Juridical Dictionary

This dictionary contains:
8526
juridical terms

Estate tax






Estate tax

Generally, a tax on the privilege of transferring property to others after a person's death. In addition to federal estate taxes, many states have their own estate taxes.

RELATED TERMS
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Privilege
1) Civil law. A right which the nature of a debt gives to a creditor, and which entitles him to be preferred before other creditors. 2) Maritime law. An allowance to the master of a ship of the general nature with primage, being compensation or rather a gratuity customary in certain trades, and which the law assumes to be a fair and equitable allowance, because the contract on both sides is made under the knowledge such usage by the parties. 3) Rights. This word, taken its active sense, is a particular law, or a particular disposition of the law, which grants certain special prerogatives to some persons, contrary to common right. In its passive sense, it is the same prerogative granted by the same particular law.

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.

Death
Cessation of life; extinction of political existence.

Federal
Government. This term is commonly used to express a league or compact between two or more states.

Estate
A right or interest in property or the property of a deceased person.

Taxes
Government's forcible collection of money from the supposedly free citizens. The excuse for this is catering for the needs of others, as well as vague concepts like "general interest" or the country's public welfare. In democratic countries, taxes are theoretically legitimized by the majority's will via laws enacted by a representative parliament, but the fundamental flaw remains that the taxed citizen has not been invited to negotiate the tax individually.

States
By this name are understood in some countries, the assembly of the different orders of the people to regulate the affairs of the commonwealth, as, the states general.



SIMILAR TERMS
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Establish
This word occurs frequently in the Constitution of the United $tates, and it is there used in different meanings. 1) To settle firmly, to fix unalterably; 2) To make or form as, to establish an uniform rule of naturalization, and uniform laws on the subject of bankruptcies, which evidently does not mean that these laws shall be unalterably established as justice. 3) To found, to create, to regulate; 4. To found, recognize, confirm or admit; 5) To create, to ratify, or confirm.

Estadal
Spanish law. In Spanish America, this was a measure of land of sixteen square varas or yards.

Estate
A right or interest in property or the property of a deceased person.

Estate law
A term used by the law to decribe that part of the law which regulates wills, probate and other subjects related to the distribution of a deceased person's "estate".



PREVIOUS AND NEXT TERMS
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Essoin
Practice. An excuse which a party bound to be in court on a particular day, offers for not being there.

Establish
This word occurs frequently in the Constitution of the United $tates, and it is there used in different meanings. 1) To settle firmly, to fix unalterably; 2) To make or form as, to establish an uniform rule of naturalization, and uniform laws on the subject of bankruptcies, which evidently does not mean that these laws shall be unalterably established as justice. 3) To found, to create, to regulate; 4. To found, recognize, confirm or admit; 5) To create, to ratify, or confirm.

Estadal
Spanish law. In Spanish America, this was a measure of land of sixteen square varas or yards.

Estate
A right or interest in property or the property of a deceased person.

Estate law
A term used by the law to decribe that part of the law which regulates wills, probate and other subjects related to the distribution of a deceased person's "estate".

Estate tax

Ester en jugement
French law. Stare in judicio. To appear before a tribunal either as plaintiff or defendant.

Estoppel
A rule of law that when person A, by act or words, gives person B reason to believe a certain set of facts upon which person B takes action, person A cannot later, to his (or her) benefit, deny those facts or say that his (or her) earlier act was improper. A 1891 English court decision summarized estoppel as "a rule of evidence which precludes a person from denying the truth of some statement previously made by himself".

Estovers
Estates. The right of taking necessary wood for the use or furniture of a house or farm, from off another's estate.

Estrays
Cattle whose owner is unknown.

Estreat
This term is used to signify a true copy or note of some original writing or record, and specially of flues and amercements imposed by a court, and extracted from the record, and certified to a proper officer or officers authorized and required to collect them.

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This dictionary contains 8526 terms.