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Clayton's case
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Clayton's caseAn English case which established a presumption that monies withdrawn from a money account are presumed to be debits from those monies first deposited; first in, first out. The proper citation is Devaynes v. Noble (1816) and the presumption is not applicable to fiduciaries, who are presumed to withdraw their own money first, and not trust money.
RELATED TERMS--------------------------------------
Case
1) Practice. A contested question before a court of justicea suit or action a cause. 2) An agreement in writing, between a plaintiff and defendant, that the facts in dispute between them are as there agreed upon and mentioned
Presumption
evidence. An inference as to the existence of one fact, from the existence of some other fact, founded on a previous experience of their connexion
Money
Gold, silver, and some other less precious metals, in the progress of civilization and commerce, have become the common standards of value; in order to avoid the delay and inconvenience of regulating their weight and quality whenever passed, the governments of the civilized world have caused them to be manufactured in certain portions, and marked with a Stamp which attests their value; this is called money.
Account
Practice. 1) A statement of the receipts and payments of an executor, administrator, or other trustee, of the estate confided to him. 2) An account is also the statement of two merchants or others who have dealt together, showing the debits and credits between them.
Proper
That which is essential, suitable, adapted, and correct.
Citation
Practice. A writ issued out of a court of competent, jurisdiction, commanding a person therein named to appear and do something therein mentioned, or to show cause why he should not, on a day named.
Trust
Contracts, devises. An equitable right, title or interest in property, real or personal, distinct from its legal ownership; or it is a personal obligation for paying, delivering or performing anything, where the person trusting has no real. right or security, for by, that act he confides altogether to the faithfulness of those intrusted. This is its most general meaning, and includes deposits, bailments, and the like. In its more technical sense, it may be defined to be an obligation upon a person, arising out of a confidence reposed in him, to apply property faithfully, and according to such confidence.
SIMILAR TERMS--------------------------------------
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Classification societies
Classification societies are institutions (often non-profit) which inspect, study and report on the seaworthiness and the general and particular condition of individual ships. They also often perform port state control inspections. Finally, they may provide surveying services to national maritime administrations by contract with the governments of those countries.
Clause
Contracts. A particular disposition which makes part of a treaty; of an act of the legislature; of a deed, written agreement, or other written contract or will.
Clausum
Latin. A close; an inclosure.
Clausum fregit
Torts, remedies. He broke the close.
Clayton act
A federal law which is an amendment to the Sherman Act dealing with antitrust regulations and unfair trade practices.
Clayton's case
Clean air acts
Federal and state environmental statutes enacted to regulate and control air pollution.
Clean hands
A maxim of the law to the effect that any person, individual or corporate, that wishes to ask or petition a court for judicial action, must be in a position free of fraud or other unfair conduct.
Clear and convincing evidence
Standard of proof commonly used in civil lawsuits and in regulatory agency cases. It governs the amount of proof that must be offered in order for the plaintiff to win the case.
Clear title
Transferring ownership of an asset without any encumbrances, obstructions or burdens that present any reasonable question of law or fact.
Clemency
The disposition to treat with leniency.
RELATED TERMS--------------------------------------
Case
1) Practice. A contested question before a court of justicea suit or action a cause. 2) An agreement in writing, between a plaintiff and defendant, that the facts in dispute between them are as there agreed upon and mentioned
Presumption
evidence. An inference as to the existence of one fact, from the existence of some other fact, founded on a previous experience of their connexion
Money
Gold, silver, and some other less precious metals, in the progress of civilization and commerce, have become the common standards of value; in order to avoid the delay and inconvenience of regulating their weight and quality whenever passed, the governments of the civilized world have caused them to be manufactured in certain portions, and marked with a Stamp which attests their value; this is called money.
Account
Practice. 1) A statement of the receipts and payments of an executor, administrator, or other trustee, of the estate confided to him. 2) An account is also the statement of two merchants or others who have dealt together, showing the debits and credits between them.
Proper
That which is essential, suitable, adapted, and correct.
Citation
Practice. A writ issued out of a court of competent, jurisdiction, commanding a person therein named to appear and do something therein mentioned, or to show cause why he should not, on a day named.
Trust
Contracts, devises. An equitable right, title or interest in property, real or personal, distinct from its legal ownership; or it is a personal obligation for paying, delivering or performing anything, where the person trusting has no real. right or security, for by, that act he confides altogether to the faithfulness of those intrusted. This is its most general meaning, and includes deposits, bailments, and the like. In its more technical sense, it may be defined to be an obligation upon a person, arising out of a confidence reposed in him, to apply property faithfully, and according to such confidence.
SIMILAR TERMS--------------------------------------
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PREVIOUS AND NEXT TERMS--------------------------------------
Classification societies
Classification societies are institutions (often non-profit) which inspect, study and report on the seaworthiness and the general and particular condition of individual ships. They also often perform port state control inspections. Finally, they may provide surveying services to national maritime administrations by contract with the governments of those countries.
Clause
Contracts. A particular disposition which makes part of a treaty; of an act of the legislature; of a deed, written agreement, or other written contract or will.
Clausum
Latin. A close; an inclosure.
Clausum fregit
Torts, remedies. He broke the close.
Clayton act
A federal law which is an amendment to the Sherman Act dealing with antitrust regulations and unfair trade practices.
Clayton's case
Clean air acts
Federal and state environmental statutes enacted to regulate and control air pollution.
Clean hands
A maxim of the law to the effect that any person, individual or corporate, that wishes to ask or petition a court for judicial action, must be in a position free of fraud or other unfair conduct.
Clear and convincing evidence
Standard of proof commonly used in civil lawsuits and in regulatory agency cases. It governs the amount of proof that must be offered in order for the plaintiff to win the case.
Clear title
Transferring ownership of an asset without any encumbrances, obstructions or burdens that present any reasonable question of law or fact.
Clemency
The disposition to treat with leniency.
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This dictionary contains 8526 terms.
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