Juridical Dictionary

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8526
juridical terms

Obligatory forum court statute






Obligatory forum court statute

In the conflict of laws, an obligatory forum court statute is a national statute or international convention, which is compulsorily applicable whenever any case on the subject of that statute or convention is heard in the courts of the State in question. Most legal authors do not distinguish obligatory forum court statutes from public order (infra) or mandatory rules (supra) of the forum, but such statutes are distinguishable from both those concepts, in that they are obligatorily applied by the forum court, whenever a case involving their subject matter is tried in such a court, rather than because of any connecting factor (contact) linking the case to the law of that forum (State).

RELATED TERMS
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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.

Court
A body in government to which the administration of justice is delegated.

Statute
The written will of the legislature, solemnly expressed according to the forms prescribed in the constitution; an act of the legislature.

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

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

Convention
1) Contracts, civil law. A general term which comprehends all kinds of contracts, treaties, pacts, or agreements. It is defined to be the consent of two or more persons to form with each other an engagement, or to dissolve or change one which they had previously formed. 2) , legislation. This term is applied to a selecting of the delegates elected by the people for other purposes than usual legislation. It is mostly used to denote all assembly to make or amend the constitution of, a state, but it sometimes indicates an assembly of the delegates of the people to nominate officers to be supported at an election.

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

Subject
1) Contracts. The thing which is the object of an agreement. This term is used in the laws of Scotland. 2) Persons, government. An individual member of a nation, who is subject to the laws; this term is used in contradistiction to citizen, which is applied to the same individual when considering his political rights.

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.

Question
1) Punishment, crm. law. A means sometimes employed, in some countries, by means of torture, to compel supposed great criminals to disclose their accomplices, or to acknowledge their crimes. 2) Evidence. An interrogation put to a witness, requesting him to declare the truth of certain facts as far as he knows them. 3) Practice. A point on which the parties are not agreed, and which is submitted to the decision of a judge and jury.

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.

Public
By the term the public, is meant the whole body politic, or all the citizens of the state; sometimes it signifies the inhabitants of a particular place; as, the New York public.

Order
An instruction rightfully given by someone superior in hyerarchy. Also, a social state of civil coexistance without widespread public violence.

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.

Matter
Some substantial or essential thing, opposed to form; facts.



SIMILAR TERMS
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Obligation
In its general and most extensive sense, obligation is synony- mous with duty. In a more technical meaning, it is a tie which binds us to pay or to do something agreeably to the laws and customs of the country in which the obligation is made.

Obligation of contracts
By this expression, which is used in the consti- tution of the United States, is meant a legal and not merely a moral duty. The obligation of contracts consists in the necessity under which a man finds himself to, do, or to refrain from doing something. This obligation consists generally both in foro legis and in foro conscientice, though it does at times exist in one of these only. It is certainly of the first, that in foro legis, which the framers of the constitution spoke, when they prohibited the passage of any law impairing the obligation of contract.

Obligations of confidentiality
Where information is original and not publicly known, it may be considered to be confidential information. If you need to disclose it to another, an obligation of confidentiality must be imposed on the recipient - this will allow you legal remedies against the recipient if the obligation is broken. In certain circumstances, where trust is implicit in an arrangement that obligation may be implied even where there is no written agreement. With employees, implied obligations of confidentiality apply during employment - post employment restrictions in relation to confidential information should generally be expressly agreed in writing, preferably in the employment contract.

Obligee
Obligee or creditor. Contracts. The person in favor of whom some obliga- tion is contracted, whether such obligation be to pay money, or to do, or not to do something.

Obligor
The person who owes money or property as the result of a judgment.



PREVIOUS AND NEXT TERMS
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Objection
The verbal response of a lawyer when something inappropriate is happening during a trial or deposition. it is one of many steps involved in protecting the record.

Oblation
Ecclesiastical law. In a general sense the property which accrues to the church by any right or title whatever; but, in a more limited sense, it is that which the priest receives at the altar, at the celebration of the eucharist

Obligation
In its general and most extensive sense, obligation is synony- mous with duty. In a more technical meaning, it is a tie which binds us to pay or to do something agreeably to the laws and customs of the country in which the obligation is made.

Obligation of contracts
By this expression, which is used in the consti- tution of the United States, is meant a legal and not merely a moral duty. The obligation of contracts consists in the necessity under which a man finds himself to, do, or to refrain from doing something. This obligation consists generally both in foro legis and in foro conscientice, though it does at times exist in one of these only. It is certainly of the first, that in foro legis, which the framers of the constitution spoke, when they prohibited the passage of any law impairing the obligation of contract.

Obligations of confidentiality
Where information is original and not publicly known, it may be considered to be confidential information. If you need to disclose it to another, an obligation of confidentiality must be imposed on the recipient - this will allow you legal remedies against the recipient if the obligation is broken. In certain circumstances, where trust is implicit in an arrangement that obligation may be implied even where there is no written agreement. With employees, implied obligations of confidentiality apply during employment - post employment restrictions in relation to confidential information should generally be expressly agreed in writing, preferably in the employment contract.

Obligatory forum court statute

Obligee
Obligee or creditor. Contracts. The person in favor of whom some obliga- tion is contracted, whether such obligation be to pay money, or to do, or not to do something.

Obligor
The person who owes money or property as the result of a judgment.

Obreption
Civil law. Surprise.

Obscenity
Criminal law. Such indecency as is calculated to promote the violation of the law, and the general corruption of morals.

Obsolescence
One of the causes of depreciation: an impairment of desirability and usefulness caused by new inventions, current changes in design, improved processes of production, or external factors that make a property less desirable and valuable for a continued use.

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This dictionary contains 8526 terms.