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Demise
Demise is an Anglo-Norman legal term (from French ''démettre'', from Latin ''dimittere'', to send away) for the transfer of an estate, especially by lease. It has an operative effect in a lease, implying a covenant "for quiet enjoyment." The phrase "demise of the Crown" is used in English law to signify the immediate transfer of the sovereignty, with all its attributes and prerogatives, to the successor without any interregnum in accordance with the maxim "the Crown never dies." At common law the death of the sovereign ''eo facto'' dissolved Parliament, but this was abolished by the Representation of the People Act 1867. Similarly the common law doctrine that all offices held under the Crown were terminated at its demise has been abolished by the Demise of the Crown Act 1901. Etymology The English word "demise" comes from the Latin word "demissio" (see, e.g., ex demissione), which comes from Latin "demittere," which is a compound of de + mittere, meaning "to send from". Thr ...
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Demise Of The Crown
Demise of the Crown is the legal term in the United Kingdom and the Commonwealth realms for the transfer of the Crown upon the death of the monarch. The Crown transfers automatically to the monarch's heir. The concept evolved in the kingdom of England, and was continued in Great Britain and then the United Kingdom. The concept also became part of the constitutions of the British colonies, and was continued in the constitutions of the Commonwealth realms, until modified within those realms. Originally, the demise of the Crown in England had significant legal effects: individuals who had been appointed to office by the deceased monarch lost their positions; if Parliament was sitting, it automatically dissolved; and actions in the royal courts automatically discontinued and had to be re-started. Almost all of these legal effects have been abolished by statutes of the British Parliament and the parliaments of the Commonwealth realms, so that the demise of the Crown no longer has much ...
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Demise Of The Crown Act 1901
Demise is an Anglo-Norman legal term (from French ''démettre'', from Latin ''dimittere'', to send away) for the transfer of an estate, especially by lease. It has an operative effect in a lease, implying a covenant "for quiet enjoyment." The phrase "demise of the Crown" is used in English law to signify the immediate transfer of the sovereignty, with all its attributes and prerogatives, to the successor without any interregnum in accordance with the maxim "the Crown never dies." At common law the death of the sovereign ''eo facto'' dissolved Parliament, but this was abolished by the Representation of the People Act 1867. Similarly the common law doctrine that all offices held under the Crown were terminated at its demise has been abolished by the Demise of the Crown Act 1901. Etymology The English word "demise" comes from the Latin word "demissio" (see, e.g., ex demissione), which comes from Latin "demittere," which is a compound of de + mittere, meaning "to send from". Thr ...
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Representation Of The People Act 1867
The Representation of the People Act 1867, 30 & 31 Vict. c. 102 (known as the Reform Act 1867 or the Second Reform Act) was a piece of British legislation that enfranchised part of the urban male working class in England and Wales for the first time. It took effect in stages over the next two years, culminating in full commencement on 1 January 1869. Before the Act, only one million of the seven million adult men in England and Wales could vote; the Act immediately doubled that number. Further, by the end of 1868 all male heads of household could vote, having abolished the widespread mechanism of the deemed rentpayer or ratepayer being a superior lessor or landlord who would act as middleman for those monies paid ("compounding"). The Act introduced a near-negligible redistribution of seats, far short of the urbanisation and population growth since 1832. The overall intent was to help the Conservative Party, Benjamin Disraeli expecting a reward for his sudden and sweeping backin ...
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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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French Language
French ( or ) is a Romance language of the Indo-European family. It descended from the Vulgar Latin of the Roman Empire, as did all Romance languages. French evolved from Gallo-Romance, the Latin spoken in Gaul, and more specifically in Northern Gaul. Its closest relatives are the other langues d'oïl—languages historically spoken in northern France and in southern Belgium, which French ( Francien) largely supplanted. French was also influenced by native Celtic languages of Northern Roman Gaul like Gallia Belgica and by the ( Germanic) Frankish language of the post-Roman Frankish invaders. Today, owing to France's past overseas expansion, there are numerous French-based creole languages, most notably Haitian Creole. A French-speaking person or nation may be referred to as Francophone in both English and French. French is an official language in 29 countries across multiple continents, most of which are members of the ''Organisation internationale de la Francophonie'' ...
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Latin
Latin (, or , ) is a classical language belonging to the Italic branch of the Indo-European languages. Latin was originally a dialect spoken in the lower Tiber area (then known as Latium) around present-day Rome, but through the power of the Roman Republic it became the dominant language in the Italian region and subsequently throughout the Roman Empire. Even after the fall of Western Rome, Latin remained the common language of international communication, science, scholarship and academia in Europe until well into the 18th century, when other regional vernaculars (including its own descendants, the Romance languages) supplanted it in common academic and political usage, and it eventually became a dead language in the modern linguistic definition. Latin is a highly inflected language, with three distinct genders (masculine, feminine, and neuter), six or seven noun cases (nominative, accusative, genitive, dative, ablative, and vocative), five declensions, four verb conjuga ...
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Estate (land)
An estate is a large parcel of land under single ownership, which would historically generate income for its owner. British context In the UK, historically an estate comprises the houses, outbuildings, supporting farmland, and woods that surround the gardens and grounds of a very large property, such as a country house, mansion, palace or castle. It is the modern term for a manor, but lacks a manor's now-abolished jurisdiction. The "estate" formed an economic system where the profits from its produce and rents (of housing or agricultural land) sustained the main household, formerly known as the manor house. Thus, "the estate" may refer to all other cottages and villages in the same ownership as the mansion itself, covering more than one former manor. Examples of such great estates are Woburn Abbey in Bedfordshire, England, and Blenheim Palace, in Oxfordshire, England, built to replace the former manor house of Woodstock. In a more urban context are the "Great Estates" in ...
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Lease
A lease is a contractual arrangement calling for the user (referred to as the ''lessee'') to pay the owner (referred to as the ''lessor'') for the use of an asset. Property, buildings and vehicles are common assets that are leased. Industrial or business equipment are also leased. Basically a lease agreement is a contract between two parties: the lessor and the lessee. The lessor is the legal owner of the asset, while the lessee obtains the right to use the asset in return for regular rental payments. The lessee also agrees to abide by various conditions regarding their use of the property or equipment. For example, a person leasing a car may agree to the condition that the car will only be used for personal use. The term rental agreement can refer to two kinds of leases: * A lease in which the asset is tangible property. Here, the user '' rents'' the asset (e.g. land or goods) ''let out'' or ''rented out'' by the owner (the verb ''to lease'' is less precise because it can r ...
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Interregnum
An interregnum (plural interregna or interregnums) is a period of discontinuity or "gap" in a government, organization, or social order. Archetypally, it was the period of time between the reign of one monarch and the next (coming from Latin ''inter-'', "between" and ''rēgnum'', "reign" rom ''rex, rēgis'', "king", and the concepts of interregnum and regency therefore overlap. Historically, longer and heavier interregna have been typically accompanied by widespread unrest, civil and succession wars between warlords, and power vacuums filled by foreign invasions or the emergence of a new power. A failed state is usually in interregnum. The term also refers to the periods between the election of a new parliament and the establishment of a new government from that parliament in parliamentary democracies, usually ones that employ some form of proportional representation that allows small parties to elect significant numbers, requiring time for negotiations to form a government. ...
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The Crown
The Crown is the state in all its aspects within the jurisprudence of the Commonwealth realms and their subdivisions (such as the Crown Dependencies, overseas territories, provinces, or states). Legally ill-defined, the term has different meanings depending on context. It is used to designate the monarch in either a personal capacity, as Head of the Commonwealth, or as the king or queen of their realms (whereas the monarchy of the United Kingdom and the monarchy of Canada, for example, are distinct although they are in personal union). It can also refer to the rule of law; however, in common parlance 'The Crown' refers to the functions of government and the civil service. Thus, in the United Kingdom (one of the Commonwealth realms), the government of the United Kingdom can be distinguished from the Crown and the state, in precise usage, although the distinction is not always relevant in broad or casual usage. A corporation sole, the Crown is the legal embodiment of execut ...
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Common Law
In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omnipresence in the sky, but the articulate voice of some sovereign or quasi sovereign that can be identified," ''Southern Pacific Company v. Jensen'', 244 U.S. 205, 222 (1917) (Oliver Wendell Holmes, dissenting). By the early 20th century, legal professionals had come to reject any idea of a higher or natural law, or a law above the law. The law arises through the act of a sovereign, whether that sovereign speaks through a legislature, executive, or judicial officer. The defining characteristic of common law is that it arises as precedent. Common law courts look to the past decisions of courts to synthesize the legal principles of past cases. '' Stare decisis'', the principle that cases should be decided according to consistent principled rules so ...
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