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Glossary : common law

Definition 1


That which derives its force and authority from the universal
consent and immemorial practice of the people. See Law, common.

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Defense against Unfair Competition

Posted on 17 Sep 2008


Unfair Competition is a deceitful, fraudulent or dishonest business method or trade practice to gain unfair advantage over competitors.

Unfair Competition has two broad categories:

1. Unfair Competition - refers to business tactics that are intended to confuse con...


Dealing With Partnership Disputes

Posted on 17 Sep 2008


Partnership is established when two or more entities agreed to form a business for profit. This is managed by the partners themselves. Thus, conflicts, clashes or arguments in partnership are inevitable which more often lead to partnership disputes.

Why partnership disputes o...


Why Is a Trademark Important?

Posted on 12 Sep 2008


Most business owners do not give a second thought about their trademark. Whether it is a small town bakery or a self-employed handyman, most business owners go on their merry way, completely unconcerned about owning their own trademark.

Sometimes this works out okay. Often tim...


How to Make a Claim in Virginia for Injuries Due to a Dog Bite-Part I

Posted on 21 Aug 2008


In Virginia, in order to successfully prosecute a claim for injuries you (or a loved one) suffered as a result of being bitten or otherwise attacked by a dog, the law requires that you prove a number of items.

However, before we get into the law of dog bite claims, I believe t...


What Should Essentially Embody a Partnership Agreement

Posted on 16 Aug 2008


A partnership agreement is simply an agreement between two or more persons to build a business partnership for profit. Although the law does not require any written form to create partnership, it has become a common practice to reduce the agreement into writing.

There is no fe...


Views on Nanny Cams - Disclosure, Legality and Ethics

Posted on 16 Aug 2008


Nanny cams have become so much a part of our culture. It will not come as a surprise to you if almost every parent you know who has a nanny, or who have hired nannies in the past 2 years, have installed nanny cams. Before you purchase and install your own hidden cameras (another term for...


Avoid any medical malpractice in Connecticut

Posted on 12 Aug 2008


Medical Malpractice is something that has been going on for centuries. However, now that we have the abilities to prove and held the right people responsible, medical malpractice is getting more attention then ever before. Sad stories of people dying on the accord of some silly mistake are...


Slips Then Falls

Posted on 23 Jul 2008


Slip and fall, in United States tort law, is a claim or case based on a person slipping (or tripping) and falling. It is a tort, and based on a claim that the property owner was negligent in allowing some dangerous condition to exist that caused the slip or trip. Learn more of this with th...


Illegitimacy Issues of Paternity

Posted on 23 Jul 2008


In law, Paternity is the legal acknowledgment of the parental relationship between a man and a child usually based on several factors.
Under common law, a child born to the wife during a marriage is usually presumed to be the husband's child. This concept is the "presumption of lawfu...


A Few Defenses to Fault Divorce

Posted on 23 Jul 2008


Fault divorces used to be the only way to break a marriage, and people who had differences, but did not qualify as "at fault", only had the option to separate. In the United States, New York is the only state that still requires fault for a divorce.
Prior to the latter decades of the...


Important Answers about Divorce

Posted on 22 Jul 2008


It is hard for many people to admit, but sometimes getting divorced is the only way to live a happy and healthy life. When thinking about a divorce, there are several other items that are factors in this big decision. Before filing, take the time to look into what the divorce process invol...


Nonnegotiable Contracts

Posted on 18 Jul 2008


In law of business, the Standard Form Contract is one of its main topics. A standard form contract is a contract between two parties that does not allow for negotiation, or more commonly defined as the “take it, or leave it”.
It is often a contract ...


Conflicts of Divorce Cases

Posted on 17 Jul 2008


When people's lives were mostly confined to single state, local court orders for maintenance and child support, and for contact with, and parental responsibility for, any children of the family were administered through a relatively trouble-free system.
But, as the borders between st...


Liability Issues from Premises

Posted on 17 Jul 2008


Premises are land and buildings together considered as a property. This usage arose from property owners finding the word in their title deeds, where it originally correctly meant "the aforementioned; what this document is about".
Now when a certain accident occurs within the premi...


Protecting Goodwill and Reputation of a Business in the UK: The Law of Passing Off

Posted on 16 Jul 2008


Introduction

An action for passing off is made out when a person makes a misrepresentation which is calculated to deceive and cause damage to the business or goodwill of the other person, and that other person has accumulated goodwill in respect to the a trade mark, sign, name...


Six Common Mistakes Under Canadian Trade-Mark Law

Posted on 11 Jul 2008


As more and more companies are seeking to distinguish their products and services in the marketplace by registering their names, slogans or designs as trade-marks, many companies which do not retain a Canadian lawyer or trade-mark agent often make fundamental mistakes. Among the most comm...


Car Accidents, Prone to Legality

Posted on 02 Jul 2008


A car accident is a road traffic incident which usually involves at least one road vehicle being in collision with, either another vehicle, another road user, or a stationary roadside object, and which may result in injury or property damage.
Many jurisdictions require the collection...


Differs By State

Posted on 19 Jun 2008


Different countries have different jurisdictions, apart from common law. Different jurisdiction dictates different procedures in law processes, especially when it comes to divorce laws in the US. Divorce in the United States is a matter of state rather than federal law.
In some state...


Corporate Manslaughter & Corporate Homicide Act 2007

Posted on 13 Jun 2008


The Corporate Manslaughter & Corporate Homicide Act 2007 received royal assent on 26th July 2007 and comes into effect on 6th April 2008.

New offence called "corporate manslaughter" in England, Wales and Northern Ireland and "corporate homicide" in Scotland has been created fo...


Malicious Act of Malcontent

Posted on 30 May 2008


In the United States, the legal definition of malicious injury is any injury committed with malice, hatred or one committed spitefully or wantonly. Such an action must be willfully committed with the knowledge that it is liable to cause injury.
Malice is a legal term referring to a ...


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Recent Dictionary entries

constituimus  A Latin word which signifies we constitute. Wheneverthe king of England is vested with the right of...

possessio fratris  The brother s possession. This is a technical phrase which is applied in the English law relating ...

exemplification evidence. A perfect copy of a record, or office booklawfull kept, so far as relates to the matter in...

prayer for relief chan. pleading. This is the name of that part of the bill, which, as the phrase imports, prays for ...

rehearing  A second consideration which the court gives to a cause, on a second argument. 2. A rehearing ta...

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