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| This dictionary contains: 8526 juridical terms |
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Devise
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DeviseThe transfer or conveyance of real property by will.
RELATED TERMS--------------------------------------
Transfer
Contracts The act by which the owner of a thing delivers it to another person, with the intent of passing the rights which he has in it to the latter.
Conveyance
A written document which transfers property from one person to another. In real-estate law, the conveyance usually refers to the actual document which transfers ownership, between persons living (i.e. other than by will), or which charges the land with another's interest, such as a mortgage.
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.
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.
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.
SIMILAR TERMS--------------------------------------
Deviation
A departure by the carrier of goods by sea from the agreed or customary geographic route, done without the consent of the cargo interests. At common law, a deviation deprived cargo of its insurance coverage, so that the carrier was treated as the insurer of the goods.
Devisavit vel non
Practice. The name of an issue sent out of a court of chancery, or one which exercises chancery jurisdiction, to a court of law, to try the validity of a paper asserted and denied to be a will, to ascertain whether or not the testator did devise, or whether or not that paper was his will.
Devisee
A person to whom a devise has been made.
PREVIOUS AND NEXT TERMS--------------------------------------
Detinue
A common law action similar to conversion and also involving the possession of property by the defendant but belonging to the plaintiff but in which the plaintiff asks the court for the return of the property, although the plaintiff may also ask for damages for the duration of the possession.
Detinuit
Practice. He detained.
Devastavit
Latin for "he has wasted." This is the technical word referring to a personal representative who has mismanaged the estate and allowed an avoidable loss to occur. This action opens the personal representative to personal liability for the loss.
Deviation
A departure by the carrier of goods by sea from the agreed or customary geographic route, done without the consent of the cargo interests. At common law, a deviation deprived cargo of its insurance coverage, so that the carrier was treated as the insurer of the goods.
Devisavit vel non
Practice. The name of an issue sent out of a court of chancery, or one which exercises chancery jurisdiction, to a court of law, to try the validity of a paper asserted and denied to be a will, to ascertain whether or not the testator did devise, or whether or not that paper was his will.
Devise
Devisee
A person to whom a devise has been made.
Devoir
Duty.
Devolution
Ecclesiastical law. The transfer, by forfeiture, of a right and power which a person has to another, on account of some act or negligence of the person who is vested with such right or power.
Dicey
Albert Vein Dicey. As Vinerian professor of English law at Oxford (1882-1909), Dicey published his three most influential works: the Introduction to the Study of the Law of the Constitution (1885); Conflict of Laws (1896); and Law and Opinion in the Nineteenth Century (1905). Today, Dicey & Morris, The Conflict of Laws, 13 Ed. (2000) is the classic text on fixed rules solving conflict of law problems in England.
Dicta or dictum
Latin: an observation by a judge on a matter not specifically before the court or not necessary in determining the issue before the court; a side opinion which does not form part of the judgment for the purposes of stare decisis. May also be called "obiter dictum."
RELATED TERMS--------------------------------------
Transfer
Contracts The act by which the owner of a thing delivers it to another person, with the intent of passing the rights which he has in it to the latter.
Conveyance
A written document which transfers property from one person to another. In real-estate law, the conveyance usually refers to the actual document which transfers ownership, between persons living (i.e. other than by will), or which charges the land with another's interest, such as a mortgage.
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.
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.
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.
SIMILAR TERMS--------------------------------------
Deviation
A departure by the carrier of goods by sea from the agreed or customary geographic route, done without the consent of the cargo interests. At common law, a deviation deprived cargo of its insurance coverage, so that the carrier was treated as the insurer of the goods.
Devisavit vel non
Practice. The name of an issue sent out of a court of chancery, or one which exercises chancery jurisdiction, to a court of law, to try the validity of a paper asserted and denied to be a will, to ascertain whether or not the testator did devise, or whether or not that paper was his will.
Devisee
A person to whom a devise has been made.
PREVIOUS AND NEXT TERMS--------------------------------------
Detinue
A common law action similar to conversion and also involving the possession of property by the defendant but belonging to the plaintiff but in which the plaintiff asks the court for the return of the property, although the plaintiff may also ask for damages for the duration of the possession.
Detinuit
Practice. He detained.
Devastavit
Latin for "he has wasted." This is the technical word referring to a personal representative who has mismanaged the estate and allowed an avoidable loss to occur. This action opens the personal representative to personal liability for the loss.
Deviation
A departure by the carrier of goods by sea from the agreed or customary geographic route, done without the consent of the cargo interests. At common law, a deviation deprived cargo of its insurance coverage, so that the carrier was treated as the insurer of the goods.
Devisavit vel non
Practice. The name of an issue sent out of a court of chancery, or one which exercises chancery jurisdiction, to a court of law, to try the validity of a paper asserted and denied to be a will, to ascertain whether or not the testator did devise, or whether or not that paper was his will.
Devise
Devisee
A person to whom a devise has been made.
Devoir
Duty.
Devolution
Ecclesiastical law. The transfer, by forfeiture, of a right and power which a person has to another, on account of some act or negligence of the person who is vested with such right or power.
Dicey
Albert Vein Dicey. As Vinerian professor of English law at Oxford (1882-1909), Dicey published his three most influential works: the Introduction to the Study of the Law of the Constitution (1885); Conflict of Laws (1896); and Law and Opinion in the Nineteenth Century (1905). Today, Dicey & Morris, The Conflict of Laws, 13 Ed. (2000) is the classic text on fixed rules solving conflict of law problems in England.
Dicta or dictum
Latin: an observation by a judge on a matter not specifically before the court or not necessary in determining the issue before the court; a side opinion which does not form part of the judgment for the purposes of stare decisis. May also be called "obiter dictum."
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This dictionary contains 8526 terms.
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