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Escape hatches
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Escape hatchesEscape 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.
RELATED TERMS--------------------------------------
Permit
A license or warrant to do something not forbidden bylaw.
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.
Presumption
evidence. An inference as to the existence of one fact, from the existence of some other fact, founded on a previous experience of their connexion
Court
A body in government to which the administration of justice is delegated.
Choice
Preference either of a person or thing, to one of several other persons or things. Election.
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.
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
SIMILAR TERMS--------------------------------------
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.
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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
The 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.
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, 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.
Escheator
The name of an officer whose duties are generally to ascertain what escheats have taken place, and to prosecute the claim of the commonwealth for the purpose of recovering the escheated property.
Escrow
When the performance of something is outstanding and a third party holds onto money or a written document (such as shares or a deed) until a certain condition is met between the two contracting parties.
Escuage
Old English law. Service of the shield. Tenants who hold their land by escuage, hold by knight's service.
RELATED TERMS--------------------------------------
Permit
A license or warrant to do something not forbidden bylaw.
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.
Presumption
evidence. An inference as to the existence of one fact, from the existence of some other fact, founded on a previous experience of their connexion
Court
A body in government to which the administration of justice is delegated.
Choice
Preference either of a person or thing, to one of several other persons or things. Election.
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.
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
SIMILAR TERMS--------------------------------------
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.
PREVIOUS AND NEXT TERMS--------------------------------------
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
The 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.
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, 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.
Escheator
The name of an officer whose duties are generally to ascertain what escheats have taken place, and to prosecute the claim of the commonwealth for the purpose of recovering the escheated property.
Escrow
When the performance of something is outstanding and a third party holds onto money or a written document (such as shares or a deed) until a certain condition is met between the two contracting parties.
Escuage
Old English law. Service of the shield. Tenants who hold their land by escuage, hold by knight's service.
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This dictionary contains 8526 terms.
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