Archive for August, 2009

Glomeration Definition | Definition of Glomeration at Dictionary.com

August 31, 2009

glom⋅er⋅a⋅tion

–noun

1. a glomerate condition; conglomeration.

2. a glomerate mass.

via Glomeration Definition | Definition of Glomeration at Dictionary.com.

Ted Kennedy & The Health Care Town Halls (ProfessorBainbridge.com)

August 31, 2009

Stephen M. Bainbridge, UCLA School of Law: Here at PB.com, we dote on the Red State Update guys. This week, they continue covering the health care town hall yells, while also tackling Ted Kennedy’s legacy. I found myself agreeing with virtually everything in Dunlap’s Kenedy/Washington rant, which is truly scary:

via ProfessorBainbridge.com.

Hapless Definition | Definition of Hapless at Dictionary.com

August 31, 2009

hap⋅less

–adjective

unlucky; luckless; unfortunate.

Related forms:

hap⋅less⋅ly, adverb

hap⋅less⋅ness, noun

Synonyms:

miserable, woebegone, wretched, forlorn; pathetic, pitiable.

via Hapless Definition | Definition of Hapless at Dictionary.com.

Contrite Definition | Definition of Contrition at Dictionary.com

August 30, 2009

con⋅tri⋅tion

–noun

1. sincere penitence or remorse.

2. Theology. sorrow for and detestation of sin with a true purpose of amendment, arising from a love of God for His own perfections (perfect contrition), or from some inferior motive, as fear of divine

Synonyms:

1. compunction, regret.

via Contrition Definition | Definition of Contrition at Dictionary.com.

That judge goes for contrition. I would actually rehearse the witness, it could be the difference between 18 years and life.
Even if he sits here looking contrite…It doesn’t excuse what he did.

Arbitration clause – Wikipedia, the free encyclopedia

August 29, 2009

An arbitration clause is a commonly used clause in a contract that requires the parties to resolve their disputes through an arbitration process. Although such a clause may or may not specify that arbitration occur within a specific jurisdiction, it always binds the parties to a type of resolution outside of the courts, and is therefore considered a kind of forum selection clause.

via Arbitration clause – Wikipedia, the free encyclopedia.

Forum selection clause – Wikipedia, the free encyclopedia

August 29, 2009

A forum selection clause in a contract with a Conflict of Laws element allows the parties to agree that any litigation resulting from that contract will be initiated in a specific forum.

via Forum selection clause – Wikipedia, the free encyclopedia.

Standard form contract – Wikipedia, the free encyclopedia

August 29, 2009

A standard form contract (sometimes referred to as an adhesion contract or boilerplate contract) is a contract between two parties that does not allow for negotiation, i.e. take it or leave it. It is often a contract that is entered into between unequal bargaining partners, such as when an individual is given a contract by the salesperson of a multinational corporation. The consumer is in no position to negotiate the standard terms of such contracts and the company’s representative often does not have the autonomy to do so.

via Standard form contract – Wikipedia, the free encyclopedia.

We discussed form contracts and the troubles they raise in terms of fairness to consumers who lack information and bargaining power.  We also discussed the benefits that consumers enjoy because courts permit businesses to reduce transactions costs by enforcing form contracts.

Common Law vs. Civil law – Wikipedia, the free encyclopedia

August 29, 2009

Common law

refers to law developed by judges through decisions of courts and similar tribunals (called case law), rather than through legislative statutes or executive action, and to corresponding legal systems that rely on precedential case law.

The body of precedent is called “common law” and it binds future decisions. In future cases, when parties disagree on what the law is, an idealized common law court looks to past precedential decisions of relevant courts. If a similar dispute has been resolved in the past, the court is bound to follow the reasoning used in the prior decision (this principle is known as stare decisis). If, however, the court finds that the current dispute is fundamentally distinct from all previous cases (called a “matter of first impression”), judges have the authority and duty to make law by creating precedent,[1] Thereafter, the new decision becomes precedent, and will bind future courts.

In practice, common law systems are considerably more complicated than the idealized system described above. The decisions of a court are binding only in a particular jurisdiction, and even within a given jurisdiction, some courts have more power than others. For example, in most jurisdictions, decisions by appellate courts are binding on lower courts in the same jurisdiction and on future decisions of the same appellate court, but decisions of lower courts are only non-binding persuasive authority. Interactions between common law, constitutional law, statutory law and regulatory law also give rise to considerable complexity. However stare decisis, the principle that similar cases should be decided according to consistent principled rules so that they will reach similar results, lies at the heart of all common law systems.

via Common law – Wikipedia, the free encyclopedia.

Civil law

is a legal system inspired by Roman law, the primary feature of which is that laws are written into a collection, codified, and not determined, as in common law, by judges.[1] The principle of civil law is to provide all citizens with an accessible and written collection of the laws which apply to them and which judges must follow. It is the most prevalent and oldest surviving legal system in the world. The primary source of law is the law code, which is a statute grouping rules and standards concerning a particular subject matter and arranged in classified order

via Civil law (legal system) – Wikipedia, the free encyclopedia.

Chicago Resident Sued Over Twitter Post (scottandscottllp.com)

August 29, 2009

A Chicago resident’s use of Twitter, the online social networking service, has prompted the resident’s former realty management company to file a lawsuit against the resident.

Horizon Group Management LLC (“Horizon”) filed a libel lawsuit Monday, July 27, 2009 against former tenant Amanda Bonnen alleging a Twitter post she “maliciously and wrongfully” published contained false and defamatory information regarding Horizon and her former apartment.

Ms. Bonnen allegedly posted the following message…

(Chicago Resident Sued Over Twitter Post)

Windfall, Economics A-Z | Economist.com

August 29, 2009

Windfall gains

INCOME you do not expect, such as winning a lottery prize. Economists have long argued about whether people are likely to save such windfalls or spend them. According to the PERMANENT INCOME HYPOTHESIS, favoured by most economists, people save the lion’s share of windfall gains. But real life often contradicts this; ask any lottery winner.

Windfall profit

A controversial concept, often used by politicians to justify imposing a TAX on PROFIT that in theory is earned unexpectedly, through circumstances beyond the control of the company concerned, and is thus deemed undeserved and ripe for the taking by the tax authorities. As the profits were neither expected nor a result of the efforts of the firm, taxing them should not harm the firm’s incentives to maximise future profits. The problem comes when greedy politicians start claiming that profits are windfalls when in fact they are deserved and expected. Then taxing them sends a signal to FIRMS that they should not try too hard to make profits, as if they do too well they will not get to keep the profits anyway. If this became widely believed, effort would probably decline and economic GROWTH would be slower.

via Economics A-Z | Economist.com.

Wikipedia