction, is called his territory, and his power in relation to his territory is called his territorial jurisdiction.
Case
1) Practice. A contested question before a court of justicea suit or action a cause. 2) An agreement in writing, between a plaintiff and defendant, that the facts in dispute between them are as there agreed upon and mentioned
Parties
Contracts. Those persons who engage themselves to do, or not to do the matters and things contained in an agreement.
States
By this name are understood in some countries, the assembly of the different orders of the people to regulate the affairs of the commonwealth, as, the states general.
State
1) Government. In its most enlarged sense, it signifies a self-sufficient body of persons united together in one community for the defence of their rights, and to do right and justice to foreigners. In this sense, the state means the whole people united into one body politic; and the state, and the people of the state, are equivalent expressions. 2) Condition of persons. This word has various acceptations. If we inquire into its origin, it will be found to come from the Latin status, which is derived from the verb stare, sto, whence has been made statio, which signifies the place where a person is located, stat, to fulfil the obligations which are imposed upon him.
SIMILAR TERMS--------------------------------------
PREVIOUS AND NEXT TERMS--------------------------------------
Equivalent
Of the same value.
Equivocal
What has a double sense.
Equuleus
The name of a kind of rack for extorting confessions.
Erasure
Contracts, evidence. The obliteration of a writing; it will render it void or not under the same circumstances as an interlineation.
Eregimus
We have erected.
Erie doctrine
Erotic mania
Medical jurisprudence. A name given to a morbid activity of the sexual propensity. It is a disease or morbid affection of the mind, which fills it with a crowd of voluptuous images, and hurries its victim to acts of the grossest licentiousness, in the absence of any lesion of the intellectual powers.
Error, writ
A writ of error is one issued fro a superior to an inferior court, for the purpose of bringing up the record and correcting an alleged error committed in the trial in the court below. But it cannot deliver the body from prison.
Escape hatches
Escape hatches (escape clauses) are found in codes or statutes and permit a different law to apply as a general rule or permit a particular rule or presumption to be ignored if the court believes it is wise to do so. Escape hatches permit a choice of law rule or choice of law presumption to be circumvented when it is clear that the law chosen has only a slight connection to the facts of the case and another law has a much closer connection.
Escape, warrant of
A warrant issued in England against a person who being charged in custody in the king's bench or Fleet prison, in execution or mesne process, escapes and goes at large.
Escheat
Where property is returned to the government upon the death of the owner, because there is nobody to inherit the property. Escheat is based on the Latin principle of dominion directum as was often used in the feudal system when a tenant died without heirs or if the tenant was convicted of a felony.
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This dictionary contains 8526 terms.
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