Juridical Dictionary

This dictionary contains:
8526
juridical terms

Contingent remainder






Contingent remainder

Estates. An estate in remainder which is limited to take effect, either to a dubious and uncertain person, or upon a dubious and uncertain event, by, which no present or particular interest passes to the remainder-man, so that the particular estate may chance to be determined and the remainder never take effect.

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

Remainder
Estates. The remnant of an estate in lands or tenements expectant on a particular estate, created together with the same, at one time.

Take
This is a technical expression which signifies to be entitled to; as, a devisee will take under the will. To take also signifies to seize, as to take and carry away.

Effect
The operation of a law, of an agreement, or an act, is called its effect.

Person
This word is applied to men, women and children, who are called natural persons.

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."

Interest
1) Estates. The right which a man has in a chattel real, and more particularly in a future term. It is a word of less efficacy and extent than estates, though, in legal understanding, an interest extends to estates, rights and titles which a man has in or out of lands, so that by a grant of his whole interest in land, a reversion as well as the fee simple shall pass. 2) Contracts. The right of property which a man has in a thing, commonly called insurable interest. 3) Evidence. The benefit which a person has in the matter about to be decided and which is in issue between the parties.

Remainder-man
One who is entitled to the remainder of the estate after a particular estate carved out of it has expired.

Chance
Accident. As the law punishes a crime only when there is an intention to commit it, it follows that when those acts are done in a lawful business or pursuit by mere chance or accident, which would have been criminal if there had been an intention, express or implied, to commit them, there is no crime.



SIMILAR TERMS
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Contagious disorders
Police, Criminal law. Diseases which are capable of being transmitted by mediate or immediate contact.

Contemporaneous exposition
he construction of a law, made shortly after its enactment, when the reasons for its passage were then fresh in the minds of the judges, is considered as of great weigh.

Contempt of court
A act of defiance of court authority or dignity. Contempt of court can be direct (swearing at a judge or violence against a court officer) or constructive (disobeying a court order). The punishment for contempt is a fine or a brief stay in jail.

Contentious jurisdiction
Ecclesiastical law. In those cases where there is an action or judicial process, and it consists in hearing and determining the matter between party and party, it is said there is contentious jurisdiction, in contradistinction to voluntary jurisdiction, which is exercised in matters that require no judicial proceeding, as in taking probate of wills, granting letters of administration, and the like.

Contestatio litis
Civil law. The joinder of issue in a cause.

Contestation
The act by which two parties to an action claim the same right, or when one claims a right to a thing which the other denies; a controversy.

Contested divorce
A divorce where at least one issue has not been settled before court. the court must decide the issue or issues.

Context
The general series or composition of a law, contract, covenant, or agreement.

Contingency fee
A method of payment of legal fees represented by a percentage of an award. Lawyers get paid in one of two ways: either you pay a straight hourly rate as you might pay a plumber or the lawyer might "gamble" and agree to only get paid if the claim is successful and by taking a portion of any award that comes after the filing of the claim. For example, if you go and see a lawyer because, after a medical emergency, your health insurance company refuses to pay your medical bills in violation of their policy, the law firm might say: "no money down. In fact, we don't get paid a cent unless you do. And then, we take one-third off the top of any award you might get." This allows the client to receive legal services without putting any money down and it allows the lawyer to advertise "we don't get paid unless you do." The lawyer associations in some counties prohibit contingency fee arrangements. In those countries that allow them, they are very prevalent in personal injury cases.

Contingent
What may or may not happen;. what depends upon a doubtful event; as, a contingent debt, which is a debt depending upon some uncertain event.

Contingent damages
Those given where the issues upon counts to which no demurrer has been filed, are tried, before demurrer to one or more counts in the same declaration has been decided.

Contingent estate
A contingent estate depends for its effect upon an event which may or may not happen: as an estate limited to a person not in esse or not yet born.

Contingent fee
An agreement which specifies that the attorney does not get paid unless the client wins the case. this type of arrangement is generally not allowed in divorce and custody cases.

Contingent use
Estates. A use limited in a deed or conveyance of land which may or may not happen to vest, according to the contingency expressed in the limitation of such use.

Continual claim
English law. When the feoffee of land is prevented from taking possession by fear of menaces or bodily harm, he may make a claim -to the land in the presence of the vares, and if this claim is regularly made once every year and a day, which is then called a continual claim, it preserves to the feoffee his rights, and is equal to a legal entry.

Continuance
Postponement of a legal proceeding to a later date.

Continue
The act of postponing a scheduled court hearing to a later time.

Continuing consideration
A continuing consideration is one which in point of time remains good and binding, although it may have served before to Support a contract.

Continuing damages
Those which are continued at different times, or which endure from one time to another.

Contra
Over; against; opposite to anything: as, such a case lays down a certain principle; such other case, contra.

Contra bonos mores
(United Kingdom) Contrary to good morals.

Contra pacem
Pleadings. Against the peace.

Contra proferentem
A rule premised on the belief that if a party is able to stipulate terms, or is the party who writes the contract, then implicitly he occupies the stronger position. To redress the imbalance between the parties, contra proferentem holds that the interpretation that favours the other party will be chosen.

Contraband (jail)
In the US penitentiary jargon, it includes illegal items, explosives, deadly weapons, drugs, controlled substances, and any item that is controlled, limited or prohibited on the grounds or within the secure perimeter of a correctional facility.

Contract
A negotiated oral or written agreement setting forth the terms for an exchange of value between parties (which may be individuals or companies) and under which each party promises to perform an obligation. Certain terms, such as the obligations to be performed and the terms for setting price or compensation must be mutually understood, known in legal lingo as a "meeting of the minds," and promised to by the parties to form a legal contract.

Contract law
The specific area of the legal profession dealing with contracts.

Contract makes the law
The law aids the vigilant; forces no one to do a vain, useless, or impossible thing; injures no one -- never works and injury; does nothing in vain; regards not trifles; regards equity; always gives a remedy; speaks to all with one mouth -- is no respecter of persons. What is just and right is the law of laws.

Contracted-out
An employer can contract out of the state pension scheme by means of an occupational pension scheme. There are strict rules reLating to occupational pension schemes generally and contracting-out. Benefits under a contracted-out scheme must be at least as good as benefits and such schemes must ensure a "guaranteed minimum pension". An occupational pension scheme need not be contracted out. Occupational pension schemes set up by smaller companies are often insured - whereby an insurance company takes over all responsibilities in return for a premium.

Contraction
An abbreviation; a mode of writing or printing by which some of the letters of a word are omitted.

Contractor
One who enters into a contract this term is usually applied to persons who undertake to do public work, or the work for a company or corporation on a large scale, at a certain fixed price, or to furnish goods to another at a fixed or ascertained price.

Contrafaction
Criminal law. Counterfeiting, imitating. In the French law contrafaction (contrefacon) is the illegal reprinting of a took for which the author or his assignee has a copyriglit, to the prejudice of the latter.

Contravention
French law. An act which violates the law, a treaty or an agreement which the party has made.

Contrectation
The ability to be removed.

Contrefacon
French law. Counterfeit. This is a bookseller's term, which signifies the offence of those who print or cause to be printed, without lawful authority, a book of which the author or his assigns have a copyright.

Contribution
Civil law. A partition by which the creditors of an insolvent debtor divide, among themselves the proceeds of his property, proportionably to the amount of their respective credits.

Contribution between joint tortfeasors
Where a plaintiff has recovered 100% from tortfeasor-A and there were one or more other defendants at fault, then tortfeasor-A could receive a contribution from the other defendant(s) for their proportionate fault of the damages sustained by the plaintiff in proportion to their fault.

Contributions
Public law. Taxes or money contributed to the support of the government.

Contributory negligence
When both parties to a claim for damages arising from tort were at fault, neither party recovered anything. This was the historic common law rule, where even a plaintiff who was only 1% at fault could not collect from the defendant who may have been 99% at fault. It was a very harsh doctrine based on a very strict moral rule of causation that the plaintiff should not profit from his own fault. Contributory negligence, has been replaced in most legal systems by proportionate fault/comparative fault.

Controllers
Officers who are appointed, to examine the accounts of other officers.

Controver
Obsolete. One who invents false news.

Controversy
A dispute arising between two or more persons.

Contubernium
Civil law. As among the Romans, slaves had no civil state, their marriages, although valid according to natural law, when contr acted with the consent of their masters, and when there was no legal bar to them, yet were without civil effects; they having none except what arose from natural law; a marriage of this kind was called contubernium. It was so called whether both or only one of the parties was a slave.

Contumacy
Civil law. The refusal or neglect of a party accused to appear and answer to a charge preferred against him in a court of justice. This word is derived from the Latin contumacia, disobedience.

Contumax
Civil law. One accused of a crime who refuses to appear and answer to the charge. An outlaw.

Contusion
Medical jurisprudence. An injury or lesion, arising from the shock of a body with a large surface, which presents no loss of substance, and no apparent wound.



PREVIOUS AND NEXT TERMS
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Contingency fee
A method of payment of legal fees represented by a percentage of an award. Lawyers get paid in one of two ways: either you pay a straight hourly rate as you might pay a plumber or the lawyer might "gamble" and agree to only get paid if the claim is successful and by taking a portion of any award that comes after the filing of the claim. For example, if you go and see a lawyer because, after a medical emergency, your health insurance company refuses to pay your medical bills in violation of their policy, the law firm might say: "no money down. In fact, we don't get paid a cent unless you do. And then, we take one-third off the top of any award you might get." This allows the client to receive legal services without putting any money down and it allows the lawyer to advertise "we don't get paid unless you do." The lawyer associations in some counties prohibit contingency fee arrangements. In those countries that allow them, they are very prevalent in personal injury cases.

Contingent
What may or may not happen;. what depends upon a doubtful event; as, a contingent debt, which is a debt depending upon some uncertain event.

Contingent damages
Those given where the issues upon counts to which no demurrer has been filed, are tried, before demurrer to one or more counts in the same declaration has been decided.

Contingent estate
A contingent estate depends for its effect upon an event which may or may not happen: as an estate limited to a person not in esse or not yet born.

Contingent fee
An agreement which specifies that the attorney does not get paid unless the client wins the case. this type of arrangement is generally not allowed in divorce and custody cases.

Contingent remainder

Contingent use
Estates. A use limited in a deed or conveyance of land which may or may not happen to vest, according to the contingency expressed in the limitation of such use.

Continual claim
English law. When the feoffee of land is prevented from taking possession by fear of menaces or bodily harm, he may make a claim -to the land in the presence of the vares, and if this claim is regularly made once every year and a day, which is then called a continual claim, it preserves to the feoffee his rights, and is equal to a legal entry.

Continuance
Postponement of a legal proceeding to a later date.

Continue
The act of postponing a scheduled court hearing to a later time.

Continuing consideration
A continuing consideration is one which in point of time remains good and binding, although it may have served before to Support a contract.

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This dictionary contains 8526 terms.