En Ventre Sa Mere
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En Ventre Sa Mere
The Law French phrase ''en ventre sa mere'' ("in its mother's womb") refers to a fetus in utero. It is commonly used in Legal English. An unborn fetus, which is thus still "en ventre sa mere", may be accepted to be a beneficiary for some purposes, provided it is subsequently born alive. Such a fetus is treated as born if it thereby takes a direct benefit.See also the class closing rules generally in ''Hawkins on the Construction of Wills'' 5th edition 2000 chap 14. The use of this concept in legal language can be traced to English cases in the nineteenth century. In '' Occleston v Fullalove'' (1873–74) L.R. 9 Ch. App. 147, a case heard in the Court of Appeal in Chancery it was argued for the Appellant that although the child in question was "en ventre sa mère" at the date of the will subject to the litigation, there was neither principle nor authority against such a child having a reputation of paternity. The Court allowed the after-born child to share with her sisters under th ...
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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 Although Law French as a narrative legal language is obsolete, many individual Law French terms continue to be used by lawyers and judges in common law jurisdictions (see the section "Survivals in modern legal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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Inheritance
Inheritance is the practice of receiving private property, Title (property), titles, debts, entitlements, Privilege (law), privileges, rights, and Law of obligations, obligations upon the death of an individual. The rules of inheritance differ among societies and have changed over time. Officially bequest, bequeathing private property and/or debts can be performed by a testator via will (law), will, as attested by a notary or by other lawful means. Terminology In law, an ''heir'' is a person who is entitled to receive a share of the decedent, deceased's (the person who died) property, subject to the rules of inheritance in the jurisdiction of which the deceased was a citizen or where the deceased (decedent) died or owned property at the time of death. The inheritance may be either under the terms of a will or by intestate laws if the deceased had no will. However, the will must comply with the laws of the jurisdiction at the time it was created or it will be declared invalid ( ...
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Family Law
Family law (also called matrimonial law or the law of domestic relations) is an area of the law that deals with family matters and domestic relations. Overview Subjects that commonly fall under a nation's body of family law include: * Marriage, civil unions, and domestic partnerships: ** Entry into legally recognized spousal and domestic relationships ** The termination of legally recognized family relationships and ancillary matters, including divorce, annulment, property settlements, alimony, child custody and visitation, child support and alimony awards **Prenuptial and Postnuptial agreements * Adoption: proceedings to adopt a child and, in some cases, an adult. * Surrogacy: the law and process of giving birth as a surrogate mother * Child protective proceedings: court proceedings that may result from state intervention in cases of child abuse and child neglect * Juvenile law: Matters relating to minors including status offenses, delinquency, emancipation and juvenile ...
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Nasciturus Pro Iam Nato Habetur, Quotiens De Commodis Eius Agitur
''Nasciturus pro iam nato habetur, quotiens de commodis eius agitur'' is a Latin legal maxim that refers to a law that grants or protects the right of a fetus to inherit property. The maxim translates, "The unborn is deemed to have been born to the extent that his own benefits are concerned". "''Nasciturus''" literally translates to "one who is to be born" and refers to a conceived foetus: a living child who has not yet been born. Pursuant to the legal principle, the fetus is presumed to have been born for the purposes of inheritance. The principle was reified in Roman law and continues to be implemented today in most European nations, in the Americas (where the fetus is sometimes legally considered to be a person), and in South Africa. When considered a legal exception, it is thought to apply exclusively for the purposes of inheritance and that conditions must be satisfied for it to be valid, primarily that the fetus has to be born. Historical instances Notable cases of the app ...
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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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Tortiously
A tort is a civil wrong that causes a claimant to suffer loss or harm, resulting in legal liability for the person who commits the tortious act. Tort law can be contrasted with criminal law, which deals with criminal wrongs that are punishable by the state. While criminal law aims to punish individuals who commit crimes, tort law aims to compensate individuals who suffer harm as a result of the actions of others. Some wrongful acts, such as assault and battery, can result in both a civil lawsuit and a criminal prosecution in countries where the civil and criminal legal systems are separate. Tort law may also be contrasted with contract law, which provides civil remedies after breach of a duty that arises from a contract. Obligations in both tort and criminal law are more fundamental and are imposed regardless of whether the parties have a contract. While tort law in civil law jurisdictions largely derives from Roman law, common law jurisdictions derive their tort law from cust ...
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Supreme Court Of Appeals Of West Virginia
The Supreme Court of Appeals of West Virginia is the state supreme court of the state of West Virginia, the highest of West Virginia's state courts. The court sits primarily at the West Virginia State Capitol in Charleston, although from 1873 to 1915, it was also required by state law to hold sessions in Charles Town in the state's Eastern Panhandle. The court also holds special sittings at various locations across the state. Although the West Virginia Constitution allowed for an intermediate court of appeals to be created, since 1974 the Legislature declined to do so, until 2021 and thus the Supreme Court provided the only review of the decisions of the state's trial courts of general jurisdiction, the West Virginia Circuit Courts. In December 2010, the Supreme Court promulgated a major revision of West Virginia's rules of appellate procedure, by which it provided that it would hear all properly perfected appeals of right from the circuit courts. Beginning July 1, 2022 a new ...
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Farley V
Farley may refer to: People * Farley (name), a list of people with the given name or surname Places Antarctica * Mount Farley * Farley Massif Australia * Farley, New South Wales * Farley railway station England * Farley, Derbyshire * Farley, Staffordshire * Farley, Surrey * Farley, Wiltshire United States * Farley, California * Farley, Iowa * Farley, Kentucky * Farley, Missouri * Farley, West Virginia * Farley Township, Polk County, Minnesota * Farley Hall (University of Notre Dame) * Farley (Culpeper County, Virginia) * Joseph M. Farley Nuclear Plant * James A. Farley Building Arts and entertainment * ''Farley'' (comic strip), a comic strip by Phil Frank in the ''San Francisco Chronicle'' * Farley (''Sesame Street''), in ''Sesame Street'' * Farley, a sheepdog in the comic strip '' For Better or For Worse'' Businesses * Farley's, British food maker, now owned by Heinz * Farley's & Sathers Candy Company, British confectionery maker, now owned by Ferrero Group * Farley Boats, ...
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Supreme Court Of Pennsylvania
The Supreme Court of Pennsylvania is the highest court in the Commonwealth of Pennsylvania's Unified Judicial System. It also claims to be the oldest appellate court in the United States, a claim that is disputed by the Massachusetts Supreme Judicial Court. The Supreme Court of Pennsylvania began in 1684 as the Provincial Court, and casual references to it as the "Supreme Court" of Pennsylvania were made official in 1722 upon its reorganization as an entity separate from the control of the royal governor. Today, the Supreme Court of Pennsylvania maintains a discretionary docket, meaning that the Court may choose which cases it accepts, with the exception of mandatory death penalty appeals, and certain appeals from the original jurisdiction of the Commonwealth Court. This discretion allows the Court to wield powerful influence on the formation and interpretation of Pennsylvania law. History The Original Pennsylvania constitutions, drafted by William Penn, established a Prov ...
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Amadio V
Amadio is a name. People with the name include: Surname * Silvio Amadio (1926–1995), Italian film director and screenwriter * John Amadio (1883–1964), Australian flute player * Ligia Amadio, Brazilian conductor * Dave Amadio (1939–1981), Canadian ice hockey player * Roberto Amadio (born 1963), Italian sports manager and cyclist * Remo Amadio (born 1987), Italian footballer * Greg Amadio (born 1981), Canadian ice hockey defenceman * Michael Amadio (born 1996), Canadian ice hockey center * Neville Amadio (1913–2006), Australian flute player * Norman Amadio (1928–2020), Canadian jazz pianist, teacher, and composer * Bruno Amadio (1911–1981), Italian painter Given name * Amadio Freddi (1570–1634), Italian composer Precedents * Commercial Bank of Australia Ltd v Amadio See also * Amadeo (other) * Amadeus (other) * Amedeo Amedeo is an Italian given name meaning "lover of God", "loves God", or more correctly "for the love of God" and cognate to the Lat ...
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Plaintiff
A plaintiff ( Π in legal shorthand) is the party who initiates a lawsuit (also known as an ''action'') before a court. By doing so, the plaintiff seeks a legal remedy. If this search is successful, the court will issue judgment in favor of the plaintiff and make the appropriate court order (e.g., an order for damages). "Plaintiff" is the term used in civil cases in most English-speaking jurisdictions, the notable exceptions being England and Wales, where a plaintiff has, since the introduction of the Civil Procedure Rules in 1999, been known as a "claimant" and Scotland, where the party has always been known as the "pursuer". In criminal cases, the prosecutor brings the case against the defendant, but the key complaining party is often called the "complainant". In some jurisdictions, a lawsuit is commenced by filing a summons, claim form or a complaint. These documents are known as pleadings, that set forth the alleged wrongs committed by the defendant or defendants with a de ...
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Damages
At common law, damages are a remedy in the form of a monetary award to be paid to a claimant as compensation for loss or injury. To warrant the award, the claimant must show that a breach of duty has caused foreseeable loss. To be recognised at law, the loss must involve damage to property, or mental or physical injury; pure economic loss is rarely recognised for the award of damages. Compensatory damages are further categorized into special damages, which are economic losses such as loss of earnings, property damage and medical expenses, and general damages, which are non-economic damages such as pain and suffering and emotional distress. Rather than being compensatory, at common law damages may instead be nominal, contemptuous or exemplary. History Among the Saxons, a monetary value called a ''weregild'' was assigned to every human being and every piece of property in the Salic Code. If property was stolen or someone was injured or killed, the guilty person had to pay the wer ...
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