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Legal Definitions - judicial control

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Definition of judicial control

Definition: Judicial control is a doctrine in civil law that allows a court to prevent the cancellation of a lease if the breach by the lessee is not significant, was not caused by the lessee, or was due to an honest mistake.

For example, if a tenant accidentally damages a small part of the property, the landlord cannot cancel the lease if the damage is minor and the tenant is willing to repair it. Similarly, if a tenant is late on rent payment due to a bank error, the landlord cannot cancel the lease if the tenant can prove that it was not their fault.

Judicial control is a way to protect tenants from unfair eviction or lease cancellation due to minor or unintentional breaches. It allows the court to intervene and prevent the landlord from taking extreme measures that could harm the tenant's rights and interests.

If the law is on your side, pound the law. If the facts are on your side, pound the facts. If neither the law nor the facts are on your side, pound the table.

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Simple Definition

Term: Judicial Control

Definition: Judicial control is a rule that allows a court to prevent the cancellation of a lease if the tenant's mistake or breach of the lease is not significant, was not caused by the tenant, or was an honest mistake. This means that the court can protect the tenant from losing their lease if the mistake was not intentional or if it was a small mistake that did not cause harm.

The end of law is not to abolish or restrain, but to preserve and enlarge freedom.

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If we desire respect for the law, we must first make the law respectable.

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