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Ex Aequo Et Bono
''Ex aequo et bono'' (Latin for "according to the right and good" or "from equity and conscience") is a Latin phrase that is used as a legal term of art. In the context of arbitration, it refers to the power of arbitrators to dispense with consideration of the law but consider solely what they consider to be fair and equitable in the case at hand. However, a decision ''ex aequo et bono'' is distinguished from a decision on the basis of equity (''equity intra legem''), "Whereas an authorisation to decide a question ''ex aequo et bono'' is an authorisation to decide without deference to the rules of law, an authorisation to decide on a basis of equity does not dispense the judge from giving a decision based upon law, even though the law be modified". Article 38(2) of the Statute of the International Court of Justice (ICJ) provides that the court may decide cases ''ex aequo et bono'' only if the parties agree. In 1984, the ICJ decided a case using "equitable criteria" in creating a bo ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Latin
Latin (, or , ) is a classical language belonging to the Italic languages, Italic branch of the Indo-European languages. Latin was originally a dialect spoken in the lower Tiber area (then known as Latium) around present-day Rome, but through the power of the Roman Republic it became the dominant language in the Italy (geographical region), Italian region and subsequently throughout the Roman Empire. Even after the Fall of the Western Roman Empire, fall of Western Rome, Latin remained the common language of international communication, science, scholarship and academia in Europe until well into the 18th century, when other regional vernaculars (including its own descendants, the Romance languages) supplanted it in common academic and political usage, and it eventually became a dead language in the modern linguistic definition. Latin is a fusional language, highly inflected language, with three distinct grammatical gender, genders (masculine, feminine, and neuter), six or seven ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
List Of Legal Latin Terms
A ''list'' is any set of items in a row. List or lists may also refer to: People * List (surname) Organizations * List College, an undergraduate division of the Jewish Theological Seminary of America * SC Germania List, German rugby union club Other uses * Angle of list, the leaning to either port or starboard of a ship * List (information), an ordered collection of pieces of information ** List (abstract data type), a method to organize data in computer science * List on Sylt, previously called List, the northernmost village in Germany, on the island of Sylt * ''List'', an alternative term for ''roll'' in flight dynamics * To ''list'' a building, etc., in the UK it means to designate it a listed building that may not be altered without permission * Lists (jousting), the barriers used to designate the tournament area where medieval knights jousted * ''The Book of Lists'', an American series of books with unusual lists See also * The List (other) * Listing ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Technical Terminology
Jargon is the specialized terminology associated with a particular field or area of activity. Jargon is normally employed in a particular communicative context and may not be well understood outside that context. The context is usually a particular occupation (that is, a certain trade, profession, vernacular or academic field), but any ingroup can have jargon. The main trait that distinguishes jargon from the rest of a language is special vocabulary—including some words specific to it and often different senses or meanings of words, that outgroups would tend to take in another sense—therefore misunderstanding that communication attempt. Jargon is sometimes understood as a form of technical slang and then distinguished from the official terminology used in a particular field of activity. The terms ''jargon'', ''slang,'' and ''argot'' are not consistently differentiated in the literature; different authors interpret these concepts in varying ways. According to one definition, ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Arbitration
Arbitration is a form of alternative dispute resolution (ADR) that resolves disputes outside the judiciary courts. The dispute will be decided by one or more persons (the 'arbitrators', 'arbiters' or 'arbitral tribunal'), which renders the 'arbitration award'. An arbitration decision or award is legally binding on both sides and enforceable in the courts, unless all parties stipulate that the arbitration process and decision are non-binding. Arbitration is often used for the resolution of commercial disputes, particularly in the context of international commercial transactions. In certain countries such as the United States, arbitration is also frequently employed in consumer and employment matters, where arbitration may be mandated by the terms of employment or commercial contracts and may include a waiver of the right to bring a class action claim. Mandatory consumer and employment arbitration should be distinguished from consensual arbitration, particularly commerci ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Statute Of The International Court Of Justice
The Statute of the International Court of Justice is an integral part of the United Nations Charter, as specified by Chapter XIV of the United Nations Charter, which established the International Court of Justice. Structure The Statute is divided into 5 chapters and consists of 70 articles. The Statute begins with Article 1 proclaiming: The 69 Articles are grouped in 5 Chapters: *Chapter I: Organization of the Court (Articles 2 - 33) *Chapter II: Competence of the Court (Articles 34 - 38) *Chapter III: Procedure (Articles 39 - 64) *Chapter IV: Advisory Opinions (Articles 65 - 68) *Chapter V: Amendment (Articles 69 & 70) Under Article 38.2, the court is allowed to decide a case ex aequo et bono if the parties agree thereto. Parties to the Statute All UN member states are parties to the Statute by virtue of their ratification of the UN Charter. Under Article 93(2) of the UN Charter, states which are not a member of the UN may become a party to the Statute, subject to the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United Nations Commission On International Trade Law
The United Nations Commission on International Trade Law (UNCITRAL) ( French: ''Commission des Nations Unies pour le droit commercial international (CNUDCI)'') is a subsidiary body of the U.N. General Assembly (UNGA) responsible for helping to facilitate international trade and investment. Established by the UNGA in 1966, UNCITRAL's official mandate is "to promote the progressive harmonization and unification of international trade law" through conventions, model laws, and other instruments that address key areas of commerce, from dispute resolution to the procurement and sale of goods. UNCITRAL carries out its work at annual sessions held alternately in New York City and Vienna, where it is headquartered. History When world trade began to expand dramatically in the 1960s, national governments began to realize the need for a global set of standards and rules to harmonize national and regional regulations, which until then governed international trade. Membership UNCITRAL' ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Amiable Compositeur
Amiable (1891–1915) was a British Thoroughbred racehorse that won the 1894 Epsom Oaks and 1,000 Guineas Stakes despite having severe stringhalt in both hind limbs. Amiable raced until she was three years old, retiring in 1895 to the Duke of Portland's Welbeck Stud. Plagued with fertility problems, Amiable was a failure as a broodmare and produced only one foal that survived to adulthood. She was pensioned for the last 11 years of her life and was euthanized at the age of 24 in November 1915. Background Amiable was foaled in 1891 at the Welbeck Stud near Welbeck Abbey in North Nottinghamshire, the estate of her breeder the Duke of Portland. Amiable's sire, St. Simon, won the 1884 Ascot Gold Cup and was the leading sire in Great Britain and Ireland for much of the 1890s and first decade of the 20th century. Her dam, Tact, was a full-sister to the mare Gravity, the dam of 1901 Ascot Gold Cup winner William the Third, and Florence. Tact was bought by Lord Lurgan as a potenti ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
The Chambers Dictionary
The ''Chambers Dictionary'' (''TCD'') was first published by William and Robert Chambers as ''Chambers's English Dictionary'' in 1872. It was an expanded version of ''Chambers's Etymological Dictionary'' of 1867, compiled by James Donald. A second edition came out in 1898, and was followed in 1901 by a new compact edition called ''Chambers's Twentieth Century Dictionary''. ''TCD'' is widely used by British crossword solvers and setters, and by ''Scrabble'' players (though it is no longer the official ''Scrabble'' dictionary). It contains many more dialectal, archaic, unconventional and eccentric words than its rivals, and is noted for its occasional wryly humorous definitions. Examples of such definitions include those for ''éclair'' ("a cake, long in shape but short in duration") and ''middle-aged'' ("between youth and old age, variously reckoned to suit the reckoner"). These jocular definitions were removed by the publisher in the 1970s, but many of them were reinstated in 19 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Equity (law)
Equity is a particular body of law that was developed in the English Court of Chancery. Its general purpose is to provide a remedy for situations where the law is not flexible enough for the usual court system to deliver a fair resolution to a case. The concept of equity is deeply intertwined with its historical origins in the common law system used in England. However, equity is in some ways a separate system from common law: it has its own established rules and principles, and was historically administered by separate courts, called " courts of equity" or "courts of chancery". Equity exists in domestic law, both in civil law and in common law systems, and in international law. The tradition of equity begins in antiquity with the writings of Aristotle (''epieikeia'') and with Roman law (''aequitas''). Later, in civil law systems, equity was integrated in the legal rules, while in common law systems it became an independent body of law. Equity in common law jurisdictions (gener ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Common Law
In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omnipresence in the sky, but the articulate voice of some sovereign or quasi sovereign that can be identified," ''Southern Pacific Company v. Jensen'', 244 U.S. 205, 222 (1917) (Oliver Wendell Holmes, dissenting). By the early 20th century, legal professionals had come to reject any idea of a higher or natural law, or a law above the law. The law arises through the act of a sovereign, whether that sovereign speaks through a legislature, executive, or judicial officer. The defining characteristic of common law is that it arises as precedent. Common law courts look to the past decisions of courts to synthesize the legal principles of past cases. ''Stare decisis'', the principle that cases should be decided according to consistent principled rules s ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Ius Strictum
''Ius strictum'' means "strict law", or law interpreted without any modification and in its utmost rigor. It is a very rare term in the materials of classical Roman law. It is really a Byzantine term, occurring in Justinian’s Institutes in reference to the strict actions of the law, primarily describing the rigid limitations of the forms of action available under the law, particularly with older laws. It is often used by later commentators to distinguish it from the moderating influence of the praetors, or judges who expanded the law through actions ''ex fida bona'', or what we would now call equity. See also *''Ius'' *'' Ius scriptum'' *Letter and spirit of the law *Pardon A pardon is a government decision to allow a person to be relieved of some or all of the legal consequences resulting from a criminal conviction. A pardon may be granted before or after conviction for the crime, depending on the laws of the j ... ReferencesBlack's Law Dictionary (Second Edition 1910) (p ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Roman Law
Roman law is the legal system of ancient Rome, including the legal developments spanning over a thousand years of jurisprudence, from the Twelve Tables (c. 449 BC), to the '' Corpus Juris Civilis'' (AD 529) ordered by Eastern Roman emperor Justinian I. Roman law forms the basic framework for civil law, the most widely used legal system today, and the terms are sometimes used synonymously. The historical importance of Roman law is reflected by the continued use of Latin legal terminology in many legal systems influenced by it, including common law. After the dissolution of the Western Roman Empire, the Roman law remained in effect in the Eastern Roman Empire. From the 7th century onward, the legal language in the East was Greek. ''Roman law'' also denoted the legal system applied in most of Western Europe until the end of the 18th century. In Germany, Roman law practice remained in place longer under the Holy Roman Empire (963–1806). Roman law thus served as a basis fo ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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