Cy-près Doctrine
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Cy-près Doctrine
The cy-près doctrine ( ; Law French, , modern French: ''si près'' or ''aussi près'') is a legal doctrine which allows a court to amend a legal document to enforce it "as near as possible" to the original intent of the instrument, in situations where it becomes impossible, impracticable, or illegal to enforce it under its original terms. The doctrine first arose in the English courts of equity, originating in the law of charitable trusts, but it has since been applied in the context of class action settlements in the United States. An example of the doctrine's application is found in the Massachusetts Supreme Judicial Court case ''Jackson v. Phillips'', where the testator, Francis Jackson, created a trust to be used to "create a public sentiment that will put an end to negro slavery in this country". Four years after Jackson's death, slavery was abolished by the Thirteenth Amendment, nullifying the express purpose of the trust. Some of Jackson's family members attempted to d ...
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Law French
Law French ( nrf, Louai Français, enm, Lawe Frensch) is an archaic language originally based on Old Norman and Anglo-Norman, but increasingly influenced by Parisian French and, later, English. It was used in the law courts of England, beginning with the Norman conquest of England in 1066. Its use continued for several centuries in the courts of England and Wales and Ireland. Although Law French as a narrative legal language is obsolete, many individual Law French terms continue to be used by lawyers and judges in common law jurisdictions (see the section "Survivals in modern legal terminology", below). History The earliest known documents in which ''French'' (i.e. Anglo-Norman) is used for discourse on English law date from the third quarter of the thirteenth century and include two particular documents. The first is '' The Provisions of Oxford'' (1258), consisting of the terms of oaths sworn by the 24 magnates appointed to rectify abuses in the administration of King H ...
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Wales
Wales ( cy, Cymru ) is a Countries of the United Kingdom, country that is part of the United Kingdom. It is bordered by England to the Wales–England border, east, the Irish Sea to the north and west, the Celtic Sea to the south west and the Bristol Channel to the south. It had a population in 2021 of 3,107,500 and has a total area of . Wales has over of coastline and is largely mountainous with its higher peaks in the north and central areas, including Snowdon (), its highest summit. The country lies within the Temperateness, north temperate zone and has a changeable, maritime climate. The capital and largest city is Cardiff. Welsh national identity emerged among the Celtic Britons after the Roman withdrawal from Britain in the 5th century, and Wales was formed as a Kingdom of Wales, kingdom under Gruffydd ap Llywelyn in 1055. Wales is regarded as one of the Celtic nations. The Conquest of Wales by Edward I, conquest of Wales by Edward I of England was completed by 1283, th ...
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California Supreme Court
The Supreme Court of California is the highest and final court of appeals in the courts of the U.S. state of California. It is headquartered in San Francisco at the Earl Warren Building, but it regularly holds sessions in Los Angeles and Sacramento. Its decisions are binding on all other California state courts. Since 1850, the court has issued many influential decisions in a variety of areas including torts, property, civil and constitutional rights, and criminal law. Composition Under the original 1849 California Constitution, the Court started with a chief justice and two associate justices. The Court was expanded to five justices in 1862. Under the current 1879 constitution, the Court expanded to six associate justices and one chief justice, for the current total of seven. The justices are appointed by the Governor of California and are subject to retention elections. According to the California Constitution, to be considered for appointment, as with any California j ...
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Supreme Court Of Georgia (U
Supreme Court of Georgia may refer to: * Supreme Court of Georgia (country) * Supreme Court of Georgia (U.S. state) The Supreme Court of Georgia is the highest judicial authority of the U.S. state of Georgia. The court was established in 1845 as a three-member panel. Since 1896, the justices (increased in number to six, then to seven in 1945, and finally to n ...
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Supreme Court Of The United States
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point of federal law. It also has original jurisdiction over a narrow range of cases, specifically "all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party." The court holds the power of judicial review, the ability to invalidate a statute for violating a provision of the Constitution. It is also able to strike down presidential directives for violating either the Constitution or statutory law. However, it may act only within the context of a case in an area of law over which it has jurisdiction. The court may decide cases having political overtones, but has ruled that it does not have power to decide non-justiciable political questions. Established by Article Three of the United States ...
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Augustus Bacon
Augustus Octavius Bacon (October 20, 1839February 14, 1914) was a Confederate soldier, segregationist, and U.S. politician. A member of the Democratic Party, he served as a U.S. Senator from Georgia, becoming the first Senator to be directly elected after the ratification of the 17th Amendment, and rose to the position of president pro tempore of the United States Senate. Controversy arose during the American Civil Rights Movement over a provision in his will that created a racially segregated park in his hometown of Macon, which led to two U.S. Supreme Court decisions. He was a slave owner. Biography Augustus Octavius Bacon was born in Bryan County, Georgia. He graduated in 1859 from the University of Georgia (UGA) in Athens, Georgia, and from the University of Georgia School of Law in its inaugural class of graduates in 1860. While at UGA, he was a member of the Phi Kappa Literary Society. He was a soldier in the army of the Confederate States of America during the American C ...
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Rule Against Perpetuities
The rule against perpetuities is a legal rule in the American common law that prevents people from using legal instruments (usually a deed or a will) to exert control over the ownership of private property for a time long beyond the lives of people living at the time the instrument was written. Specifically, the rule forbids a person from creating future interests (traditionally contingent remainders and executory interests) in property that would vest beyond 21 years after the lifetimes of those living at the time of creation of the interest, often expressed as a “life in being plus twenty-one years”. In essence, the rule prevents a person from putting qualifications and criteria in a deed or a will that would continue to affect the ownership of property long after he or she has died, a concept often referred to as control by the "dead hand" or "''mortmain''". The basic elements of the rule against perpetuities originated in England in the 17th century and were "crystallize ...
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Uniform Trust Code
The Uniform Trust Code is a model law in the United States, which although not binding, is influential in the states, and used by many as a model law. As of January 1, 2020, 34 States have enacted a version of the Uniform Trust Code (Alabama, Arizona, Arkansas, Colorado, Connecticut, Florida, Illinois, Kansas, Kentucky, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, New Jersey, New Hampshire, New Mexico, North Carolina, North Dakota, Ohio, Oregon, Pennsylvania, South Carolina, Tennessee, Utah, Vermont, Virginia, West Virginia, Wisconsin, and Wyoming). Legislation has currently been proposed in New York to adopt the UTC. Background The goal of the uniform law is to standardize the law of trusts to a greater extent, given their increased use as a substitute for the "last will and testament" as the primary estate planning mechanism. Contents The Uniform Trust Code consists of eleven articles: # General Provisions and Definitions # Jud ...
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United States
The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country primarily located in North America. It consists of 50 states, a federal district, five major unincorporated territories, nine Minor Outlying Islands, and 326 Indian reservations. The United States is also in free association with three Pacific Island sovereign states: the Federated States of Micronesia, the Marshall Islands, and the Republic of Palau. It is the world's third-largest country by both land and total area. It shares land borders with Canada to its north and with Mexico to its south and has maritime borders with the Bahamas, Cuba, Russia, and other nations. With a population of over 333 million, it is the most populous country in the Americas and the third most populous in the world. The national capital of the United States is Washington, D.C. and its most populous city and principal financial center is New York City. Paleo-Americ ...
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Scotland
Scotland (, ) is a country that is part of the United Kingdom. Covering the northern third of the island of Great Britain, mainland Scotland has a border with England to the southeast and is otherwise surrounded by the Atlantic Ocean to the north and west, the North Sea to the northeast and east, and the Irish Sea to the south. It also contains more than 790 islands, principally in the archipelagos of the Hebrides and the Northern Isles. Most of the population, including the capital Edinburgh, is concentrated in the Central Belt—the plain between the Scottish Highlands and the Southern Uplands—in the Scottish Lowlands. Scotland is divided into 32 administrative subdivisions or local authorities, known as council areas. Glasgow City is the largest council area in terms of population, with Highland being the largest in terms of area. Limited self-governing power, covering matters such as education, social services and roads and transportation, is devolved from the Scott ...
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Northern Ireland
Northern Ireland ( ga, Tuaisceart Éireann ; sco, label= Ulster-Scots, Norlin Airlann) is a part of the United Kingdom, situated in the north-east of the island of Ireland, that is variously described as a country, province or region. Northern Ireland shares an open border to the south and west with the Republic of Ireland. In 2021, its population was 1,903,100, making up about 27% of Ireland's population and about 3% of the UK's population. The Northern Ireland Assembly (colloquially referred to as Stormont after its location), established by the Northern Ireland Act 1998, holds responsibility for a range of devolved policy matters, while other areas are reserved for the UK Government. Northern Ireland cooperates with the Republic of Ireland in several areas. Northern Ireland was created in May 1921, when Ireland was partitioned by the Government of Ireland Act 1920, creating a devolved government for the six northeastern counties. As was intended, Northern Ireland ...
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