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| This dictionary contains: 8526 juridical terms |
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Most significant connection
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Most significant connectionThe principle of the conflict of laws according to which the "proper" (i.e. applicable) law of a contract or tort is the law which, on policy grounds, appears to have the most significant connection with the chain of acts and consequences in the particular case at hand. This connection is assessed by consideration of the "connecting factors," or "contacts" (supra), linking the legal situation concerned with the different jurisdictions involved. The term was used by J.H.C. Morris in his renowned essays, "Torts in the Conflict of Laws" (1949) 12 Modern Law Rev. 248 and "The Proper Law of a Tort" (1951) 64 Harv. L. Rev. 881. In contract conflicts, the corresponding term generally used in the United Kingdom and British Commonwealth countries today is "closest and most real connection".
RELATED TERMS--------------------------------------
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.
Contract
A negotiated oral or written agreement setting forth the terms for an exchange of value between parties (which may be individuals or companies) and under which each party promises to perform an obligation. Certain terms, such as the obligations to be performed and the terms for setting price or compensation must be mutually understood, known in legal lingo as a "meeting of the minds," and promised to by the parties to form a legal contract.
Tort
An injury; a wrong; hence the expression an executor de son tort, of his own wrong.
Grounds
A legal basis for a divorce.
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
Hand
"1) That part of the human body at the end of the arm. 2) Formerly the hand was considered as the symbol of good faith, and some contracts derive their names from the fact that the hand was used in making them; as handsale, mandatum which comes from ä manu datä. The hand is still used for various legal or forensic purposes. When a person is accused of a crime and he is arraigned, and he is asked to hold up his right hand; and when one is sworn as a witness, he is required to lay his right hand on the Bible, or to hold it up. 3) Hand is also the name of a measure of length used in ascertaining the height of horses. It is four inches long. 4) In a figurative sense, by hand is understood a particular form of writing; as if B writes a good hand. Various kinds of hand have been used, as, the secretary hand, the Roman hand, the court hand. Wills and contracts may be written in any of these, or any other which is intelligible.
Consideration
Under common law, there can be no binding contract without consideration, which was defined in an 1875 English decision as "some right, interest, profit or benefit accruing to the one party, or some forbearance, detriment, loss or responsibility given, suffered or undertaken by the other". Common law did not want to allow gratuitous offers, those made without anything offered in exchange (such as gifts), to be given the protection of contract law. So they added the criteria of consideration. Consideration is not required in contracts made in civil law systems and many common law states have adopted laws which remove consideration as a prerequisite of a valid contract.
Legal
That which is according to law. It is used in opposition to equitable, as the legal estate is, in the trustee, the equitable estate in the cestui que trust.
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.
Proper
That which is essential, suitable, adapted, and correct.
Kingdom
A country where an officer called a king exercises the powers of government, whether the same be absolute or limited. Wolff, Inst. Nat. 994. In some kingdoms the executive officer may be a woman, who is called a queen.
Commonwealth
Government. A commonwealth is properly a free state, or republic, having a popular or representative government.
Real
1) A term which is applied to land in its most enlarged signification. Real security, therefore, means the security of mortgages or other incumbrances affecting lands. 2) In the civil law, real has not the same meaning as it has in the common law. There it signifies what relates to a thing, whether it be movable or immovable, lands or goods; thus, a real injury is one which is done to a thing, as a trespass to property, whether it be real or personal in the common law sense. A real statute is one which relates to a thing, in contradistinction to such as relate to a person.
SIMILAR TERMS--------------------------------------
Most significant relationship
The conflict of laws principle that requires that the "proper" (applicable) law be that of the state having the closest and most real connection with the facts of the case concerned. The term was derived from "most significant connection" as first used by J.H.C. Morris and was introduced into American private international law by Willis M. Reese, the principal author of the Restatement (Second) of the Conflict of Laws, 1969, where it figures prominently.
PREVIOUS AND NEXT TERMS--------------------------------------
Mortification
Scotch law. This term is nearly synonymous with mortmain.
Mortmain
An unlawful alienation of lands, or tenements to any corporation, sole or aggregate, ecclesiastical or temporal. These purchases having been chiefly made by religious houses, in consequence of which lands became perpetually inherent in one dead hand, this has occasioned the general appellation of mortmain to be applied to such alienations.
Mortuaries
English law. These are a sort of ecclesiastical heriots, being a customary gift claimed by and due to the minister, in many parishes, on the death of the parishioner.
Mortuum vadium
A mortgage; a dead pledge
Mortuus est
A return made by the sheriff, when the defendant is dead, as an excuse for not executing the writ.
Most significant connection
Most significant relationship
The conflict of laws principle that requires that the "proper" (applicable) law be that of the state having the closest and most real connection with the facts of the case concerned. The term was derived from "most significant connection" as first used by J.H.C. Morris and was introduced into American private international law by Willis M. Reese, the principal author of the Restatement (Second) of the Conflict of Laws, 1969, where it figures prominently.
Mother
Domestic relations. A woman who has borne a child.
Mother-in-law
In Latin socrus. The mother of one's wife, or of one's husband.
Motion
Practice. An application to a court by one of the parties in a cause, or his counsel, in order to obtain some rule or order of court
Motion in limine
A motion made by counsel requesting that information which might be prejudicial not be allowed to be heard in a case.
RELATED TERMS--------------------------------------
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.
Contract
A negotiated oral or written agreement setting forth the terms for an exchange of value between parties (which may be individuals or companies) and under which each party promises to perform an obligation. Certain terms, such as the obligations to be performed and the terms for setting price or compensation must be mutually understood, known in legal lingo as a "meeting of the minds," and promised to by the parties to form a legal contract.
Tort
An injury; a wrong; hence the expression an executor de son tort, of his own wrong.
Grounds
A legal basis for a divorce.
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
Hand
"1) That part of the human body at the end of the arm. 2) Formerly the hand was considered as the symbol of good faith, and some contracts derive their names from the fact that the hand was used in making them; as handsale, mandatum which comes from ä manu datä. The hand is still used for various legal or forensic purposes. When a person is accused of a crime and he is arraigned, and he is asked to hold up his right hand; and when one is sworn as a witness, he is required to lay his right hand on the Bible, or to hold it up. 3) Hand is also the name of a measure of length used in ascertaining the height of horses. It is four inches long. 4) In a figurative sense, by hand is understood a particular form of writing; as if B writes a good hand. Various kinds of hand have been used, as, the secretary hand, the Roman hand, the court hand. Wills and contracts may be written in any of these, or any other which is intelligible.
Consideration
Under common law, there can be no binding contract without consideration, which was defined in an 1875 English decision as "some right, interest, profit or benefit accruing to the one party, or some forbearance, detriment, loss or responsibility given, suffered or undertaken by the other". Common law did not want to allow gratuitous offers, those made without anything offered in exchange (such as gifts), to be given the protection of contract law. So they added the criteria of consideration. Consideration is not required in contracts made in civil law systems and many common law states have adopted laws which remove consideration as a prerequisite of a valid contract.
Legal
That which is according to law. It is used in opposition to equitable, as the legal estate is, in the trustee, the equitable estate in the cestui que trust.
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.
Proper
That which is essential, suitable, adapted, and correct.
Kingdom
A country where an officer called a king exercises the powers of government, whether the same be absolute or limited. Wolff, Inst. Nat. 994. In some kingdoms the executive officer may be a woman, who is called a queen.
Commonwealth
Government. A commonwealth is properly a free state, or republic, having a popular or representative government.
Real
1) A term which is applied to land in its most enlarged signification. Real security, therefore, means the security of mortgages or other incumbrances affecting lands. 2) In the civil law, real has not the same meaning as it has in the common law. There it signifies what relates to a thing, whether it be movable or immovable, lands or goods; thus, a real injury is one which is done to a thing, as a trespass to property, whether it be real or personal in the common law sense. A real statute is one which relates to a thing, in contradistinction to such as relate to a person.
SIMILAR TERMS--------------------------------------
Most significant relationship
The conflict of laws principle that requires that the "proper" (applicable) law be that of the state having the closest and most real connection with the facts of the case concerned. The term was derived from "most significant connection" as first used by J.H.C. Morris and was introduced into American private international law by Willis M. Reese, the principal author of the Restatement (Second) of the Conflict of Laws, 1969, where it figures prominently.
PREVIOUS AND NEXT TERMS--------------------------------------
Mortification
Scotch law. This term is nearly synonymous with mortmain.
Mortmain
An unlawful alienation of lands, or tenements to any corporation, sole or aggregate, ecclesiastical or temporal. These purchases having been chiefly made by religious houses, in consequence of which lands became perpetually inherent in one dead hand, this has occasioned the general appellation of mortmain to be applied to such alienations.
Mortuaries
English law. These are a sort of ecclesiastical heriots, being a customary gift claimed by and due to the minister, in many parishes, on the death of the parishioner.
Mortuum vadium
A mortgage; a dead pledge
Mortuus est
A return made by the sheriff, when the defendant is dead, as an excuse for not executing the writ.
Most significant connection
Most significant relationship
The conflict of laws principle that requires that the "proper" (applicable) law be that of the state having the closest and most real connection with the facts of the case concerned. The term was derived from "most significant connection" as first used by J.H.C. Morris and was introduced into American private international law by Willis M. Reese, the principal author of the Restatement (Second) of the Conflict of Laws, 1969, where it figures prominently.
Mother
Domestic relations. A woman who has borne a child.
Mother-in-law
In Latin socrus. The mother of one's wife, or of one's husband.
Motion
Practice. An application to a court by one of the parties in a cause, or his counsel, in order to obtain some rule or order of court
Motion in limine
A motion made by counsel requesting that information which might be prejudicial not be allowed to be heard in a case.
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This dictionary contains 8526 terms.
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