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Legal Dictionary N
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Nation :
A group or race of people that share history, traditions and
culture. The United Kingdom is comprised of four nations or national
groups: the English, Scots, Irish and Welsh. Canada includes
French-Canadians, English-Canadians and a number of aboriginal nations.
Thus, states may be comprised of one or several nations. It is common
English to use the word "nation" when referring to what is known in law
as "states." National treatment : A tenet of international trade
agreements whereby nations must afford imported goods the same treatment
that they afford domestic or "national" products (no discrimination).
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Naturalization
To confer the rights of a national, to admit to citizenship, to
become established as if native.
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Natural justice :
A word used to refer to situations where audi alteram partem (the
right to be heard) and nemo judex in parte sua (no person may judge
their own case) apply. The principles of natural justice were derived
from the Romans who believed that some legal principles were "natural"
or self-evident and did not require a statutory basis. These two basic
legal safeguards govern all decisions by judges or government officials
when they take quasi-judicial or judicial decisions.
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NCND Agreement :
An international trade instrument; "non circumvention/non disclosure
agreement" used in the preliminary stages of a business transaction
where the Seller and Buyer do not know each other, but are brought into
contact with each other by one or more intermediaries (also known as
brokers or middlemen), to fulfill the transaction. Non Circumvention/Non
Disclosure Agreements ensure that the intermediaries in the transaction
are not cicumvented and excluded from the transaction by the Buyer
and/or Seller and/or the other intermediaries. Many trade transactions
are chain-like. Product flows like this:
seller-broker-broker-broker-buyer. The brokers in the middle use NCNDs
to ensure that they are not circumvented by anyone else in the chain;
also, to ensure that information on the other parties in the chain is
not disclosed to outside parties. They are valid for a specified term;
usually two years.
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Negligence :
Not only are people responsible for the intentional harm they cause,
but their failure to act as a reasonable person would be expected to act
in similar circumstances (i.e. "negligence") will also give rise to
compensation. Negligence, if it causes injury to another, can give rise
to a liability suit under tort. Negligence is always assessed having
regards to the circumstances and to the standard of care which would
reasonably be expected of a person in similar circumstances. Everybody
has a duty to ensure that their actions do not cause harm to others.
Between negligence and the intentional act there lies yet another, more
serious type of negligence which is called gross negligence. Gross
negligence is any action or an omission in reckless disregard of the
consequences to the safety or property of another. See also contributory
negligence and comparative negligence.
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Negotiate :
To communicate on a matter of disagreement between two parties, with
a view to first listen to the other party's perspective and to then
attempt to arrive at a resolution by consensus.
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Nemo judex in parte sua :
Latin and a fundamental principle of natural justice which states
that no person can judge a case in which he or she is party. May also be
called nemo judex in sua causa or nemo debet esse judex in propria
causa.
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Next of kin :
The nearest blood relative of a deceased. The expression has come to
describe those persons most related to a dead person and therefore set
to inherit the decesased's property.
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Nolo contendere :
Latin for "I will not defend it." Used primarily in criminal
proceedings whereby the defendant declines to refute the evidence of the
prosecution. In some jurisdictions, this response by the defendant has
same effect as a plea of guilty.
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Non est factum :
Latin for "not his deed" and a special defense in contract law to
allow a person to avoid having to respect a contract that she or he
signed because of certain reasons such as a mistake as to the kind of
contract. For example, a person who signs away the deed to a house,
thinking that the document signed was only a guarantee for another
person's debt, might be able to plead non est factum in a court and on
that basis get the court to void the contract.
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Nonfeasance :
Not doing something that a person should be doing. Compare with
malfeasance and misfeasance.
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Non-joinder :
When a person who should have been made a party to a legal
proceedings has been forgotten or omitted. This is usually addressed by
asking the court to amend documents and including the forgotten party to
the proceedings. It is the opposite of mis-joinder.
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Notary :
Also known as "notary public": a legal officer with specific
judicial authority to attest to legal documents usually with an official
seal. Most countries do not have notaries vesting administrative legal
authority in lawyers or court officers. Jurisdictions which do have
notaries include the Canadian provinces of Quebec and British Columbia
and Australia.
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Notwithstanding :
In spite of, even if, without regard to or impediment by other
things.
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Novation :
Substitute a new debt for an old debt cancelling the old debt.
(Compare with "subrogation")
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Nudum pactum :
A contract-law term which stands for those agreements which are
without consideration, such as a unilateral undertaking, which may bind
a person morally, but not under contract law, in those jurisdictions
which still require consideration.
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Nuisance :
Excessive or unlawful use of one's property to the extent of
unreasonable annoyance or inconvenience to a neighbor or to the public.
Nuisance is a tort.
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Nunc pro tunc :
Latin: now for then. It refers to the doing of something late (after
it should have been done in the first place), with effect as if it had
been done on time
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