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Concerning a case, a person may have received some funding from a 3rd party. This funding may have been considered ab extra. / ˌ æ b ˈ ɛ k s t r ə / ab initio: from the beginning "Commonly used referring to the time a contract, statute, marriage, or deed become legal. e.g. The couple was covered ab initio by her health policy." [1] / ˌ æ ...
John Barker Waite also contrasted the totality of the circumstances test against rigid rules; he wrote that a judge's determination about a defendant's guilt will always be based on their reactions "to the totality of the circumstances", and the basis for such determinations cannot be "reduced to rule". [8]
Prima facie (/ ˌ p r aɪ m ə ˈ f eɪ ʃ i,-ʃ ə,-ʃ i iː /; from Latin prīmā faciē) is a Latin expression meaning "at first sight", [1] or "based on first impression". [2] The literal translation would be "at first face" or "at first appearance", from the feminine forms of primus ("first") and facies ("face"), both in the ablative case.
A legal remedy, also referred to as judicial relief or a judicial remedy, is the means with which a court of law, usually in the exercise of civil law jurisdiction, enforces a right, imposes a penalty, or makes another court order to impose its will in order to compensate for the harm of a wrongful act inflicted upon an individual.
It is a question of law, and has to be decided on an objective basis with full reference to the facts of the case. [ 16 ] Although the GCHQ case states that "effect will be given in public law" for a legitimate expectation, the legitimacy of an expectation is not meant to be a conclusory label assuring the court's provision of remedies, but ...
In some cases, people may regard legal protections such as the exclusionary rule as legal technicalities. [4] In the introduction to A Dictionary of Human Rights, David Robertson states (emphasis in original): "One cannot dismiss legal technicalities and cut through legal language entirely, because rights basically are legal technicalities ...
A case theory (aka theory of case, theory of a case, or theory of the case) is “a detailed, coherent, accurate story of what occurred" involving both a legal theory (i.e., claims/causes of action or affirmative defenses) and a factual theory (i.e., an explanation of how a particular course of events could have happened).
Case law, also used interchangeably with common law, is a law that is based on precedents, that is the judicial decisions from previous cases, rather than law based on constitutions, statutes, or regulations. Case law uses the detailed facts of a legal case that have been resolved by courts or similar tribunals. These past decisions are called ...