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Legal Doublet
A legal doublet is a standardized phrase used frequently in English legal language consisting of two or more words that are irreversible binomials and frequently synonyms, usually connected by "and", such as "null and void". The order of the words cannot be reversed, as it would be particularly unusual to ask someone to ''desist and cease'' or to have property owned ''clear and free''; these common legal phrases are universally known as ''cease and desist'' and ''free and clear''. The doubling—and sometimes even tripling—often originates in the transition from use of one language for legal purposes to another: in Britain, from a native English term to a Latin or Law French term; in Romance-speaking countries, from Latin to the vernacular. To ensure understanding, the terms from both languages were used. This reflected the interactions between Germanic and Roman law following the decline of the Roman Empire. These phrases are often pleonasms and form irreversible binomials. In ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Phrase
In syntax and grammar, a phrase is a group of words or singular word acting as a grammatical unit. For instance, the English expression "the very happy squirrel" is a noun phrase which contains the adjective phrase "very happy". Phrases can consist of a single word or a complete sentence. In theoretical linguistics, phrases are often analyzed as units of syntactic structure such as a constituent. Common and technical use There is a difference between the common use of the term ''phrase'' and its technical use in linguistics. In common usage, a phrase is usually a group of words with some special idiomatic meaning or other significance, such as "all rights reserved", "economical with the truth", "kick the bucket", and the like. It may be a euphemism, a saying or proverb, a fixed expression, a figure of speech, etc.. In linguistics, these are known as phrasemes. In theories of syntax, a phrase is any group of words, or sometimes a single word, which plays a particular role within ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Breaking And Entering
Burglary, also called breaking and entering and sometimes housebreaking, is the act of entering a building or other areas without permission, with the intention of committing a criminal offence. Usually that offence is theft, robbery or murder, but most jurisdictions include others within the ambit of burglary. To commit burglary is to ''burgle'', a term back-formed from the word ''burglar'', or to ''burglarize''. Etymology Sir Edward Coke (1552–1634) explains at the start of Chapter 14 in the third part of ''Institutes of the Lawes of England'' (pub. 1644), that the word ''Burglar'' ("''or the person that committeth burglary''"), is derived from the words ''burgh'' and ''laron'', meaning ''house-thieves''. A note indicates he relies on the ''Brooke's case'' for this definition. According to one textbook, the etymology originates from Anglo-Saxon or Old English, one of the Germanic languages. (Perhaps paraphrasing Sir Edward Coke:) "The word ''burglar'' comes from the two Ge ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Waif And Stray
Waif and stray was a legal privilege commonly granted by the Crown to landowners under Anglo-Norman law. It usually appeared as part of a standard formula in charters granting privileges to estate-holders, along the lines of "with sac and soc, toll and team, infangthief and outfangthief" and so on. A ''waif'' was an item of ownerless and unclaimed property found on a landowner's territory, while a ''stray'' referred to a domestic animal that had wandered onto the same land. Both terms originated from Anglo-Norman French. A grant of waif and stray permitted the landowner to take ownership of such goods or animals if they remained unclaimed after a set period of time. In later centuries, the expression "waifs and strays" came to be used as metaphors for – and ultimately became synonymous with – abandoned or neglected children. See also * Estray Estray, in law, is any domestic animal found wandering at large or lost, particularly if the owner is unknown. In most cases this inc ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Toll And Team
Toll and team (also spelled ''thol and theam'') were related privileges granted by the Crown to landowners under Anglo-Saxon and Anglo-Norman law. First known from a charter of around 1023, the privileges usually appeared as part of a standard formula in charters granting privileges to estate-holders, along the lines of "with sac and soc, toll and team, infangthief and outfangthief" and so on. ''Toll'' was the right granted to a landowner to impose a payment on the sale or passage of goods or cattle on his lands, or alternatively to be exempt from the tolls of others. ''Team'' was originally a grant of jurisdiction, allowing the holding of a court to judge people accused of wrongful possession of goods or cattle, or granting the right to obtain the profits from such a court. The term has the literal meaning in Old English of "line", referring to the tracing of a line of ownership. By the 12th century, however, the original meaning had largely been forgotten as the institution of tea ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Terms And Conditions
A contractual term is "any provision forming part of a contract". Each term gives rise to a contractual obligation, the breach of which may give rise to litigation. Not all terms are stated expressly and some terms carry less legal gravity as they are peripheral to the objectives of the contract. The terms of a contract are the essence of a contract, and tell the reader what the contract will do. For instance, the price of a good, the time of its promised delivery and the description of the good will all be terms of the contract. Classification of term Condition or Warranty Conditions are major provision terms that go to the very root of a contract breach of which means there has been substantial failure to perform a basic element in the agreement. Breach of a condition will entitle the innocent party to terminate the contract. A warranty is less imperative than a condition, so the contract will survive a breach. Breach of either a condition or a warranty will give rise to dam ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Sac And Soc
__NOTOC__ The term ''soke'' (; in Old English: ', connected ultimately with ', "to seek"), at the time of the Norman conquest of England, generally denoted "jurisdiction", but its vague usage makes it probably lack a single, precise definition. Anglo-Saxon origins The phrase 'Sac and soc' was used in early English for the right to hold a courtG. M. Trevelyan, ''History of England'' (London 1926) p. 92 (the primary meaning of 'soc' seems to have involved ''seeking''; thus ''soka faldae'' was the duty of seeking the lord's court, just as ' was the duty of seeking the lord's mill). According to many scholars, such as Stenton and Finberg, "... the Danelaw was an especially ‘free’ area of Britain because the rank and file of the Danish armies, from whom sokemen were descended, had settled in the area and imported their own social system." Royal grants of sac and soc are seen by historians like Vinogradoff as opening the way for the replacement of national by local justice, throu ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Null And Void
In law, void means of no legal effect. An action, document, or transaction which is void is of no legal effect whatsoever: an absolute nullity—the law treats it as if it had never existed or happened. The term void ''ab initio'', which means "to be treated as invalid from the outset", comes from adding the Latin phrase ''ab initio'' (from the beginning) as a qualifier. For example, in many jurisdictions where a person signs a contract under duress, that contract is treated as being void ''ab initio''. The frequent combination "null and void" is a legal doublet. The term is frequently used in contradistinction to the term "voidable" and "unenforceable". Definitions '' Black's Law Dictionary'' defines 'void' as: In the case of a contract, this means there is no legal obligation, therefore there can be no breach of contract since the contract is null, but there may be an implied contract which requires the recipient of goods or services provided to pay their reasonable value. ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Metes And Bounds
Metes and bounds is a system or method of describing land, real property (in contrast to personal property) or real estate. The system has been used in England for many centuries and is still used there in the definition of general boundaries. The system is also used in the Canadian province of Ontario, and throughout Canada for the description of electoral districts. By custom, it was applied in the original Thirteen Colonies that became the United States and in many other land jurisdictions based on English common law, including Zimbabwe, South Africa, India and Bangladesh. While still in hand-me-down use, this system has been largely overtaken in the past few centuries by newer systems such as rectangular (government survey) and lot and block (recorded plat). Typically the system uses physical features of the local geography, along with directions and distances, to define and describe the boundaries of a parcel of land. The boundaries are described in a running prose style, work ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Law And Order (politics)
In modern politics, law and order is the approach focusing on harsher enforcement and penalties as ways to reduce crime. Penalties for perpetrators of disorder may include longer terms of imprisonment, mandatory sentencing, three-strikes laws and even capital punishment in some countries. This has been credited with facilitating greater militarisation of police and contributing to mass incarceration in the United States. Supporters of "law and order" argue that incarceration is the most effective means of crime prevention. Opponents argue that a system of harsh criminal punishment is ultimately ineffective because it self-perpetuates crime and does not address underlying or systemic causes of crime. Despite the widespread popularity of "law and order" ideas and approaches between the 1960s to the 1980s exemplified by presidential candidates including Richard Nixon and Ronald Reagan running successfully on a "tough-on-crime" platform, statistics on crime showed a significa ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Infangthief And Outfangthief
Infangthief and outfangthief were privileges granted to feudal lords (and various corporate bodies such as abbeys and cities) under Anglo-Saxon law by the kings of England. They permitted their bearers to execute summary justice (including capital punishment) on thieves within the borders of their own manors or fiefs.. The terms are frequently attested in royal writs and charters using formulas such as " sake and soke, toll and team, and infangthief", which specified the usual rights accompanying grants of land. Scope ''Infangthief'' ( ang, infangene-þēof,. . "thief seized within") applied to thieves captured within a landowner's estate, although it sometimes permitted them to be chased in other jurisdictions and brought back for trial. Under the 13th-century " laws of Edward the Confessor", the privilege was restricted to the lord's "own thief"—that is, the lord's serfs and staff. According to Bracton, the privilege was further restricted to those caught ''in flagrante delict ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Hue And Cry
In common law, a hue and cry is a process by which bystanders are summoned to assist in the apprehension of a criminal who has been witnessed in the act of committing a crime. History By the Statute of Winchester of 1285, 13 Edw. I statute 2. capitulum 4, it was provided that anyone, either a constable or a private citizen, who witnessed a crime shall make hue and cry, and that the hue and cry must be kept up against the fleeing criminal from town to town and from county to county, until the felon is apprehended and delivered to the sheriff. All able-bodied men, upon hearing the shouts, were obliged to assist in the pursuit of the criminal, which makes it comparable to the '' posse comitatus''. It was moreover provided that "the whole hundred … shall be answerable" for the theft or robbery committed, in effect a form of collective punishment. Those who raised a hue and cry falsely were themselves guilty of a crime. The oath of office for constables in Tennessee, USA specifical ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
