Juridical Dictionary

This dictionary contains:
8526
juridical terms

Certificate of title




Certificate of title

Document issued by Registrar of Titles for real estate registered under the Torrens System, which is considered conclusive evidence of the present ownership and state of the title to the property described therein.

RELATED TERMS
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Registrar
Registrar or Register. An officer authorized by law to keep a record called a register or registry; as the register for the probate of wills.

Real
1) A term which is applied to land in its most enlarged signification. Real security, therefore, means the security of mortgages or other incumbrances affecting lands. 2) In the civil law, real has not the same meaning as it has in the common law. There it signifies what relates to a thing, whether it be movable or immovable, lands or goods; thus, a real injury is one which is done to a thing, as a trespass to property, whether it be real or personal in the common law sense. A real statute is one which relates to a thing, in contradistinction to such as relate to a person.

Estate
A right or interest in property or the property of a deceased person.

Conclusive
What puts an end to a thing. A conclusive presumption of law, is one which cannot be contradicted even by direct and positive proof.

Evidence
Proof of fact(s) presented at a trial. The best and most common method is by oral testimony; where you have an eye-witness swear to tell the truth and to then relate to the court (or jury) their experience. Evidence is essential in convincing the judge or jury of your facts as the judge (or jury) is expected to start off with a blank slate; no preconceived idea or knowledge of the facts. So it is up to the opposing parties to prove (by providing evidence), to the satisfaction of the court (or jury), the facts needed to support their case. Besides oral testimony, an object can be deposited with the court (eg. a signed contract). This is sometimes called "real evidence." In other rarer cases, evidence can be circumstantial.

Present
A gift, or wore properly the thing given. It is provided by the constitution of the United States, that "no person holding any office of profit or trust under them, [the United States] shall, without the consent of congress, accept of any present, emolument, or office, or title of any kind whatever, from any king, prince, or foreign state."

Ownership
Title to property. The right by which a thing belongs to some one in particular, to the exclusion of all other persons.

State
1) Government. In its most enlarged sense, it signifies a self-sufficient body of persons united together in one community for the defence of their rights, and to do right and justice to foreigners. In this sense, the state means the whole people united into one body politic; and the state, and the people of the state, are equivalent expressions. 2) Condition of persons. This word has various acceptations. If we inquire into its origin, it will be found to come from the Latin status, which is derived from the verb stare, sto, whence has been made statio, which signifies the place where a person is located, stat, to fulfil the obligations which are imposed upon him.

Title
1) Estates. A title is defined by Lord Coke to be the means whereby the owner of lands hath the just possession of his property. 2) Legislation That part of an act of the legislature by which it is known, and distinguished from other acts the name of the act. 3) Rights. The name of a newwpaper a book, and the like.

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.



SIMILAR TERMS
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Certificate
Practice. A writing made in any court, and properly authenticated, to give notice to another court of anything done therein; or it is a writing by which an officer or other person bears testimony that a fact has or has not taken place.

Certificate of citizenship
Identity document proving U.S. citizenship. Certificates of citizenship are issued to derivative citizens and to persons who acquired U.S. citizenship (see definitions for Acquired and Derivative Citizenship).

Certificate of incorporation
A company is a separate legal entity governed by the Companies Act, which conducts activities on its own behalf and is distinct from the persons who own and control it. The shareholders are the owners and control the company, but their liability in relation to the company's creditors is limited. Incorporation is the process by which the company is entered on the register at the Companies Registry, and thereby comes into existence as a separate legal person. A Certificate of Incorporation will be sent to the company by the Companies Registry on first incorporation and on any change of name.

Certificate of mailing
A written statement proving to the court that a copy of a certain document was mailed to the person for whom it was intended.

Certificate of service
A written statement proving to the court and completed by a process server that a copy of a document was served to the person for whom it was intended.

Certificate, attorney's
Practice, English law. Attorneys are required to deliver to the commissioners of stamp duties, a paper or note-in writing, containing the name and usual place of residence of such person, and thereupon, on paying certain duties, such person is entitled to a certificate attesting the payment of such duties, which must be renewed yearly.

Certificate, judge's
English practice. The judge who tries the cause is authorized by several statutes in certain cases to certify, so as to decide when the party or parties shall or shall not be entitled to costs.

Certification
1) Written attestation. 2) Authorized declaration verifying that an instrument is a true and correct copy of the original.

Certification or certificate of assise
A term used in the old English law, applicable to a writ granted for the reexamination or re-trial of a matter passed by assise before justices.

Certified copy
A copy of the document contained in the court file. it includes a stamped seal confirming that the copy is indeed a true and correct copy of the document contained in the court file.

Certiorari
(United Kingdom) A writ from a High Court to a lower Court.



PREVIOUS AND NEXT TERMS
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Certificate
Practice. A writing made in any court, and properly authenticated, to give notice to another court of anything done therein; or it is a writing by which an officer or other person bears testimony that a fact has or has not taken place.

Certificate of citizenship
Identity document proving U.S. citizenship. Certificates of citizenship are issued to derivative citizens and to persons who acquired U.S. citizenship (see definitions for Acquired and Derivative Citizenship).

Certificate of incorporation
A company is a separate legal entity governed by the Companies Act, which conducts activities on its own behalf and is distinct from the persons who own and control it. The shareholders are the owners and control the company, but their liability in relation to the company's creditors is limited. Incorporation is the process by which the company is entered on the register at the Companies Registry, and thereby comes into existence as a separate legal person. A Certificate of Incorporation will be sent to the company by the Companies Registry on first incorporation and on any change of name.

Certificate of mailing
A written statement proving to the court that a copy of a certain document was mailed to the person for whom it was intended.

Certificate of service
A written statement proving to the court and completed by a process server that a copy of a document was served to the person for whom it was intended.

Certificate of title

Certificate, attorney's
Practice, English law. Attorneys are required to deliver to the commissioners of stamp duties, a paper or note-in writing, containing the name and usual place of residence of such person, and thereupon, on paying certain duties, such person is entitled to a certificate attesting the payment of such duties, which must be renewed yearly.

Certificate, judge's
English practice. The judge who tries the cause is authorized by several statutes in certain cases to certify, so as to decide when the party or parties shall or shall not be entitled to costs.

Certification
1) Written attestation. 2) Authorized declaration verifying that an instrument is a true and correct copy of the original.

Certification or certificate of assise
A term used in the old English law, applicable to a writ granted for the reexamination or re-trial of a matter passed by assise before justices.

Certified copy
A copy of the document contained in the court file. it includes a stamped seal confirming that the copy is indeed a true and correct copy of the document contained in the court file.

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This dictionary contains 8526 terms.







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