Legal doctrines and principles

2017-07-27T19:54:27+03:00[Europe/Moscow] en true Internal affairs doctrine, Ne bis in idem, Nuremberg principles, Universal jurisdiction, Eminent domain, Negligence, Unjust enrichment, Precedent, Necessity, Erga omnes, Rechtsstaat, Subsidiarity, Constitutional convention (political custom), Res judicata, Ex turpi causa non oritur actio, Duty of care, Frustration of purpose, Proportionality (law), Standing (law), Remoteness in English law, Public policy doctrine, Ignorantia juris non excusat, Public trust doctrine, Inequality of bargaining power, Fairness Doctrine, Legal maxim, Unconscionability in English law, Qui facit per alium facit per se, Vicarious liability flashcards Legal doctrines and principles
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  • Internal affairs doctrine
    The internal affairs doctrine is a choice of law rule in corporations law.
  • Ne bis in idem
    Non bis in idem, which translates literally from Latin as "not twice in the same [thing]", is a legal doctrine to the effect that no legal action can be instituted twice for the same cause of action.
  • Nuremberg principles
    The Nuremberg principles were a set of guidelines for determining what constitutes a war crime.
  • Universal jurisdiction
    Universal jurisdiction allows states or international organizations to claim criminal jurisdiction over an accused person regardless of where the alleged crime was committed, and regardless of the accused's nationality, country of residence, or any other relation with the prosecuting entity.
  • Eminent domain
    Eminent domain (United States, the Philippines), compulsory purchase (United Kingdom, New Zealand, Ireland), resumption (Hong Kong), resumption/compulsory acquisition (Australia), or expropriation (France, Mexico, South Africa, Canada, Brazil, Portugal) is the power of a state or a national government to take private property for public use.
  • Negligence
    Negligence (Lat. negligentia, from neglegere, to neglect, literally "not to pick up something") is a failure to exercise the care that a reasonably prudent person would exercise in like circumstances.
  • Unjust enrichment
    Unjust enrichment is a legal concept referring to situations in which one person is enriched at the expense of another in circumstances which the law treats as unjust.
  • Precedent
    In common law legal systems, a precedent, or authority, is a principle or rule established in a previous legal case that is either binding on or persuasive for a court or other tribunal when deciding subsequent cases with similar issues or facts.
  • Necessity
    In the criminal law of many nations, necessity may be either a possible justification or an exculpation for breaking the law.
  • Erga omnes
    Erga omnes is a Latin phrase which means "towards all" or "towards everyone".
  • Rechtsstaat
    Rechtsstaat is a doctrine in continental European legal thinking, originating in German jurisprudence, that can be translated as "legal state", "state of law", "state of justice", "state of rights", or "state based on justice and integrity".
  • Subsidiarity
    Subsidiarity is a principle of social organization that originated in the Roman Catholic Church.
  • Constitutional convention (political custom)
    A constitutional convention is an informal and uncodified procedural agreement that is followed by the institutions of a state.
  • Res judicata
    Res judicata or res iudicata, also known as claim preclusion, is the Latin term for "a matter [already] judged", and refers to either of two concepts: in both civil law and common law legal systems, a case in which there has been a final judgment and is no longer subject to appeal; and the legal doctrine meant to bar (or preclude) continued litigation of a case on same issues between the same parties.
  • Ex turpi causa non oritur actio
    Ex turpi causa non oritur actio (Latin "from a dishonorable cause an action does not arise") is a legal doctrine which states that a plaintiff will be unable to pursue legal remedy if it arises in connection with his own illegal act.
  • Duty of care
    In tort law, a duty of care is a legal obligation, which is imposed on an individual requiring adherence to a standard of reasonable care while performing any acts that could foreseeably harm others.
  • Frustration of purpose
    In the law of contracts, frustration of purpose is a defense to enforcement of the contract.
  • Proportionality (law)
    Proportionality is a general principle in law which covers several special (although related) concepts.
  • Standing (law)
    In law, standing or locus standi is the term for the ability of a party to demonstrate to the court sufficient connection to and harm from the law or action challenged to support that party's participation in the case.
  • Remoteness in English law
    In English law, remoteness is a set of rules in both tort and contract, which limits the amount of compensatory damages for a wrong.
  • Public policy doctrine
    In private international law, the public policy doctrine or ordre public concerns the body of principles that underpin the operation of legal systems in each state.
  • Ignorantia juris non excusat
    Ignorantia juris non excusat or ignorantia legis neminem excusat (Latin for "ignorance of the law excuses not" and "ignorance of law excuses no one" respectively) is a legal principle holding that a person who is unaware of a law may not escape liability for violating that law merely because he or she was unaware of its content.
  • Public trust doctrine
    The public trust doctrine is the principle that the sovereign holds in trust for public use some resources such as shoreline between the high and low tide lines, regardless of private property ownership.
  • Inequality of bargaining power
    In law, economics and the social sciences, inequality of bargaining power is where one party to a "bargain", contract or agreement, has more and better alternatives than the other party.
  • Fairness Doctrine
    The Fairness Doctrine was a policy of the United States Federal Communications Commission (FCC), introduced in 1949, that required the holders of broadcast licenses both to present controversial issues of public importance and to do so in a manner that was — in the Commission's view — honest, equitable, and balanced.
  • Legal maxim
    A legal maxim is an established principle or proposition.
  • Unconscionability in English law
    Unconscionability in English law is a field of contract law and the law of trusts, which precludes the enforcement of consent based obligations.
  • Qui facit per alium facit per se
    Qui facit per alium facit per se is a Latin legal term that means, "He who acts through another does the act himself.
  • Vicarious liability
    Vicarious liability is a form of a strict, secondary liability that arises under the common law doctrine of agency, respondeat superior, the responsibility of the superior for the acts of their subordinate or, in a broader sense, the responsibility of any third party that had the "right, ability or duty to control" the activities of a violator.