Comparative Law - Law Dictionary Search Results
Home Dictionary Name: comparative lawcomparative law
comparative law : the study of the differences, similarities, and interrelationships of different systems of law ...
fact
fact [Latin factum deed, real happening, something done, from neuter of factus, past participle of facere to do, make] 1 : something that has actual existence : a matter of objective reality 2 : any of the circumstances of a case that exist or are alleged to exist in reality : a thing whose actual occurrence or existence is to be determined by the evidence presented at trial see also finding of fact at finding, judicial notice question of fact at question, trier of fact compare law, opinion adjudicative fact : a fact particularly related to the parties to an esp. administrative proceeding compare legislative fact in this entry collateral fact : a fact that has no direct relation to or immediate bearing on the case or matter in question compare material fact in this entry constitutional fact : a fact that relates to the determination of a constitutional issue (as violation of a constitutional right) used esp. of administrative findings of fact evidentiary fact : a fact that i...
force
force 1 : a cause of motion, activity, or change intervening force : a force that acts after another's negligent act or omission has occurred and that causes injury to another : intervening cause at cause irresistible force : an unforeseeable event esp. that prevents performance of an obligation under a contract : force majeure 2 : a body of persons available for a particular end [the labor ] ;specif : police force usually used with the 3 : violence, compulsion, or constraint exerted upon or against a person or thing constructive force : the use of threats or intimidation for the purpose of gaining control over or preventing resistance from another dead·ly force : force that is intended to cause or that carries a substantial risk of causing death or serious bodily injury compare nondeadly force in this entry NOTE: As a general rule, deadly force may be used without incurring criminal or tort liability when one reasonably believes that one's life or safety is in da...
law
law [Old English lagu, of Scandinavian origin] 1 : a rule of conduct or action prescribed or formally recognized as binding or enforced by a controlling authority: as a : a command or provision enacted by a legislature see also statute b : something (as a judicial decision) authoritatively accorded binding or controlling effect in the administration of justice [that case is no longer the of this circuit] 2 a : a body of laws [the of a state] ;broadly : laws and justice considered as a general and established entity [the looks with disfavor on restraints on alienation] b : common law compare equity 3 a : the control or authority of the law [maintain and order] b : one or more agents or agencies involved in enforcing laws c : the application of a law or laws as distinct from considerations of fact [an error of ] see also issue of law at issue matter of law at matter question of law at question 4 : the whole body of laws and doctrines relating to one subject [contract ] [the...
civil law
civil law often cap C&L 1 : Roman law esp. as set forth in the Code of Justinian 2 : the body of law developed from Roman law and used in Louisiana, in continental Europe, and in many other countries outside of the English-speaking world including esp. those that were colonized by countries of continental Europe see also the Judicial System in the back matter compare common law NOTE: Although Louisiana is the only state in the U.S. whose law is based entirely on civil law, remnants of civil law remain in other states (as Texas and California) in which countries of continental Europe had a strong influence. 3 : the law established by a nation or state for its own jurisdiction 4 : the law that applies to private rights esp. as opposed to the law that applies to criminal matters compare criminal law ...
public law
public law 1 : an enactment of a legislature that affects the public at large throughout the entire territory (as a state or nation) which is subject to the jurisdiction of the legislature or within a particular subdivision of its jurisdiction : general law called also public act public statute compare local law 2 a : the area of law that deals with the relations of individuals with the state and regulates the organization and conduct of government compare private law b : international law regulating the relations among sovereign states or nations as distinguished from private international law ...
local law
local law 1 a : a law limited in application to a particular district within a territory called also local act compare general law, public law b : special law 2 : the laws and legal principles and rules of a state other than those concerned with conflicts of law ...
procedural law
procedural law : law that prescribes the procedures and methods for enforcing rights and duties and for obtaining redress (as in a suit) and that is distinguished from law that creates, defines, or regulates rights [the federal courts in diversity actions must apply state substantive law and federal procedural law "Miller v. American Dredging Corp., 595 So. 2d 615 (1992)"] ;also : a particular law of this nature compare substantive law ...
substantive law
substantive law : law that creates or defines rights, duties, obligations, and causes of action that can be enforced by law compare adjective law, procedural law NOTE: There are restrictions on applying new substantive law (as statutory or case law) retroactively. ...
choice of law
choice of law :an issue in conflicts of law as to what law (as among laws of different states or multiple federal laws) should be applied in a case compare comity, federalism, full faith and credit ...
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