Juridical Dictionary

This dictionary contains:
8526
juridical terms

Bankrupt




Bankrupt

French banque, a table or counter; route, trace, track: his "banque" was removed and no trace of it left. Italian banca rotta, a broken bench: a money-changer's bench was broken up, on his failing in business. A trader who secretes himself, or does certain other acts tending to defraud his creditors. Bankruptcy is a proceeding of an equitable nature - a sequestration of a debtor's property that the creditors may resort to, instead of an ordinary suit at law or in equity.

RELATED TERMS
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Counter
English law. The name of an ancient prison in the city of London, which has now been demolished.

Bench
The large, usually long and wide desk raised above the level of the rest of the courtroom, at which the judge or panel of judges sit.

Trader
One who makes it his business to buy merchandise or goods and chattels, and to sell the same for the purpose of making a profit. The quantum of dealing is immaterial, when an intention to deal generally exists.

Bankruptcy
Bankruptcy is a legally declared inability or impairment of ability of an individual or organization to pay their creditors. A declared state of bankruptcy can be requested or initiated by the bankrupt individual or organisation, or it can be requested by creditors in an effort to recoup a portion of what they are owed. However, in the overwhelming majority of cases, the bankruptcy is initiated by the "bankrupt" individual or organization.

Proceeding
In its general acceptation, this word means the form in which actions are to be brought and defended, the manner of intervening in suits, of conducting them, the mode of deciding them, of opposing judgments and of executing.

Equitable
That which is in conformity to the natural law.

Sequestration
Chancery practice. The process of sequestration is a writ of commission, sometimes directed to the sheriff, but most usually, to four or more commissioners of the complainant's own nomination, authorizing them to enter upon the real or personal estate of the defendant, and to take the rents, issues and profits into their own hands, and keep possession of, or pay the same as the court shall order and direct, until the party who is in contempt shall do that which he is enjoined to do, and which is specially mentioned in the writ. 2) Contracts. A species of deposit, which two or more persons, engaged in litigation about anything, make of the thing in contest to an indifferent person, who binds himself to restore it when the issue is decided, to the party to whom it is adjudged to belong. 3)

Property
Property is commonly thought of as a thing which belongs to someone and over which a person has total control. But, legally, it is more properly defined as a collection of legal rights over a thing. These rights are usually total and fully enforceable by the state or the owner against others. It has been said that "property and law were born and die together. Before laws were made there was no property. Take away laws and property ceases." before laws were written and enforced, property had no relevance. Possession was all that mattered. There are many classifications of property, the most common being between real property or immoveable property (real estate such as land or buildings) and "chattel", or "moveable" (things which are not attached to the land such as a bicycle, a car or a hammer) and between public (property belonging to everybody or to the state) and private property.

Resort
The authority or jurisdiction of a court. The supreme court of the United States is a court of the last resort.

Ordinary
Civil and Ecclesiastical law. An officer who has original jurisdiction in his own right and not by deputation.

Suit
An action. The word suit in the 25th section of the judiciary act of 1789, applies to any proceeding in a court of justice, in which the plaintiff pursues, in such court, the remedy which the law affords him. An application for a prohibition is therefore a suit.

Equity
A branch of English law which developed hundreds of years ago when litigants would go to the King and complain of harsh or inflexible rules of common law which prevented "justice" from prevailing. For example, strict common law rules would not recognize unjust enrichment, which was a legal relief developed by the equity courts. The typical Court of Equity decision would prevent a person from enforcing a common law court judgment. The kings delegated this special judicial review power over common law court rulings to chancellors. A new branch of law developed known as "equity", with their decisions eventually gaining precedence over those of the common law courts. A whole set of equity law principles were developed based on the predominant "fairness" characteristic of equity such as "equity will not suffer a wrong to be without a remedy" or "he who comes to equity must come with clean hands".



SIMILAR TERMS
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Bank
Com. law. 1) A place for the deposit of money. 2) An institution, generally incorporated, authorized to receive deposits of money, to lend money, and to issue promissory notes, usually known by the name of bank notes.

Bank examiner scheme
The Fraudster poses as a Bank Examiner who is trying to catch a dishonest teller. The Bank Examiner needs the victim to withdraw a substantial sum from their account to test the teller. The Bank Examiner then asks the victim to hand over the cash for a receipt while they use the cash as evidence. The fraudulent Bank Examiner then disappears with the cash ,and the receipt turns out to be worthless.

Bank robber
An offender who robs banks.

Bank stock
The capital of a bank. It is usually divided in shares of a certain amount. This stock is generally transferable on the bools of the bank, and considered as personal property

Bankbook
Com. A book which persons dealing with a bank keep, in which the officers of the bank enter the amount of money deposited by them, and all notes or bills deposited by them, or discounted for their use.

Banker
Com. law. A banker is one engaged in the business of receiving other persons money in deposit, to be returned on demand discounting other persons' notes, and issuing his own for circulation. One who performs the business usually transacted by a bank.

Bankers' note
Contracts. Promissory notes, and resemble bank notes in every respect, except that they are given by persons acting as private bankers.

Bankruptcy
Bankruptcy is a legally declared inability or impairment of ability of an individual or organization to pay their creditors. A declared state of bankruptcy can be requested or initiated by the bankrupt individual or organisation, or it can be requested by creditors in an effort to recoup a portion of what they are owed. However, in the overwhelming majority of cases, the bankruptcy is initiated by the "bankrupt" individual or organization.

Bankruptcy attorney
An attorney who has specialized in bankruptcy cases.

Bankruptcy fraud
The Perpetrator files a notice of bankruptcy. He then approaches each of his creditors (who have received a cop of the notice of bankruptcy) and tells each one in turn that they are the special one that he wants to see get paid at least something. The creditor often settles for 10% of the amount owed. Once a settlement with one creditor is reached, the Perpetrator approaches the next creditor, and so on until all creditors have been settled with at a small fraction of the outstanding amounts owed. The Perpetrator then withdraws his petition for bankruptcy, have extinguished most of his debt for a small fraction of the original amount.

Bankruptcy judge
The judge who determines whether a debtor is entitled to a discharge in bankruptcy.

Bankruptcy law
The area of the legal profession dealing with bankruptcy. Search for "bankruptcy" at this dictionary.

Banks of rivers
Estates. By this term is understood what retains the river in its natural channel, when there is the greatest flow of water.



PREVIOUS AND NEXT TERMS
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Bank examiner scheme
The Fraudster poses as a Bank Examiner who is trying to catch a dishonest teller. The Bank Examiner needs the victim to withdraw a substantial sum from their account to test the teller. The Bank Examiner then asks the victim to hand over the cash for a receipt while they use the cash as evidence. The fraudulent Bank Examiner then disappears with the cash ,and the receipt turns out to be worthless.

Bank stock
The capital of a bank. It is usually divided in shares of a certain amount. This stock is generally transferable on the bools of the bank, and considered as personal property

Bankbook
Com. A book which persons dealing with a bank keep, in which the officers of the bank enter the amount of money deposited by them, and all notes or bills deposited by them, or discounted for their use.

Banker
Com. law. A banker is one engaged in the business of receiving other persons money in deposit, to be returned on demand discounting other persons' notes, and issuing his own for circulation. One who performs the business usually transacted by a bank.

Bankers' note
Contracts. Promissory notes, and resemble bank notes in every respect, except that they are given by persons acting as private bankers.

Bankrupt

Bankruptcy fraud
The Perpetrator files a notice of bankruptcy. He then approaches each of his creditors (who have received a cop of the notice of bankruptcy) and tells each one in turn that they are the special one that he wants to see get paid at least something. The creditor often settles for 10% of the amount owed. Once a settlement with one creditor is reached, the Perpetrator approaches the next creditor, and so on until all creditors have been settled with at a small fraction of the outstanding amounts owed. The Perpetrator then withdraws his petition for bankruptcy, have extinguished most of his debt for a small fraction of the original amount.

Bankruptcy judge
The judge who determines whether a debtor is entitled to a discharge in bankruptcy.

Banks of rivers
Estates. By this term is understood what retains the river in its natural channel, when there is the greatest flow of water.

Bann
Bandum, bannum, a proclamation. Public proclamation or notice.

Bannitus
One outlawed or banished.

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This dictionary contains 8526 terms.







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