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Jurisprudence - Law Dictionary Search Results

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Jurisprudential

Of or pertaining to jurisprudence...


cruel and unusual punishment

cruel and unusual punishment : punishment that is offensive to the contemporary morality or jurisprudence (as by being degrading, inflicting unnecessary and intentional pain, or being disproportionate to the offense) [nor cruel and unusual punishments inflicted "U.S. Constitution amend. VIII"] see also Gregg v. Georgia in the Important Cases section compare corporal punishment, death penalty NOTE: A cruel and unusual punishment is essentially one that the courts consider to violate the Eighth Amendment based on a variety of criteria. The interpretation of what constitutes cruel and unusual punishment has changed over time and has varied from jurisdiction to jurisdiction. Most forms of corporal punishment formerly used at common law have been found to be cruel and unusual punishments. The U.S. Supreme Court has held that the death penalty in itself does not constitute cruel and unusual punishment, although mandatory death sentences do. ...


juridical

juridical [Latin juridicus, from jur- jus law + dicere to say] 1 : of or relating to the administration of justice or the office of a judge [raises a question regarding trial] 2 : of or relating to law or jurisprudence : legal [nowhere in… opinions can we discover any overriding rule "Brown v. Superior Court of Sacramento Cty., 655 P.2d 1260 (1982)"] ...


juristic

juristic 1 : of or relating to a jurist or jurisprudence [ scholarship] [ thought] 2 : of, relating to, or recognized in law [all of these considerations are of little or no significance "Wilson v. Lund, 491 P.2d 1287 (1971)"] ...


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...


merge

merge merged merg·ing vt 1 : to cause to unite, combine, or coalesce [ one corporation with another] 2 : to cause to be incorporated and superseded [one effect of a judgment is to therein the cause of action on which the action is brought "American Jurisprudence 2d"] compare bar vi : to become combined : undergo merger ...


Our Federalism

Our Federalism [from the language of a U.S. Supreme Court ruling in Younger v. Harris, 401 U.S. 37 (1971), which proclaimed that “Our Federalism” represents “a system in which there is sensitivity to the legitimate interests of both State and National Government … ”] : a doctrine in federal jurisprudence that limits federal interference in state civil and esp. criminal proceedings out of respect for the interests and policies of the states ...


overrule

overrule 1 : to rule against [the objection was overruled] compare sustain 2 a : to rule against upon review by virtue of a higher authority : set aside reverse [the appeals court overruled the trial court's decision] b : to set aside as a precedent or guide [did not intend to overrule prior jurisprudence in that area] [refused to overrule the landmark case] compare follow ...


Restatement

Restatement : any of several volumes produced by the American Law Institute and authored by legal scholars and experts that set forth statements of major areas of law (as contracts, torts, trusts, and property) and are widely referred to in jurisprudence but are not binding ...


restrictive covenant

restrictive covenant 1 : a covenant acknowledged in a deed or lease that restricts the free use or occupancy of property (as by forbidding commercial use or types of structures) [one who purchases for value and without notice takes the land free from the restrictive covenant "American Jurisprudence 2d"] NOTE: For a restrictive covenant to run with the land it must be intended to do so by the original parties to it, it must directly concern the land itself and be enforceable, and there must be privity between the original parties and between the original and subsequent grantee. 2 : covenant not to compete [restrictive covenants unenforceable upon physicians "Annotated Laws of Massachusetts"] NOTE: A restrictive covenant in a work contract must be reasonable to be enforceable, which means that it must be reasonably necessary to protect the legitimate interests of the employer or partnership, must not impose undue hardship on the individual concerned, and must not harm the public i...



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