Juridical Dictionary

This dictionary contains:
8526
juridical terms

Dominant mind




Dominant mind

The dominant mind test permits the judge to determine whether the tug or the tow controls the towage operation and aids in determining whether the contract is "of" services (controlled by the tow) or "for" services (controlled by the tug). In this way, liabilities for loss or damage arising out of towage may be allocated. (In particular, the judge is the dominant mind.).

RELATED TERMS
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Dominant
Estates. In the civil law, this term is used to signify the estate to which a servitude or easement is due from another estate.

Test
Something by which to ascertain the truth respecting another thing.

Judge
An elected or appointed public official with authority to hear and decide cases in a court of law.

Towage
Contracts. That which is given for towing ships in rivers.

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.

Loss
contracts. The deprivation of something which one had, which was either advantageous, agreeable or commodious.

Damage
Torts. The loss caused by one person to another, or to his property, either with the design of injuring him, with negligence and carelessness, or by inevitable accident.



SIMILAR TERMS
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Domicile
The place at which a person has physical presence, which that person regards as home, and to which that person intends to return and remain even though currently residing elsewhere. The concept of domicile includes the concept of place and the concept of a settled connection with the place. A person has a settled connection with his or her domicile for legal purposes, either because that place is home or because the law has so designated that place.

Dominant
Estates. In the civil law, this term is used to signify the estate to which a servitude or easement is due from another estate.

Dominant tenement
Used when referring to easements to specify that property (i.e. tenement) or piece of land that benefits from, or has the advantage of, an easement.

Dominion
The right of the owner of a thing to use it or dispose of it at his pleasure.

Dominion directum
Latin: the qualified ownership of a landlord, not having possession or use of property but retaining ownership. Used in feudal English land systems to describe the King's ownership of all the land, even though most of it was lent out to lords for their exclusive use and enjoyment.

Dominion utile
Latin: the property rights of a tenant. While not owning the property in a legal sense, the tenant, as having dominion utile, enjoys full and exclusive possession and use of the property.

Dominium
(United Kingdom) Ownership.

Domitae
Subdued, tame, not wild.



PREVIOUS AND NEXT TERMS
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Dome-book
Dome-book, Doom-book or Dom-bec. A book in which Alfred the Great, of England, after uniting the Saxon heptarchy, collected the various customs dispersed through the kingdom, and digested them into one uniform code.

Domesday
Domesday or Domesday-book. An ancient record made in the time of William the Conqueror, and now remaining in the English exchequer, consisting of two volumes of unequal sizes, containing surveys of the lands in England.

Domesday-book
Domesday-book or Domesday. An ancient record made in the time of William the Conqueror, and now remaining in the English exchequer, consisting of two volumes of unequal sizes, containing surveys of the lands in England.

Domicile
The place at which a person has physical presence, which that person regards as home, and to which that person intends to return and remain even though currently residing elsewhere. The concept of domicile includes the concept of place and the concept of a settled connection with the place. A person has a settled connection with his or her domicile for legal purposes, either because that place is home or because the law has so designated that place.

Dominant
Estates. In the civil law, this term is used to signify the estate to which a servitude or easement is due from another estate.

Dominant mind

Dominant tenement
Used when referring to easements to specify that property (i.e. tenement) or piece of land that benefits from, or has the advantage of, an easement.

Dominion
The right of the owner of a thing to use it or dispose of it at his pleasure.

Dominion directum
Latin: the qualified ownership of a landlord, not having possession or use of property but retaining ownership. Used in feudal English land systems to describe the King's ownership of all the land, even though most of it was lent out to lords for their exclusive use and enjoyment.

Dominion utile
Latin: the property rights of a tenant. While not owning the property in a legal sense, the tenant, as having dominion utile, enjoys full and exclusive possession and use of the property.

Dominium
(United Kingdom) Ownership.

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This dictionary contains 8526 terms.







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