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Found 1005 Articles for Legal Studies
58 Views
Usually, any dispute or case first filed in a lower court (if it is civil matter, then in civil court and if it is criminal matter, then in sessions court) and once it is decided by the lower court, then either of the parties (it could be winning party or losing party), if not satisfied (with the decision of the lower court), then he/she can appeal in the higher court against the judgement of the lower court. What is meaning of Appeal? Appeal is a term used to explain a process of moving the case from the lower court ... Read More
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Essentially put, a composed statement of actualities that's sworn some time recently a witness who has the control to oath is known as an affirmation. Each affidavit must be in composing and incorporate as it were the realities; conclusions are not permitted. It has been seen or affirmed by the public accountant open or the commissioner of vows. The Court chooses these trustees to notarize and take vows. Public accountants and sworn fiduciaries are dependable for confirming the realness of the denier's signature. The declarant must show up in individual some time recently a public accountant or commissioner ... Read More
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Utilitarianism was essentially an English doctrine that played a crucial role in the 19th century reforms across Europe in different public aspects of lives including political, social, economic, academics and legal. The doctrine initially evolved with a radical nature as it sought to overhaul the entire conventional structures and systems for complementing the changing scenarios of the contemporary times. Moreover, the concept was the first of its kind which established a relation between personal happiness and individuals with the public interest. Additionally, the doctrine has been associated with some major scholars of the times including Jeremy Bentham, James ... Read More
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Based on the entire statute, it appears that the main goal of the law was to ensure road transportation and motor vehicle safety. The entire law deals with provisions relating to driver and conductor licensing, vehicle registration, vehicle control through permits, special provisions relating to state transport undertakings, traffic regulation, insurance, liability, as well as offenses and penalties if the aforementioned provisions are violated. What are Transport Laws? The branch of law that deals with transportation is known as transport law (or transportation law). The regulations may be applied more narrowly to the transportation of specific items or activities ... Read More
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The Tort law under USA includes mostly common law. Additionally, it offers broad guidelines because every state has its own civil code. In tort law, damages are paid out when people's rights to their physical well-being, clean environment, property, financial interests, or reputations are violated. In civil law, as opposed to criminal law, a "tort" is a wrong that typically calls for a monetary payment to make up for the harm that was inflicted. Tort law is typically viewed as constituting one of the three fundamental pillars of the law of obligations, along with contracts and unjust enrichment. ... Read More
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All around the world, the number of crimes is alarmingly rising, and this is also true in our country. Given this, it is clear that a just criminal justice system is necessary, and one of the most crucial aspects of criminal law is the imposition of an appropriate, just, and proportionate penalty. The Indian Evidence Act of 1872, the Indian Penal Code of 1860 (hence referred to as the "IPC"), and the Code of Criminal Procedure of 1973 (hereinafter referred to as the "CrPC") are the primary pieces of legislation in India that govern criminal law and the system of ... Read More
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The actions of stealing, misappropriating or extorting away something from someone either innocently or intentionally has always been an offence across the world and in the present times, owing to the different methods and processes of committing the crimes related to property while using force has made the legislatures to make different categories of one offence. The offences of Robbery and Dacoity, although relates to taking possession of an object unlawfully, however due to the factors such as degree of force used, severity of injury, number of accused and harm to the innocent person are the defining factors ... Read More
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The term "proximate cause" refers to an active cause that is effective at causing or initiating a series of events that ultimately lead to a specific outcome. The cause that is most active in producing a result is referred to as the proximate cause, regardless of whether it is the first or final cause. The proximate cause is taken into consideration before determining the insurer's obligation. As a result, the insurer must compensate the insured if a recognized covered risk is the primary cause of a loss. It implies that the insurer is responsible for compensating the insured ... Read More
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Mutatis Mutandis is a legal principle of codification and interpretation of law which entails that when there exists a difference between two laws then necessary changes can be made according to the need of the circumstance however the basic or main point would remain the same. What is the meaning of Mutatis Mutandis? Mutatis Mutandis is a Latin maxim which is literally defined as “all necessary changes having been made”. It basically means that if there is a change in the circumstances which demands a change in the law then the law would be applied as it has been ... Read More
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Misnomer is a principle of law which has been in existence for centuries for its acute significance in the legal process especially during the proceedings in a court of law. Misnomer is literally derived from French and Latin terms and collectively refers to the wrong name and description of a party in a suit. As a legal principle it also demonstrates that the incorrect reference must be amended for the administration of justice in its entirety. What is the meaning of Misnomer? The word Misnomer means that either there is an error in the name and description of ... Read More
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