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Forfeiture (law)
In modern U.S. usage, forfeiture is deprivation or destruction of a right in consequence of the non-performance of some obligation or condition. It can be accidental, and therefore is distinguished from waiver. In the law of England and Wales, the forfeiture rule is the rule of law which prevents a killer from inheriting the estate of a person they have unlawfully killed. The term also refers to the rule in English law under which an insured person who makes a fraudulent insurance claim loses their claim: this rule was derived from common law until the passage of the Insurance Act 2015, which "puts the common law rule of forfeiture on a statutory footing". United States usage Historically, forfeiture of a convict's land and other assets followed on from conviction for certain serious offences (and thus resulted from criminal activity rather than from a failure to act). A striking illustration of the practical effects of this rule is Giles Corey’s refusal to plead, in the Salem Wit ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Waiver
A waiver is the voluntary relinquishment or surrender of some known right or privilege. A waiver is often written, such as a disclaimer that has been accepted, but it may also be spoken between two or more parties. When the right to hold a person liable through a lawsuit is waived, the waiver may be called an exculpatory clause, liability waiver, legal release, or hold harmless clause. In some cases, parties may sign a "non-waiver" contract which specifies that no rights are waived, particularly if a person's actions may suggest that rights are being waived. This is particularly common in insurance. Sometimes the elements of "voluntary" and "known" are established by a legal fiction. In this case, one is presumed to know one's rights and that those rights are voluntarily relinquished if not asserted at the time. In the United States, regulatory agencies of state departments or the federal government may issue waivers to exempt companies from certain regulations. For exa ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Law Of England And Wales
English law is the common law legal system of England and Wales, comprising mainly criminal law and civil law, each branch having its own courts and procedures. The judiciary is independent, and legal principles like fairness, equality before the law, and the right to a fair trial are foundational to the system. Principal elements Although the common law has, historically, been the foundation and prime source of English law, the most authoritative law is statutory legislation, which comprises Acts of Parliament, regulations and by-laws. In the absence of any statutory law, the common law with its principle of '' stare decisis'' forms the residual source of law, based on judicial decisions, custom, and usage. Common law is made by sitting judges who apply both statutory law and established principles which are derived from the reasoning from earlier decisions. Equity is the other historic source of judge-made law. Common law can be amended or repealed by Parliament ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Insurance Claim
Insurance is a means of protection from financial loss in which, in exchange for a fee, a party agrees to compensate another party in the event of a certain loss, damage, or injury. It is a form of risk management, primarily used to protect against the risk of a contingent or uncertain loss. An entity which provides insurance is known as an insurer, insurance company, insurance carrier, or underwriter. A person or entity who buys insurance is known as a policyholder, while a person or entity covered under the policy is called an insured. The insurance transaction involves the policyholder assuming a guaranteed, known, and relatively small loss in the form of a payment to the insurer (a premium) in exchange for the insurer's promise to compensate the insured in the event of a covered loss. The loss may or may not be financial, but it must be reducible to financial terms. Furthermore, it usually involves something in which the insured has an insurable interest established by ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Common Law
Common law (also known as judicial precedent, judge-made law, or case law) is the body of law primarily developed through judicial decisions rather than statutes. Although common law may incorporate certain statutes, it is largely based on precedent—judicial rulings made in previous similar cases. The presiding judge determines which precedents to apply in deciding each new case. Common law is deeply rooted in Precedent, ''stare decisis'' ("to stand by things decided"), where courts follow precedents established by previous decisions. When a similar case has been resolved, courts typically align their reasoning with the precedent set in that decision. However, in a "case of first impression" with no precedent or clear legislative guidance, judges are empowered to resolve the issue and establish new precedent. The common law, so named because it was common to all the king's courts across England, originated in the practices of the courts of the English kings in the centuries fo ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Insurance Act 2015
The Insurance Act 2015 (c. 4) is a United Kingdom act of Parliament which makes significant reforms to insurance law. It came into effect on 12 August 2016, and follows on from the Consumer Insurance (Disclosure and Representations) Act 2012 ("CIDRA"). Both of these new acts are a consequence of the Law Commission's millennium review of the law of insurance in general, and of marine insurance in particular. The Marine Insurance Act 1906 has been amended by these two new acts. The Act's provisions Part 1 * The Insurance Act 2015 distinguishes between "consumer" and "non-consumer" insurance contracts. Parts 2 and 3 apply only to non-consumer insurance contracts. Part 2 addresses the duty of fair presentation, which is a duty in operation before a contract in entered into. * Section 3 imposes upon the insured "a duty to make a fair presentation of the risk" to the insurer. The insured must disclose "(a) every material circumstance which the insured knows or ought to know, or (b) fai ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Giles Corey
Giles Corey ( 16 August 1611 – 19 September 1692) was an English-born farmer who was accused of witchcraft along with his wife Martha Corey during the Salem witch trials in the Province of Massachusetts Bay. After being arrested, Corey refused to enter a guilty or not guilty plea. He was subjected to torture in the form of crushing in an effort to force him to plead, dying after three days of being crushed. Because Corey refused to enter a plea, his estate passed on to his sons instead of being seized by the Massachusetts colonial government. Corey is believed to have died in the field adjacent to the prison that had held him, in what later became the Howard Street Cemetery in Salem, Massachusetts, which opened in 1801. His exact grave location in the cemetery is unmarked and unknown. There is a memorial plaque to him in the nearby Charter Street Cemetery. Pre-trial history Giles Corey was born in Northampton, Northamptonshire. He was baptized in the Holy Sepulchre, Nort ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Salem Witch Trials
The Salem witch trials were a series of hearings and prosecutions of people accused of witchcraft in Province of Massachusetts Bay, colonial Massachusetts between February 1692 and May 1693. More than 200 people were accused. Not everyone who was accused during that time had a known residency; around 151 people, nearly half that were accused, were able to be traced back to twenty-five different New England communities. Thirty people were found guilty, nineteen of whom were executed by hanging (fourteen women and five men). One other man, Giles Corey, died under torture after refusing to enter a plea, and at least five people died in the disease-ridden jails. Arrests were made in numerous towns beyond Salem Village (known today as Danvers, Massachusetts, Danvers) and its regional center Salem, Massachusetts, Salem Town, notably in Andover, Massachusetts, Andover and Topsfield, Massachusetts, Topsfield. The grand juries and trials for this capital crime were conducted by a Cour ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Peine Forte Et Dure
' ( Law French for "hard and forceful punishment") was a method of torture formerly used in the common law legal system, in which a defendant who refused to plead ("stood mute") would be subjected to having heavier and heavier stones placed upon their chest until a plea was entered, or death resulted. Many defendants charged with capital offences would refuse to plead in order to avoid forfeiture of property. If the defendant pleaded either guilty or not guilty and was executed, their heirs would inherit nothing, their property escheating to the state. If they refused to plead their heirs would inherit their estate, even if they died in the process. Legal background At the beginning of the thirteenth century, criminal cases in England could be tried either by ordeal or by judicial combat. Priests were involved in trials by ordeal, e.g. in heating the iron which the accused had to hold (and possibly letting it cool before the accused had to seize it). In 1215 the Fourth Latera ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
In Personum Jurisdiction
Personal jurisdiction is a court's jurisdiction over the ''parties'', as determined by the facts in evidence, which bind the parties to a lawsuit, as opposed to subject-matter jurisdiction, which is jurisdiction over the ''law'' involved in the suit. Without personal jurisdiction over a party, a court's rulings or decrees cannot be enforced upon that party, except by comity; i.e., to the extent that the sovereign which has jurisdiction over the party allows the court to enforce them upon that party. A court that has ''personal'' jurisdiction has both the authority to rule on the law and facts of a suit and the power to enforce its decision upon a party to the suit. In some cases, territorial jurisdiction may also constrain a court's reach, such as preventing hearing of a case concerning events occurring on foreign territory between two citizens of the home jurisdiction. A similar principle is that of standing or ''locus standi'', which is the ability of a party to demonstrate to t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
In Rem Jurisdiction
In law, ''in rem'' jurisdiction (Law Latin for "power about or against 'the thing) is a legal term referring to the power a court may exercise over property (either real or personal) or a "status" against a person over whom the court does not have ''in personam'' jurisdiction. Jurisdiction ''in rem'' assumes the property or status is the primary object of the action, rather than personal liabilities not necessarily associated with the property. United States Within the U.S. federal court system, jurisdiction ''in rem'' typically refers to the power a federal court may exercise over large items of immoveable property, or real property, located within the court's jurisdiction. The most frequent circumstance in which this occurs in the Anglo-American legal system is when a suit is brought in admiralty law against a vessel to satisfy debts arising from the operation or use of that vessel. Within the American state court systems, jurisdiction ''in rem'' may refer to the power the s ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United States V
United may refer to: Places * United, Pennsylvania, an unincorporated community * United, West Virginia, an unincorporated community Arts and entertainment Films * ''United'' (2003 film), a Norwegian film * ''United'' (2011 film), a BBC Two film * ''The United'' (film), an unreleased Arabic-language film Literature * ''United!'' (novel), a 1973 children's novel by Michael Hardcastle Music * United (band), Japanese thrash metal band formed in 1981 Albums * ''United'' (Commodores album), 1986 * ''United'' (Dream Evil album), 2006 * ''United'' (Marvin Gaye and Tammi Terrell album), 1967 * ''United'' (Marian Gold album), 1996 * ''United'' (Phoenix album), 2000 * ''United'' (Woody Shaw album), 1981 Songs * "United" (Judas Priest song), 1980 * "United" (Prince Ital Joe and Marky Mark song), 1994 * "United" (Robbie Williams song), 2000 * "United", a song by Danish duo Nik & Jay featuring Lisa Rowe * "United (Who We Are)", a song by XO-IQ, featured in the television se ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Racketeer Influenced And Corrupt Organizations Act
The Racketeer Influenced and Corrupt Organizations (RICO) Act is a United States federal law that provides for extended criminal penalties and a civil cause of action for acts performed as part of an ongoing criminal organization. RICO was enacted by Title IX of the Organized Crime Control Act, Organized Crime Control Act of 1970 (), and is codified at as . This article primarily covers the federal criminal statute, but since 1972, 33 U.S. states and territories have adopted state RICO laws, which although similar, cover additional state crimes and may differ from the federal law and each other in several respects. History G. Robert Blakey, an adviser to the United States Senate Committee on Homeland Security and Governmental Affairs, United States Senate Government Operations Committee, drafted the law under the close supervision of Senator John L. McClellan, the Chairman of the Criminal Law and Procedures Subcommittee of the Senate Judiciary Committee. It was signed i ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
