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Positive covenant

A positive covenant is a kind of agreement relating to land, where the covenant requires positive expenditure by the person bound, in order to fulfil its terms.

Positive obligations

Positive obligations in human rights law denote a States obligation to engage in an activity to secure the effective enjoyment of a fundamental right, as opposed to the classical negative obligation to merely abstain from human rights violations. ...

Postliminium

The principle of postliminium, as a part of public international law, is a specific version of the maxim ex injuria jus non oritur, providing for the invalidity of all illegitimate acts that an occupant may have performed on a given territory aft ...

Poverty law

Harvard Law defines poverty law as, "the legal statutes, regulations and cases that apply particularly to the financially poor in his or her day to day life". In a commonsense understanding and in practice, the goal of poverty law is to protect t ...

Predatory marriage

Predatory marriage is the practice of marrying an elderly person exclusively for the purpose of gaining access to their estate upon their death. While the requirements for mental capacity to make a valid will are high, in most jurisdictions the r ...

Prediction theory of law

The prediction theory of law was a key component of the Oliver Wendell Holmes jurisprudential philosophy. At its most basic, the theory is an attempted refutation of most previous definitions of the law. Holmes believed that the law should be def ...

Preferred charge

A preferred charge is an interim step in the United States military justice system. According to Jonathon Turley, a law professor at George Washington University, testifying before the Senate Intelligence Committee, the US military justice system ...

Prepared testimony

Prepared testimony is a form of testimony which is prepared ahead of time, and is then presented verbally or in writing. It is attested as true by the author, or given under oath. Typically it is given to a large body or organization. Questions m ...

Prerogative court

A prerogative court is a court through which the discretionary powers, privileges, and legal immunities reserved to the sovereign were exercised. In England in the 17th century a clash developed between these courts, representing the crowns autho ...

Present sense impression

A present sense impression, in the law of evidence, is a statement made by a person that conveys his or her sense of the state of an event or the condition of something. The statement must be spontaneously made while the person was perceiving the ...

Presumption of legitimacy

The presumption of legitimacy is a common law rule of evidence that states that a child born within the subsistence of a marriage is deemed to be the child of the husband.

Presumption of paternity

Presumption of paternity in paternity law and common law is the legal determination that a man is "presumed to be" a childs biological father without additional supportive evidence, usually as a result of marriage.

Presumption of sanity

The Presumption of Sanity is a legal presumption. Its effect is that a person who faces criminal trial is presumed sane until the opposite is proved. Similarly, a person is presumed to have testamentary capacity until there is evidence to undermi ...

Prevention of Crime Act 1959

The Prevention of Crime Act 1959 is a Malaysian law which enacted to deal with crime prevention and for the control of criminals, members of secret societies, terrorists and other undesirable persons. Persons detained under the Act were not precl ...

Primary physical custody

Primary physical custody is a term that is often used in child custody orders to denote the parent with whom a child spends or lives the majority of the time with. It is a term that is often used in cases where one parent has more time with his/h ...

Primary residence

A persons primary residence, or main residence is the dwelling where they usually live, typically a house or an apartment. A person can only have one primary residence at any given time, though they may share the residence with other people. A pr ...

Principle of conferral

The principle of conferral is a fundamental principle of European Union law. According to this principle, the EU is a union of member states, and all its competences are voluntarily conferred on it by its member states. The EU has no competences ...

Principle of disclosure

The principle of disclosure is a concept in common law that guarantees that in a legal case, the prosecution will provide the defence with all information and evidence pertaining to the charges set out. Not all jurisdictions current accept the pr ...

Principle of Ubiquity

In German criminal code, Principle of Ubiquity, states that the crime is considered to have occurred in the place of the action of the perpetrator or in the place where the harm occurred. Its parallel in the United States law is the combination o ...

Prior consistent statements and prior inconsistent statements

Prior consistent statements and prior inconsistent statements, in the law of evidence, occur where a witness, testifying at trial, makes a statement that is either consistent or inconsistent, respectively, with a previous statement given at an ea ...

Private benefits of control

Private benefits of control is a technical term used by corporate lawyers and economists. It refers to the economic gain from exerting influence on a company by large shareholders at the expense of small shareholders.

Privilege log

A privilege log is a document that describes documents or other items withheld from production in a civil lawsuit under a claim that the documents are "privileged" from disclosure due to the attorney–client privilege, work product doctrine, joint ...

Prize court

A prize court is a court authorized to consider whether prizes have been lawfully captured, typically whether a ship has been lawfully captured or seized in time of war or under the terms of the seizing ships letters of marque and reprisal. A pri ...

Pro se clerk

A pro se clerk is a clerk of the court, employed by the court and found in the courthouse. This clerk assists people appearing pro se to participate in legal actions by providing forms which need to be filled out and explaining some basic rules. ...

Procedural due process

Procedural due process is a legal doctrine in the United States that requires government officials to follow fair procedures before depriving a person of life, liberty, or property. When the government seeks to deprive a person of one of those in ...

Proof of insurance

Proof of insurance is any type of documentation that a person can provide to another individual proving that the person has valid insurance with an insurance company. The most common form of a POI is a paper card provided by the insurance company ...

Propination laws

Propination laws were a privilege granted to Polish szlachta that gave landowners a monopoly over profits from alcohol consumed by their peasants. In many cases, profits from propination exceeded those from agricultural production or other source ...

Prosecution association

A prosecution association was an organization of citizens, typically in the same community, who paid dues to cover one anothers costs of privately prosecuting offenders should a crime be committed against them. These were particularly popular in ...

Provision (contracting)

In United States government contracting, a provision or solicitation provision is a written term or condition used in a solicitation. A provision applies only before a contract is awarded to a vendor. This distinguishes provisions from clauses, w ...

Provisional application (treaty)

The provisional application of a treaty is a specific situation where a treaty or a part of a treaty is applied provisionally pending its entry into force. Article 25 of the Vienna Convention on the Law of Treaties provides that this may be the c ...

Public Access Scheme

The Public Access Scheme allows members of the public in England & Wales to instruct a barrister directly. In the past, it was necessary for clients to use a solicitor or other third party in order to instruct a barrister.

Public auction

A public auction is an auction held on behalf of a government in which the property to be auctioned is either property owned by the government, or property which is sold under the authority of a court of law or a government agency with similar au ...

Public benefit organization

"Public benefit organization" Polish: organizacja pozytku publicznego, often abbreviated OPP is a term used in Polish law, introduced on 1 January 2004 by the statute on public good activity and volunteering. Charitable organizations of public go ...

Public bill

In the legislative process, a public bill is a bill which proposes a law of general application throughout the jurisdiction in which it is proposed, and which if enacted will hence become a public law or public act. The term "public bill" differe ...

Public Domain Mark

Public Domain Mark is a symbol used to indicate that a work is free of known copyright restrictions and therefore in the public domain. It is analogous to the copyright symbol, which is commonly used to indicate that a work is copyrighted, often ...

Public execution

A public execution is a form of capital punishment which "members of the general public may voluntarily attend." This definition excludes the presence of a small number of witnesses randomly selected to assure executive accountability. While toda ...

Public information licence

The freely reusable public information licence is a public copyright license, created 2 April 2010, that permits the free and open reuse, commercially or not, of information released by a French public institution, on condition of respecting arti ...

Public Interest Disclosure Act

Public Interest Disclosure Act is a stock short title used in the United Kingdom and several Australian jurisdictions for legislation that is intended to protect whistleblowers:

Public interest privilege

Under common law, public-interest privilege prevents the compulsory disclosure of documents or information which is against the public interest. There is a balance between public interests- if the public interest in secrecy is greater than the pu ...

Public property

Public property is property that is dedicated to public use and is a subset of state property. The term may be used either to describe the use to which the property is put, or to describe the character of its ownership. This is in contrast to pri ...

Public use

Public use is a legal requirement under the Takings Clause of the Fifth Amendment of the U.S. Constitution, that owners of property seized by eminent domain for "public use" be paid "just compensation." The distinction between public use and publ ...

Puisne judge

A puisne judge or puisne justice is a dated term for an ordinary judge or a judge of lesser rank of a particular court. The term is used almost exclusively in common law jurisdictions: the jurisdiction of England and Wales within the United Kingd ...

Pur autre vie

In property law of countries with a common law background, including the United States and some Canadian provinces, pur autre vie is a duration of a proprietary freehold interest in the form of a variant of a life estate. While it is similar to a ...

Pyramiding (tax evasion)

Pyramiding is a practice in which an employer that withholds payroll taxes from its employees intentionally fails to remit those withholdings to the taxing authority. Businesses that engage in pyramiding often file for bankruptcy to discharge the ...

R v Secretary of State for Foreign and Commonwealth Affairs, ex p Rees-Mogg

R v Secretary of State for Foreign and Commonwealth Affairs, ex p Rees-Mogg was an English legal case in which Times journalist and life peer William Rees-Mogg, challenged the legality of the Maastricht Treaty by judicial review. The case was bas ...

R v Secretary of State for the Home Department, ex parte Fire Brigades Union

R v Secretary of State for the Home Department ex parte Fire Brigades Union UKHL 3 was a House of Lords case concerning the awarding of compensation under the Criminal Injuries Compensation Scheme. The case is considered significant in constituti ...

Race to the courthouse

Race to the courthouse is an informal name used to describe the rule in some jurisdictions that the first conveyance instrument, mortgage, lien or judgment to be filed with the appropriate recorders office, will have priority and prevail over doc ...

Re-importation

Re-importation or reimportation is the importation of goods into a country which had previously been exported from that country. A number of legal issues arise with the re-importation of goods, particularly where the goods were not designed for s ...

Rebuttal

In law, rebuttal is a form of evidence that is presented to contradict or nullify other evidence that has been presented by an adverse party. By analogy the same term is used in politics and public affairs to refer to the informal process by whic ...

Reciprocal obligation

In law, a reciprocal obligation, also known as a reciprocal agreement is a duty owed by one individual to another and vice versa. It is a type of agreement that bears upon or binds two parties in an equal manner.

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