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| This dictionary contains: 8526 juridical terms |
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Equitable division (distribution)
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Equitable division (distribution)A system of dividing property acquired by spouses during their marriage in connection with a divorce proceeding.
RELATED TERMS--------------------------------------
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.
Marriage
A contract made in due form of law, by which a free man and a free woman reciprocally engage to live with each other during their joint lives, in the union which ought io exist between husband and wife. By the terms freeman and freewoman in this definition are meant, not only that they are free and not slaves, but also that they are clear of all bars to a lawful marriage.
Divorce
The divorce is the legal ending of a marriage. Divorcing refers to limited aspects: to get a judgment of divorce and to make arrangements for distribution of property, child custody and spousal support, in some cases. A divorce starts with a petition (complaint) made by spouse (petitioner) and ends with an order for divorce called judgment. The petition is a standard document for divorce that shows the facts and issues and what the petitioner wants. After being filed with the court, it is served on the other spouse to give notice that the divorce case has started. Then the other spouse (respondent) can file a response, if necessary, but within a stated time (30 days after the petition is served). If a response is filed, the divorce case is “contested” and if there is no response, the case is “uncontested”. The uncontested divorce is relatively simple: it consists in paperwork and red tape to judgment. Some couples might need working out a written marital settlement agreement. A petitioner’s appearance in court might be required, although many states have procedures that don’t require hearing. Contested divorce has many complicated steps, the presence of a lawyer being very helpful and efficient in saving time and emotional stress. A contested divorce can become uncontested if one spouse simply drops out of the contest or if the spouses reach an agreement. About 95% of all divorce cases are able to reach agreement and settle without the need to go to trial. Collaborative divorce involves two clients and two attorneys who work together to reach a settlement with best possible result for both parties after negotiations of financial issues and custody. The law is used to impose a decision only when there is a disagreement brought into court. When children are involved, the judge might take a look at the terms to make sure they are well supported and protected.
Proceeding
In its general acceptation, this word means the form in which actions are to be brought and defended, the manner of intervening in suits, of conducting them, the mode of deciding them, of opposing judgments and of executing.
SIMILAR TERMS--------------------------------------
Equinox
The name given to two periods of the year when the days and nights are equal; that is, when the space of time between the rising and setting of the sun is one half of a natural day.
Equitable
That which is in conformity to the natural law.
Equitable action
An action which may be brought for the purpose of restraining the threatened infliction of wrongs or injuries, and the prevention of threatened illegal action.
Equitable defense
A defense, in a common-law action, which rests upon equitable or legal and equitable grounds.
Equitable estate
An equitable estate is a right or interest in land, which, not having the properties of a legal estate, but being merely a right of which courts of equity will take notice, requires the aid of such court to make it available.
Equitable mortgage
English law. The deposit of title-deeds, by the owner of an estate, with a person from whom he has borrowed money, with an accompanying agreement to execute a regular mortgage, or by the mere deposit, without even any verbal agreement respecting a regular security.
Equity
A branch of English law which developed hundreds of years ago when litigants would go to the King and complain of harsh or inflexible rules of common law which prevented "justice" from prevailing. For example, strict common law rules would not recognize unjust enrichment, which was a legal relief developed by the equity courts. The typical Court of Equity decision would prevent a person from enforcing a common law court judgment. The kings delegated this special judicial review power over common law court rulings to chancellors. A new branch of law developed known as "equity", with their decisions eventually gaining precedence over those of the common law courts. A whole set of equity law principles were developed based on the predominant "fairness" characteristic of equity such as "equity will not suffer a wrong to be without a remedy" or "he who comes to equity must come with clean hands".
Equity analysis
A term I have coined for the recent American theory of conflict of laws, whereby the law of a jurisdiction (infra) is chosen in order to arrive at an equitable or teleological (infra) solution to a conflict problem.
Equity, court of
A court of equity is one which administers justice, where there are no legal rights, or legal rights, but courts of law do not afford a complete, remedy, and where the complainant has also an equitable right.
Equity, courts of
Courts which administer a legal remedy according to the system of equity, as distinguished from courts of common law.
Equivalent
Of the same value.
Equivocal
What has a double sense.
PREVIOUS AND NEXT TERMS--------------------------------------
Equal protection of the law
The guarantee in the Fourteenth Amendment to the U.S. Constitution that all persons be treated equally by the law.
Equinox
The name given to two periods of the year when the days and nights are equal; that is, when the space of time between the rising and setting of the sun is one half of a natural day.
Equitable
That which is in conformity to the natural law.
Equitable action
An action which may be brought for the purpose of restraining the threatened infliction of wrongs or injuries, and the prevention of threatened illegal action.
Equitable defense
A defense, in a common-law action, which rests upon equitable or legal and equitable grounds.
Equitable division (distribution)
Equitable estate
An equitable estate is a right or interest in land, which, not having the properties of a legal estate, but being merely a right of which courts of equity will take notice, requires the aid of such court to make it available.
Equitable mortgage
English law. The deposit of title-deeds, by the owner of an estate, with a person from whom he has borrowed money, with an accompanying agreement to execute a regular mortgage, or by the mere deposit, without even any verbal agreement respecting a regular security.
Equity
A branch of English law which developed hundreds of years ago when litigants would go to the King and complain of harsh or inflexible rules of common law which prevented "justice" from prevailing. For example, strict common law rules would not recognize unjust enrichment, which was a legal relief developed by the equity courts. The typical Court of Equity decision would prevent a person from enforcing a common law court judgment. The kings delegated this special judicial review power over common law court rulings to chancellors. A new branch of law developed known as "equity", with their decisions eventually gaining precedence over those of the common law courts. A whole set of equity law principles were developed based on the predominant "fairness" characteristic of equity such as "equity will not suffer a wrong to be without a remedy" or "he who comes to equity must come with clean hands".
Equity analysis
A term I have coined for the recent American theory of conflict of laws, whereby the law of a jurisdiction (infra) is chosen in order to arrive at an equitable or teleological (infra) solution to a conflict problem.
Equity, court of
A court of equity is one which administers justice, where there are no legal rights, or legal rights, but courts of law do not afford a complete, remedy, and where the complainant has also an equitable right.
RELATED TERMS--------------------------------------
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.
Marriage
A contract made in due form of law, by which a free man and a free woman reciprocally engage to live with each other during their joint lives, in the union which ought io exist between husband and wife. By the terms freeman and freewoman in this definition are meant, not only that they are free and not slaves, but also that they are clear of all bars to a lawful marriage.
Divorce
The divorce is the legal ending of a marriage. Divorcing refers to limited aspects: to get a judgment of divorce and to make arrangements for distribution of property, child custody and spousal support, in some cases. A divorce starts with a petition (complaint) made by spouse (petitioner) and ends with an order for divorce called judgment. The petition is a standard document for divorce that shows the facts and issues and what the petitioner wants. After being filed with the court, it is served on the other spouse to give notice that the divorce case has started. Then the other spouse (respondent) can file a response, if necessary, but within a stated time (30 days after the petition is served). If a response is filed, the divorce case is “contested” and if there is no response, the case is “uncontested”. The uncontested divorce is relatively simple: it consists in paperwork and red tape to judgment. Some couples might need working out a written marital settlement agreement. A petitioner’s appearance in court might be required, although many states have procedures that don’t require hearing. Contested divorce has many complicated steps, the presence of a lawyer being very helpful and efficient in saving time and emotional stress. A contested divorce can become uncontested if one spouse simply drops out of the contest or if the spouses reach an agreement. About 95% of all divorce cases are able to reach agreement and settle without the need to go to trial. Collaborative divorce involves two clients and two attorneys who work together to reach a settlement with best possible result for both parties after negotiations of financial issues and custody. The law is used to impose a decision only when there is a disagreement brought into court. When children are involved, the judge might take a look at the terms to make sure they are well supported and protected.
Proceeding
In its general acceptation, this word means the form in which actions are to be brought and defended, the manner of intervening in suits, of conducting them, the mode of deciding them, of opposing judgments and of executing.
SIMILAR TERMS--------------------------------------
Equinox
The name given to two periods of the year when the days and nights are equal; that is, when the space of time between the rising and setting of the sun is one half of a natural day.
Equitable
That which is in conformity to the natural law.
Equitable action
An action which may be brought for the purpose of restraining the threatened infliction of wrongs or injuries, and the prevention of threatened illegal action.
Equitable defense
A defense, in a common-law action, which rests upon equitable or legal and equitable grounds.
Equitable estate
An equitable estate is a right or interest in land, which, not having the properties of a legal estate, but being merely a right of which courts of equity will take notice, requires the aid of such court to make it available.
Equitable mortgage
English law. The deposit of title-deeds, by the owner of an estate, with a person from whom he has borrowed money, with an accompanying agreement to execute a regular mortgage, or by the mere deposit, without even any verbal agreement respecting a regular security.
Equity
A branch of English law which developed hundreds of years ago when litigants would go to the King and complain of harsh or inflexible rules of common law which prevented "justice" from prevailing. For example, strict common law rules would not recognize unjust enrichment, which was a legal relief developed by the equity courts. The typical Court of Equity decision would prevent a person from enforcing a common law court judgment. The kings delegated this special judicial review power over common law court rulings to chancellors. A new branch of law developed known as "equity", with their decisions eventually gaining precedence over those of the common law courts. A whole set of equity law principles were developed based on the predominant "fairness" characteristic of equity such as "equity will not suffer a wrong to be without a remedy" or "he who comes to equity must come with clean hands".
Equity analysis
A term I have coined for the recent American theory of conflict of laws, whereby the law of a jurisdiction (infra) is chosen in order to arrive at an equitable or teleological (infra) solution to a conflict problem.
Equity, court of
A court of equity is one which administers justice, where there are no legal rights, or legal rights, but courts of law do not afford a complete, remedy, and where the complainant has also an equitable right.
Equity, courts of
Courts which administer a legal remedy according to the system of equity, as distinguished from courts of common law.
Equivalent
Of the same value.
Equivocal
What has a double sense.
PREVIOUS AND NEXT TERMS--------------------------------------
Equal protection of the law
The guarantee in the Fourteenth Amendment to the U.S. Constitution that all persons be treated equally by the law.
Equinox
The name given to two periods of the year when the days and nights are equal; that is, when the space of time between the rising and setting of the sun is one half of a natural day.
Equitable
That which is in conformity to the natural law.
Equitable action
An action which may be brought for the purpose of restraining the threatened infliction of wrongs or injuries, and the prevention of threatened illegal action.
Equitable defense
A defense, in a common-law action, which rests upon equitable or legal and equitable grounds.
Equitable division (distribution)
Equitable estate
An equitable estate is a right or interest in land, which, not having the properties of a legal estate, but being merely a right of which courts of equity will take notice, requires the aid of such court to make it available.
Equitable mortgage
English law. The deposit of title-deeds, by the owner of an estate, with a person from whom he has borrowed money, with an accompanying agreement to execute a regular mortgage, or by the mere deposit, without even any verbal agreement respecting a regular security.
Equity
A branch of English law which developed hundreds of years ago when litigants would go to the King and complain of harsh or inflexible rules of common law which prevented "justice" from prevailing. For example, strict common law rules would not recognize unjust enrichment, which was a legal relief developed by the equity courts. The typical Court of Equity decision would prevent a person from enforcing a common law court judgment. The kings delegated this special judicial review power over common law court rulings to chancellors. A new branch of law developed known as "equity", with their decisions eventually gaining precedence over those of the common law courts. A whole set of equity law principles were developed based on the predominant "fairness" characteristic of equity such as "equity will not suffer a wrong to be without a remedy" or "he who comes to equity must come with clean hands".
Equity analysis
A term I have coined for the recent American theory of conflict of laws, whereby the law of a jurisdiction (infra) is chosen in order to arrive at an equitable or teleological (infra) solution to a conflict problem.
Equity, court of
A court of equity is one which administers justice, where there are no legal rights, or legal rights, but courts of law do not afford a complete, remedy, and where the complainant has also an equitable right.
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This dictionary contains 8526 terms.
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