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Civil Law Notary
Civil-law notaries, or Latin notaries, are lawyers of contentious jurisdiction, noncontentious private law, private civil law (legal system), civil law who draft, take, and record legal instruments for private parties, provide legal advice and give attendance in person, and are vested as public officers with the authentication power of the State. As opposed to most notary public, notaries public, their Common law, common-law counterparts, civil-law notaries are highly trained, licensed practitioners providing a full range of regulated legal services, and whereas they hold a public office, they nonetheless operate usually—but not always—in private practice and are paid on a fee-for-service basis. They often receive generally the same education as attorneys at civil law with further specialised education but without qualifications in advocacy, procedural law or the law of evidence (law), evidence, somewhat comparable to a solicitor training in certain common-law countries. Howeve ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Notarius LEX-W-badge
A notarius is a public secretary who is appointed by competent authority to draw up official or authentic documents (compare English "notary"). In the Roman Catholic Church there have been apostolic notaries and even episcopal notaries. Documents drawn up by ''notarii'' are issued chiefly from the official administrative offices, the chanceries; secondly, from tribunals; lastly, others are drawn up at the request of individuals to authenticate their contracts or other acts. Overview The title and office existed in the bureaucracy of the Later Roman Empire, Christianised Roman Empire at the Imperial Court, where the college of imperial notaries were governed by a ''primicerius''. From the usage in the Emperor's representative in the West, the Exarch of Ravenna, the post and title was applied in the increasingly complicated bureaucracy of the Papal curia in Rome. There were ''notarii'' attached to all the episcopal see, whence they passed into use in the royal chanceries. All these ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Italy
Italy, officially the Italian Republic, is a country in Southern Europe, Southern and Western Europe, Western Europe. It consists of Italian Peninsula, a peninsula that extends into the Mediterranean Sea, with the Alps on its northern land border, as well as List of islands of Italy, nearly 800 islands, notably Sicily and Sardinia. Italy shares land borders with France to the west; Switzerland and Austria to the north; Slovenia to the east; and the two enclaves of Vatican City and San Marino. It is the List of European countries by area, tenth-largest country in Europe by area, covering , and the third-most populous member state of the European Union, with nearly 59 million inhabitants. Italy's capital and List of cities in Italy, largest city is Rome; other major cities include Milan, Naples, Turin, Palermo, Bologna, Florence, Genoa, and Venice. The history of Italy goes back to numerous List of ancient peoples of Italy, Italic peoples—notably including the ancient Romans, ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Common Law
Common law (also known as judicial precedent, judge-made law, or case law) is the body of law primarily developed through judicial decisions rather than statutes. Although common law may incorporate certain statutes, it is largely based on precedent—judicial rulings made in previous similar cases. The presiding judge determines which precedents to apply in deciding each new case. Common law is deeply rooted in Precedent, ''stare decisis'' ("to stand by things decided"), where courts follow precedents established by previous decisions. When a similar case has been resolved, courts typically align their reasoning with the precedent set in that decision. However, in a "case of first impression" with no precedent or clear legislative guidance, judges are empowered to resolve the issue and establish new precedent. The common law, so named because it was common to all the king's courts across England, originated in the practices of the courts of the English kings in the centuries fo ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Non Est Factum
(Latin for " tis not ydeed") is a defence in contract law that allows a signing party to escape performance of an agreement "which is fundamentally different from what he or she intended to execute or sign". A claim of means that the signature on the contract was signed by mistake, without knowledge of its meaning. A successful plea would make the contract void . According to ''Saunders v Anglia Building Society'' 971AC 1004, applied in ''Petelin v Cullen'' 975 the strict requirements necessary for a successful plea are generally that: * The person pleading must belong to "class of persons, who through no fault of their own, are unable to have any understanding of the purpose of the particular document because of blindness, illiteracy or some other disability". (2009) 13(1) University of Western Sydney Law Review 83. The disability must be one requiring the reliance on others for advice as to what they are signing. * The "signatory must have made a fundamental mistake as to ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Affirmative Defenses
An affirmative defense to a civil lawsuit or criminal charge is a fact or set of facts other than those alleged by the plaintiff or prosecutor which, if proven by the defendant, defeats or mitigates the legal consequences of the defendant's otherwise unlawful conduct. In civil lawsuits, affirmative defenses include the statute of limitations, the statute of frauds, waiver, and other affirmative defenses such as, in the United States, those listed in Rule 8 (c) of the Federal Rules of Civil Procedure. In criminal prosecutions, examples of affirmative defenses are self defense, insanity, entrapment and the statute of limitations. Description In an affirmative defense, the defendant may concede that they committed the alleged acts, but they prove other facts which, under the law, either justify or excuse their otherwise wrongful actions, or otherwise overcomes the plaintiff's claim. In criminal law, an affirmative defense is sometimes called a justification or excuse defense. ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Estoppel
Estoppel is a judicial device whereby a court may prevent or "estop" a person from making assertions or from going back on their word. The person barred from doing so is said to be "estopped". Estoppel may prevent someone from bringing a particular claim. In common law legal systems, the legal doctrine of estoppel is based in both common law and equity. Estoppel is also a concept in international law. Types of estoppel There are many different types of estoppel, but the common thread between them is that a person is restrained from asserting a particular position in law where it would be inequitable to do so. By way of illustration: * If a landlord promises a tenant that he will not exercise his right to terminate a lease, and relying upon that promise the tenant spends money improving the premises, the doctrine of ''promissory estoppel'' may prevent the landlord from exercising a right to terminate, even though his promise might not otherwise have been legally binding as a co ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Presumption Of Regularity
The presumption of regularity is a presumption that forms part of the law of evidence of England and Wales. It is expressed by the maxim of law ''omnia praesumuntur rite et solemniter esse acta donec probetur in contrarium'', (); which may be shortened to ''omnia praesumuntur rite et solemniter esse acta'' () or ''omnia praesumuntur rite esse acta'' (). Official actions Where it has been proved that an "official act" has been done, it will be presumed, until the contrary is proved, that the said act "complied with any necessary formalities" and that the person who did it was "duly appointed". This is a presumption of law. The following cases are relevant to this presumption: *''R v Gordon'' (1789) 1 Leach 515, (1789) 1 East PC 315 *''R v Jones'' (1806) 31 St Tr 251, (1806) 2 Camp 131 *''R v Verelst'' (1813) 3 Camp 432 *''R v Catesby'' (1824) 2 B & C 814, (1824) 4 Dow & Ry KB 434, (1824) 2 Dow & Ry MC 278 *''R v Rees'' (1834) 6 C & P 606 *''R v Murphy'' (1837) 8 C & P 297 *''R v ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Self-authenticating Document
A self-authenticating document, under the law of evidence in the United States, is any document A document is a writing, written, drawing, drawn, presented, or memorialized representation of thought, often the manifestation of nonfiction, non-fictional, as well as fictional, content. The word originates from the Latin ', which denotes ... that can be admitted into evidence at a trial without proof being submitted to support the claim that the document is what it appears to be. Several categories of documents are deemed to be self-authenticating: #Certified copy of public or business records; #Official publications of government agencies; #Newspaper articles; #Trade inscriptions, such as labels on products; #Acknowledged documents (wherein the signer also gets a paper notarized); and # Commercial paper under the Uniform Commercial Code. Although most U.S. states have evidentiary rules similar to the Federal Rules of Evidence, the California Evidence Code diverges sig ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Presumption
In law, a presumption is an "inference of a particular fact". There are two types of presumptions: rebuttable presumptions and irrebuttable (or conclusive) presumptions. A rebuttable presumption will either shift the burden of production (requiring the disadvantaged party to produce some Evidence (law), evidence to the contrary) or the burden of proof (law), burden of proof (requiring the disadvantaged party to show the presumption is wrong); in short, a Trier of fact, fact finder can reject a rebuttable presumption based on other evidence. Conversely, a conclusive/irrebuttable presumption cannot be challenged by contradictory facts or evidence. Sometimes, a presumption must be triggered by a predicate fact—that is, the fact must be found before the presumption applies. History The ancient Jewish law code, the Talmud, included reasoning from presumptions (''hazakah''), propositions taken to be true unless there was reason to believe otherwise, such as "One does not ordinarily ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Act (document)
An act is an instrument that records a fact or something that has been said, done, or agreed. Acts generally take the form of legal instruments of writing that have probative value and executory force. They are usually accepted as self-authenticating demonstrative evidence in court proceedings, though with the precarious status of notaries public and their acts under common law, this is not always so. Common types of acts are legislative, judicial, and notarial acts. Legislative acts Legislative acts (fully, acts of statute), or more commonly statutes, are the cornerstone of statutory and regulatory law. They may include in a monarchical system any royal edict, proclamation, or decree setting forth or establishing law as it affects all citizens. In parliamentary or congressional systems, acts passed by a legislature are known as acts of Parliament or acts of Congress. In Hong Kong, acts of the legislature are instead known as "ordinances". Notarial acts A notarial act ( ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Agency (law)
The law of agency is an area of commercial law dealing with a set of contractual, quasi-contractual and non-contractual fiduciary relationships that involve a person, called the agent, who is authorized to act on behalf of another (called the principal) to create legal relations with a third party. It may be referred to as the equal relationship between a principal and an agent whereby the principal, expressly or implicitly, authorizes the agent to work under their control and on their behalf. The agent is, thus, required to negotiate on behalf of the principal or bring them and third parties into contractual relationship. This branch of law separates and regulates the relationships between: * agents and principals (internal relationship), known as the principal-agent relationship; * agents and the third parties with whom they deal on their principals' behalf (external relationship); and * principals and the third parties when the agents deal. Concepts The reciprocal rights a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Property Law
Property law is the area of law that governs the various forms of ownership in real property (land) and personal property. Property refers to legally protected claims to resources, such as land and personal property, including intellectual property. Property can be exchanged through Contract, contract law, and if property is violated, one could sue under Tort, tort law to protect it. The concept, idea or philosophy of property underlies all property law. In some jurisdictions, historically all property was owned by the monarch and it devolved through feudal land tenure or other feudal systems of loyalty and fealty. Theory The word ''property'', in everyday usage, refers to an object (or objects) owned by a person—a car, a book, or a cellphone—and the relationship the person has to it. In law, the concept acquires a more nuanced rendering. Factors to consider include the nature of the object, the relationship between the person and the object, the relationship between a numbe ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
