Legal Definitions - conventional

The term "conventional" in a legal context refers to something that is:

• 1. Customary, Standard, or Traditional:

  This sense describes practices, procedures, or interpretations that are widely accepted, standard, or traditional within a legal system or profession. These are the usual, expected ways things are done.

  • Example 1: When a lawyer files a standard document, such as a "motion to dismiss" in a civil lawsuit, they are engaging in a conventional legal practice. This type of motion follows a well-established format and procedure that is customary in courts across the jurisdiction.

    Explanation: The motion to dismiss is a standard, traditional step in litigation, widely recognized and used, making it a conventional practice.

  • Example 2: In many real estate transactions, it is conventional for the buyer to conduct a property inspection before the final closing. While not always legally mandated, it's a widely accepted and expected step in the process to protect the buyer's interests.

    Explanation: The property inspection is a customary and traditional part of the real estate process, demonstrating a conventional approach to due diligence.

• 2. Arising from Agreement of Parties:

  This refers to something that comes into existence because parties have specifically agreed to it, rather than being automatically imposed by a statute or general legal principle. It highlights obligations or rights created by mutual consent or contract.

  • Example 1: A homeowner might obtain a conventionalmortgage from a bank, meaning the terms of the loan (interest rate, repayment schedule, collateral) are established through a specific agreement between the borrower and the lender, rather than being a government-backed or statutory loan.

    Explanation: The mortgage's terms are conventional because they arise from the specific agreement negotiated and signed by the homeowner and the bank, not from a legal default or mandate.

  • Example 2: If two businesses enter into a contract and include a clause stating that any disputes will be resolved through arbitration, this is a conventional method of dispute resolution. The parties have mutually agreed to this process, rather than being legally required to go to court.

    Explanation: The choice of arbitration is conventional because it stems directly from the parties' explicit agreement within their contract, not from a law dictating how they must resolve disputes.

• 3. Established by Treaty or International Convention:

  This sense pertains to rules, principles, or obligations that are established through formal international agreements, such as treaties or conventions, between nations.

  • Example 1: The Geneva Conventions are a set of conventional international laws that establish standards for humanitarian treatment in war. These rules exist because numerous countries formally agreed to and ratified these treaties, binding themselves to their provisions.

    Explanation: The laws are conventional because they originate from formal international conventions (treaties) that nations voluntarily enter into, rather than from general principles of international law.

  • Example 2: When a country signs and ratifies a climate change agreement, such as the Paris Agreement, it is accepting conventional international obligations to reduce greenhouse gas emissions. These obligations arise directly from the terms of the treaty agreed upon by participating nations.

    Explanation: The obligations are conventional as they are created by the international treaty (convention) that the country has formally joined, establishing specific duties through agreement.