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Legal dictionary
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Res ipsa loquitur

Latin phrase meaning ‘the facts speak for themselves’. It is a doctrine that infers negligence from the very nature of an accident or other outcomes, even without any direct evidence as to how the defendant behaved. Usually, in accident cases, it is necessary to prove the elements of negligence, namely, the duty of care, breach of that duty, causation and injury. Where res ipsa loquitur applies, the duty of care, breach and causation are inferred.
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Pre-emption

To set up a prior claim, or the right to gain an advantage before anyone else.
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Paralegal

A person who is not a qualified or licensed lawyer but has some knowledge that enables such person to assist lawyers in a number of tasks. A paralegal usually acts as an enhancement of a lawyer performing specifically delegated legal work for which a lawyer is ultimately responsible. In order to become a paralegal, it is generally necessary to go through a training and/or take some classes in law. In most jurisdictions, paralegals are not allowed to provide legal services directly to the public on their own and must work under an attorney or law firm.
Questions & Answers
UAE

An employer holds the passport of an employee after accepting his resignation

Q: Can someone here help me, please! My brother is in Dubai and finished his 2yr contract. He doesn`t want to renew anymore so he decided to submit his resignation and stop working. His employer agreed, however, they refused to give him his passport. They also told him that once he gets his passport, he will be arrested as they filed a case against him. In line with this, may I ask anyone`s kind assistance in this matter? My brother needs to work as he doesn`t have a visa and he doesn`t want to return to his old company. Also, I would like to ask if he is entitled to gratuity even if he finished his 2yr contract only? Many thanks in advance!
Questions & Answers
UAE

A tenant refuses to pay the outstanding dues or evict the property

Q: This is specifically related to Ras Al Khaimah. The tenant refuses to pay the rent, has not registered or renewed the expired tenancy, has bounced cheques issued for the annual maintenance charges and refuses to move out. What can be done, please?
Legal blog
Tunisia

طبيعة حالات الطعن بالتعقيب

يقتضي الفصل 175 من مجلة المرافعات المدنية والتجارية التونسية:" يمكن الطعن بالتعقيب في الأحكام النهائية الدرجة وذلك في خصوص الحالات الآتية:..." وقد عدد المشرع سبع حالات يجمع الفقهاء على اندراج جميعها في مفهوم خرق القانون، ولكن أثير التساؤل عن طبيعتها، فهل جاءت على سبيل الذكر أم وردت على وجه الحصر؟
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UAE

What to do if the grocery asks you to pay penalty for item you forgot to pay for?

Q: I drank a soft drink of 3 dirhams from a grocery shop and forgot to pay at that time. And after going 5 times and shopping with them, I had also forgotten that. Now, while shopping the sixth time, they informed me that it was in their CCTV footage so I said ok, take it now but instead of that, they forced me to pay a penalty of 500 dirhams.
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Chattel

Moveable or personal property that is capable of being owned, or any property that is not land.
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UAE

Splitting joint property and choosing the law in a couple divorce from different religions

Q: My friend is a Hindu and is looking to divorce her husband who is a Muslim. Will the Sharia Law apply in this case? They have been separated for 2 years. They have a house together with a 50-50 share. Will she get any alimony? She is at fault because she sent inappropriate texts to someone and her husband found out. Could you please advise?
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Conveyance

The transfer of property rights in land from one person to another or an instrument used to transfer title to property.
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Repudiatory breach

A breach of contract that is so fundamental that it permits the injured party to terminate the performance of the contract, in addition to entitling that party to sue for damages.
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Ijara

An Arabic word meaning rent. It is a sharia-compliant form of mortgage similar to rent to own, or rent with acquisition.
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Jordan

تسجيل تطبيقات الهاتف التجارية

س: تسجيل تطبيقات الهاتف التجارية. ما الإجراء والتراخيص المطلوبة لتسجيل شركة بالأردن نوع عملها يكون عن طريق تطبيقات الهاتف والذي يتضمن البيع عن طريق الفيزا أو الماستر كارد.
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Jordan

تسوية قضية قرض بنكي من الخارج

س: السلام عليكم، أنا مقيمة في كندا وهنالك طلب بحقي في الأردن يتعلق بالجلب ومنع السفر بسبب قضية قرض بنكي. أحاول الآن الحصول على عدم محكومية. المشكلة أنني لا أمتلك وكالة عامة لأحد في الأردن وأحاول الحصول على عدم المحكومية بأسرع وقت. ماذا يمكنني أن أفعل؟ وهل يوجد أي حل لهذه المشكلة؟ القضية على ما أعتقد في حدود 22 ألف دينار. أستطيع دفع ألفين حاليًا والمتابعة بدفع 300 دينار شهريًا. هل يمكن أن تُحلَّ هكذا؟ شكرًا جزيلاً!
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Trespass

Is made up of three separate groups; trespass to land, trespass to the person and trespass to chattels. Trespass to land is generally the tort most commonly associated with the term. It takes the form of wrongful interference with another’s possessory rights in real property. Trespass to the person can be an assault (any act of such a nature as to excite the apprehension of battery); battery (any intentional and unpermitted contact with a person) and false imprisonment (the unlawful obstruction or deprivation of freedom of movement). Trespass to chattels is an intentional interference with the possession of personal property.
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Gentleman’s agreement

An informal and legally non-binding agreement between two or more parties. It is typically made orally, though it may be written, or simply understood as part of an unspoken agreement by convention or through mutually beneficial etiquette. The essence of a gentleman’s agreement is that it relies upon the honour of the parties for its fulfilment, rather than in any way being enforceable. It is, therefore, distinct from a legal agreement or contract, which can be enforced if necessary.