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Sound In Damages
This page is a glossary of law. A *A fortiori. By a stronger reason. A term used in logic to denote an argument to the effect that because one ascertained fact exists, therefore another, which is included in it, and which is less improbable, unusual, or surprising, must also exist.Howell. Glossary of Legal Terms and Phrases. 1910p 1 * A mensa et thoro. From bed and board. Descriptive of a limited divorce or separation by judicial sentence. *A quo: from which. The Court a quo is the court from which a cause has been removed to a higher court, which latter is called the Court ad quem. *A vinculo matrimonii. (Lat. from the bond of matrimony) A term descriptive of a kind of divorce, which effects a complete dissolution of the marriage contract. * Abactor. ''l''. A cattle-stealer.Stimson. Glossary of Technical Terms, Phrases, and Maxims of the Common Law. 1881p 2 * Abandonment. Desertion; surrender; relinquishment of property; as when an insured person makes over his rights in the goods ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
A Fortiori
''Argumentum a fortiori'' (literally "argument from the stronger [reason]") (, ) is a form of Argumentation theory, argumentation that draws upon existing confidence in a proposition to argue in favor of a second proposition that is held to be Logical consequence, implicit in, and even more certain than, the first. Usage American usage In ''Garner's Modern American Usage'', Bryan A. Garner, Garner says writers sometimes use ''a fortiori'' as an adjective as in "a usage to be resisted". He provides this example: "Clearly, if laws depend so heavily on public acquiescence, the case of conventions is an ''a fortiori'' [read ''even more compelling''] one." Jewish usage ''A fortiori'' arguments are regularly used in Halakha, Jewish law under the name Talmudical hermeneutics#Kal va-chomer (קל וחומר), kal va-chomer, literally "mild and severe", the mild case being the one we know about, while trying to infer about the more severe case. Relation with Ancient Indian Logic In I ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Glossary Of Land Law
A glossary of land law contains mostly middle English concepts, which are often found in older judgments, and refer to obsolete rights or remedies. Glossary ; Borough English ;Copyhold :n. an interest, or tenure, in land where the holder's title deeds were copy of the entries kept by the lord of the manor. It was incrementally abolished from 1841 to 1925. ; Deforce :v. to unlawfully withhold land from its true owner or from any other person who has a right to the possession of it. ;Ejectment :n. a claim by a land owner to eject a person from the land. The modern term is "eviction". ;Feoffee :n. a person who holds land for the benefit of another person. It derives from the old word "fief", which is a right to land (as in fiefdom, dominion over land) and relates now to the modern concept of a "fee simple", immediate and indefinite ownership of land. ;Gavelkind ;Mortgage :n. a right arising from a contract to take the title deeds for a specific asset (usually a house) and give ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Xenodochium
In the early Middle Ages, a xenodochium or (from Ancient Greek , or ''xenodocheion''; place for strangers, inn, guesthouse) was either a hostel or hospital, usually specifically for foreigners or pilgrims, although the term could refer to charitable institutions in general. The xenodochium was a church institution that first appeared in the Byzantine world.Guenter B. Risse, ''Mending Bodies, Saving Souls: A History of Hospitals'' (Oxford University Press, 1999), 82. The xenodochium was a more common institution than any of more specific natures, such as the ''gerocomium'' (from , ; place for the old), ''nosocomium'' (from , ; place for the sick) or ''orphanotrophium'' (for orphans). A hospital for victims of plague Plague or The Plague may refer to: Agriculture, fauna, and medicine *Plague (disease), a disease caused by ''Yersinia pestis'' * An epidemic of infectious disease (medical or agricultural) * A pandemic caused by such a disease * A swarm of pes ... was called a (g ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Words Of Limitation
In English law, words of purchase are words the grantor uses to designate the grantee on a deed, will, or probate that determine who is to receive the interest. The term "words of purchase" is a technical conveyancing expression, a term of art in real property law that has nothing to do with the ordinary meanings of the word "purchase". The word purchase in the expression means that real property is being transferred by deed or will, not inherited through the laws of descent and distribution. Whether the property is bought or given away, if the transfer is by deed or will, it is a purchase in this usage. The act or process of acquiring real property by deed or will is called taking by purchase, even though it was a gift. The person who acquires real property by deed or will is called a purchaser even if this person may have paid nothing. Words of purchase are contrasted with words of limitation, which describe the extent, or quality, or duration of the estate he acquires. For ex ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Underwriter
Underwriting (UW) services are provided by some large financial institutions, such as banks, insurance companies and investment houses, whereby they guarantee payment in case of damage or financial loss and accept the financial risk for liability arising from such guarantee. An underwriting arrangement may be created in a number of situations including insurance, issues of security in a public offering, and bank lending, among others. The person or institution that agrees to sell a minimum number of securities of the company for commission is called the underwriter. History The term "underwriting" derives from the Lloyd's of London insurance market. Financial backers (or risk takers), who would accept some of the risk on a given venture (historically a sea voyage with associated risks of shipwreck) in exchange for a insurance premium, premium, would literally write their names under the risk information that was written on a Lloyd's slip created for this purpose. Securities un ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Testator
A testator () is a person who has written and executed a Will (law), last will and testament that is in effect at the time of their death. It is any "person who makes a will."Gordon Brown, ''Administration of Wills, Trusts, and Estates'', 3d ed. (2003), p. 556. . Related terms * A female testator is sometimes referred to as a testatrix (), plural testatrices (), particularly in older cases. *In Ahmadiyya Islam, a testator is referred to as a moosi, who is someone that has signed up for Wasiyyat or a will, under the plan initiated by the Mirza Ghulam Ahmad, Promised Messiah, thus committing a portion, not less than one-tenth, of his lifetime earnings and any property to a cause. * The adjective, adjectival form of the word is testamentary, as in: # Testamentary capacity, or mental capacity or ability to execute a will and # Testamentary disposition, or gift made in a will (see that article for types). # Testamentary trust, a trust (law), trust that is created in a will. * A will (la ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Tort
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 cus ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Servient Estate
A servient estate (or servient premises or servient tenement) is a parcel of land that is subject to an easement. The easement may be an easement in gross, an easement that benefits an individual or other entity, or it may be an easement appurtenant, an easement that benefits another parcel of land. For an easement appurtenant, the parcel of land that benefits from an easement over the servient estate is called the dominant estate A dominant estate (or dominant premises or dominant tenement) is the parcel of real property that has an easement over another piece of property (the servient estate). The type of easement involved may be an appurtenant easement that benefits anoth ... (or dominant premises or dominant tenement). References Real property law {{law-term-stub ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Ratification
Ratification is a principal's approval of an act of its agent that lacked the authority to bind the principal legally. Ratification defines the international act in which a state indicates its consent to be bound to a treaty if the parties intended to show their consent by such an act. In the case of bilateral treaties, ratification is usually accomplished by exchanging the requisite instruments, and in the case of multilateral treaties, the usual procedure is for the depositary to collect the ratifications of all states, keeping all parties informed of the situation. The institution of ratification grants states the necessary time-frame to seek the required approval for the treaty on the domestic level and to enact the necessary legislation to give domestic effect to that treaty. The term applies to private contract law, international treaties, and constitutions in federal states such as the United States and Canada. The term is also used in parliamentary procedure in deliberati ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Parcel Of Land
A cadastre or cadaster is a comprehensive recording of the real estate or real property's metes-and-bounds of a country.Jo Henssen, ''Basic Principles of the Main Cadastral Systems in the World,'/ref> Often it is represented graphically in a cadastral map. In most countries, legal systems have developed around the original administrative systems and use the cadastre to define the dimensions and location of land parcels described in legal documentation. A land parcel or cadastral parcel is defined as "a continuous area, or more appropriately volume, that is identified by a unique set of homogeneous property rights". Cadastral surveys document the Boundary (real estate), boundaries of land ownership, by the production of documents, diagrams, sketches, plans (''plats'' in the US), charts, and maps. They were originally used to ensure reliable facts for land valuation and taxation. An example from early England is the Domesday Book in 1086. Napoleon established a comprehensive ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Mala In Se
''Malum in se'' (plural ''mala in se'') is a Latin phrase meaning ''wrong'' or ''evil in itself''. The phrase is used to refer to conduct assessed as sinful or inherently wrong by nature, independent of regulations governing the conduct. It is distinguished from ''malum prohibitum'', which is wrong only because it is prohibited. For example, most human beings believe that murder, rape, and robbery are wrong, regardless of whether a law governs such conduct or where the conduct occurs, and is thus recognizably ''malum in se''. In contrast, ''malum prohibitum'' crimes are criminal not because they are inherently bad, but because the act is prohibited by the law of the state. For example, most United States jurisdictions require drivers to drive on the right side of the road. This is not because driving on the left side of a road is considered immoral, but because consistent rules promote safety and order on the roads. The question between inherently wrong versus prohibited most l ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
