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Collateral fact doctrine information


The collateral fact doctrine is a doctrine in English law asserted by Diplock LJ in Anisminic Ltd v Foreign Compensation Commission. It asserts that in judicial review cases a distinction can be made between misconstruction of an enabling statute for the kind of case meant to be dealt which is a jurisdictional error and a misconstruction of the statutory description of the situation which would be an error within jurisdiction.[1] Craig has argued that this distinction is impossible to draw.

  1. ^ http://www.studentlawjournal.com/articles/2005/ugrad/judreviewdw.pdf [bare URL PDF]

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Collateral fact doctrine

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The collateral fact doctrine is a doctrine in English law asserted by Diplock LJ in Anisminic Ltd v Foreign Compensation Commission. It asserts that in...

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Collateral estoppel

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Collateral estoppel (CE), known in modern terminology as issue preclusion, is a common law estoppel doctrine that prevents a person from relitigating an...

Word Count : 1860

Anisminic Ltd v Foreign Compensation Commission

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House of Lords in English administrative law. It established the "collateral fact doctrine", which states that any error of law made by a public body will...

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Collateral damage

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Collateral damage is any incidental and undesired death, injury or other damage inflicted, especially on civilians, as the result of an activity. Originally...

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Doctrine for Joint Nuclear Operations

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being revised to be consistent with the Bush doctrine of preemptive attack. The label "Joint" refers to the fact that it was endorsed by the five service...

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Ineffective assistance of counsel

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assistance claims are generally preferred on collateral habeas review rather than direct appeal, so that additional fact-finding can be performed. The failure...

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Res judicata

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courts have traditionally adhered to the related doctrines of res judicata (claim preclusion) and collateral estoppel (issue preclusion). Under res judicata...

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Clean hands

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Clean hands, sometimes called the clean hands doctrine, unclean hands doctrine, or dirty hands doctrine, is an equitable defense in which the defendant...

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Collateral contract

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A collateral contract is usually a single term contract, made in consideration of the party for whose benefit the contract operates agreeing to enter into...

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Privity of contract

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The doctrine of privity of contract is a common law principle which provides that a contract cannot confer rights or impose obligations upon anyone who...

Word Count : 1970

Precedent

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tribunal when deciding subsequent cases with similar legal issues or facts. The legal doctrine stating that courts should follow precedent is called stare decisis...

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Consideration

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offer consideration before a contract can be thought of as binding. The doctrine of consideration is irrelevant in many jurisdictions, although contemporary...

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Direct estoppel

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issue. Collateral Estoppel Collateral estoppel is a doctrine that precludes a party from bringing an issue if a determination of law or fact was already...

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Mootness

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based entirely on anticipated disputes or hypothetical facts. These rules and similar doctrines, taken together, prevent the federal courts of the United...

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1969 in the United Kingdom

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House of Lords establishes in English administrative law the "collateral fact doctrine", that any error of law made by a public body will make its decision...

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Double Jeopardy Clause

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trial, and that subsequently has been reversed on appeal or vacated in a collateral proceeding (such as habeas corpus) would not violate double jeopardy,...

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Estoppel

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Estoppel may prevent someone from bringing a particular claim. Legal doctrines of estoppel are based in both common law and equity. Estoppel is also...

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Liquidated damages

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first party or a benefit to the second party by a secondary stipulation collateral to the primary stipulation (i.e. it does not have to be a breach). In...

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Unconscionability

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(sometimes known as unconscionable dealing/conduct in Australia) is a doctrine in contract law that describes terms that are so extremely unjust, or overwhelmingly...

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Parol evidence rule

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added to avoid taxes. To prove that the term or promise is part of a collateral contract. To aid in the interpretation of existing terms. To resolve ambiguity...

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Offer and acceptance

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that many contracts are not in fact formed by offer and acceptance, and they have critiqued and reanalyzed the doctrine. 1911 Encyclopædia Britannica definition...

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Financial law

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utility of collateral. In Europe, two regimes of collateral carve-outs exist; the Financial Collateral Directive, and the Financial Collateral Arrangement...

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Void contract

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there is no contractual capacity, the contract can be deemed as void. In fact, void means that a contract does not exist at all. The law can not enforce...

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