Answering the ultimate legal question

The chief object for which insurance offices exist is to pay claims; but before any claim can be paid, the question arises—who is the proper person to receive the payment ? If any mistake be made in this, the office may find itself involved in troublesome and expensive legal proceedings, and be compelled to pay the claim twice over. This consideration shows the necessity of insurance officials having some knowledge of law, as it is almost impracticable for them to refer every legal question to their solicitors; and my present object is to draw attention to some of the elementary points which arise in the ordinary course of our business. On the shelves of the library there are to be found papers by Mr. Barrand, Mr. Warren Crosbie, and Mr. Hayter, which should be studied carefully (in addition to the text books) by every one desirous of qualifying himself for a position of responsibility in the claims or law department of his office; but these papers do not exhaust the subject, and I do not propose to allude to the points discussed therein, except in the cases where some further explanation seems desirable or where there has been an alteration in the law or in the practice of the offices.

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Potential of ontology for interoperability in e-government

Brazilian Journal of Information Science ◽

10.36311/1981-1640.2016.v10n2.06.p47 ◽

2016 ◽

Vol 10 (2) ◽

Author(s):

Edilson Ferneda ◽

Fernando William Cruz ◽

Hércules Antonio Do Prado ◽

Renato da Veiga Guadagnin ◽

Laurindo Campos Dos Santos ◽

...

Keyword(s):

European Union ◽

Electronic Government ◽

Practical Solution ◽

Semantic Level ◽

Legal Question ◽

Task Time ◽

Efficient Mechanisms ◽

Different Levels ◽

Over Time ◽

Legal Meaning

Interoperability is one of the fundamental requirements to enable electronic government. Its implementation can be classified into technical, syntactic, semantic, and organizational levels. At the semantic level, ontology is regarded as a practical solution to be considered. In this context, its adoption was identified in several countries, with different levels of maturity and so many focuses as the specific implementations. One of the main challenges to be overcome is the legal question that refers to the legislation to assure “the preservation of the legal meaning of data”. The lack of efficient mechanisms to support the deployment and use of ontologies can turn the overall task time-expensive, restricted in scope, or even unfeasible. Additionally, many initiatives are recent and need to be validated over time. This paper presents a non-exhaustive survey of the state of interoperability in e-government from the perspective of ontologies' use. The cases of Palestine, European Union, Netherlands, Estonia, and Brazil are discussed.

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The Religious Perspective of the Judge's Role in Talmudic Law

Journal of Law and Religion ◽

10.1017/s0748081400001181 ◽

2009 ◽

Vol 25 (2) ◽

pp. 357-377 ◽

Cited By ~ 3

Author(s):

Yuval Sinai

Keyword(s):

Common Good ◽

Civil Law ◽

Jewish Law ◽

Religious Perspective ◽

Intended Application ◽

Legal Question ◽

The Common Good ◽

Human Conduct ◽

The Common ◽

Western Law

Unlike modern Western law, which is generally assumed to be the product of human deliberation about the common good, at least in democratic countries, Jewish law is a normative system in which adjudication is subject to religious commandments. The judge bears responsibility not only to the litigants standing before him but also to God, an allegiance which most modern Western judges do not, at least explicitly, recognize.Because of the systems' assumptions that law is made by humans and thus can be understood by human judges given the appropriate information, modern Western legal systems infer that judges are under obligation to render a decision on any legal question brought before them, even in doubtful cases. Secular-civil law views the resolution of a dispute as preferable to its non-resolution, even if the judge has reservations about his decision. The judge who is hesitant to decide a case is considered to have failed to properly discharge his judicial role, the very essence of which is the regulation of human conduct in one form or other. The obligation of the judge to render a decision on every legal question both implies and requires that a judge exercise creative discretion in at least some cases where the law or its intended application are not clear to ensure the rendering of a clear and unequivocal decision on any legal question brought before him. As a consequence of this unequivocal demand that the judge decide, most judges must make peace with the possibility that their rulings may later be discovered or determined to have been mistaken.

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Avoiding Expert Opinions on the Ultimate Legal Question: The Case for Integrity

Journal of Forensic Psychology Practice ◽

10.1300/j158v03n03_05 ◽

2003 ◽

Vol 3 (3) ◽

pp. 77-87 ◽

Cited By ~ 12

Author(s):

Chad Tillbrook ◽

Denise Mumley ◽

Thomas Grisso

Keyword(s):

Legal Question ◽

Expert Opinions

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10. Easements and Profits

Concentrate Questions and Answers Land Law ◽

10.1093/he/9780198853206.003.0010 ◽

2020 ◽

pp. 161-181

Author(s):

Rosalind Malcolm

Keyword(s):

Legal Question ◽

Questions And Answers ◽

The Creation

The Concentrate Questions and Answers series offers the best preparation for tackling exam questions. Each book includes typical questions, bullet-pointed answer plans and suggested answers, author commentary, and illustrative diagrams and flowcharts. This chapter looks at easements and profits considering in particular: types of easement (eg express and implied easements); the nature of an easement; the creation of easements; and other rights, such as profits à prendre. The question of whether the categories of easement can be extended is a popular debate, and the quotation ‘the categories of easements are not frozen’reflects this. Modern useages may be highly relevant in the determination of this legal question.

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