|
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 ''cease and desist''. The order of the words cannot be reversed, as it would be seen as particularly unusual to ask someone to ''desist and cease'' or to have property owned ''clear and free'' rather than the standard '' free and clear'' term. The doubling—and sometimes even tripling—often originates in the transition from use of one language for legal purposes to another. Situations include in Britain, where a native English term is joined to a Latin or Law French term, and in Romance-speaking countries, where a Latin term is joined to the vernacular. To ensure understanding, the terms from both languages were retained and used together. This reflected the interactions between Germanic and Roman law following the decline of the Roman Empire. These phrases are often ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Phrase
In grammar, a phrasecalled expression in some contextsis a group of words or singular word acting as a grammatical unit. For instance, the English language, 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 (linguistics), constituent. 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 w ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Accord And Satisfaction
Accord and satisfaction is a contract law concept about the purchase of the release from a debt obligation. It is one of the methods by which parties to a contract may terminate their agreement. The release is completed by the transfer of valuable consideration that must not be the actual performance of the obligation itself. The accord is the agreement to discharge the obligation and the satisfaction is the legal "consideration" which binds the parties to the agreement. A valid accord does not discharge the prior contract; instead it suspends the right to enforce it in accordance with the terms of the accord contract, in which satisfaction, or performance of the contract will discharge both contracts (the original and the accord). If the creditor breaches the accord, then the debtor will be able to bring up the existence of the accord in order to enjoin any action against him. If a person is sued over an alleged debt, that person bears the burden of proving the affirmative defense ... [...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 law, 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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Marque And Reprisal
A letter of marque and reprisal () was a government license in the Age of Sail that authorized a private person, known as a privateer or corsair, to attack and capture vessels of a foreign state at war with the issuer, licensing international military operations against a specified enemy as reprisal for a previous attack or injury. Captured naval prizes were judged before the government's admiralty court for condemnation and transfer of ownership to the privateer. A common practice among Europeans from the late Middle Ages to the 19th century, cruising for enemy prizes with a letter of marque was considered an honorable calling that combined patriotism and profit. Such legally authorized privateering contrasted with unlicensed captures of random ships, known as piracy, which was universally condemned. In practice, the differences between privateers and pirates were sometimes slight, even merely a matter of interpretation. The terms "letter of marque" and "privateer" were s ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Law And Order (politics)
In modern politics, "law and order" is an ideological 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. Supporters of "law and order" argue that harsh punishment 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. They furthermore credit it with facilitating greater militarisation of police and contributing to mass incarceration in the United States. 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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Joint And Several Liability
Where two or more persons are liable in respect of the same liability, in most common law legal systems they may either be: * severally liable, or * jointly liable, or * jointly and severally liable. Several liability In several or proportionate liability, parties are liable only for their own obligations. : ''Example: AnyBank and AnotherBank join as a syndicate to lend to Credit-Hungry Industries, Inc. The agreement provides that each bank is severally liable for its own part of the loan. AnyBank fails to advance its agreed part of the loan: Credit-Hungry can sue only AnyBank, and AnotherBank has no liability.'' Joint liability If parties have joint liability, each of them is liable up to the full amount of the relevant obligation. : ''Example: Alex and Bobbie are married. Together they take a loan from a bank and the loan agreement specifies that they are to be jointly liable for the full amount. Alex moves overseas and ceases to make payments. The bank is entitled to sue ... [...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'' (,. . "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 '' Leges Edwardi Confessoris'', the privilege was restricted to the lord's "own thief"—that is, the lord's serfs and staff. According to Henry de Bracton, the privilege was further restricted to those caught '' in flagrante delicto'' or in ... [...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. 1. St. 2. c. 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 between the ages of fifteen and sixty, 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 hue and cry was utilized ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
High Crimes And Misdemeanors
The charge of high crimes and misdemeanors covers allegations of misconduct by officials. Offenses by officials also include ordinary crimes, but perhaps with different standards of proof and punishment than for non-officials, on the grounds that more is expected of officials by their oaths of office. United Kingdom The impeachment of the King's Chancellor, Michael de la Pole, 1st Earl of Suffolk in 1386 was the first case to use this charge. One charge under this heading alleged that de la Pole broke a promise to Parliament to follow the advice of a committee regarding improvement of the kingdom. Another charge said that because he failed to pay a ransom for Ghent, the city fell to the French. The 1450 impeachment of William de la Pole, 1st Duke of Suffolk, a descendant of Michael, was the next to allege charges under this title. He was charged with using his influence to obstruct justice as well as cronyism and wasting public money. Other charges against him included act ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Butts And Bounds
Butts and bounds, shortened form for "abuttals and boundaries" of a property, are the boundary lines delineated between plots of land, usually those which define the end of an estate, as used in legal deeds, titles, etc. These are usually descriptive features in the property, such as trees, outcroppings of stone, or riverine brooks, etc., and are signified in the legal deed for purposes of identification. Historical uses The practice of signifying butts and bounds in the sale of real estate and in legal deeds and contracts is an ancient practice, having attestation in the Hebrew Bible. In the episode of Abraham who purchased the Cave of Machpelah, field of Ephron in , and where it describes the cave and the trees in the outermost bounds of the property, the Sages of Israel learnt thereby that he that sells his field must write in the deed its landmarks and boundaries. According to rabbinic tradition, Joshua, when dividing the Land of Canaan among the twelve tribes of Israel, pla ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Breaking And Entering
Burglary, also called breaking and entering (B&E) or housebreaking, is a property crime involving the illegal entry into a building or other area without permission, typically with the intention of committing a further criminal offence. Usually that offence is theft, larceny, 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 Co ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
