Menu III

 

i.  All About Jury Trials – in chronological order, of course.

ii.  Every Type of Court Order – categorized, like we do.

iii.  All Types of Pleadings – formal documents setting forth or responding to allegations, claims, denials, or defenses.

iv.  Every Type of Motion – request a the judge to issue a specific Court Order.

v.  Every Form of Objection – oppose something that has occurred or is about to occur: seek the judge’s immediate ruling on the point.

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Definitions to be integrated throughout this site still:

legal:
adj. (15c)

1. Of, relating to, or involving law generally; falling within the province of law <pro bono legal services>.

2. Established, required, or permitted by law; LAWFUL <it is legal to carry a concealed handgun in some states>.

3. Of, relating to, or involving law as opposed to equity.

legal act:
(15c)

1. Any act not condemned as illegal.  *  For example, a surgeon’s incision is a legal act, while stabbing is an illegal one.

2. An action or undertaking that creates a legally recognized obligation; an act that binds a person in some way. [2]

     Excerpt from Thomas E. Holland’s The Elements of Jurisprudence (13th ed. 1924):

     “A lunatic, though capable of holding property, was in Roman law incapable of any legal act. [2]

law:
(bef. 12c)

l. The regime that orders human activities and relations through systematic application of the force of politically organized society, or through social pressure, backed by force, in such a society; the legal system <respect and obey the law>.

2. The aggregate of legislation, judicial precedents, and accepted legal principles; the body of authoritative grounds of judicial and administrative action; especially, the body of rules, standards, and principles that the courts of a particular jurisdiction apply in deciding controversies brought before them <the law of the land>.

3. The set of rules or principles dealing with a specific area of a legal system <copyright law>.

4. The judicial and administrative process; legal action and proceedings <when settlement negotiations failed, they submitted their dispute to the law>.

5. A statute <Congress passed a law>. — Abbr. L.

6. COMMON LAW <law but not equity>.

7. The legal profession <she spent her entire career in law>.

     Excerpt from Roscoe Pound’s “More About the Nature of Law,” in Legal Essays in Tribute to Orrin Kip McMurray (Max Radin & Alexander M. Kidd eds., 1935):

     “Some twenty years ago I pointed out two ideas running through definitions of law: one an imperative idea, an idea of a rule laid down by the lawmaking organ of a politically organized society, deriving its force from the authority of the sovereign; and the other a rational or ethical idea, an idea of a rule of right and justice deriving its authority from its intrinsic reasonableness or conformity to ideals of right and merely recognized, not made, by the sovereign. [3]

     Excerpt from Tony Honoré’s Making Law Bind: Essays Legal and Philosophical (1987):

     “All law is the law of a group of individuals or of groups made up of individuals. No one can make a law purely for himself. He may form a resolution, frame an ambition, or adopt a rule, but these are private prescriptions, not laws. [4]

     Excerpt from Richard A. Posner’s The Problems of Jurisprudence (1990):

     “It will help to distinguish three senses of the word ‘law.’ The first is law as a distinctive social institution; that is the sense invoked when we ask whether primitive law is really law. The second is law as a collection of sets of propositions -the sets we refer to as antitrust law, the law of torts, the Statute of Frauds, and so on. The third is law as a source of rights, duties, and powers, as in the sentence ‘The law forbids the murdering heir to inherit. [5]

body politic:
(15c)

1. A group of people regarded in a political (rather than private) sense and organized under a common governmental authority. [1]

Types of Body Politic:

State – a system of relations by which jurisdiction and authority are devised and maintained by a community of politically organized people aiming to secure the prevalence of justice via self-imposed law.

County –

Commonwealth –

Municipality –

Federal –

Territory –

State Law has Two Parts:

 Excerpt from Edwin E. Bryant’s The Law of Pleading Under the Codes of Civil Procedure (2d ed. 1899):

     “The body of law in a State consists of two parts, substantive and adjective law.  The former prescribes those rules of civil conduct which declare the rights and duties of all who are subject to the law.  The latter relates to the remedial agencies and procedure by which rights are maintained their invasion redressed, and the methods by which such results are accomplished in judicial tribunals.” [6]

Adjective Law – the body of rules governing procedure and practice (“procedural law”).

Substantive Law – creates, defines, and regulates the rights, duties, and powers of parties. 

canon law. See CANON LAW.

b caselaw. See CASELAW.

> civil law. See CIVIL LAW.

> common law. See COMMON LAW.

r consuetudinary law (kon-swa-t[y]oo-da-ner-ee). [fr. Latin consuetudo “custom”] (18c) Hist. Ancient customary law that is based on an oral tradition. See CUSTOMARY LAW.

     Excerpt from James Muirhead’s Historical Introduction to the Private Law of Rome (Henry Goudy ed., 1899):

     “Great as may be the difficulty experienced by philosophical jurists in defining the ground of the authority of consuetudinary law, there is no room to dispute the importance of its contributions to every system of jurisprudence, ancient or modern.  The men who first drew, accepted, and endorsed a bill of exchange did as much for the law as any lawgiver has ever accomplished. They may or may not have acted on the advice of jurists; but, whether or not, they began a practice which grew into custom, and as such was recognized by the tribunals as a law-creating one, one conferring rights and imposing obligations.  There is much of this far more probably than is commonly imagined in the history of every system of law. [7]

p conventional law. See CONVENTIONAL LAW.

> customary law. See CUSTOMARY LAW. > divine law. See DIVINE LAW.

v elementary law. See ELEMENTARY LAW.

> enacted law. Law that has its source in legislation; WRITTEN LAW.

federal law. See FEDERAL LAW

fundamental law. See FUNDAMENTAL LAW.

” general law. (16C) 1. Law that is neither local nor confined in application to particular persons.  *  Even if there is only one person or entity to which a given law applies when enacted, it is general law if it purports to apply to all persons or places of a specified class throughout the jurisdiction. «Also termed general statute; law of a general nature. Cf. special law. 2. A statute that relates to a subject of a broad nature.

imperative law. (17c) A rule in the form of a command, a rule of action imposed on people by some authority that enforces obedience.

“Strictly speaking, it is not possible to say that imperative law is a command in the ordinary sense at the word A ‘command’ in the ordinary meanin of the word is an expression of a wish by a person or bo y as to the cond irt of another person, communicated to that other person. But (1) in the case of the law there is no determinate pom;

Who as a matter of psychological fact commands all it, law. We are all born into a community in which law a ready exists, and at no time in our lives do any of us command the whole law. The most that we do is to play our part in enforcing or altering particular portions of it. 2) ignorance of the law is no excuse; thus a rule of law is in in evnn though not communicated to the subject of the law.’ John Salmond, Jurisprudence 21 n.(c) (Glanvilie L. Williams 2d,, 10th ed. 1947).

> imperfect law. Law that is neither imperative nor arising from a definite text, examples being customary law and early international law. Cf. perfect law.

> internal law. 1. Law that regulates the domestic affairs Of a country. Cf. INTERNATIONAL LAW. 2. LOCAL LAw (3),

> local law. See LOCAL LAW. > moral law. See MORAL LAW.

> municipal law. See MUNICIPAL LAW. b natural law. See NATURAL LAW.

b partial law. (16c) A statute designed (usu. intentionally) to affect the rights Of only one particular person or only certain classes of people, rather than all people.

> perfect law. Law that is imperative and deiinite, such as the positive law within a jurisdiction. Cf. imperfect law.

b permanent law. (17c) A statute that continues in force for an indeiinite time.

> positive law. See POSITIVE LAW. > procedural law. See PROCEDURAL LAW.

> prospective law. See prospective statute under STATUTE. , public law. See PUBLIC LAW.

> special law. (16c) A statute that pertains to and affects a particular case, person, place, or thing, as opposed to the general public. –Also termed special act; private law. Cf. general law (1); private bill under BILL (3).

 

> sumptuary law. See SUMPTUARY LAW.

r tacit law. Law that derives its authority from the peeple’s consent, without a positive enactment.

> unenacted law. (1882) Law that does not have its source in legislation. See unwritten law.

r unwritten law. (16c) A rule, custom, or practice that has not been enacted in the form of a statute or ordinance. 0 The term traditionally includes caselaw. Hence there certainly is a written memorial Of the “unwritten law.” The phrase simply denotes that this law does not originate in a writing such as a statute. — aka jus non scriptum; jus ex non scripto; lex non scripta; ju.moribus constitutum; unenacted law.  See CASELAW.  Cf. written law.

‘ijhe very words of the court promulgating the opinio and making the decision do not determine absolutely th rule of law but . . . the rule of law is ascertained by dis covering what general proposition was essential to ti1 remit reached, and by using the words of the opinion as

imperative law. (17c) A rule in the form of a command; a rule of action imposed on people by some authority

that enforces obedience.

“Strictly speaking, it is not possible to say that impera

tive law is a command in the ordinary sense of the word. A ‘command’ in the ordinary meaning of the word is an expression of a wish by a person or body as to the condJct of another person, communicated to that other person. 8 n (1) in the case of the law there is no determinate person who as a matter of psychological fact commands a l the law. We are all born into a community in which law a ready exists, and at no time in our lives do any of us commard the whole law. The most that we do is to play our part in enforcing or altering particular portions of it. 2) Ignorance of the law is no excuse; thus a rule of law is indin even though not communicated to the subject of the law.’ John Salmond, Jurisprudence 21 n.(c) (Glanville L. Williams ed., 10th ed. 1947).

> imperfect law. Law that is neither imperative nor arising from a definite text, examples being customary law and early International law. Cf. perfect law.

> internal law. 1. Law that regulates the domestic affairs of a country. Cf. INTERNATIONAL LAW. 2. LOCAL LAW (3).

> local law. See LOCAL LAW.

> moral law. See MORAL LAW.

> municipal law. See MUNICIPAL LAW. > natural law. See NATURAL LAW.

b partial law. (16c) A statute designed (usu. intentionally) to affect the rights of only one particular person or only certain classes of people, rather than all people.

> perfect law. Law that is imperative and definite, such as the positive law Within a jurisdiction. Cf. imperfect law.

> permanent law. (17c) A statute that continues in force for an indefinite time.

, positive law. See POSITIVE LAW. > procedural law. See PROCEDURAL LAW. > prospective law. See prospective statute under STATUTE.

> public law. See PUBLIC LAW.

> special law. (16c) A statute that pertains to and affects a particular case, person, place, or thing, as opposed to the general public. — aka special act; private law. Cf. general law (1); private bill under BILL (3).

 > sumptuary law. See SUMPTUARY LAW.

> tacit law. Law that derives its authority from the people’s consent, without a positive enactment.

> unenacted law. (1882) Law that does not have its source in legislation. See unwritten law.

> unwritten law. (16c) A rule, custom, or practice that has not been enacted in the form of a Statute or ordinance. 0 The term traditionally includes caselaw. Hence there certainly is a written memorial of the “unwritten law.” The phrase simply denotes that this law does not originate in a writing such as a statute. -Also termed jus non scriptum; jus ex non scripto; lex non scripta; jus moribus constitutum; unenacted law. See CASELAw. Cf. written law.

“[T]he very words of the court promulgating the opinion and making the decision do not determine absolutely the rule of law but . . . the rule of law is ascertained by discovering what general proposition was essential to the result reached, and by using the words of the opinion as a 

mere aid in the ascertaining of that rule, so that, although opinions are written, the authoritative rules derived from them are sometimes not written, but are ascertained by the use of reason, causing case law to be classed as unwritten law lex non scripta, to use the Latin phrase.” William m. Lile et al., Brief Making and the Use of Law Books 335 (Roger W. Cooley & Charles Lesley Ames eds., 3d ed. 1914).

“in the common law it is not too much to say that the judges are always ready to look behind the words of a precedent to what the previous court was trying to say, or to what it would have said if it could have foreseen the nature of the cases that were later to arise, or if its perception of the relevant factors in the case before it had been more acute. There is, then, a real sense in which the written words of the reported decisions are merely the gateway to something lying behind them that may be called, without any excess of poetic license, ‘unwritten law.’” Lon L. Fuller, Anatomy of the Law 145 (1968).

,written law. (16c) Statutory law, together with consti’ tutions and treaties, as opposed to judge-made law. ~ Also termed jas scriptum; lex scripta. Cf. unwritten law.

Webiding, adj. (1839) Respectful of and obedient to the law; observant of the law. -law-abidingness, n.

W agent. Scots law. See SOLICITOR (4).

law and economics. (often cap.) (1979) 1. A discipline adv0v eating the economic analysis of the law, whereby legal rules are subjected to a cost-benefit analysis to determine whether a change from one legal rule to another will increase or decrease allocative efficiency and social wealth. 0 Originally developed as an approach to antitrust policy, law and economics is today used by its proponents to explain and interpret a variety of legal subjects. 2. The field or movement in which scholars devote themselves

to this discipline. 3. The body of work produced by these scholars.

law and literature. (often cap.) (1789) 1. Traditionally, the study of how lawyers and legal institutions are depicted in literature; esp., the examination of law-related fiction as sociological evidence of how a given culture, at a given time, views law. –Also termed law in literature. 2. More modernly, the application of literary theory to legal texts, focusing esp. on lawyers’ rhetoric, logic, and style, as well as legal syntax and semantics. -Also termed law as literature. 3. The field or movement in which scholars devote themselves to this study or application. 4. The body of work produced by these scholars.

law arbitrary. A law not found in the nature of things, but imposed by the legislature’s mere will; a bill not immutable.

law as integrity. An interpretive method that calls on judges to read legal texts according to the principles that, in the judges’ eyes, portray them in their best moral light. Sec Scott I. Shapiro, Legality 304 (2011).

law as literature. See LAW AND LITERATURE (2). law between states. See INTERNATIONAL LAw.

law-binding, n. (18c) A style of tan hardcover bookcovering, usually calf or sheep, traditionally used for lawbooks. -Also termed law-cam

hubook. 16c) A book. usually a technical one, about the law;

cap a primary legal text such as a statute book or book rts caselaw. -Also written law book.

f. 12c A violation of the law; an infrac~ misdeed.

lawbreaker, n. (15c) Someone who violates or has violated the law; someone who does something illegal.

lawburrows (law-bar-ohz). (15c) Scots law. 1. An action requiring security for the peaceable behavior of a party. 2. Security obtained by a party apprehensive of danger to safeguard the peace; specif., a writ in the name of the sovereign commanding a person to give security against committing violence on another.

; law-calf. See LAW-BINDING. law clerk. 1. See CLERK (4). 2. See PARALEGAL (2).

law commission. (often cap.) An oilicial or quasi-official body of people formed to propose legal reforms intended to improve the administration of justice. 0 Such a bod is often charged with the task of reviewing the law wit

an eye toward systematic development and reform, esp. through codification.

law court. 1. See COURT (1). 2. See COURT (2). -Also written law-court.

law court of appeals. Hist. An appellate tribunal, formerly

existing in South Carolina, for hearing appeals from the courts of law.

law-craft, 11. (16c) The practice of law.

“This quest for ever-broader empirical understanding must, of course, be kept under reasonable control in practical law-craft, lest it delay necessary decisions in a continually expanding and pointlessly expensive fact-finding spiral.” Bruce A. Ackerman, Reconstructing American Law 30 (1984).

law day. (13c) l. Archaic. The yearly or twice-yearly meeting of one of the early common~law courts. 2. Archaic. The day appointed for a debtor to discharge a mortgage or else forfeit the property to the lender. 3. (cap) A day on which American schools, public assemblies, and courts draw attention to the importance of law in modern society. 0 Since 1958, the ABA has sponsored Law Day on May 1 of each year.

law degree. See JURIS DOCTOR.

law department. (1849) A branch of a corporation, government agency, university, or the like charged with handling the entity’s legal affairs.

law enforcement. (1895) 1. The detection and punishment of violations of the law. 0 This term is not limited to the enforcement of criminal laws. For example, the Freedom of Information Act contains an exemption from disclosure for information compiled for law enforcement purposes and furnished in confidence. That exemption is valid for the enforcement of a variety of noncriminal laws (such as national-security laws) as well as criminal laws. See 5 USCA § 552(b)(7). 2. CRIMINAL JUSTICE (2). 3. Police officers and other members of the executive branch of government charged with carrying out and enforcing the criminal law.

law-enforcement agent. See LAW-ENFORCEMENT OFFICER.

Law Enforcement Assistance Administration. A former federal agency (part of the Department of Justice) that was responsible for administering law-enforcement grants under the Omnibus Crime Control and Safe Streets Act; of 1968. 0 It has been replaced by a variety of federal L agencies, including the National Institute of Corrections and National Institute of Justice. -Abbr. LEAA.

Law Enforcement Information Network. A computerized communications system that some states use to

document driver’s-license records, automobile registrations, wanted-persons’ files, and the like. -Abbr. LEIN.

law-enforcement oflicer. (1919) A person whose duty is to enforce the laws and preserve the peace. Sometimes shortened to law opicer. –Also termed law-enforcement agent. See PEACE OFFICER; SHERIFF.

law-enforcement system. See CRIMINAL-JUSTICE SYSTEM.

Historical Legal Dialects:

Law French – the corrupted form of the Norman French language that arose in England in the centuries after William the Conqueror invaded England in 1066, being used for centuries afterward.

Law Latin – corrupted form of Latin (mixed with French and English) used in law and legal documents, including writs, royal charters, and private deeds.

lawful, adj. (13c) Not contrary to law; permitted or recognized by law <the police oiiicer conducted a lawful search of the premises>. See LEGAL. -lawfulness, n.

lawful admission. (1899) Immigration. Legal entry into the country, including under a valid immigrant visa.  *  Lawful admission is one of the requirements for an immigrant to receive a naturalization order and certificate. s USCA §§ 1101(a)(20), 1427(a)(1), 1429.

lawful age. (16c) 1. See age of capacity under AGE. 2. ‘ite 033 of majority (1) under AGE.

lawful arrest. See ARREST (2).

lawful authorities. (16c) Those persons (such as the poiIce) with the right to exercise public power, to require obedience to their lawful commands, and to command or act in the public name.

lawful cause. See good cause under CAUSE (2). lawful condition. See CONDITION (2).

lawful correction. The appropriate and moderate discipline of a child for misbehavior.  *  Factors in determining whether correction is lawful or excessive include the child’s age, sex, condition, and disposition, as well as the surrounding circumstances.

lawful deed. See good deed under DEED.

lawful dependent. See DEPENDENT (1).

lawful discrimination. See DISCRIMINATION (3). lawful entry. See ENTRY (1).

lawful excuse. See EXCUSE (2).

lawful fence. (17c) A strong, substantial, and well-suited barrier that is sufficient to prevent animals from escaping property and to protect the property from trespassers. — aka legal fence; good and lawful fence. Cf. SPITE FENCE.

lawful goods. (16c) Property that one may legally hold, sell, or export; property that is not contraband.

lawful heir. See HEIR (1).

lawful issue. See ISSUE (3). lawful justification. See JUSTIFICATION (2).

lawful man. See LEGALIS HOMO.

lawful money. See MONEY.

lawful noncitizen. See NONCITIZEN.

lawful-orders defense. See NUREMBERG DEFENSE (2).

lawful process. See legal process under PROCESS.

lawful representative. See REPRESENTATIVE (1).

lawgiver. (14c) l. A legislator, esp. one who promulgates an entire code of laws. 2. A judge with the power to interpret law. -lawgiving, adj. 8: n.

“John Chipman Gray in his The Nature and Sources of the Law (1921) repeats a number of times a quotation from Bishop Hoadley [1676-1761]: ‘Whoever hath an absolute authority to interpret any written or spoken laws, it is he who is truly the Law-giver to all intents and purposes, and not the person who first wrote or spoke them.” Lon L. Fuller, Anatomy of the Law 23-24 (1968).

law guardian. See guardian ad litem under GUARDIAN (I).

law-hand. (18c) Hist. An outmoded rococo method of handwriting once used by scribes in preparing legal documents.

law in action. (1909) The law as applied in the day-to-day workings of the legal system, as opposed to the law found in books. Sometimes written law-inaction. ~Also termed functionalism. See LEGAL REALISM. Cf. LAW IN BOOKS.

law in books. (1909) The legal rules to be found in texts; esp., sterile, oft-repeated rules that seem to de art from the way in which the law actually operates in t e day tat day workings of the legal system. -Sometimes written law-in-books. Cf. LAw IN ACTION.

law in literature. See LAW AND LITERATURE (1).

law journal. (1803) l. A legal periodical or magazine, esp. one published by a bar association. «Abbr. LJ. 2. LAW REVIEW (1). law language. See LEGALESE.

 

lawless, adj. Not obeying the law; not controlled by the law <a lawless society>.

law list. (18c) 1. A published compilation of the names and addresses of practicing lawyers and other information of interest to the profession, such as legal organizations, court calendars, rosters of specialists, court reporters, and the like. 2. A legal directory that provides biographical information about lawyers, such as Martindale-Hubbell. 0 Many states and large cities have law lists or directories. See MARTINDALE-HUBBELL LAW DIRECTORY.

Law Lord. (18c) Hist. A member of the appellate committee of the House of Lords, consisting of the Lord Chancellor, the salaried Lords of Appeal in Ordinary, and any peer who holds or has held high judicial office. -Also written law lord.

lawmaker. An elected Oflicial responsible for making laws; LEGISLATOR.

lawmaking. See LEGISLATION (1).

lawman (law-man), n. A male law-enforcement officer; a police or other oflicer who is responsible for ensuring that the law Is not violated with impunity.

martial. See MARTIAL LAW.

Law Merchant – a system of customary law (modern day U.C.C.) that developed in Europe during the Middle Ages and regulated the dealings of mariners and merchants in the commercial countries of the world until the 17th century.

lawnote. See NOTE (2).

law of a general nature. See general law under LAW.

law of arms. See ARMS, LAW OF.

law of capture. See RULE 0F CAPTURE.

law of Citations. See CITATIONS, LAW OF.

law of competence. A law establishing and defining the powers of a government official, including the circumstances under which the official’s pronouncements constitute laws. -Also termed power-delegating law. See juml act under ACT (2); IURAL AGENT. ‘ ‘

law of deceit. (1881) Hist. The body of 19th-century common-law torts that developed into the modern laws of trademark, securities fraud, deceptive trade practices, and unfair competition.

law of evidence. See EVIDENCE (4).

law officer. (18c) l. A person that the law invests with a position of trust, authority, or command, such as an attorney general or solicitor general. 2. LAW-ENFORCEMENT OFFICER. 3. OFFICER OF THE COURT.

law of Langobardi. See LOMBARD LAW. law of Lombardy. See LOMBARD LAW.

law of marque (mahrk). (17c) A rule of reprisal allowing one who has been wronged but cannot obtain justice to take the goods of the wrongdoer found within the wronged person’s precinct, in satisfaction of the wrong.

law of Moses. See MOSAIC LAW.

law of nations. See INTERNATIONAL LAW.

law of nature. See NATURAL LAW.

law of nature and nations. See INTERNATIONAL LAW.

law of persons. (17c) The law relating to persons; the law that pertains to the different statuses 0 persons.  *  This is also commonly known as the jus personarum, a shortened form ijus quad ad personas pertinet (“the law that pertains to persons”). See IUS PERSONARUM.

law of remedy. See REMEDY.

Pertaining to Maritime Law:

Law of Shipping – the part of maritime law relating to the building, equipping, registering, owning, inspecting, transporting, and employing of ships, along with the laws applicable to shipmasters, agents, crews, and cargoes.

Law of the Flag – the law of the country whose flag is flown governs a ship’s affairs.

 

law of the apex. (1886) Mining law. The principle that title to a given tract of mineral land, with defined mining rights, goes to the person who locates the surface covering the outcrop or apex.

law of the case. (18c) l. The doctrine holding that a decision rendered in a former appeal of a case is binding in a later appeal. 2. An earlier decision giving rise to the application of this doctrine. Cf. LAW OF THE TRIAL; RES IUDICATA; STARE DECISIS.

law of the circuit. (1861) 1. The law as announced and followed by a U.S. Circuit Court of Appeals. 2. The rule that one panel of judges on a U.S. Circuit Court of Appeals should not overrule a decision of another panel of judges on the same court. 3. The rule that an opinion of one U.S. Circuit Court of Appeals is not binding on another circuit but may be considered persuasive.

law of the forum. See LEX FORI.

Law of The Hague. The first widely accepted body of international law of war, as approved by conventions in The Hague in 1899 and 1907. 0 The Law of The Hague set up procedures for mediation and arbitration of disputes to avoid war, and attempted to regulate the type and use of weapons in warfare. See LIEBER CODE.

law of the land. (15c) The law in effect in a country and applicable to its members, whether the law is statutory, administrative, or case-made. — aka lex terme; Icy de terre.

“[As for] the effect of the Norman Conquest on the history of Law . . . [,] it converted the law of England into a iex terrae, a true local law.  There is to be no ion er a law or the Mercians, another of the West Saxons, an another or the Danes, not even a law for the English and a law for the Normans, but a law of the land. It took about a century to accomplish this result, which we doubtless owe to feudal principles.” Edward Jenks, Law and Politics in the Middle Ages 35 (1898).

law of the partnership. The rule that the parties’ agreement controls the features of a partnership.

law of the place. (1947) Under the Federal Tort Claims Act, the state law applicable to the place where the injury occurred. 0 Under the Act, the federal government waives its sovereign immunity for specified injuries, including certain wrongful acts or omissions of a government employee causing injury that the United States, if it were a private person, would be liable for under the law of the state where the incident occurred. 28 USCA § 1346(b).

law of the road. (1836) The collective statutes, rules, and customs that regulate travel on public highways and streets.

law of the sea. (1831) The body of international law governIng how countries use and control the sea and its resources. Cf. GENERAL MARITIME LAW; MARITIME LAW.

law of the staple. (16c) Hist. The law administered in the court of the mayor of the staple; the law merchant. See STAPLE (1), (2).

law of the trial. (1879) A legal theory or court ruling that is not objected to and is used or relied on in a trial <neither party objected to the court’s jury instruction, so it became the law of the trial>. Cf. LAW OF THE CASE.

law of things. (17c) The law relating to things; the law that is determined by changes in the nature of things.  *  This is also commonly known as the jus rerum, a shortened form of jus quod ad res pertinet (“the law that pertains to things”). See JUS RERUM.

law question. See QUESTION OF LAW.

law reform. (1846) The process of, or a movement dedicated to, streamlining, modernizing, or otherwise improving a body of law generally or the code governing a particular branch of the law; specif., the investigation and discussion of the law on a topic (e.g., bankruptcy), usu. by a commission or expert committee, with the goal of formulating proposals for change to improve the operation of the law. -Also termed science of legislation; censorial jurisprudence.

“A first point is what is commonly meant by law reform. A vast number of matters are contained in legislation, including, for example, speed limits, the rate of income tax, school leaving age and the hours when we can go to pubs. Alteration of the law about these matters and of a whole range of other regulations of our conduct and activities is not regarded as ‘law reform:’ all these things are regarded as part of regulation of the way we live, of the policy that is to be applied. There are many iields which ‘law’ controls but in which lawyers have no particular standing. The field of law reform is pre-eminently that of the law with which lawyers are concerned in their ordinary practice, which of course includes conveyancing, drawing wills, contracts and so on as well as litigation. Whilst law reform is primarily concerned with ‘lawyers law’ there is

no clear-cut boundary.” R.M. Jackson, The Machinery of Justice in England 439 (5th ed. 1967).

 

 

Laws of Amalfi (ah~mahl-fee). See AMALPHITAN coma.

laws of Oléron (oh-la-ron or aw-lay-ron). The oldest collection of maritime laws, thought to be a code existing at Oléron (an island off the coast of France) during the 12th century.  *  It was introduced into England, with certain additions, in the reign of Richard I (1189-1199).

Salic Law – principal compilation of early Germanic law known as “laws of the barbarians.”

laws of the several states. (1814) State statutes and state‘ court decisions on questions of general law.

laws of Visby (vie-bee). A code of maritime customs and decisions adopted on the island of Gothland (in the Baltic Sea), where Visby was the principal port. 0 Most scholars believe that this code postdates the laws of Oléron. The code was influential throughout northern Europe. In recognition of the ancient code, the Visby Protocol to amend the Hague Rules was signed in Visby. The Hague-Visby Rules govern most of the world’s liner trade. Also spelled laws of Wisby. -~ Also termed Gothland sea laws.

laws of war. (16c) Int’l law. The rules and principles agreed on by most countries for regulating matters inherent in or incident to the conduct of a public war, such as the relations of neutrals and belligerents, blockades, captures, prizes, truces and armistices, capitulations, prisoners, and declarations of war and peace. Cf. GENEVA CONVEN~ TIONS OF 1949.

laws of Wisby. See LAWS OF VISBY. 3 law spiritual. See ECCLESIASTICAL LAW. lawsuit, n. See SUIT.

lawsuit, vb. Archaic. To proceed against (an adversary) in a lawsuit; to sue.

law-talk, n. (1867) 1. LEGALESE. 2. Discussion that is heavily laced with lawyers’ concerns and legal references.

law-way, n. (1965) A legal norm that characterizes a society or family of related societies with a shared heritage; a traditional pattern of legal doctrine common to a people. 0 The term is used in Geoffrey Sawer’s Law in Society (1965). Cf. FOLK-WAY.

law-worthy, adj. (1818) Hist. Entitled to or deserving the benefit and protection of the law. Also termed lawworth. See LIBERAM LEGEM AMITTERE; LEGALIS HOMO;

LIBERA LEX.

law writer. (1852) Someone who writes on legal subjects, usu. from a technical, nonpopular point of View.

 

lawyer-witness. See WITNESS.

lawyer-witness rule. (1982) The principle that an attorney who will likely be called as a fact witness at trial may not participate as an advocate in the case unless the testimnny will be about an uncontested matter or the amount of attorney’s fees in the case, or if disqualifying the attorney Would create a substantial hardship for the client. 0 The rule permits an attorney actively participating in the case to be a witness on merely formal matters but discourages testimony on other matters on behalf of a client. The rule may apply when another member of the attorney’s firm may be called as a witness. Model Rule of Professional Conduct 3.7 (1983). Also termed advocate-witness rule;

attorney-witness rule.

 

References:

Disclaimer: All material throughout this website is pertinent to people everywhere, and is being utilized in accordance with Fair Use.

[1]: Black’s Law Dictionary Deluxe Tenth Edition by Henry Campbell Black, Editor in Chief Bryan A. Garner. ISBN: 978-0-314-61300-4

[2]: Thomas E. Holland, The Elements of Jurisprudence 354 (13th ed. 1924). 

[3]: Roscoe Pound, “More About the Nature of Law,” in Legal Essays in Tribute to Orrin Kip McMurray at 513, 515 (Max Radin & Alexander M. Kidd eds., 1935).

[4]: Tony Honoré, Making Law Bind: Essays Legal and Philosophical 33 (1987).

[5]: Richard A. Posner, The Problems of Jurisprudence 220-21 (1990).

[6]: Edwin E. Bryant, The Law of Pleading Under the Codes of Civil Procedure (2d ed. 1899).

[7]: James Muirhead, Historical Introduction to the Private Law of Rome 243 (Henry Goudy ed., 1899).

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