Stipulatio juris is a legal term that refers to an agreement between parties regarding the law that will apply to their dispute. This concept allows the involved parties to stipulate or specify which legal rules or principles they believe should govern their case. However, it is important to note that courts are not obligated to accept these stipulations if they are deemed erroneous or incorrect.
This term is commonly used in various areas of law, including civil law and contract disputes. In practice, stipulatio juris allows parties to clarify their understanding of the applicable law, which can streamline legal proceedings. Users may find templates and forms related to stipulations on platforms like US Legal Forms, which can help them draft agreements that reflect their legal intentions.
Here are a couple of examples of abatement:
For instance, in a contract dispute, two businesses may agree that a specific state's contract law will govern their agreement. This stipulation could help resolve any legal issues more efficiently. (hypothetical example)
Examples of state differences (not exhaustive):
| State | Notes |
|---|---|
| California | Allows stipulations but requires courts to ensure they do not contravene public policy. |
| New York | Parties can stipulate the law, but the court retains discretion to apply relevant statutes. |
| Texas | Stipulations are generally upheld unless they conflict with statutory law. |
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
| Term | Definition | Key Differences |
|---|---|---|
| Stipulation | A formal agreement between parties. | Stipulatio juris specifically pertains to agreements on applicable law. |
| Jurisdiction | The authority of a court to hear a case. | Jurisdiction refers to the court's power, while stipulatio juris is about the law applied. |
If you find yourself in a situation where stipulatio juris may apply, consider the following steps:
Browse our library of 85,000+ state-specific legal templates.
Yes, but only if the stipulation is valid and does not conflict with applicable laws.