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Fundamental Legal Principles
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Equality before the Law
The principle that each individual is subject to the same laws, with no individual or group having special legal privileges.
Tort Law
A body of rights, obligations, and remedies that is applied by courts in civil proceedings to provide relief for persons who have suffered harm from the wrongful acts of others.
Habeas Corpus
A writ requiring a person under arrest to be brought before a judge or into court, to secure the person's release unless lawful grounds are shown for their detention.
Sovereign Immunity
A legal doctrine by which the sovereign or state cannot commit a legal wrong and is immune from civil suit or criminal prosecution.
Constitutionalism
A complex of ideas, attitudes, and patterns of behavior elaborating the principle that the authority of government derives from and is limited by a body of fundamental law.
Due Process of Law
The legal requirement that the state must respect all legal rights that are owed to a person. It balances the power of law of the land and protects the individual person from it.
Judicial Review
The power of a court to decide on the constitutionality of laws, acts of government, and other cases that come before it.
Inquisitorial System
A legal system where the court or a part of the court is actively involved in investigating the facts of the case, as opposed to an adversarial system where the role of the court is primarily that of an impartial referee between the prosecution and the defense.
mens rea (Criminal Intent)
A legal concept that refers to the criminal intent of a person while committing a crime. It's a necessary element to demonstrate in many crimes to establish the defendant's degree of culpability.
International Law
A body of rules established by custom or treaty and recognized by nations as binding in their relations with one another. It includes laws governing the rights and duties of states and international organizations.
Natural Law
A philosophy asserting that certain rights are inherent by virtue of human nature, endowed by nature—traditionally by God or a transcendent source—and that these can be understood universally through human reason.
Presumption of Innocence
The principle that one is considered innocent until proven guilty. The prosecution must prove the guilt of the accused beyond a reasonable doubt.
Fiduciary Duty
A legal obligation of one party to act in the best interest of another. The obligated party is typically a fiduciary, that is, someone entrusted with the care of money or property.
Doctrine of Laches
An equitable defense that prevents a plaintiff from obtaining relief when they have significantly delayed enforcing their rights, causing prejudice to the defendant.
Legal Positivism
A school of thought in philosophy of law and jurisprudence which holds that laws are rules made by human beings and that there is no inherent or necessary connection between law and morality.
Rule of Law
The principle that all people and institutions are subject to and accountable to law that is fairly applied and enforced; the principle of government by law.
Civil Law
The body of laws of a state or nation regulating ordinary private matters, as distinct from laws regulating criminal, political, or military matters.
Precedent
A principle or rule established in a previous legal case that is either binding or persuasive for a court when deciding subsequent cases with similar issues or facts.
Substantive Law
The part of law that creates, defines, and regulates rights, including, for example, the law of contracts, torts, wills, and real property; the essential substance of rights under law.
Common Law
A body of unwritten laws based on legal precedents established by the courts. It influences the decision-making process in novel cases where the outcome cannot be determined based on existing statutes.
Procedural Law
The part of law that prescribes the methods and manners in which legal rights and duties may be enforced in court.
Contract Law
The body of law that governs oral and written agreements associated with exchange of goods and services, money, and properties. It includes everything from buying a bus ticket to trading on derivatives markets.
Judicial Activism
A judicial philosophy that encourages judges to depart from traditional precedents in favor of progressive and new social policies. Advocates argue that the courts should play an active role in the promotion of justice.
Jurisprudence
The theory or philosophy of law. A legal system is a framework for creating, interpreting, and enforcing laws.
Legal Realism
A theory of law that advocates a less abstract and more pragmatic approach to the law, as it argues law is shaped by social interests and public policy.
Sui Juris
A Latin term meaning 'of one's own right' used to indicate that an individual possesses full legal rights and is not under any legal incapacity such as being a minor or mentally incapacitated.
Stare Decisis
The legal principle of determining points in litigation according to precedent. It means to stand by things decided.
Adversarial System
A legal system used in the common law countries where two advocates represent their parties' case or position before an impartial person or group of people, usually a jury or judge, who attempt to determine the truth of the case.
Legal Pluralism
The existence of multiple legal systems within one geographic area, each of which applies to a certain category of people. This can coexist in various forms such as customary law, religious law, and state law.
Doctrine of Preemption
A principle that provides that federal law overrides, or preempts, state laws in certain areas; derived from the Supremacy Clause of the U.S. Constitution.
Actus Reus (Criminal Act)
Refers to the act or omission that comprises the physical elements of a crime as required by statute. This must be coupled with mens rea to establish criminal liability.
Separation of Powers
The division of government responsibilities into distinct branches to limit any one branch from exercising the core functions of another. Typically, this principle divides the government into the executive, legislative, and judicial branches.
Criminal Law
A system of law concerned with the punishment of those who commit crimes.
Equity
A body of law that was developed in the English Court of Chancery and that is concerned with providing remedies that are flexible and oriented toward fairness for situations where rigid application of common law principles might result in injustice.
Legal Formalism
A principle that posits that legal reasoning can and should be objective, and that judges can reach decisions by applying rules and principles in a mechanical and non-subjective manner.
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