Legal Research

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  • Topic: Law, Civil procedure, Common law
  • Pages : 51 (12000 words )
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  • Published : September 9, 2012
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PROJECT
ON
LEGAL RESEARCH

Submitted by:

ANDREW T. GARCIA
LLB 1-2

LEGAL DOCTRINES

I. CIVIL LAW

1. Doctrine of Relations

That principle of law by which an act done at one time is considered by a fiction of law to have been done at some antecedent period. It is a doctrine which, although of equitable origin, has a well-recognized application to proceedings at law; a legal fiction invented to promote the ends of justice or to prevent injustice end the occurrence of injuries where otherwise there would be no remedy. The doctrine, when invoked, must have connection with actual fact, must be based on some antecedent lawful rights. It has also been referred to as "the doctrine of relation back”.

2. Operative Fact Doctrine

Under the operative fact doctrine, the law is recognized as unconstitutional but the effects of the unconstitutional law, prior to its declaration of nullity, may be left undisturbed as a matter of equity and fair play. In fact, the invocation of the operative fact doctrine is an admission that the law is unconstitutional.

3. Doctrine of Lex Loci Rei Sitae

The lex loci rei sitae (Latin: law of the place where the property is situated) is a doctrine which states that the law governing the transfer of title to property is dependent upon, and varies with, the location of the property for the purposes of the conflict of laws. Conflict is the branch of public law regulating all lawsuits involving a "foreign" law element where a difference in result will occur depending on which laws are applied.

4. Doctrine of Lex Loci Celebrationis

Under this doctrine, the law of the place where a contract, specially a marriage, was made or celebrated, governs.

5. Doctrine of Lex Loci Delicti Commissi

The lex loci delicti commissi is the Latin term for "law of the place where the delict (tort) was committed” in the conflict of laws. Conflict of laws is the branch of law regulating all lawsuits involving a "foreign" law element where a difference in result will occur depending on which laws are applied. The term is often shortened to lex loci delicti.

6. Doctrine of Stare Decisis

Stare Decisis is a legal principle by which judges are obliged to respect the precedents established by prior decisions. The words originate from the phrasing of the principle in the Latin maxim Stare decisis et non quieta movere: "to stand by decisions and not disturb the undisturbed.” In a legal context, this is understood to mean that courts should generally abide by precedents and not disturb settled matters.

7. Merger Doctrine

Historically, the merger doctrine (a.k.a. "doctrine of merger") was the notion that marriage caused a woman's legal identity to merge with that of her husband. Thus, a woman could not sue or testify against her husband any more than he could sue or testify against himself. Since her identity had merged with his, the two were now considered one legal entity.

8. Doctrine of Finality of Judgment

The doctrine of finality of judgment is grounded on fundamental considerations of public policy and sound practice, and that, at the risk of occasional errors, the judgments or orders of courts must become final at some definite time fixed by law; otherwise, there would be no end to litigations, thus setting to naught the main role of courts of justice which is to assist in the enforcement of the rule of law and the maintenance of peace and order by settling justiciable controversies with finality.

9. Doctrine of Reformation of Instruments

Reformation of an instrument is that remedy in equity by means of which a written instrument is made or construed so as to express or conform to the real intention of the parties when some error or mistake has been committed. It is predicated on the equitable maxim that equity treats as done that which ought to be done. The rationale of the doctrine is that it would be unjust and unequitable to allow the...
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