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Encyclopedia > English rule (legal term)

The English Rule is a rule regarding assessment of attorneys' fees arising out of litigation. The English Rule provides that the party who loses in court pays the other party's attorney's fees. The English Rule contrasts with the American Rule, under which each party is generally responsible to pay its own attorneys' fees, unless a statute or contract provides for that assessment. The rationale for the English Rule is that the courts and society should not be burdened by people filing lawsuits unless they are confident in their ability to win. Attorneys fees or attorneys fees are the costs of legal representation that an attorneys client or a party to a lawsuit incurs. ... A lawsuit is a civil action brought before a court in order to recover a right, obtain damages for an injury, obtain an injunction to prevent an injury, or obtain a declaratory judgment to prevent future legal disputes. ... Under the American Rule, all parties to a lawsuit, even the prevailing party, must pay its attorneys fees. ... A statute is a formal, written law of a country or state, written and enacted by its legislative authority, perhaps to then be ratified by the highest executive in the government, and finally published. ... A contract is a promise or an agreement that is enforced or recognized by the law. ...


See also

Tort reform is the phrase used by its advocates who claim it is a change in the legal system to reduce litigations alleged adverse effects on the economy. ...

References

  • Black's Law Dictionary (8th Ed. 2004).

External links

Walter Olson, "Loser Pays" This article or section does not cite its references or sources. ...


 
 

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