When something arises, it indicates its origin or occurrence due to another factor. For instance, a problem may arise as a result of a mistake or accident. Occasionally, a question or idea may arise in one’s mind, prompting contemplation. When a court arises, it signifies a temporary cessation of its operations.
To originate, emerge, or become apparent; to be brought about by a particular cause or circumstance. For instance, a federal claim may arise based on the U.S. Constitution, while lawsuits often arise as a result of accidents. The issue of appealability may arise during a trial, and a court may decide to arise for the day and resume the proceedings the following day. The first two examples highlight how something can arise from a specific source, such as a claim arising from the U.S. Constitution or a lawsuit arising from an accident. The third example demonstrates how a question can arise in one’s mind or come to their attention. The fourth example illustrates how a court can arise or adjourn for the day.
Arise is a legal term that refers to the act of coming into existence or becoming enforceable, typically in reference to a legal right or claim.
A legal right can arise through various means, such as through a contract, legislation, court decision, or by operation of law.
Yes, a legal claim can arise without a written agreement. Oral agreements, implied contracts, and even certain actions or conduct can give rise to legal claims.
Legal disputes can arise in various situations, such as contract breaches, property disputes, personal injury claims, employment issues, family law matters, and criminal cases.
The time it takes for a legal claim to arise can vary depending on the nature of the claim and the applicable laws. Some claims may arise immediately, while others may require a certain period of time or specific conditions to be met.
In certain circumstances, a legal right can arise retroactively. For example, if a new law is passed that grants certain rights or benefits, those rights may be applied retroactively to individuals who were affected before the law came into effect.
Generally, a legal claim cannot arise after the statute of limitations has expired. Statutes of limitations set a time limit within which a legal claim must be filed, and once that time limit has passed, the claim is typically barred.
Yes, legal claims can arise against government entities. However, there may be specific procedures and limitations that apply when bringing a claim against a government entity, such as the need to provide notice within a certain timeframe.
Yes, a legal claim can arise from a verbal agreement. While written agreements are generally recommended for clarity and enforceability, verbal agreements can still be legally binding and give rise to legal claims.
Yes, a legal claim can arise from an online transaction. Online transactions are subject to the same legal principles as traditional transactions, and if there is a breach of contract, fraud, or other legal issues, a claim can be pursued.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 17th April 2024.
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