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A word used to refer to situations where audi alteram partem (the right
to be heard) and nemo judex in parte sua (no person may judge their own
case) apply. The principles of natural justice were derived from the Romans
who believed that some legal principles were "natural" or self-evident
and did not require a statutory basis. These two basic legal safeguards
govern all decisions by judges or government officials when they take
quasi-judicial or judicial decisions.
Not only are people responsible for the intentional harm they cause, but
their failure to act as a reasonable person would be expected to act in
similar circumstances (i.e. "negligence") will also give rise
in Parte Sua:
Latin and a fundamental principle of natural justice which states that
no person can judge a case in which he or she is party. May also be called
nemo judex in sua causa or nemo debet esse judex in propria causa.
A process in which parties obtain from an experienced (and possibly expert)
neutral third party a non-binding, reasoned evaluation of their case on
Latin for "I will not defend it." Used primarily in criminal
proceedings whereby the defendant declines to refute the evidence of the
prosecution. In some jurisdictions, this response by the defendant has
same effect as a plea of guilty.
Non est Factum:
Latin for "not his deed" and a special defense in contract law
to allow a person to avoid having to respect a contract that she or he
signed because of certain reasons such as a mistake as to the kind of
Not doing something that a person should be doing. Compare with malfeasance
When a person who should have been made a party to a legal proceedings
has been forgotten or omitted. This is usually addressed by asking the
court to amend documents and including the forgotten party to the proceedings.
It is the opposite of mis-joinder.
Also known as "notary public": a legal officer with specific
judicial authority to attest to legal documents usually with an official
of Disclaimer - Lease:
In a proposal, the company may disclaim a lease or, in other words, state
that it does not require that lease and is cancelling it. The proposal
must indicate one of the options that is given to the landlord for him
to file a claim as follows actual losses resulting from the disclaimer
or the lesser of
(i) three years rent, or
(ii) the aggregate of the rent provided for in the lease for the
first year of the lease following the date on which the disclaimer becomes
effective and 15% of the rent for the remainder of the term of the lease
after that year.
This is unique to B.C. It is a process by which any party to an action
in the Supreme Court can require that all other parties to the action
attend a mediation session to attempt to settle the matters in dispute.
While the Notice to Mediate process requires that the parties attend a
mediation session, it does not force them to reach an agreement.
In spite of, even if, without regard to or impediment by other things.
The provision (clause) in the Canadian Charter of Rights and Freedoms allowing provinces and territories to create laws that operate in spite of certain contradictions with the Charter.
Substitute a new debt for an old debt cancelling the old debt. (Compare
A contract-law term which stands for those agreements which are without
consideration, such as a unilateral undertaking, which may bind a person
morally, but not under contract law, in those jurisdictions which still
Excessive or unlawful use of one's property to the extent of unreasonable
annoyance or inconvenience to a neighbor or to the public. Nuisance is
Unable to locate assets.
Nunc Pro Tunc:
Latin: now for then. It refers to the doing of something late (after it
should have been done in the first place), with effect as if it had been
done on time.
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