A Legal Problem Meaning
A legal issue is something that happens that has legal implications and may need the help of a lawyer to clarify it. It is a question or problem that the law answers or is resolved. Sometimes it is not obvious that an issue will affect the law, such as an unexpected illness that can lead to legal questions about employment, mortgages or insurance. The list of questions is the list of questions that the parties ask the court to answer. Court responses must generally be submitted by a legally acceptable date, and the court must give reasons if it decides not to respond to any of them. Plaintiffs and defendants sometimes do not present their questions in accordance with these due process of law. It is then the court that must rule on the probable factual allegations and assume what requires legal responses. PROBLEM, related. This term, in its broadest sense, has a very broad meaning and includes all people descended from a common ancestor. 17 Ves. 481; 19.
Ves. 547; 3 Ves. 257; 1 Rop. Step 88 and see Wilmot`s Notes, 314, 321. But when this word is used in a will to put the testator`s intention into action, it is interpreted in a narrower sense than it conveys its legal meaning. 7 Ves. 522; 19 Ves. 73; 1 Rop. Step 90. Empty Tray. From.
Curtesy of England, D; 8 Com. Dig. 473; and article Legatees, II. § 4. The term problem is often found in the provisions of a document. In testamentary matters, the meaning of the question derives from the intention of the testator, a testament builder. The intention results from the provisions of the will. PROBLEM, advocacy. A question is defined in the brief as a single, secure and essential point that emerges from the claims of the parties and is regularly composed of a positive point and a negative point. In everyday language, exit also means entering into pleadings. 1 chit. P.
630.2. Questions are essential if they are properly formed on an essential point that decides the issue between the parties; and intangible if they are based on an intangible fact which, although concluded by the judgment, will not determine the merits of the case and would leave the court perplexed as to how to render a judgment. 2 hours. 319, no. 6.3. Facts are also divided into legal issues and facts. 1. A question of law recognizes all the facts and is simply based on a question of law. It is said that this is a single point, but it must be understood that such a question necessarily involves only one rule or principle of law, or that it calls into question the legal sufficiency of a single fact.
This means that such a question reduces all the controversy to the sole question of whether the facts established by the case are legally sufficient to support the prosecution or defense of the party who claimed it. 2. A question is indeed a question on which the parties disagree on their existence, one confirming their existence and the other denying it. According to the common law, any matter must consist of a direct positive claim on the one hand and a direct negative claim on the other, subject to certain exceptions mentioned below. Co. Litt. 126, s; Ferry. From. Advocacy, &c. G 1; 5 Animals 149; 2 Black.
R. 1312; 8 R. T. 278. But it was certain that when the defendant claimed to have been born in France, and the plaintiff replied that he was born in England, that was enough to form a good deal. 1 Wils. 6; 2 St. 1177 In this case, it should be noted, there were two statements, and the reason the subject was considered good is that the second yes is so opposed to the first that the first cannot be true to any extent. The above exceptions to the rule that a direct yes and a direct negative are required are as follows: 1. The general question about a legal decision consists of two affirmatives: the applicant, on the one hand, claims that he has a right superior to that of the tenant; and, on the other hand, that the tenant has a greater right than the customer.
This problem is called staging. (Q. V.) Lawes, Pl. 232; 3 chit. Pl. 652: 3 bl. Com. 195, 305. 2d. In a dowry action, the court simply requires that the third part of the acres of land &c. as a dowry of the applicant for the gift of A B, previously the husband, &c., and the general issue is that A B was not seized of such an estate, &c., and that it could not grant to the plaintiff, &c. 2 Saund.
329, 330. This kind of negation, rather than being direct, is only argumentative, and argumentativity is generally not allowed to plead. 4. The problems are divided into general questions, specific questions and common themes. 5. The general question directly rejects the whole explanation; as in the case of personal actions in which the defendant pleads at zero debit that he owes nothing to the plaintiff; or not guilty of not being guilty of the facts alleged in the statement; or in actual acts in which the defendant does not claim tort, has not committed any harm or has committed a zero disseminatin, no disseminator. These pleas and the like are qualified as general questions because, by importing an absolute and general rejection of all the elements alleged in the declaration, they immediately call them all into question. 6. In the past, the general issue was rarely raised unless the defendant wanted to dismiss the charge of which he was accused in its entirety, because when he wanted to avoid and justify the accusation, it was customary for him to present the particular reason for his defence as a specific means that seemed necessary to convince the court and the plaintiff of the nature and particular circumstances of the defendant`s case.
and was originally intended to separate the law and the fact. And even now, it is an immutable rule that any defense that cannot be specifically advanced can be presented as probative value at the main hearing on the general issue, so that in many cases the defendant is obliged to make special references to the particular circumstances of his defense and cannot present them to that general objection. However, given that the science of special pleading has often been perverted for the purpose of harassment and delay, in some and other cases, Parliament has allowed the general issue to be raised and a particular issue to be testified at trial under it, which immediately reveals the facts, fairness and the law of the case. 3 Bl. Com. 305, 6; 3 Green. Ev. § 9.
7. The special edition exists when the defendant opposes only a substantial part of the statement and weighs the weight of his case accordingly; It should then deal with a special edition, as opposed to the general question, which denies and questions the entire declaration. Com. Dig. Pleader, R 1, 2. 8. The common problem is the name given to what is formed on the sole plea of the no is factum when an act of the covenant is broken. This is so called because there can rightly be no general question for a broken act of the covenant, since the plea of the no is fadum, which denies only the act and not the violation, does not call into question the whole explanation.