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Rei Vindicatio
In law, () is a legal action by which the plaintiff demands that the defendant return a thing that belongs to the plaintiff. It may be used only when the plaintiff owns the thing, and the defendant has wrongly claimed or assumed possession of the same thing, and is currently impeding the plaintiff's possession of the thing. (reprinted in 1991) The plaintiff could also institute an (a personal action) to punish the defendant. If the thing could not be recovered, the plaintiff could claim damages from the defendant with the aid of the (a personal action). With the aid of the (a personal action), the plaintiff could claim damages from the defendant. The term originated in ancient Roman law. It was derived from the , and therefore was available only to Roman citizens. Specification of the thing The function of ''rei vindicatio'' remains the same in most modern legal systems as it was in ancient Rome. However, Roman law was much more particular about the specification of t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Legal Action
In legal terminology, a complaint is any formal legal document that sets out the facts and legal reasons (see: cause of action) that the filing party or parties (the plaintiff(s)) believes are sufficient to support a claim against the party or parties against whom the claim is brought (the defendant(s)) that entitles the plaintiff(s) to a remedy (either money damages or injunctive relief). For example, the Federal Rules of Civil Procedure (FRCP) that govern civil litigation in United States courts provide that a civil action is commenced with the filing or service of a pleading called a complaint. Civil court rules in states that have incorporated the Federal Rules of Civil Procedure use the same term for the same pleading. In Civil Law, a "complaint" is the first formal action taken to officially begin a lawsuit. This written document contains the allegations against the defense, the specific laws violated, the facts that led to the dispute, and any demands made by t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Romanist
{{disambiguation ...
Romanist may refer to: * A person who studies the history of Rome * A historian or archaeologist who specialises in Ancient Rome * A person who is a student of the Romance languages * A Netherlandish painter painting in the Romanist style * Romanist, a derogatory term for a Roman Catholic * Historically, someone perceived to be in favor of Rome Rule in Ireland, as a pejorative * A modern worshipper of the Roman gods The Roman deities most widely known today are those the Romans identified with Greek counterparts, integrating Greek myths, iconography, and sometimes religious practices into Roman culture, including Latin literature, Roman art, and relig ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
In Rem
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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Bailment
Bailment is a legal relationship in common law, where the owner of personal property ("chattel") transfers physical possession of that property to another, who holds the property for a certain purpose, but retains ownership. The owner who surrenders custody of a property is called the "bailor" and the individual who accepts the property is called a "bailee". The bailee is the person who possesses the personal property in trust for the owner for a set time and for a precise reason and who delivers the property back to the owner when they have accomplished the purpose that was initially intended. General Bailment is distinguished from a contract of sale or a gift of property, as it only involves the transfer of possession and not its ownership. To create a bailment, the bailee must both intend to possess, and actually physically possess, the bailable chattel for example a car mechanic business when a car has been dropped off for repair. Although a bailment relationship is o ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Conversion (law)
Conversion is an intentional tort consisting of "taking with the intent of exercising over the Personal property, chattel an ownership inconsistent with the real owner's right of possession". In England and Wales, it is a tort of strict liability. Its equivalents in criminal law include larceny or theft and criminal conversion. In those jurisdictions that recognise it, criminal conversion is a lesser crime than theft/larceny. Examples of conversion include: 1) Atamba cuts down and hauls away trees on land s/he knows is owned by Tonny, without permission or privilege to do so; and 2) Anthony takes furniture belonging to Delta and puts it into storage, without Delta's consent (and especially if Delta does not know where Anthony put it). A common act of conversion in medieval times involved bolts of cloth that were bailment, bailed for safekeeping, which the bailee or a third party took and made clothes for their own use or for sale. Many questions concerning joint ownership in en ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Detinue
In tort law, detinue () is an action to recover for the wrongful taking of personal property. It is initiated by an individual who claims to have a greater right to their immediate possession than the current possessor. For an action in detinue to succeed, a claimant must first prove that he had better right to possession of the chattel than the defendant, and second, that the defendant refused to return the chattel once demanded by the claimant. Detinue allows for a remedy of damages for the value of the chattel, but unlike most other interference torts, detinue also allows for the recovery of the specific chattel being withheld. History Historically, detinue came in two forms: "detinue sur bailment" and "detinue sur trover". *In detinue sur bailment, the defendant is in a bailment relationship with the claimant and either refuses to return the chattel or else has negligently or intentionally lost or destroyed it. The onus is on the bailee to prove that the loss of the ch ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Trover
Trover () is a form of lawsuit in common law jurisdictions for recovery of damages for wrongful taking of personal property. Trover belongs to a series of remedies for such wrongful taking, its distinctive feature being recovery only for the value of whatever was taken, not for the recovery of the property itself (see replevin). Overview Although actions in trover can be traced to the time of Bracton, and later Edward I of England, it became more clearly defined later during the reign of Henry VI of England, 1422–1461 and 1470–1471. Action in trover became a mature legal doctrine during the reign of Elizabeth I of England, 1558–1603. Early trover cases involved the keeping or taking of a bailment by the bailee (the person charged to hold the property with "ordinary care"). Others concerned the use of lost chattels found by another and determining who was the real owner. Early on, there was difficulty in dealing with situations where chattels held by a bailee were used by a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Replevin
Replevin () or claim and delivery (sometimes called revendication) is a legal remedy which enables a person to recover personal property taken wrongfully or unlawfully, and to obtain compensation for resulting losses. Etymology The word "replevin" is of Anglo-Norman origin and is the noun form of the verb "replevy". This comes from the Old French , derived from ("to pledge"), which is derived from the Latin ("to redeem a thing taken by another"). Nature In ''The Law of Torts'', John Fleming has written: In common law, several types of action existed with respect to deprivation of possession (being subdivided into the wrongful taking of chattels and the unjust detention of them, even where the original taking was lawful): * In the case of wrongful taking: ** A writ of replevin was available only for an unlawful taking in the nature of a wrongful distress, where restitution could be made for the goods wrongfully taken (being in the nature of a redelivery of the pledge or the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Theory Of Forms
The Theory of Forms or Theory of Ideas, also known as Platonic idealism or Platonic realism, is a philosophical theory credited to the Classical Greek philosopher Plato. A major concept in metaphysics, the theory suggests that the physical world is not as real or true as Forms. According to this theory, Forms—conventionally capitalized and also commonly translated as Ideas—are the timeless, absolute, non-physical, and unchangeable essences of all things, which objects and matter in the physical world merely participate in, imitate, or resemble. In other words, Forms are various abstract ideals that exist even outside of human minds and that constitute the basis of reality. Thus, Plato's Theory of Forms is a type of philosophical realism, asserting that certain ideas are literally real, and a type of idealism, asserting that reality is fundamentally composed of ideas, or abstract objects. Plato describes these entities only through the characters (primarily Socrates) in ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Peripateticism
The Peripatetic school ( ) was a philosophical school founded in 335 BC by Aristotle in the Lyceum in ancient Athens. It was an informal institution whose members conducted philosophical and scientific inquiries. The school fell into decline after the middle of the 3rd century BC, but had a revival in the Roman Empire. History The term ''peripatetic'' is a transliteration of the Ancient Greek word , meaning 'of walking' or 'given to walking about'. The Peripatetic school, founded by Aristotle, was actually known simply as the Peripatos. Aristotle's school came to be so named because of the ('walkways', some covered or with colonnades) of the Lyceum where the members met. The legend that the name came from Aristotle's alleged habit of walking while lecturing may have started with Hermippus of Smyrna. Unlike Plato (born BC, died 348 BC), Aristotle was not a citizen of Athens, and could not own property; he and his colleagues therefore used the grounds of the Lyceum as ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Aristotle
Aristotle (; 384–322 BC) was an Ancient Greek philosophy, Ancient Greek philosopher and polymath. His writings cover a broad range of subjects spanning the natural sciences, philosophy, linguistics, economics, politics, psychology, and the arts. As the founder of the Peripatetic school of philosophy in the Lyceum (classical), Lyceum in Athens, he began the wider Aristotelianism, Aristotelian tradition that followed, which set the groundwork for the development of modern science. Little is known about Aristotle's life. He was born in the city of Stagira (ancient city), Stagira in northern Greece during the Classical Greece, Classical period. His father, Nicomachus (father of Aristotle), Nicomachus, died when Aristotle was a child, and he was brought up by a guardian. At around eighteen years old, he joined Plato's Platonic Academy, Academy in Athens and remained there until the age of thirty seven (). Shortly after Plato died, Aristotle left Athens and, at the request ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
