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Discretionary trusts
Discretionary trustsThose which cannot be duly administered without the application of a certain degree of prudence and judgment; as when a fund is given to trustees to be distributed in certain charities to be selected by the trustees. RELATED TERMS-------------------------------------- Without Pleading. This word is adopted in formal traverses, and is a negative signifying "and not for;" accordingly the language of the elder entries sometimes is, It et nemy pur tiel cause. Application The primary step in all divorce proceedings and court order. (the standard forms are available from the court office. Degree 1) Descents. This word is derived from the French degre, which is itself taken from the Latin gradus, and signifies literally, a step in a stairway, or the round of a ladder. 2) measures. In angular measures, a degree is equal to sixty minutes, or the thirtieth part of a sine. 3) persons. By degree, is understood the state or condition of a person. Judgment Practice. The decision or sentence of the law, given by a court of justice or other competent tribunal, as the result of proceedings instituted therein, for the redress of an injury. When 1) At which time, in wills, standing by itself unqualified and unexplained, this is a word of condition denoting the time at which the gift is to continence. 2) The context of a will may show that the word when is to be applied to the possession only, not to the vesting of a legacy; but to justify this construction, there must be circumstances, or other expressions in the will, showing such to have been the testator's intent. SIMILAR TERMS-------------------------------------- Discharge Practice. The act by which a person in confinement, under some legal process, or held on an accusation of some crime or misdemeauor, is set at liberty; the writing containing the order for his being so set at liberty, is also called a discharge. Discharged Released, or liberated from custody. Disciplinary hearing In the US penitentiary jargon, a hearing held in the jail to determine if a Rule Violation Report is substantiated and, if so, what discipline the inmate will receive. Disciplinary Hearing Officer In the US penitentiary jargon, the person who is responsible for conducting misconduct hearings and decides if discipline is deserved. Disciplinary Isolation In the US penitentiary jargon, a restrictive status of confinement to which an inmate receiving major discipline can be committed.ÿ Inmates in this status are housed separately and are denied the use all personal items except bedding, clothing, legal papers, personal correspondence, hygiene items, and religious reading material.ÿ Inmates shall be placed in disciplinary custody status for no longer than ten days per hearing. Disciplinary lockdown In the US penitentiary jargon, a restrictive status of confinement to which an inmate receiving major discipline can be committed.ÿ Inmates in this status are restricted to their living area and lose all revocable privileges, retaining the rights to professional visits, showers, and legal phone calls.ÿ Inmates shall be placed in disciplinary custody status for no longer than 72 hours per hearing. Disciplinary procedure An employer should draw up a disciplinary procedure preferably with union or employee involvement. It is normally a condition of the employment contract that it is subject to the disciplinary procedure in force from time to time. Such a procedure will assist the employer in arguing that he has acted fairly as well as setting down good practice for both employer and employee in disciplinary matters. Disclaim To refuse a gift made in a will. Disclaimer 1) Chancery pleading. The renunciation of the defendant to all claims to the subject of the demand made by the plaintiff's bill. 2) Estates. The act of a party by which be refuses to accept of an estate which has been conveyed to him. Discontinuance 1) Estates. An alienation made or suffered by the tenant in tail, or other tenant seised in autre droit, by which the issue in, tail, or heir or successor, or those in reversion or remainder, are driven to their action, and cannot enter. 2) Practice. This takes place when a plaintiff leaves a chasm in the proceedings of his cause, as by not continuing the process regularly from day to day, and time to time, as he ought. Discount Practice. A set off, or defalcation in an action. Discounting The procedure used to convert periodic income and reversions into present value: based on the assumption that benefits received in the future are worth less than the same benefits received now. Discovert Not covert, unmarried. The term is applied to a woman unmarried, or widow; one not within the bonds of matrimony. Discovery 1) International law. The act of finding an unknown country. 2) Practice, pleading. The act of disclosing or revealing by a defendant, in his answer to a bill filed against him in a court of equity. 3) Rights. The patent laws of the United States use this word as synonymous with invention or improvement of July 4, 1836. Discrepancy A difference between one thing and another, between one writing and another; a variance. Discretion Criminal law. The ability to know and distinguish between good and evil; between what is lawful and what is unlawful. Discretion of the court An area of choice available to a judge to make decisions after reviewing reasonable evidence. Discretionary trust A trust in which the settlor has given the trustee full discretion to decide which (and when) members of a group of beneficiaries is to receive either the income or the capital of the trust. Discrimination Under a range of different kinds of legislation, the law prohibits discrimination against various sectors of the workforce. Conduct is generally discriminatory where it may be considered to disadvantage a person of a particular sex or race, union members or non-members, ex-offenders, or from late 1996, the disabled. It may occur at recruitment, whilst employed or through termination. It is particularly important because in sex or race discrimination cases, the qualifying period of continuous employment for bringing a claim for dismissal does not apply when based upon discrimination and in such cases the limit on the amount an industrial tribunal may award is not applicable. Discussion Civil law. A proceeding, on the part of a surety, by which. the property of the principal debtor is made liable before resort can be had to the sureties. PREVIOUS AND NEXT TERMS-------------------------------------- Discovery 1) International law. The act of finding an unknown country. 2) Practice, pleading. The act of disclosing or revealing by a defendant, in his answer to a bill filed against him in a court of equity. 3) Rights. The patent laws of the United States use this word as synonymous with invention or improvement of July 4, 1836. Discrepancy A difference between one thing and another, between one writing and another; a variance. Discretion Criminal law. The ability to know and distinguish between good and evil; between what is lawful and what is unlawful. Discretion of the court An area of choice available to a judge to make decisions after reviewing reasonable evidence. Discretionary trust A trust in which the settlor has given the trustee full discretion to decide which (and when) members of a group of beneficiaries is to receive either the income or the capital of the trust. Discretionary trusts Discrimination Under a range of different kinds of legislation, the law prohibits discrimination against various sectors of the workforce. Conduct is generally discriminatory where it may be considered to disadvantage a person of a particular sex or race, union members or non-members, ex-offenders, or from late 1996, the disabled. It may occur at recruitment, whilst employed or through termination. It is particularly important because in sex or race discrimination cases, the qualifying period of continuous employment for bringing a claim for dismissal does not apply when based upon discrimination and in such cases the limit on the amount an industrial tribunal may award is not applicable. Discussion Civil law. A proceeding, on the part of a surety, by which. the property of the principal debtor is made liable before resort can be had to the sureties. Disfranchisement The act of depriving a member of a corporation of his right as such, by expulsion. Disgrace Ignominy, shame, dishonor. Disherison Obsolete. Disinheritance; depriving one of an inheritance. We thank you for using the Juridical Dictionary to search for Discretionary trusts. If you have a better definition for Discretionary trusts than the one presented here, please let us know by making use of the suggest a term option. This definition of Discretionary trusts may be disputed by other professionals. Our attempt is to provide easy definitions on Discretionary trusts and any other medical topic for the public at large.
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