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Common Recovery
A common recovery was a legal proceeding in England that enabled lawyers to convert an entailed estate (a form of land ownership also called a fee tail) into absolute ownership, fee simple. This was accomplished through the use of a series of collusive legal procedures, some parts of which were fictional and others unenforceable (and therefore null). It was devised and perfected by lawyers in the second half of the fifteenth century. A 1472 case, known as ''Taltarum's Case'', increased its popularity. Background Entails were originally designed to keep ownership of land within a family. Thanks to the effects of the statute ''De donis conditionalibus'', the intent of the entail could not be broken. This meant that land in fee tail could not simply be sold, transferred, or mortgaged as, whatever the current owner did with it, ownership would automatically pass on their death to those specified by the entail. While entails performed a valuable function in the 13th century, when ...
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Legal
Law is a set of rules that are created and are law enforcement, enforceable by social or governmental institutions to regulate behavior, with its precise definition a matter of longstanding debate. It has been variously described as a Social science#Law, science and as the art of justice. State-enforced laws can be made by a legislature, resulting in statutes; by the executive through decrees and regulations; or by judges' decisions, which form precedent in common law jurisdictions. An autocrat may exercise those functions within their realm. The creation of laws themselves may be influenced by a constitution, written or tacit, and the rights encoded therein. The law shapes politics, economics, history and society in various ways and also serves as a mediator of relations between people. Legal systems vary between Jurisdiction (area), jurisdictions, with their differences analysed in comparative law. In Civil law (legal system), civil law jurisdictions, a legislature or othe ...
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Court Of Equity
A court of equity, also known as an equity court or chancery court, is a court authorized to apply principles of Equity (law), equity rather than principles of law to cases brought before it. These courts originated from petitions to the Lord Chancellor, Lord Chancellor of England and primarily heard claims for relief other than damages, such as specific performance and Prerogative writ, extraordinary writs. Over time, most equity courts merged with courts of law, and the adoption of various Acts granted courts combined jurisdiction to administer common law and equity concurrently. Courts of equity are now recognized for complementing the common law by addressing its shortcomings and promoting justice. In the early years of the United States, some states followed the English law, English tradition of maintaining separate courts for law and equity. Others combined both types of jurisdiction in their courts, as the United States Congress, US Congress did for Federal judiciary of the ...
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Legal History Of England
Law is a set of rules that are created and are enforceable by social or governmental institutions to regulate behavior, with its precise definition a matter of longstanding debate. It has been variously described as a science and as the art of justice. State-enforced laws can be made by a legislature, resulting in statutes; by the executive through decrees and regulations; or by judges' decisions, which form precedent in common law jurisdictions. An autocrat may exercise those functions within their realm. The creation of laws themselves may be influenced by a constitution, written or tacit, and the rights encoded therein. The law shapes politics, economics, history and society in various ways and also serves as a mediator of relations between people. Legal systems vary between jurisdictions, with their differences analysed in comparative law. In civil law jurisdictions, a legislature or other central body codifies and consolidates the law. In common law systems, judges m ...
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Legal Fictions
A legal fiction is a construct used in the law where a thing is taken to be true, which is not in fact true, in order to achieve an outcome. Legal fictions can be employed by the courts or found in legislation. Legal fictions are different from legal presumptions which assume a certain state of facts until the opposite is proved, such as the presumption of legitimacy. The term ''legal fiction'' is sometimes used in a pejorative way. Jeremy Bentham was a famous historical critic of legal fictions. Proponents of legal fictions, particularly of their use historically, identify legal fictions as " scaffolding around a building under construction". Common law examples Adoption Child adoption is a legal fiction in that the adoptive parents become the legal parents, notwithstanding the lack of a biological relationship. Once an order or judgment of adoption is entered, the biological parents become legal strangers to the child, legally no longer related nor with any rights related t ...
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Footnotes
In publishing, a note is a brief text in which the author comments on the subject and themes of the book and names supporting citations. In the editorial production of books and documents, typographically, a note is usually several lines of text at the bottom of the page, at the end of a chapter, at the end of a volume, or a house-style typographic usage throughout the text. Notes are usually identified with superscript numbers or a symbol.''The Oxford Companion to the English Language'' (1992) p. 709. Footnotes are informational notes located at the foot of the thematically relevant page, whilst endnotes are informational notes published at the end of a chapter, the end of a volume, or the conclusion of a multi-volume book. Unlike footnotes, which require manipulating the page design (text-block and page layouts) to accommodate the additional text, endnotes are advantageous to editorial production because the textual inclusion does not alter the design of the publication. H ...
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East Sussex
East Sussex is a Ceremonial counties of England, ceremonial county in South East England. It is bordered by Kent to the north-east, West Sussex to the west, Surrey to the north-west, and the English Channel to the south. The largest settlement is the city of Brighton and Hove, and the county town is Lewes. The county has an area of and a population of 822,947. The latter is largely concentrated along the coast, where the largest settlements are located: Brighton and Hove (277,105), Eastbourne (99,180), and Hastings (91,490). The centre and north of the county are largely rural, and the largest settlement is Crowborough (21,990). For Local government in England, local government purposes, East Sussex comprises a non-metropolitan county, with five districts, and the Unitary authorities of England, unitary authority of Brighton and Hove. East Sussex and West Sussex Historic counties of England, historically formed a single county, Sussex. The northeast of East Sussex is part of ...
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Justiciability
Justiciability concerns the limits upon legal issues over which a court can exercise its judicial authority. It includes, but is not limited to, the legal concept of standing, which is used to determine if the party bringing the suit is a party appropriate to establishing whether an actual adversarial issue exists. Essentially, justiciability seeks to address whether a court possesses the ability to provide adequate resolution of the dispute; where a court believes that it cannot offer such a final determination, the matter is not justiciable. In the United States Federal courts Justiciability relates to the several factors federal courts use to determine whether they have authority to hear the cases brought before them. Rules regarding justiciability can be of either a constitutional or prudential nature. The constitutional rules stem from express or implicit powers and limitations given to the federal courts under Article III. The prudential rules arise from contextual ...
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Ejectment
Ejectment is a common law term for civil action to recover the possession of or title to land. It replaced the old real actions and the various possessory assizes (denoting county-based pleas to local sittings of the courts) where boundary disputes often featured. Though still used in some places, the term is now obsolete in many common law jurisdictions, in which possession and title are sued by the actions of eviction Eviction is the removal of a Tenement (law), tenant from leasehold estate, rental property by the landlord. In some jurisdictions it may also involve the removal of persons from premises that were foreclosure, foreclosed by a mortgagee (often ... (also called possession proceedings) and quiet title (or injunctive and/or declaratory relief), respectively. Originally, successful ejectment meant recovery of possession of land, for example against a defaulting tenant or a trespasser, who did not have (or once had but no longer does) any right to remain ther ...
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Fine Of Lands
Fine may refer to: Characters * Fran Fine, the title character of ''The Nanny'' * Sylvia Fine (''The Nanny''), Fran's mother on ''The Nanny'' * Officer Fine, a character in ''Tales from the Crypt'', played by Vincent Spano Legal terms * Fine (penalty), money to be paid as punishment for an offence * Fine on alienation, a sum of money paid to a feudal lord when a tenant had occasion to make over his land to another * Fine of lands, an obsolete type of land conveyance to a new owner * Fine, a dated term for a premium on a lease of land Music * Fine (band), a late 1990s American band * ''Fine'' (album), a 1994 album by Snailhouse * "Fine" (Taeyeon song), 2017 * "Fine" (Whitney Houston song), 2000 * " F.I.N.E.*", a 1993 song by Aerosmith * "Fine", a song by James from the 2001 album '' Pleased to Meet You'' * "Fine", a song by Kacey Musgraves from the 2015 album '' Pageant Material'' * "Fine", a song by Kylie Minogue from the 2014 album '' Kiss Me Once'' * "Fine", a song by ...
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Estate (law)
In common law, an estate is a living or deceased person's net worth. It is the sum of a person's assets – the legal rights, interests, and entitlements to property of any kind – less all liabilities at a given time. The issue is of special legal significance on a question of bankruptcy and death of the person. (See inheritance.) Depending on the particular context, the term is also used in reference to an estate in land or of a particular kind of property (such as real estate or personal estate). The term is also used to refer to the sum of a person's assets only. The equivalent in civil law legal systems is patrimony. Bankruptcy Under United States bankruptcy law, a person's estate consists of all assets or property of any kind available for distribution to creditors. However, some assets are recognized as exempt to allow a person significant resources to restart their financial life. In the United States, asset exemptions depend on various factors, inclu ...
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Parish
A parish is a territorial entity in many Christianity, Christian denominations, constituting a division within a diocese. A parish is under the pastoral care and clerical jurisdiction of a priest#Christianity, priest, often termed a parish priest, who might be assisted by one or more curates, and who operates from a parish church. Historically, a parish often covered the same geographical area as a Manorialism, manor. Its association with the parish church remains paramount. By extension the term ''parish'' refers not only to the territorial entity but to the people of its community or congregation as well as to church property within it. In England this church property was technically in ownership of the parish priest ''Ex officio member, ex officio'', vested in him on his institution to that parish. Etymology and use First attested in English in the late 13th century, the word ''parish'' comes from the Old French , in turn from , the Romanization of Greek, Romanisation of ...
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England
England is a Countries of the United Kingdom, country that is part of the United Kingdom. It is located on the island of Great Britain, of which it covers about 62%, and List of islands of England, more than 100 smaller adjacent islands. It shares Anglo-Scottish border, a land border with Scotland to the north and England–Wales border, another land border with Wales to the west, and is otherwise surrounded by the North Sea to the east, the English Channel to the south, the Celtic Sea to the south-west, and the Irish Sea to the west. Continental Europe lies to the south-east, and Ireland to the west. At the 2021 United Kingdom census, 2021 census, the population was 56,490,048. London is both List of urban areas in the United Kingdom, the largest city and the Capital city, capital. The area now called England was first inhabited by modern humans during the Upper Paleolithic. It takes its name from the Angles (tribe), Angles, a Germanic peoples, Germanic tribe who settled du ...
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