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Burden of proof

Affirmanti non neganti incumbit probatio. The burden of proof lies on the person who has to support his case by proof of a fact which is peculiarly within his own knowledge, or of which he is supposed

Restitutio in integrum

to be valid, according to the jus civile this restitutio is not needed, and it only applies to cases of contracts and transactions, which are not in their nature or form invalid. In order to entitle a

Ratio decidendi

Ratio decidendi, is the rule deducible from the application of law of the facts and circumstances of a case which constitutes its ratio decidendi and not some conclusion based upon facts which may appear to be similar.

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Limitation of actions and prosecutions

the principle Interest reipublic' ut sit finis litium, particular actions must be brought or proceedings taken. In the case of simple contract the remedy on the contract is barred, leaving the creditor free to enforce his claims

Judgment

to the action by an award of redress to one party, or discharge of the other, as the case may be. By the (English) C.L.P. Act,1852, s. 120, a plaintiff or defendant having obtained a verdict in

Family

7th Edn., p. 620. In relation to an occupier, means the individual, the wife or husband, as the case may be, of such individual, and their children, brother or sister of such individual. [Child Labour (Prohibition and

Tithe Rent-Charge

KB 40. When the rent-charge was in arrear for twenty-one days, the remedy was, until 1891, in every case by distress on the land; but the Tithe Act, 1891, effected a great change in this respect. By

abstention

abstention : the staying of the exercise of federal jurisdiction in a case that involves a question of state law or policy which the federal court prefers to have resolved by

hearing

“by and with the advice and consent of the Senate.” 2 : a hearing held in a bankruptcy case prior to the confirmation of a proposed bankruptcy plan discharge hearing : a hearing in a bankruptcy case

opinion

by a court or judge of the reasons and principles of law upon which the decision in a case is based compare holding, judgment, ruling advisory opinion : a nonbinding opinion or evaluation of a court or

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