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Topic: Legal term of art


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In the News (Wed 30 Dec 09)

  
  Legal instrument - Wikipedia, the free encyclopedia
Legal instrument is a legal term of art that is used for any written legal document such as a certificate, a deed, a will, an Act of Parliament or a law passed by a competent legislative body in municipal (domestic) or international law.
Legal instruments have undergone a progressive process of dematerialisation as it is now possible to sign digital documents, have them date and time stamped, or otherwise verified through various schemes of encryption and document authentication without benefit of actual parchment, seal, stamp, paper, or even ink.
To date, the variety (and inadequacy) of the definitions used for digital signatures (or electronic signatures) have produced a legal and contractual minefield for those who may be considering relying on the legality and enforceability of digitally signed contracts in any of many jurisdictions.
en.wikipedia.org /wiki/Legal_instrument   (428 words)

  
 The Mavens' Word of the Day   (Site not responding. Last check: 2007-10-29)
The "art" in term of art is not art as in "artist" but art as in "artisan." A term of art, therefore, refers not to the fine arts, but to any specialized field of endeavor.
According to an introduction to an art exhibition written by Professor Christopher L. Witcombe of Sweet Briar College, "The term for art in Greek (tekhne) and Latin (ars) does not specifically denote the 'fine arts' in the modern sense, but was applied to all kinds of human activities...based on knowledge and governed by rules.
Legal terms of art enable a lawyer to use language precisely, clearly, and consistently; there is no deviation in either the form of the term or the sense it conveys.
www.randomhouse.com /wotd/index.pperl?date=20011026   (432 words)

  
 Maintenance - Wikipedia, the free encyclopedia
Maintenance is a legal term of art that is used to describe child support, alimony (also called spousal support), and champerty.
It is less commonly used to describe unlawful conduct where a third-party provides help to a litigant who does not have a bona-fide interest in a lawsuit.
Maintenance is an industry term that is used to describe preventive maintenance in manufacturing, e.g.
en.wikipedia.org /?title=Maintenance   (157 words)

  
 [No title]
The idea is that our legal system has carefully defined what "property" is in the sense of what a person can go to court for and exclude other people from using.
The legal system has carefully defined "murder" over the years, and since we do have courts, there are some killings for which you can be punished, and others for which you cannot.
What Professor Sunstein and his school do is to slide from "property" and "murder" as terms of art to their everyday meanings.
www.rasmusen.org /w/04.06.23c.htm   (714 words)

  
 Legal instrument -- Facts, Info, and Encyclopedia article   (Site not responding. Last check: 2007-10-29)
Several other nations and international bodies have also enacted statutes and regulations regarding the validitiy and binding nature of (additional info and facts about digital signature) digital signatures.
To date, the variety (and inadequacy) of the definitions used for digital signatures (or electonic signatures) have produced a legal and contractual minefield for those who may be considering relying on the legality and enforceability of digitally signed contracts in any of many jurisdictions.
That it has been fully, or adequately, achieved (in any jurisdication) is a claim which must be taken with considerable caution.
www.absoluteastronomy.com /encyclopedia/l/le/legal_instrument.htm   (336 words)

  
 Illinois Bar Journal; February 2001   (Site not responding. Last check: 2007-10-29)
The Illinois Supreme Court illustrated the distinction between "ultimate facts" and "legal conclusions" with an example: the details of a party's conduct under a contract are ultimate facts, the court wrote, and thus properly the subject of a request to admit.
However, asking a party to admit that the specified conduct amounts to a material breach of contract is a "legal conclusion." Nonetheless, the court said, in later filings a party may argue that the conduct admitted constituted a legal breach.
While the supreme court might have hoped to resolve once and for all whether "ultimate facts" could be the subject of requests to admit, an examination of the requests allowed indicates that the distinction between "ultimate facts" and "conclusions of law" remains murky.
www.illinoisbar.org /Member/feb01lj/p95.htm   (1032 words)

  
 [No title]
If an offeree responds to an offer by proposing different terms than specified by the offeror, then he or she has made a "counteroffer." The counteroffer is treated as a new offer, and the first offer expires.
"Consideration" is a legal term of art that refers to anything of value that the parties exchange as a result of the agreement.
However, all contracts should have terms that establish the existence of the contract and verify the parties' intent to be bound by it.
sv.quicken.findlaw.com /legal/contracts.html   (4375 words)

  
 Legal Negligence   (Site not responding. Last check: 2007-10-29)
In the realm of criminal common law, criminal negligence is a legal term of art for a state of mind which is careless, inattentive, neglectful, willfully blind, or reckless; it is the ''mens rea'' part of a crime which, if occurring simultaneously with the ''actus reus'', gives rise to criminal liability.
Some distinguish recklessness from negligence; recklessness is a 'malfeasance' that increases the danger of an act occurring; whereas criminal negligence is a 'misfeasance or 'nonfeasance,'merely allowing otherwise avoidable dangers to manifest.
Negligence Per Se ''Negligence per se'' is the legal doctrine whereby certain acts are considered intrinsically negligent, with no requirement to prove the negligence was known or intended.
www.wwwtln.com /finance/114/legal-negligence.html   (1041 words)

  
 Michigan Appellate Digest - 145259 In re Systma   (Site not responding. Last check: 2007-10-29)
Guardianship is a legal term of art and requires court intervention.
The respondent claimed that the probate court did not have jurisdiction over his son, one of the mother's children, because the children were in the care of relatives and were not without proper care or guardianship.
Further, they were without proper care because the DSS had provided care for the children several times before the mother's death because she could not find relatives willing to care for them, and there was no evidence that the brother would care for them indefinitely on this occasion.
courtofappeals.mijud.net /Digest/newHTML/14525921.htm   (434 words)

  
 Legal and ethical issues
Lastly, the authors believe that decisions that reflect appropriate sensitivity to legal and ethical issues must be made by the treating professional with the appropriate consultation of peers, supervisors and legal council.
For purposes of our discussion legal issues are relevant in two areas, laws governing the practice of your profession and criminal and civil laws that either directly or indirectly impact the mental health professionals practice.
For example, while confidentiality is an ethical concept that often serves to protect the client or patient and privilege is a legal term of art that refers to a clients statutory right to have confidential information protected, for our purposes making a distinction between the two can simply be arbitrary.
www.daniel-sonkin.com /dvethics.html   (11316 words)

  
 Oregon Child Custody Law Attorney Lawyer Visitation
Legal custody means having the legal responsibility for caring for a child or children.
In most cases in Oregon one parent is awarded legal custody of the children while the other parent is awarded parenting time.
"Parenting time" is a legal term of art that Oregon courts use instead of "visitation." Parenting time and visitation are the same thing.
bpalmerlaw.com /CM/Custom/TOCChildCustodyandParentingTime.asp   (519 words)

  
 ipedia.com: Effects of marriage Article   (Site not responding. Last check: 2007-10-29)
Effects of marriage is a legal term of art used to describe all of the rights and obligations that individuals may be subject and entitled to if they are in a common-law marriage, an annulled marriage...
Effects of marriage is a legal term of art used to describe all of the rights and obligations that individuals may be subject and entitled to if they are in a common-law marriage, an annulled marriage, domestic partnership or a civil union.
An example may be an annulled marriage where the court awards alimony to the weaker, poorer or less well educated spouse to allow him or her a period of time to go back to school or re-enter the work force.
www.ipedia.com /effects_of_marriage.html   (180 words)

  
 The Redwoods Group
When the patient's lawyer noticed that the chiropractor had rewritten the record, he moved before the court to amend his complaint to assert a claim of "spoliation of evidence" and sought punitive damages.
"Spoilation" is the legal term of art for destruction of evidence.
For legal advice relating to any subject addressed in this handout, dentists are advised to seek the services of a local personal attorney.
www.redwoodsgroup.com /articles-31.asp   (715 words)

  
 Ruling Confirms NRLC Warnings of 1980s New Mexico Supreme Court Says State ERA Requires State to Pay for Elective ...
Within the context of abortion law, "medically necessary" is a legal term of art that simply means that the abortion was performed by a licensed professional.
To the layperson, the term "medically necessary" suggests that an abortion is performed because of some sort of medical emergency arising from a woman's pregnancy.
However, under federal court decisions going back more than 20 years, "medically necessary abortion" is a legal term of art which simply means that an abortion is performed by a licensed medical professional.
www.nrlc.org /news/1998/NRL12.98/Doug.html   (1398 words)

  
 Michigan Appellate Digest - 121310 People v Babcock   (Site not responding. Last check: 2007-10-29)
Appellate review of a sentence imposed under the statutory guidelines is limited to determining whether the sentence was imposed within the appropriate guidelines range and, if not, whether the departure from the range was based upon a substantial and compelling reason as articulated by the trial court.
A legal term of art is a technical word or phrase which has acquired a particular and appropriate meaning in the law.
When used in a statute, the legal term should be accorded its particular meaning.
courtofappeals.mijud.net /Digest/newHTML/12131011.htm   (738 words)

  
 Domestic Partnership Information
The term "domestic partners" is a new name for a living arrangement which has been around for a long time, namely, two unmarried adults who are living together as a family unit.
The term "domestic partners" was first used in Northern California when the City of San Francisco was considering legislation to give benefits and protections to such couples in 1981.
The phrase caught on and today it is a legal term of art which is used by some state governments, many local governments, and hundreds of private employers.
www.unmarriedamerica.org /dp-info.html   (379 words)

  
 Best art brown, cia Site   (Site not responding. Last check: 2007-10-29)
We have worked hard to make sure that art brown, cia information can be found here.
We hope you have enjoyed the art brown, cia resources online directory, as much as we have enjoyed researching and compiling it for you.
Search terms used to generate the Google News feed are highlighted in the results
cia.search-now802.com /art_brown,_cia.html   (235 words)

  
 Ocean Dumping   (Site not responding. Last check: 2007-10-29)
Professor Kindt's article on ocean dumping begins by noting the inherent irrationality of using mankind's last economic frontier as a global garbage dump.
The author also discusses pollution as a legal term of art under various international conventions such as the Ocean Dumping Convention and the U.N. Convention on the Law of the Sea.
The author proceeds to present a thoughtful and analytical delineation of the ocean dumping problem and explores several possible approaches in confronting the problem.
www.law.du.edu /ilj/abstracts/vol13/kindt.htm   (154 words)

  
 Maintenance - Wikipedia
Maintenance is a legal term of art[?] that is used to describe child support and alimony (also called spousal support).
This is a disambiguation page; that is, one that just points to other pages that might otherwise have the same name.
All text is available under the terms of the
wikipedia.findthelinks.com /ma/Maintenance.html   (73 words)

  
 Microsoft - Information on Terms of Use
Use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software ("License Agreement").
Falsify or delete any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
Microsoft reserves the right at all times to disclose any information as Microsoft deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Microsoft's sole discretion.
www.microsoft.com /info/cpyright.mspx   (2075 words)

  
 Hoffman Article   (Site not responding. Last check: 2007-10-29)
As countless judicial opinions and statutes testify, the law-trained among the presumptuous have taken their vernacular usages of "presume" and "presumption" to work with them, saying and writing "presume" when they mean only "assume......
suppose," "Infer," or "conclude." Thus, the legal twin presumption" sustains the same kind of pressure that tends to squeeze the meaning out of any term of art having a vernacular twin.
Even when consciously invoking terms of art, judicial opinions have too often treated "inference," "prima facie evidence," and "presumption" as synonyms.
www.law.ua.edu /lawreview/hoffmaab.htm   (280 words)

  
 Frequent Disability Questions Michael P. Sullivan Attorneys Louisville Kentucky   (Site not responding. Last check: 2007-10-29)
The concept of “disability” is as much a term of art as one of semantics.
These are very complex legal and medical situations, and the ultimate outcome is very fact dependant.  Most hearings in these cases include a SSA appointed medical advisor providing expert testimony.    So, please get competent legal advice tailored to your own fact scenario and medical situation.
In terms of an appeal of a termination of benefits, you are trying to demonstrate that since the comparison point (some point in time after you were approved) there has not been much in the way of medical improvement that pertains to an ability to work, and you remain medically disabled.
www.kysocialsecuritylaw.com /frequentquestionspage.shtml   (1519 words)

  
 Creating a Paper Trail   (Site not responding. Last check: 2007-10-29)
In the event that you someday decide that someone stole your song or "infringed" your copyright you will need to prove two things in order to win a copyright infringement lawsuit: (1) access and (2) substantial similarity.
"Substantial similarity" is a legal term of art which compares one song to another to decide if they are too similar.
However, most cases are thrown out before the issue of substantial similarity is proven because they fail to show access.
www.dallassongwriters.org /feature3.htm   (397 words)

  
 EFF: Censorship & Free Expression - SLAPPs
Directory of information relating to abuse of legal discovery (a legal term of art meaning a court order to turn over documents or other information), including subpoenas, to strip online commentators of anonymity (or otherwise misuse the discovery process to silence critics).
Directory of information relating to abuse of legal system by "shopping" for a forum.
Variants include dismissing cases and refiling them in hopes of getting a more sympathetic judge, picking jurisdictions that are very far away from the opponent, in order to make it more difficult for them defend themselves, seeking jurisdictions that are sympathetic to file cases one would lose locally.
www.eff.org /Censorship/SLAPP   (209 words)

  
 German Law Journal - The Legal Framework of Regulatory Competition Based on Company Mobility: EU and US Compared - Part ...
On the contrary, the Court emphasized that the statutory seat was not subject to change, not even when the real seat is moved.
Moreover, such a tax could not even be introduced in the future (at least not by an autonomous decision of Member States) since it is expressly prohibited by art.
financial and legal services, which are an important branch of the economy in Delaware and similar states.
www.germanlawjournal.com /print.php?id=591   (3542 words)

  
 Personal Injury Social Security Disability Attorney Michael P. Sullivan Louisville & Elizabethtown Kentucky KY Lawyer
This law office also handles Long Term Disability claims, Short term Disability claims, private insurance disability claims, ERISA litigation for disability benefits, and some State Retirement Disability claims.  Finally, this office also handles some auto accident claims and litigation.
All browsers are informed that the contents are for informational purposes only, and that they should promptly seek competent, licensed legal counsel for their own unique fact situation before making any decisions.
Any reliance upon only the information on this Website is definitely not recommended and should be wholly avoided.  Again, each case is different, and those browsing need to promptly secure competent legal advice that is uniquely tailored to their own fact and medical situations.
www.michaelsullivanlaw.com   (340 words)

  
 Declaration of Independence: Blackstone
The following excerpt is from Book 1, Section II of the Commentaries, entitled "Of the Nature of Laws in General." This section explains the basis of not only English law and government, but of any legal system and government that would claim to be just and free.
Through the Declaration, these ideas also became the basis of our own law and government.
To go to the start of our course on the Declaration of Independence click here.
www.citizensoldier.org /decsource.html   (1330 words)

  
 AS COURTS INCREASINGLY HOLD FIRMS LIABLE FOR LOSSES CAUSED BY COMPUTER FAILURES, RECOVERY CAPABILITIES ARE FAST ...
The common law is a thicket of legal rules that have grown out of court decisions and very old laws.
Regardless of whether a company is privately held and has just a few shareholders, or is publicly held and has thousands, most jurisdictions require directors and officers of corporations to exercise what is called “good business judgement.” That is a legal term of art that is used a lot in litigation.
Even if a business is not required by statute or contract to obtain contingency planning/disaster recovery services, the current availability of such services might make a business’ failure to obtain them negligent and actionable after a disaster.
www.drj.com /new2dr/w2_022.htm   (1480 words)

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