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Analogy (law)
Analogy in law is a method of resolving issues on which there is no previous authority by using argument from analogy. Analogy in general involves an inference drawn from one particular situation to another based on similarity, but legal analogy is distinguished by the need to use a legally relevant basis for drawing an analogy between two situations. It may be applied to various forms of Sources of law, legal authority, including statutory law and case law. In the civil law (legal system), civil law and common law (legal system), common law traditions, the basis of legal relevance that allows drawing a legally valid analogy is described by different terms depending on the source of law involved: for precedent, for statutory law, and for unwritten legal principles. The use of analogy in both traditions is broadly described by the traditional maxim (where the reason is the same, the law is the same). Although all legal systems use analogy in some fashion, different jurisdiction ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Argument From Analogy
Argument from analogy is a special type of inductive argument, where perceived similarities are used as a basis to infer some further similarity that has not been observed yet. Analogical reasoning is one of the most common methods by which human beings try to understand the world and make decisions. When a person has a bad experience with a product and decides not to buy anything further from the producer, this is often a case of analogical reasoning since the two products share a maker and are therefore both perceived as being bad. It is also the basis of much of science; for instance, experiments on laboratory rats are based on the fact that some physiological similarities between rats and humans implies some further similarity (''e.g.'', possible reactions to a drug). Structure The process of analogical inference involves noting the shared properties of two or more things, and from this basis concluding that they also share some further property. The structure or form may ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Legal Gap
In law, a ''non liquet'' (commonly known as "lacuna in the law") is any situation for which there is no applicable law. ''Non liquet'' translates into English from the Latin as "it is not clear". According to Cicero, the term was applied during the Roman Republic to a verdict of "not proven" if the guilt or innocence of the accused was "not clear". Strictly, a finding of ''non liquet'' could result in a decision that the matter will always remain non-justiciable, but a lacuna denotes within that concept a lacking and so that the matter should in future be governed by law. Loopholes are a subset of lacunae. A lacuna is any specific matter about which no law exists, but a body of public, judicial or academic opinion believes it should exist to address a particular issue (often described as "unregulated" or "wholly inadequately regulated" activities or areas). A loophole where properly defined, by contrast, denotes that a set of laws addressing a certain issue exists but can be cir ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Statutory Interpretation
Statutory interpretation is the process by which courts interpret and apply legislation. Some amount of interpretation is often necessary when a case involves a statute. Sometimes the words of a statute have a plain and a straightforward meaning, but in many cases, there is some ambiguity in the words of the statute that must be resolved by the judge. To find the meanings of statutes, judges use various tools and methods of statutory interpretation, including traditional canons of statutory interpretation, legislative history, and purpose. In common law jurisdictions, the judiciary may apply rules of statutory interpretation both to legislation enacted by the legislature and to delegated legislation such as administrative agency regulations. History Statutory interpretation first became significant in common law systems, of which historically England is the exemplar. In Roman and civil law, a statute (or code) guides the magistrate, but there is no judicial precedent. In Eng ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Equitable Division
Equitable (EQ) cake-cutting is a kind of a fair cake-cutting problem, in which the fairness criterion is equitability. It is a cake-allocation in which the subjective value of all partners is the same, i.e., each partner is equally happy with his/her share. Mathematically, that means that for all partners and : :V_i(X_i) = V_j(X_j) Where: *X_i is the piece of cake allocated to partner ; *V_i is the value measure of partner . It is a real-valued function that, for every piece of cake, returns a number that represents the utility of partner from that piece. Usually these functions are normalized such that V_i(\emptyset)=0 and V_i(EntireCake)=1 for every . See the page on equitability for examples and comparison to other fairness criteria. Finding an equitable cake-cutting for two partners One cut - full revelation When there are 2 partners, it is possible to get an EQ division with a single cut, but it requires full knowledge of the partners' valuations. Assume that the cake i ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Possession (law)
In law, possession is the exercise of dominion by a person over property to the exclusion of others. To possess something, a person must have an intention to possess it and an apparent purpose to assert control over it. A person may be in possession of some piece of property without being its owner. The possession of property is commonly regulated under the property law of a jurisdiction. Intention to possess An intention to possess (sometimes called ''animus possidendi'') is the other component of possession. All that is required for this criterion is an intention to possess something for the time being. In common law countries, the intention to possess a thing is a question of fact that can be proven by acts of control and surrounding circumstances. It is possible to intend to possess something and to actually possess it without knowing that it exists. For example, someone who intends to possess a suitcase also intends to possess its contents even if they are unknown. It is ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
California Superior Court
Superior courts in California are the State court (United States), state trial courts with general jurisdiction to hear and decide any civil or criminal action which is not specially designated to be heard in some other court or before a governmental agency. As mandated by the California Constitution, there is a superior court in each of the List of counties in California, 58 counties in California. The superior courts also have appellate divisions (superior court judges sitting as appellate judges) which hear appeals from decisions in infraction and misdemeanor cases. Organization The superior courts are the lowest level of state courts in California holding general jurisdiction on civil and criminal matters. Above them are the six California courts of appeal, each with appellate jurisdiction over the superior courts within their districts, and the Supreme Court of California. As of 2007, the superior courts of California consisted of over 1,500 judges, and make up the largest p ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Popov V
Popov (; masculine), or Popova (; feminine), is a common Russian, Bulgarian, Macedonian and Serbian surname. Derived from a Slavonic word ''pop'' (, "priest"). The fourth most common Russian surname, it may refer to: * Alek Popov (born 1966), Bulgarian writer *Alexander Popov (other) * Aleksei Popov (other) *Anatoly Popov (born 1960), Russian politician, Prime Minister of Chechnya * Andrei Popov (other) * Angel Popov (born 1979), Bulgarian-born Qatari weightlifter * Apostol Popov (born 1982), Bulgarian football defender * Blagoy Popov (1902–1968) * Boris Popov (born 1941), Russian water polo player *Christo Popov (born 2002), Bulgarian-born French badminton player * Denis Popov (born 1979), Russian football player and manager * Denis Popov, (born 2002) Russian football player * Denys Popov (born 1999), Ukrainian football player * Dilyana Popova (born 1981), Bulgarian actress and model * Dimitar Popov (born 1970), Bulgarian footballer *Dimitar Ivanov ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Strict Liability
In criminal and civil law, strict liability is a standard of liability under which a person is legally responsible for the consequences flowing from an activity even in the absence of fault or criminal intent on the part of the defendant. Under the strict liability law, if the defendant possesses anything that is inherently dangerous, as specified under the "ultrahazardous" definition, the defendant is then strictly liable for any damages caused by such possession, no matter how carefully the defendant is safeguarding them. In the field of torts, prominent examples of strict liability may include product liability, abnormally dangerous activities (e.g., blasting), intrusion onto another's land by livestock, and ownership of wild animals. Other than activities specified above (like ownership of wild animals, etc), US courts have historically considered the following activities as "ultrahazardous": # storing flammable liquids in quantity in an urban area # pile driving # bl ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Denis O'Brien (politician)
Denis O'Brien (March 13, 1837 – May 18, 1909) was an American lawyer and politician. Life Denis O'Brien was born on a farm near Ogdensburg, New York on March 13, 1837. He was admitted to the bar in 1861, and commenced practice in Watertown. He was elected Mayor of Watertown in 1872. He was New York State Attorney General from 1884 to 1887, elected on the Democrat ticket in 1883 and 1885. In 1889, he was elected a judge of the New York Court of Appeals, was re-elected in 1903, and remained on the bench until the end of 1907 when he reached the constitutional age limit of 70 years. He died from appendicitis Appendicitis is inflammation of the Appendix (anatomy), appendix. Symptoms commonly include right lower abdominal pain, nausea, vomiting, fever and anorexia (symptom), decreased appetite. However, approximately 40% of people do not have these t ... at his home in Watertown on May 18, 1909. His son John F. O'Brien also was a judge of the New York Court of Appeals. ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
New York Court Of Appeals
The New York Court of Appeals is the supreme court, highest court in the Judiciary of New York (state), Unified Court System of the New York (state), State of New York. It consists of seven judges: the Chief Judge of the New York Court of Appeals, chief judge and six associate judges, who are appointed by the Governor of New York, governor and confirmed by the New York State Senate, state senate to 14-year terms. The chief judge of the Court of Appeals also heads administration of the state's court system, and thus is also known as the chief judge of the State of New York. The Court of Appeals was founded in 1847 and is located in the New York Court of Appeals Building in Albany, New York. Nomenclature New York uses an unusual nomenclature for its state courts. In the Federal judiciary of the United States, federal court system and in all other U.S. states, the court of last resort is known as the "Supreme Court". New York, however, calls its lower courts the "New York State Sup ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Distinguishing
In law, to distinguish a case means a court decides the holding or legal reasoning of a precedent case that will not apply due to materially different facts between the two cases. Two formal constraints constrain the later court: the expressed relevant factors (also known as considerations, tests, questions or determinants) in the ''ratio'' (legal reasoning) of the earlier case must be recited or their equivalent recited or the earlier case makes an exception for their application in the circumstances otherwise it envisages, and the ruling in the later case must not expressly doubt (criticise) the result reached in the precedent case.Lamond, Grant"Precedent and Analogy in Legal Reasoning: 2.1 Precedents as laying down rules:2.1.2 The practice of distinguishing". ''Stanford Encyclopedia of Philosophy.'' Stanford University. 2006-06-20. The ruling made by the judge or panel of judges must be based on the evidence at hand and the standard binding authorities covering the subject ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Stare Decisis
Precedent is a judicial decision that serves as an authority for courts when deciding subsequent identical or similar cases. Fundamental to common law legal systems, precedent operates under the principle of ''stare decisis'' ("to stand by things decided"), where past judicial decisions serve as case law to guide future rulings, thus promoting consistency and predictability. Precedent is a defining feature that sets common law systems apart from civil law systems. In common law, precedent can either be something courts must follow (binding) or something they can consider but do not have to follow (persuasive). Civil law systems, in contrast, are characterized by comprehensive codes and detailed statutes, with no emphasis on precedent, and where judges primarily focus on fact-finding and applying codified law. Courts in common law systems rely heavily on case law, which refers to the collection of precedents and legal principles established by previous judicial decisions on s ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
