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Common Law Doctrines
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Jurisdiction
The official power to make legal decisions and judgments, often within a specific area or over certain types of cases.
Quantum Meruit
A doctrine that allows a party to recover the value of work performed when no contract exists or when there has been an unenforceable contract.
Precedent
A legal decision or form of proceeding serving as an authoritative rule or pattern in future similar or analogous cases.
Injunction
A court order compelling a party to do or to refrain from specific acts, often used to prevent harm or to maintain the status quo.
Mootness
A criterion used by courts to dismiss cases where the issues are no longer in dispute, or the problem has been resolved, rendering a decision unnecessary.
Parens Patriae
A doctrine that grants the state the authority to act as the guardian for those who are unable to care for themselves, such as children or handicapped individuals.
Contributory Negligence
A defense in tort law that holds that if the plaintiff contributed to their own injury through their own negligence, they cannot recover damages from the defendant.
Obiter Dicta
Statements made by judges in their decisions that are not necessary to reach the conclusion, and thus not binding as precedent.
Equitable Remedies
Forms of relief provided by courts in situations where monetary damages are insufficient or inappropriate, including injunctions, specific performance, etc.
Breach of Contract
A legal cause of action in which a binding agreement is not honored by one or more of the parties to the contract by either non-performance or interference with the other party's performance.
Comparative Negligence
A principle that reduces the amount of damages a plaintiff can recover in a negligence-based claim, based upon the degree to which the plaintiff's own negligence contributed to the cause of their injury.
Caveat Emptor
A Latin phrase meaning 'let the buyer beware,' which holds that the buyer alone is responsible for checking the quality and suitability of goods before a purchase is made.
Negligence
A doctrine within tort law that denotes the failure to exercise appropriate care expected to be exercised amongst specified circumstances.
Specific Performance
A remedy requiring a party to fulfill the actual terms of a contract, typically used when money damages would be inadequate compensation.
Sovereign Immunity
A legal doctrine that a sovereign state cannot commit a legal wrong and is immune from civil suit or criminal prosecution, subject to exceptions by statute or treaties.
Restitution
The return or restoration of specific property or funds to the proper owner, often seen as a remedy in contract law and torts to prevent unjust enrichment.
Res Judicata
A principle that restricts the re-litigation of cases that have already been judged, assuming the judgment was final and on the merits.
Tort
A wrongful act or infringement of a right leading to legal liability, which allows a lawsuit for damages.
Case Law
Law that is established by previous court decisions and based on the records of individual cases, as opposed to statutes or constitutions.
Legal Remedies
Relief or compensation to an aggrieved party in a dispute, commonly provided in the form of monetary compensation.
Ratio Decidendi
The principle or legal reason that underpins the court's decision in a case, which must be followed by lower courts in future similar cases.
Common Law
A body of unwritten laws based on legal precedents established by the courts, which governs cases not covered by statutory laws.
Appeal
The process by which a party petitions a higher court to review the decision of a lower court, claiming an error was made in the proceeding.
Constructive Trust
An equitable remedy resembling a trust imposed by a court to benefit the proper party when someone has wrongfully attained property through fraud, duress, etc.
Ultra Vires
Acts or decisions made by an entity that are beyond the scope of the power or authority granted to them by law or corporate charter.
Stare Decisis
A doctrine that obligates courts to look to precedents, where past judicial decisions are authoritative in principle.
Judicial Review
The ability of a court to examine and decide if a statute, treaty or administrative regulation contradicts or violates the provisions of existing law or constitutional principles.
Declaratory Judgment
A court judgment that clarifies and declares the rights, duties, or obligations of each party in a dispute, without necessarily awarding damages or issuing an injunction.
Res Ipsa Loquitur
A doctrine of tort law that infers negligence from the very nature of the accident or injury, when the event is one that would not normally occur without negligence.
Ripeness
A legal principle that a court uses to determine if a case has matured into a controversy worthy of adjudication and that the issues are ready for decision.
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