Glossary Equity PDF

Title Glossary Equity
Course Equity - LPAB
Institution University of Sydney
Pages 2
File Size 78 KB
File Type PDF
Total Downloads 91
Total Views 167

Summary

defines the meanings of key terms used in equity...


Description

Equity Glossary Equity: In its broadest sense, equity is fairness. As a legal system, it is a body of law that addresses concerns that fall outside the jurisdiction of Common Law. Feudal: relating to the social system of western Europe in the Middle Ages or any society that is organized according to rank. In a feudal society, people at one level of society receive land to live and work on from those higher than them in rank, and in return have to work for them and fight for them if necessary, sometimes also giving them some of the food they produce https://dictionary.cambridge.org/dictionary/english/feudal

maxim: a short statement of a general truth, principle, or rule for behaviour: https://dictionary.cambridge.org/dictionary/english/maxim

Dicta: Opi ni onsofaj udget hatdonotembodyt her esol ut i onordet er mi nat i onoft he spec i fi ccas ebef or et hec our t .Ex pr es s i onsi nacour t ' sopi ni ont hatgobey ondt he f act sbef or et hecour tandt her ef or ear ei ndi v i dualv i ewsoft heaut horoft heopi ni on andnotbi ndi ngi ns ubs equentcas esasl egal pr ecedent . www. l egal di ct i onar y . t hef r eedi c t i onar y . com/ Di ct a

Epicaia (old French law) aka Epikeia (Greek) aka Epikaia (Greek) Epikeia is equity. “It consists of the principles of natural justice so far as they are used to explain or correct a positive human law if it is not in harmony with… positive law in its literal interpretation. The law must be expounded… according to the intent of the lawgiver and the principles of natural justice.” (Catholic Encyclopedia, 1 Law, Concept of, V. Cathrein).

Obiter Dictum: Words of an opinion entirely unnecessary for the decision of the case. A remark made or opinion expressed by a judge in a decision upon a cause, "by the way", that is, incidentally or collaterally, and not directly upon the question before the court or upon a point not necessarily involved in the determination of the cause, or introduced by way of illustration, or analogy or argument. Such are not binding as precedent. https://legal-dictionary.thefreedictionary.com/Obiter

Ratio

Stare Decisis: a doctrine or policy of following rules or principles laid down in previous judicial decisions unless they contravene the ordinary principles of justice 1|Page

Writ:

Is discretionary

In Personam

In Rem

2|Page...


Similar Free PDFs