Tag: Legal Terms

A B C D E F G H I J K L M N O P R S T U

Natural justice

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Natural justice: The requirement for application of the tenets audi alteram partem (hear the other side) and nemo judex in causa sua (no-one may be a judge in his own case). The principles of natural justice were derived from the Romans, who believed that some legal principles were natural or self-evident and did not need a statutory basis.


Natural person

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Natural person: Human being with legal and Constitutional rights and duties, including the right to life, right to information, right to travel, right to a good name, right to earn a living, right to sue and be sued, to sign contracts, to receive gifts and to appear in court either by himself or through a lawyer. Individuals are persons in law unless they are minors or under some other type of incapacity, such as a court finding of mental incapacity. Contrast with a company, which is a legal person.


Negligence

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Negligence: Carelessness. A person who owes a duty of care to someone else and breaches it by lack of reasonable care may be liable in damages for negligence. The negligence may involve a positive deed or a failure to act. If no damage results, there can be no action. The standard of care required is usually that of the reasonable man, but a person who claims to have special skills (such as a surgeon) owes a higher duty of care.


Nemo judex in sua causa

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Nemo judex in sua causa: (Latin: nobody may be a judge in his own case) Principle of natural justice. A judge must be seen to be free of bias and may not have any interest – personal, pecuniary or otherwise – in a case he is deciding. Also referred to as nemo debet esse judex in propria causa.


Next of kin

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Next of kin: Person”s nearest blood relation. The expression has come to describe those persons most closely related to a dead person and therefore due to inherit his property if there is no will.


Non-joinder

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Non-joinder: If a person who should have been a party to legal proceedings has been omitted, the court may amend the pleadings to include the non-joined party.