Positive Law - Law Dictionary Search Results

Mala prohibita

are not necessarily mala in se, or wrongs in themselves, e.g., contraventions of the Shops Acts; breaches of positive law, 4 Steph.Com.

of the order is to place the adopted child for all purposes except as mentioned below in the position of a child as if born to the adopter in lawful wedlock, inter alia in regard to custody, … act by which a person adopts as his own the child of another. Until recently there was no law of adoption in this country though it exists in other countries, as France and Germany, where the civil

Mahr (dower)

being the nature of the dower (mahr), the rules which regulate its payment are necessarily affected by the position of a married woman under the Muhammadan law. Under that law marriage does not make her property the

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Church

of the Church and Clergy; Phillimore's Ecclesiastical Law;Chitty's Statutes, tit. 'Church and Clergy'; and Lely's Church of England Position, as appearing from Statutes, Articles, Canons, Rubrics, and Judicial Decisions.

Arbitration

final judge of law and facts; he is bound by the rules of law, and occupies a judicial position [re Enoch, (1910) 1 KB 327], and cannot award anything contrary thereto. It is, however, the recognized practice

Equal protection

should be no discrimination between one person and another if as regards the subject-matter of the legislation their position is the same. There can certainly be a law applying to one person or to one group of

condition

that upon fulfillment terminates an already enforceable obligation and entitles the parties to be restored to their original positions see also potestative condition in this entry suspensive condition in the civil law of louisiana : a condition

Lawful purpose

under the statute that enacts the term or it can mean a purpose that is supported by a positive rule of law, Crafter v. Kelly, (194) SASR 237. Should be read as a purpose that is authorised,

Comity of Nations

when it is contrary to its known policy or prejudicial to its interests. In the silence of any positive rule affirming or denying or restrain-ing the operation of foreign laws, courts of justice presume the tacit adoption … of Nations, the most appropriate phrase to express the true foundation and extent of the obligation of the laws of one nation within the territories of another. It is derived altogether from the voluntary consent of the

Misfeasance and non-feasance

between misfeasance (positive action) and non-feasance (omission). Misfeasance is wilful, reckless or heedless conduct in commission of a positive act lawfully done but with improper conduct. Non-feasance means non-performance of some act which ought to be performed … (positive action) and non-feasance (omission). Misfeasance is wilful, reckless or heedless conduct in commission of a positive act lawfully done but with improper conduct. Non-feasance means non-performance of some act which ought to be performed or omission

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