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Tabula In Naufragio
''Tabula in naufragio'' is a legal Latin phrase, literally interpreted as "a plank in a shipwreck". It is used metaphorically, particularly in law, to convey: "when all else has failed, it is the thing that stops (or is intended to stop) you from drowning." It is most commonly used to designate the power subsisting in a third (or subsequent) Mortgage law, mortgagee, who took the third mortgage without notice of the second mortgage, and then acquired the first mortgage and attached it to the third mortgage, thereby obtaining priority over the second mortgagee. Without the legal ability to attach ("tacking (law), tack") to the first mortgage, the third mortgage would be worthless. The phrase was first attributed to Matthew Hale (jurist), Sir Matthew Hale, although he died more than 200 years before the advent of the modern English doctrine of tacking arising from ''Hopkinson v Rolt''. According to ''Black's Law Dictionary'': "It may be fairly said that the doctrine survives only in ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Legal Latin
A number of Latin terms are used in law, legal terminology and legal maxims. This is a partial list of these terms, which are wholly or substantially drawn from Latin. __TOC__ Common law Civil law Ecclesiastical law See also * Brocard (law) * Byzantine law * Code of Hammurabi * Corpus Juris Canonici * International Roman Law Moot Court * Law French * List of Latin abbreviations * List of Latin phrases (full) * List of fallacies * List of Philippine legal terms * List of Roman laws * Twelve Tables Notes References * Gabriel Adeleye & Kofi Acquah-Dadzie. ''World Dictionary of Foreign Expressions: A Resource for Readers and Writers''. Ed. by Thomas J. Sienkewicz & James T. McDonough, Jr. Wauconda, Ill.: Bolchazy-Carducci Publishers, 1999. * Ruben E. Agpalo. ''Agpalo’s Legal Words and Phrases''. Manila, Philippines: Rex Book Store, 1997. * Harold Rudolf Walraven Gokkel & Nicolaas van der Wal. ''Juridisch Latijn'', 6th edn. Deventer: Kluwer, 2001. * V.G. ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Mortgage Law
A mortgage is a legal instrument of the common law which is used to create a security interest in real property held by a lender as a security for a debt, usually a mortgage loan. ''Hypothec'' is the corresponding term in civil law jurisdictions, albeit with a wider sense, as it also covers non-possessory lien. A mortgage in itself is not a debt, it is the lender's security for a debt. It is a transfer of an interest in land (or the equivalent) from the owner to the mortgage lender, on the condition that this interest will be returned to the owner when the terms of the mortgage have been satisfied or performed. In other words, the mortgage is a security for the loan that the lender makes to the borrower. The word is a Law French term meaning "dead pledge," originally only referring to the Welsh mortgage (''see below''), but in the later Middle Ages was applied to all gages and reinterpreted by folk etymology to mean that the pledge ends (dies) either when the obligation is f ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Tacking (law)
Tacking is a legal concept arising under the common law relating to competing priorities between two or more security interests arising over the same asset. The concept is best illustrated by way of example. # Bank A lends a first advance to the borrower, which is secured by a mortgage over the borrower's property. The mortgage is expressed to secure this advance and any future advances. # Bank B subsequently lends more money to the borrower and takes a second ranking mortgage over the same property. # Bank A then subsequently lends a second advance to the borrower, relying on its original mortgage. Bank A will always have a first priority claim against the property for the full amount of its first advance. But it will be able to claim against the property in priority to Bank B with respect to its second advance only if it is permitted to ''tack'' the second advance to the mortgage that was taken at the time the first advance was made. If Bank A is not permitted to tack the second ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Matthew Hale (jurist)
Sir Matthew Hale (1 November 1609 – 25 December 1676) was an influential English barrister, judge and jurist most noted for his treatise ''Historia Placitorum Coronæ'', or ''The History of the Pleas of the Crown''. Born to a barrister and his wife, who had both died by the time he was 5, Hale was raised by his father's relative, a strict Puritan, and inherited his faith. In 1626 he matriculated at Magdalen Hall, Oxford (now Hertford College), intending to become a priest, but after a series of distractions was persuaded to become a barrister like his father, thanks to an encounter with a Serjeant-at-Law in a dispute over his estate. On 8 November 1628, he joined Lincoln's Inn, where he was called to the Bar on 17 May 1636. As a barrister, Hale represented a variety of Royalist figures during the prelude and duration of the English Civil War, including Thomas Wentworth and William Laud; it has been hypothesised that Hale was to represent Charles I at his state trial, and con ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Black's Law Dictionary
''Black's Law Dictionary'' is the most frequently used legal dictionary in the United States. Henry Campbell Black (1860–1927) was the author of the first two editions of the dictionary. History The first edition was published in 1891 by West Publishing, with the full title ''A Dictionary of Law: containing definitions of the terms and phrases of American and English jurisprudence, ancient and modern, including the principal terms of international constitutional and commercial law, with a collection of legal maxims and numerous select titles from the civil law and other foreign systems''. A second edition was published in 1910 as ''A Law Dictionary''. Black died in 1927 and future editions were titled ''Black's Law Dictionary''. The sixth and earlier editions of the book additionally provided case citations for the term cited, which was viewed by lawyers as its most useful feature, providing a useful starting point with leading cases. The invention of the Internet made legal res ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Stanley Buckmaster, 1st Viscount Buckmaster
Stanley Owen Buckmaster, 1st Viscount Buckmaster, (9 January 1861 – 5 December 1934) was a British lawyer and Liberal Party politician. He was a Member of Parliament (MP) for most of the years from 1906 to 1915, when he was elevated to the peerage and served as Lord Chancellor under H. H. Asquith from 1915 to 1916. Background and education Buckmaster was born on 9 January 1861 to John Charles Buckmaster, of Ashleigh, Hampton Wick, by his wife Emily Anne Goodliffe. His father began life as an agricultural labourer, and rose to teach chemistry at the Imperial College of Science and Technology. He was educated at Aldenham School and Christ Church, Oxford, where he took second class honours in mathematics. He was called to the Bar in 1884 at the Inner Temple. Beginning with a general practice on the Midland circuit, he eventually came to acquire a large Chancery practice. He was appointed King's Counsel in April 1902. The same year he joined Lincoln's Inn. Political career At the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Donoghue V Stevenson
was a Lists of landmark court decisions, landmark court decision in Scots delict law and English tort law by the House of Lords. It laid the foundation of the modern law of negligence in Common law jurisdictions worldwide, as well as in Scotland, establishing general principles of the duty of care. Also known as the "Paisley Snail" or "Snail in the Bottle" case, the case involved Mrs May Donoghue drinking a bottle of ginger beer in a café in Paisley, Renfrewshire. Unknown to her or anybody else, a decomposed snail was in the bottle. She fell ill, and subsequently sued the ginger beer manufacturer, Mr Stevenson. The House of Lords held that the manufacturer owed a duty of care to her, which was breached because it was reasonably foreseeable that failure to ensure the product's safety would lead to harm to consumers. There was also a sufficiently proximate relationship between consumers and product manufacturers. Prior to ''Donoghue v Stevenson'', liability for personal injury i ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Kenneth Diplock, Baron Diplock
William John Kenneth Diplock, Baron Diplock, (8 December 1907 – 14 October 1985) was a British barrister and judge who served as a lord of appeal in ordinary between 1968 and until his death in 1985. Appointed to the English High Court in 1956 and the Court of Appeal five years later, Diplock made important contributions to the development of constitutional and public law as well as many other legal fields. A frequent choice for governmental inquiries, he is also remembered for proposing the creation of the eponymous juryless Diplock courts. Of him, Lord Rawlinson of Ewell wrote that "to his generation Diplock was the quintessential man of the law". Early life and legal career Kenneth Diplock was born in South Croydon, the son of solicitor William John Hubert Diplock and his wife Christine Joan Diplock, ''née'' Brooke. He was educated at Whitgift School in Croydon and University College, Oxford, where he read chemistry and graduated with a second-class degree in 1929. He ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Adrian Knox
Sir Adrian Knox KCMG, KC (29 November 186327 April 1932) was an Australian lawyer and judge who served as the second Chief Justice of Australia, in office from 1919 to 1930. Knox was born in Sydney, the son of businessman Sir Edward Knox. He studied law at Trinity College, Cambridge, and after returning to Australia established a successful law firm. He was elected to the New South Wales Legislative Assembly in 1894, but retired in 1898 after just two terms in office. Knox eventually became one of the best known barristers in New South Wales, taking silk in 1906 and appearing frequently in major constitutional cases. In 1919, he was somewhat unexpectedly nominated by Billy Hughes to succeed the retiring Samuel Griffith as Chief Justice. The most famous decision of his tenure was the ''Engineers case'' of 1920. Early life Knox was born in Sydney on 29 November 1863, the son of Sir Edward Knox and the former Martha Rutledge. His mother was born in Ireland, and was the sister of ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Latin Legal Terminology
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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
