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judicial control

judicial control. Civil law. A doctrine by which a court can deny cancellation of a lease if the lessee’s breach is of minor importance, is not caused by the lessee, or is based on a good-faith mistake of fact. [Cases: Landlord and Tenant 34(1). C.J.S. Landlord and Tenant § 230(4).]

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declaration of paris

Declaration of Paris. An international agreement, signed by Great Britain, France, Turkey, Sardinia, Austria, Prussia, and Russia in 1856 (at the end of the Crimean War), providing that (1) privateering is illegal, (2) with the exception of contraband, a neutral flag covers an enemy’s goods, (3) with the exception of contraband, neutral goods cannot be

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freedom of contract

freedom of contract. The doctrine that people have the right to bind themselves legally; a judicial concept that contracts are based on mutual agreement and free choice, and thus should not be hampered by external control such as governmental interference. • This is the principle that people are able to fashion their relations by private

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rule of inconvenience

rule of inconvenience. The principle of statutory interpretation holding that a court should not construe a statute in a way that will jeopardize an important public interest or produce a serious hardship for anyone, unless that interpretation is unavoidable. — Often shortened to inconvenience. [Cases: Statutes 181(2). C.J.S. Statutes § 318.]

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manufacturing clause

manufacturing clause. Hist. 1. A component of the Copyright Act of 1976 prohibiting imports of more than 2,000 copies of a nondramatic English-language literary work by an American author, unless the material was manufactured in Canada or the U.S. • The manufacturing clause expired in 1986. 2. A component of the Copyright Act of 1909

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legal memory

legal memory. The period during which a legal right or custom can be determined or established. • Traditionally, common-law legal memory began in the year 1189, but in 1540 it became a steadily moving period of 60 years. Cf. TIME IMMEMORIAL(1). “Because of the importance to feudal landholders of seisin and of real property in

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