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Chose (English Law)
''Chose'' (pronounced: , French for "thing") is a term used in common law tradition to refer to rights in property, specifically a combined bundle of rights. A chose is the enforcement right which a party possesses in an object. The use of ''chose'' extends from the English use of French within the courts. In English and commonwealth law, all personal things fall into one of two categories, either choses in action or choses in possession. English law uses ''chose'' to refer to a bundle of rights, traditionally relating to property which may be utilised in certain circumstances. Thus, a chose in action refers to a bundle of personal rights which can only be enforced or claimed by a chose-holder bringing an action through the court to enforce the action. In English law, this category is enormously wide.Holdsworth, W. S., "The History of the Treatment of Choses in Action by the Common Law", 33 ''Harvard Law Review'' 96 This is contrasted with a chose in possession which is a bundle of ... [...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] |
Seisin
Seisin (or seizin) is a legal concept that denotes the right to legal possession of a thing, usually a fiefdom, fee, or an estate in land. It is similar, but legally separate from the idea of ownership. The term is traditionally used in the context of inheritance law in the form of "the son and heir of X has obtained seisin of his inheritance", and thus is a term primarily concerned with conveyancing. The person holding such estate is said to be "seized of it", a phrase which commonly appears in inquisition post mortem, inquisitions ''post mortem''. It has varying relevance in modern legal systems, with distinctions between Common law and Civil law (legal system), Civil law jurisdictions. Etymology Seisin comes from Middle English , , in the legal sense of . The Old French variations , , are from Low Latin , generally referred to the same source as Gothic language, Gothic , or the Old English , . The French phrase "le mort saisit le vif" ("the dead give seisin to the living") is ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Assignee
Assignment is a legal term used in the context of the laws of contract and of property. In both instances, assignment is the process whereby a person, the ''assignor'', transfers rights or benefits to another, the ''assignee''.For the assignment of claim seTrans-Lex.org/ref> An assignment may not transfer a duty, burden or detriment without the express agreement of the assignee. The right or benefit being assigned may be a gift (such as a waiver) or it may be paid for with a contractual consideration such as money. The rights may be vested or contingent,. and may include an equitable interest. Mortgages and loans are relatively straightforward and amenable to assignment. An assignor may assign rights, such as a mortgage note issued by a third party borrower, and this would require the latter to make repayments to the assignee. A related concept of assignment is novation wherein, by agreement with all parties, one contracting party is replaced by a new party. While novation requ ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Tort
A tort is a civil wrong, other than breach of contract, 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 jurisdictio ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Judicature Acts
In the history of the courts of England and Wales, the Judicature Acts were a series of acts of the Parliament of the United Kingdom, beginning in the 1870s, which aimed to fuse the hitherto split system of courts of England and Wales. The first two acts were the Supreme Court of Judicature Act 1873 ( 36 & 37 Vict. c. 66) and the Supreme Court of Judicature Act 1875 ( 38 & 39 Vict. c. 77), with a further series of amending acts (12 in all by 1899). By the act of 1873 (ss. 3, 4), the Court of Chancery, the Court of King's Bench (known as the Queen's Bench when there is a female sovereign), the Court of Common Pleas, the Court of Exchequer, the High Court of Admiralty, the Court of Probate, and the Court of Divorce and Matrimonial Causes were consolidated into the Supreme Court of Judicature, subdivided into two courts: the "High Court of Justice" ("High Court"), with (broadly speaking) original jurisdiction, and the "Court of Appeal". Besides this restructuring, the o ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Logan V
Logan may refer to: Places * Mount Logan (other) Australia * Logan (Queensland electoral district), an electoral district in the Queensland Legislative Assembly * Logan, Victoria, small locality near St. Arnaud * Logan City, local government area in Queensland ** Shire of Logan, predecessor to Logan City * Logan Lagoon, Flinders Island, Tasmania * Logan River, river flowing into Moreton Bay, Queensland * Logan Village, Queensland, a town and locality within Logan City, Queensland Canada * Mount Logan, Canada's highest mountain * Logan (Manitoba electoral district), former electoral district in the Canadian province of Manitoba * Logan Lake, a district municipality in the Southern Interior of British Columbia United Kingdom * Logan Botanic Garden, Wigtownshire, Scotland * Logan, East Ayrshire, Scotland United States * Logan, Alabama * Logan, Arkansas * Logan, Edgar County, Illinois * Logan Square, Chicago, Illinois * Logan, Dearborn County, Indiana * Logan, ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United States Reports
The ''United States Reports'' () are the official record (law reports) of the Supreme Court of the United States. They include rulings, orders, case tables (list of every case decided), in alphabetical order both by the name of the petitioner (the losing party in lower courts) and by the name of the respondent (the prevailing party below), and other proceedings. ''United States Reports'', once printed and bound, are the final version of judicial opinion, court opinions and cannot be changed. Opinions of the court in each case are prepended with a headnote prepared by the Reporter of Decisions of the Supreme Court of the United States, Reporter of Decisions, and any concurring or dissenting opinions are published sequentially. The Court's Publication Office oversees the binding and publication of the volumes of ''United States Reports'', although the actual printing, binding, and publication are performed by private firms under contract with the United States Government Publishi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Mullane V
Mullane is a surname. Notable people with the surname include * Christopher Mullane (ONZM, MBE, Legion of Merit (USA)), Retired Lieutenant Colonel of the New Zealand Army * Dan Mullane, Irish celebrity chef, television personality, proprietor of The Mustard Seed in Ballingarry, County Limerick * David Mullane, 1990s rugby league footballer * Greg Mullane, Australian rugby league footballer * John Mullane (born 1981), Irish hurler who played as a right corner-forward for the Waterford senior team * Jye Mullane (born 1981), Australian rugby league player * Mike Mullane (born 1945), retired USAF officer and a former NASA astronaut * Patrick Mullane VC (1858–1919), recipient of the Victoria Cross * Tony Mullane Anthony John Mullane (January 30, 1859 – April 25, 1944), nicknamed "Count" and "the Apollo of the Box", was an Irish professional baseball player who pitched for seven major-league teams during 1881–1894. He is best known as a switch pitch ... (1859–1944), Ir ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United States Supreme Court
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that turn on questions of U.S. constitutional or federal law. It also has original jurisdiction over a narrow range of cases, specifically "all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party." In 1803, the Court asserted itself the power of judicial review, the ability to invalidate a statute for violating a provision of the Constitution via the landmark case '' Marbury v. Madison''. It is also able to strike down presidential directives for violating either the Constitution or statutory law. Under Article Three of the United States Constitution, the composition and procedures of the Supreme Court were originally established by the 1st Congress through the Judiciary Act of 1789. As it has si ... [...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] |
Negotiable Instrument
A negotiable instrument is a document guaranteeing the payment of a specific amount of money, either on demand, or at a set time, whose payer is usually named on the document. More specifically, it is a document contemplated by or consisting of a contract, which promises the payment of money without condition, which may be paid either on demand or at a future date. The term has different meanings, depending on its use in the application of different laws and depending on countries and contexts. The word "negotiable" refers to transferability, and " instrument" refers to a document giving legal effect by the virtue of the law. Concept of negotiability William Searle Holdsworth defines the concept of negotiability as follows: #Negotiable instruments are transferable under the following circumstances: they are transferable by delivery where they are made payable to the bearer, they are transferable by delivery and endorsement where they are made payable to order. #Consideration is p ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Pledge (law)
A pledge is a bailment that conveys title to property owned by a debtor (the ''pledgor'') to a creditor (the ''pledgee'') to secure repayment for some debt or obligation and to the mutual benefit of both parties. The term is also used to denote the property which constitutes the security. The pledge is a type of security interest. Pledge is the ''pignus'' of Roman law, from which most of the modern European-based law on the subject is derived, but is generally a feature of even the most basic legal systems. A pledge of personal property is known as a pawn. Features The pledgee has the right of selling the pledge if the pledgor fails to make payment at the stipulated time. No title to a third party purchaser is guaranteed following a wrongful sale except in the case of property passing by delivery, such as money or negotiable securities. In all other cases, persons must show that they are a bona fide purchaser, for (good) value, without notice (BFP). In the case of some type ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
