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Cy-pres
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Cy-presAs near as may be: a technical word used in the law of trusts or of wills to refer to a power that the courts have to, rather than void the document, to construct or interpret the will or a trust document "as near as may be" to the actual intentions of the signatory, where a literal construction would give the document illegal, impracticable or impossible effect.
RELATED TERMS--------------------------------------
Technical
That which properly belongs to an art.
Word
Construction. One or more syllables which when united convey an idea a single part of speech.
Power
This is either inherent or derivative. The former is the right, ability, or faculty of doing something, without receiving that right, ability, or faculty from another. The people have the power to establish a form of govemment, or to change one already established. A father has the legal power to chastise his son; a master, his apprentice.
Void
Invalid; a void agreement is one for which there is no remedy.
Will
A will is a legal document in which a person directs how his property is to be distributed after his death. Such documents must be executed in due form and must be duly witnessed.
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.
Actual
Real; actual.
Construction
The legal process of interpreting a phrase or document; of trying to find it's meaning. Whether it be a contract or a statute, there are times when a phrase may be unclear or of several meanings. Then, either lawyers or judges must attempt to interpret or "construct" the probable aim and purpose of the phrase, by extrapolating from other parts of the document or, in the case of statutes, referring to a interpretation law which gives legal construction guidelines. Generally, there are two types of construction methods: literal (strict) or liberal.
Illegal
Contrary to law; unlawful. It is a general rule, that the law will never give its aid to a party who has entered into an illegal contract, whether the same be in direct violation of a statute, against public policy, or opposed to public morals. .Nor to a contract which is fraudulent, which affects the defendant or a third person.
Effect
The operation of a law, of an agreement, or an act, is called its effect.
SIMILAR TERMS--------------------------------------
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Customs
This term is usually applied to those taxes which are payable upon goods and merchandise imported or exported.
Custos morum
(United Kingdom) A guardian of morals.
Custos rotulorum
English law. The principal justice of the peace of a county, who is the keeper of the records of the county.
Cyber-crime
Referring to frauds perpetrated on the Internet or through the use of computers.
Cycle counts
In inventory control, counting various portions of the inventory frequently until it is all counted (vs. counting the whole inventory once a quarter or once a year).
Cy-pres
Czar
A title of honor which is assumed by the emperor of all the Russias.
Czarina
The title of the empress of Russia.
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.
RELATED TERMS--------------------------------------
Technical
That which properly belongs to an art.
Word
Construction. One or more syllables which when united convey an idea a single part of speech.
Power
This is either inherent or derivative. The former is the right, ability, or faculty of doing something, without receiving that right, ability, or faculty from another. The people have the power to establish a form of govemment, or to change one already established. A father has the legal power to chastise his son; a master, his apprentice.
Void
Invalid; a void agreement is one for which there is no remedy.
Will
A will is a legal document in which a person directs how his property is to be distributed after his death. Such documents must be executed in due form and must be duly witnessed.
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.
Actual
Real; actual.
Construction
The legal process of interpreting a phrase or document; of trying to find it's meaning. Whether it be a contract or a statute, there are times when a phrase may be unclear or of several meanings. Then, either lawyers or judges must attempt to interpret or "construct" the probable aim and purpose of the phrase, by extrapolating from other parts of the document or, in the case of statutes, referring to a interpretation law which gives legal construction guidelines. Generally, there are two types of construction methods: literal (strict) or liberal.
Illegal
Contrary to law; unlawful. It is a general rule, that the law will never give its aid to a party who has entered into an illegal contract, whether the same be in direct violation of a statute, against public policy, or opposed to public morals. .Nor to a contract which is fraudulent, which affects the defendant or a third person.
Effect
The operation of a law, of an agreement, or an act, is called its effect.
SIMILAR TERMS--------------------------------------
PREVIOUS AND NEXT TERMS--------------------------------------
Customs
This term is usually applied to those taxes which are payable upon goods and merchandise imported or exported.
Custos morum
(United Kingdom) A guardian of morals.
Custos rotulorum
English law. The principal justice of the peace of a county, who is the keeper of the records of the county.
Cyber-crime
Referring to frauds perpetrated on the Internet or through the use of computers.
Cycle counts
In inventory control, counting various portions of the inventory frequently until it is all counted (vs. counting the whole inventory once a quarter or once a year).
Cy-pres
Czar
A title of honor which is assumed by the emperor of all the Russias.
Czarina
The title of the empress of Russia.
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.
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This dictionary contains 8526 terms.
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