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Mainmorte
Mortmain () is the perpetual, inalienable ownership of real estate by a corporation or legal institution; the term is usually used in the context of its prohibition. Historically, the land owner usually would be the religious office of a church; today, insofar as mortmain prohibitions against perpetual ownership still exist, it refers most often to modern companies and charitable trusts. The term ''mortmain'' is derived from Medieval Latin ''mortua manus'', literally "dead hand", through Old French ''morte main'' (in modern French, ''mainmorte''). History During the Middle Ages in Western European countries such as England, the Catholic Church, Roman Catholic Church acquired a substantial amount of real estate. As the Church and religious orders were each recognised as a legal person separate from the office holder who administered the Church land (such as the abbot or the bishop), the land would not escheat on the death of the holder, or pass by inheritance, as the Church and ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Oxford English Dictionary
The ''Oxford English Dictionary'' (''OED'') is the principal historical dictionary of the English language, published by Oxford University Press (OUP), a University of Oxford publishing house. The dictionary, which published its first edition in 1884, traces the historical development of the English language, providing a comprehensive resource to scholars and academic researchers, and provides ongoing descriptions of English language usage in its variations around the world. In 1857, work first began on the dictionary, though the first edition was not published until 1884. It began to be published in unbound Serial (literature), fascicles as work continued on the project, under the name of ''A New English Dictionary on Historical Principles; Founded Mainly on the Materials Collected by The Philological Society''. In 1895, the title ''The Oxford English Dictionary'' was first used unofficially on the covers of the series, and in 1928 the full dictionary was republished in 10 b ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Provisions Of Oxford
The Provisions of Oxford ( or ''Oxoniae'') were constitutional reforms to the government of late medieval England adopted during the Oxford Parliament of 1258 to resolve a dispute between Henry III of England and his barons. The reforms were designed to ensure the king adhered to the rule of law and governed according to the advice of his barons. A council of fifteen barons was chosen to advise and control the king and supervise his ministers. Parliament was to meet regularly three times a year. Like the earlier Magna Carta, the Provisions of Oxford demonstrated the ability of the barons to press their concerns in opposition to the English monarchy. Henry's failure to abide by the reforms sparked the Second Barons' War, which ended with Henry's victory and the restoration of royal authority. The Provisions of Oxford were annulled in 1266 by the Dictum of Kenilworth. Background Henry III became king in 1216 when he was still a child, so a regency government was appointed. ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Sir Edward Coke
Sir Edward Coke ( , formerly ; 1 February 1552 – 3 September 1634) was an English barrister, judge, and politician. He is often considered the greatest jurist of the Elizabethan and Jacobean eras. Born into an upper-class family, Coke was educated at Trinity College, Cambridge, before leaving to study at the Inner Temple, where he was called to the Bar on 20 April 1578. As a barrister, he took part in several notable cases, including '' Slade's Case'', before earning enough political favour to be elected to Parliament, where he served first as Solicitor General and then as Speaker of the House of Commons. Following a promotion to Attorney General he led the prosecution in several notable cases, including those against Robert Devereux, Sir Walter Raleigh, and the Gunpowder Plot conspirators. As a reward for his services he was first knighted and then made Chief Justice of the Common Pleas. As Chief Justice, Coke restricted the use of the ''ex officio'' (Star Chamber) oath ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
William Blackstone
Sir William Blackstone (10 July 1723 – 14 February 1780) was an English jurist, Justice (title), justice, and Tory (British political party), Tory politician most noted for his ''Commentaries on the Laws of England'', which became the best-known description of the doctrines of the English common law. Born into a middle-class family in London, Blackstone was educated at Charterhouse School before matriculating at Pembroke College, Oxford, in 1738. After switching to and completing a Bachelor of Civil Law degree, he was made a Fellow of All Souls#Fellowships, fellow of All Souls College, Oxford, on 2 November 1743, admitted to Middle Temple, and called to the Bar there in 1746. Following a slow start to his career as a barrister, Blackstone was involved heavily in university administration, becoming accountant, treasurer, and bursar on 28 November 1746, and Senior Bursar in 1750. Blackstone is considered responsible for completing the All Souls College Library, Codrington Libra ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Ratio Decidendi
' (; Latin plural ') is a Latin phrase meaning "the reason" or "the rationale for the decision". The ''ratio decidendi'' is "the point in a case that determines the judgement" or "the principle that the case establishes".See Barron's Law Dictionary, page 385 (2d ed. 1984). ''ratio decidendi'' is a legal rule derived from, and consistent with, those parts of legal reasoning within a judgment on which the outcome of the case depends. It is a legal phrase which refers to the legal, moral, political and social principles used by a court to compose the rationale of a particular judgment. Unlike '' obiter dicta'', the ''ratio decidendi'' is, as a general rule, binding on courts of lower and later jurisdiction—through the doctrine of '' stare decisis''. Certain courts are able to overrule decisions of a court of coordinate jurisdiction. However, out of interests of judicial comity, they generally try to follow coordinate rationes. The process of determining the ''ratio decidendi' ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Void (law)
In law, void means of no legal effect. An action, document, or transaction which is void is of no legal effect whatsoever: an absolute nullity—the law treats it as if it had never existed or happened. The term void ''ab initio'', which means "to be treated as invalid from the outset", comes from adding the Latin phrase ''ab initio'' (from the beginning) as a qualifier. For example, in many jurisdictions where a person signs a contract under duress, that contract is treated as being void ''ab initio''. The frequent combination "null and void" is a legal doublet. The term is frequently used in contradistinction to the term "voidable" and " unenforceable". Definitions '' Black's Law Dictionary'' defines 'void' as " ll; ineffectual; nugatory; having no legal force or binding effect...." In the case of a contract, this means there is no legal obligation, therefore there can be no breach of contract since the contract is null, but there may be an implied contract A quasi-contr ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Herbert Cozens-Hardy, 1st Baron Cozens-Hardy
Herbert Hardy Cozens-Hardy, 1st Baron Cozens-Hardy, (1838–1920) was a British politician and judge who served as Master of the Rolls from 1907 until 1918. Early life and career Cozens-Hardy was born in Letheringsett, Norfolk, in 1838, the second son of William Hardy Cozens-Hardy, a former Norwich solicitor, and Sarah, ''née'' Theobald, daughter of Thomas Theobald, textile manufacturer. His grandmother was the diarist Mary Hardy (diarist), Mary Hardy. His family were Methodists, a connection which proved to be useful in his career at the bar. Cozens-Hardy was educated at Amersham School and University College, London, where he matriculated in 1858 and gained the LLB in 1863, later becoming a fellow of University College. He was called to the bar at Lincoln's Inn in 1862, and read in the chambers of Thomas Lewin and James Dickinson. Cozens-Hardy acquired a large junior practice at the Chancery bar, and became Queen's Counsel in 1882. It was then the practice of Chancer ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Law Of Property Amendment Act 1860
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 ma ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Joanna Southcott
Joanna Southcott (or Southcote; April 1750 – 26 December 1814) was a British self-described religious prophetess from Devon. A "Southcottian" movement continued in various forms after her death. Early life Joanna Southcott was born in the hamlet of Taleford, Devonshire, baptised at Ottery St Mary, and grew up in the village of Gittisham. Her father, William Southcott (died 1802), ran a small farm. She did dairy work as a girl, and after the death of her mother, Hannah, she went into service, first as a shop-girl in Honiton, then for a considerable time as a domestic servant in Exeter. She was eventually dismissed because a footman whose attentions she rejected claimed that she was "growing mad". Self-revelation Originally in the Church of England, she joined the Wesleyans in Exeter in about 1792. She became persuaded that she had supernatural gifts and wrote and dictated prophecies in rhyme. She then announced herself as the Woman of the Apocalypse, as described in the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Trust Law
A trust is a legal relationship in which the owner of property, or any transferable right, gives it to another to manage and use solely for the benefit of a designated person. In the English common law, the party who entrusts the property is known as the "settlor", the party to whom it is entrusted is known as the "trustee", the party for whose benefit the property is entrusted is known as the "beneficiary", and the entrusted property is known as the "corpus" or "trust property". A ''testamentary trust'' is an irrevocable trust established and funded pursuant to the terms of a deceased person's will. An inter vivos trust is a trust created during the settlor's life. The trustee is the legal owner of the assets held in trust on behalf of the trust and its beneficiaries. The beneficiaries are equitable owners of the trust property. Trustees have a fiduciary duty to manage the trust for the benefit of the equitable owners. Trustees must provide regular accountings of trust income ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Rule Against Perpetuities
The rule against perpetuities is a legal rule in common law that prevents people from using legal instruments (usually a deed or a will) to exert control over the ownership of private property for a time long beyond the lives of people living at the time the instrument was written. Specifically, the rule forbids a person from creating future interests (traditionally contingent remainders and executory interests) in property that would vest beyond 21 years after the lifetimes of those living at the time of creation of the interest, often expressed as a "life in being plus twenty-one years". In essence, the rule prevents a person from putting qualifications and criteria in a deed or a will that would continue to affect the ownership of property long after he or she has died, a concept often referred to as control by the "dead hand" or "'' mortmain''". The basic elements of the rule against perpetuities originated in England in the 17th century and were "crystallized" into a sin ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Saunders V Vautier
, (1841) 4 Beav 115 is a leading English trusts law case. It laid down the rule of Equity (law), equity which provides that, if all of the beneficiary (trust), beneficiaries in the trust law, trust are of Age of majority, adult age and under no disability, the beneficiaries may require the trustee to transfer the legal estate to them and thereby terminate the trust. The rule has been repeatedly affirmed in common law jurisdictions, and is commonly referred to as "the rule in ''Saunders v Vautier''" for shorthand. Facts A testator, one Richard Wright, had bequeathed £2,000 worth of stock in the East India Company on trust for his great-nephew, Daniel Wright Vautier, and his wife and heirs. According to the terms of the trust, it was to accumulate until Vautier reached the age of 25. The stock's dividends were to be accumulated along with the capital. Daniel Wright Vautier's father (confusingly, also named Daniel Vautier) died in the testator's lifetime, but after the testator ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
