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| This dictionary contains: 8526 juridical terms |
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Teleological - substantive approach
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Teleological - substantive approachEnvisaging a new ius gentium, Friedrich K. Juenger refuted previous conflict of law theories by creating a multistate justice theory of conflicts of law that is founded upon a result-oriented quest for rules that will foster "stability and fairness." Juenger called this result-oriented reasoning quest as teleological analysis, which like functional analysis (supra), is criticized for being uncertain, arbitrary, homeward-looking, and for being a disguised search for equity, rather than a principled application of law.
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.
Justice
Fairness. A state of affairs in which conduct or action is both fair and right, given the circumstances. In law, it more specifically refers to the paramount obligation to ensure that all persons are treated fairly. Litigants "seek justice" by asking for compensation for wrongs committed against them; to right the inequity such that, with the compensation, a wrong has been righted and the balance of "good" or "virtue" over "wrong" or "evil" has been corrected.
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.
Will
A will is a legal document in which a person directs how his property is to be distributed after his death. Such documents must be executed in due form and must be duly witnessed.
Arbitrary
What depends on the will of the judge, not regulated or established by law.
Search
1) Criminal law. An examination of a man's house, premises or person, for the purpose of discovering proof of his guilt in relation to some crime or misdemeanor of which be is accused. 2) Practice. An examination made in the proper lien office for mortgages, liens, judgments, or other encumbrances, against real estate. The certificate given by the officer as to the result of such examination is also called a search.
Equity
A branch of English law which developed hundreds of years ago when litigants would go to the King and complain of harsh or inflexible rules of common law which prevented "justice" from prevailing. For example, strict common law rules would not recognize unjust enrichment, which was a legal relief developed by the equity courts. The typical Court of Equity decision would prevent a person from enforcing a common law court judgment. The kings delegated this special judicial review power over common law court rulings to chancellors. A new branch of law developed known as "equity", with their decisions eventually gaining precedence over those of the common law courts. A whole set of equity law principles were developed based on the predominant "fairness" characteristic of equity such as "equity will not suffer a wrong to be without a remedy" or "he who comes to equity must come with clean hands".
Application
The primary step in all divorce proceedings and court order. (the standard forms are available from the court office.
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.
SIMILAR TERMS--------------------------------------
PREVIOUS AND NEXT TERMS--------------------------------------
Taxable income
The income against which tax rates are applied to compute tax paid; gross income of businesses or adjusted gross income of individuals less deductions and exemptions.
Taxing costs
Practice. The act by which it is ascertained to what costs a party is entitled.
Teamster
One who drives horses in a wagon for the purpose of carrying goods for hire he is liable as a common carrier.
Technical
That which properly belongs to an art.
Teinds
Scotch Law. That liquid proportion of the rents or goods of the people, which is due to churchmen for performing divine service, or exercising the other spiritual functions proper to their several offices
Teleological - substantive approach
Teller
An officer in a bank or other institution. He is said to take that name from tallier, or one who kept a tally, because it is his duty to keep the accounts between the bank or other institution and its customers, or to make their accounts tally. In another sense teller signifies a person appointed to receive votes. In England the name of teller is given to certain officers in the exchequer.
Temp
A temporary employee working for a limited period of time or on a defined project who generally does not receive traditional employee benefits.
Temporary
That which is to last for a limited time; as, a temporary sta-tute, or one which is limited in its operation for a particular period of time after its enactment the opposite of perpetual.
Temporary custody
A spouse's right to have parenting time with his or her child. it includes extended stays and overnights.
Temporary protected status
(TPS) Establishes a legislative basis for allowing a group of persons temporary refuge in the United States. Under a provision of the Immigration Act of 1990, the Attorney General may designate nationals of a foreign state to be eligible for TPS with a finding that conditions in that country pose a danger to personal safety due to ongoing armed conflict or an environmental disaster. Grants of TPS are initially made for periods of 6 to 18 months and may be extended depending on the situation.
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.
Justice
Fairness. A state of affairs in which conduct or action is both fair and right, given the circumstances. In law, it more specifically refers to the paramount obligation to ensure that all persons are treated fairly. Litigants "seek justice" by asking for compensation for wrongs committed against them; to right the inequity such that, with the compensation, a wrong has been righted and the balance of "good" or "virtue" over "wrong" or "evil" has been corrected.
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.
Will
A will is a legal document in which a person directs how his property is to be distributed after his death. Such documents must be executed in due form and must be duly witnessed.
Arbitrary
What depends on the will of the judge, not regulated or established by law.
Search
1) Criminal law. An examination of a man's house, premises or person, for the purpose of discovering proof of his guilt in relation to some crime or misdemeanor of which be is accused. 2) Practice. An examination made in the proper lien office for mortgages, liens, judgments, or other encumbrances, against real estate. The certificate given by the officer as to the result of such examination is also called a search.
Equity
A branch of English law which developed hundreds of years ago when litigants would go to the King and complain of harsh or inflexible rules of common law which prevented "justice" from prevailing. For example, strict common law rules would not recognize unjust enrichment, which was a legal relief developed by the equity courts. The typical Court of Equity decision would prevent a person from enforcing a common law court judgment. The kings delegated this special judicial review power over common law court rulings to chancellors. A new branch of law developed known as "equity", with their decisions eventually gaining precedence over those of the common law courts. A whole set of equity law principles were developed based on the predominant "fairness" characteristic of equity such as "equity will not suffer a wrong to be without a remedy" or "he who comes to equity must come with clean hands".
Application
The primary step in all divorce proceedings and court order. (the standard forms are available from the court office.
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.
SIMILAR TERMS--------------------------------------
PREVIOUS AND NEXT TERMS--------------------------------------
Taxable income
The income against which tax rates are applied to compute tax paid; gross income of businesses or adjusted gross income of individuals less deductions and exemptions.
Taxing costs
Practice. The act by which it is ascertained to what costs a party is entitled.
Teamster
One who drives horses in a wagon for the purpose of carrying goods for hire he is liable as a common carrier.
Technical
That which properly belongs to an art.
Teinds
Scotch Law. That liquid proportion of the rents or goods of the people, which is due to churchmen for performing divine service, or exercising the other spiritual functions proper to their several offices
Teleological - substantive approach
Teller
An officer in a bank or other institution. He is said to take that name from tallier, or one who kept a tally, because it is his duty to keep the accounts between the bank or other institution and its customers, or to make their accounts tally. In another sense teller signifies a person appointed to receive votes. In England the name of teller is given to certain officers in the exchequer.
Temp
A temporary employee working for a limited period of time or on a defined project who generally does not receive traditional employee benefits.
Temporary
That which is to last for a limited time; as, a temporary sta-tute, or one which is limited in its operation for a particular period of time after its enactment the opposite of perpetual.
Temporary custody
A spouse's right to have parenting time with his or her child. it includes extended stays and overnights.
Temporary protected status
(TPS) Establishes a legislative basis for allowing a group of persons temporary refuge in the United States. Under a provision of the Immigration Act of 1990, the Attorney General may designate nationals of a foreign state to be eligible for TPS with a finding that conditions in that country pose a danger to personal safety due to ongoing armed conflict or an environmental disaster. Grants of TPS are initially made for periods of 6 to 18 months and may be extended depending on the situation.
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This dictionary contains 8526 terms.
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