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A legal doctrine is a framework, set of rules, procedural steps, or test, often established through precedent in the common law, through which judgments can be determined in a given legal case. For example, a doctrine comes about when a judge makes a ruling where a process is outlined and applied, and allows for it to be equally applied to like ...
In American law, the clear statement rule is a guideline for statutory construction, instructing courts to not interpret a statute in a way that will have particular consequences unless the statute makes unmistakably clear its intent to achieve that result. [1]
This doctrine is applied in matters in which truth is used as an absolute defence to a defamation claim brought against a public figure, but only false statements made with "actual malice" are subject to sanctions. [2] A defendant using truth as a defence in a defamation case is not required to justify every word of the alleged defamatory ...
By definition, political doctrine is "[a] policy, position or principle advocated, taught or put into effect concerning the acquisition and exercise of the power to govern or administrate in society." [15] The term political doctrine is sometimes wrongly identified with political ideology. However, doctrine lacks the actional aspect of ideology ...
Equity (law) Erga omnes; Erie doctrine; Essential facilities doctrine; Estoppel; Evasion (law) Everything which is not forbidden is allowed; Ex turpi causa non oritur actio; Exceptional circumstances; Exclusionary rule; Executive privilege; Exhausted combination doctrine; Exhaustion doctrine under U.S. law; Exhaustion of intellectual property ...
The doctrine of absurdity holds that commonsense interpretations should be preferred in such cases, rather than literal readings. Under the absurdity doctrine , American courts have interpreted statutes contrary to their plain meaning in order to avoid absurd legal conclusions.
Jurisprudence, also known as theory of law or philosophy of law, is the examination in a general perspective of what law is and what it ought to be.It investigates issues such as the definition of law; legal validity; legal norms and values; as well as the relationship between law and other fields of study, including economics, ethics, history, sociology, and political philosophy.
The Rule section of an IRAC follows the statement of the issue at hand. The rule section of an IRAC is the statement of the rules pertinent in deciding the issue stated. Rules in a common law jurisdiction derive from court case precedent and statute. The information included in the rules section depends heavily on the specificity of the ...