Juridical Dictionary

This dictionary contains:
8526
juridical terms

Legal estate






Legal estate

One, the right to which may be enforced in a court of law. It is distinguished from an equitable estate, the rights to which can be established only in a court of equity.

RELATED TERMS
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Right
1) Sometimes it signifies a law, as when we say that natural right requires us to keep our promises, or that it commands restitution, or that it forbids murder. In our language it is seldom used in this sense. 2) It sometimes means that quality in our actions by which they are denominated just ones. This is usually denominated rectitude. 3) It is that quality in a person by which he can do certain actions, or possess certain things which belong to him by virtue of some title. In this sense, we use it when we say that a man has a right to his estate or a right to defend himself.

Court
A body in government to which the administration of justice is delegated.

Law
A rule or body of rules of conduct inherent in human nature and essential to or binding upon human society. The learned profession that is mastered by graduate study in a law school and that is responsible for the judicial system.

Equitable
That which is in conformity to the natural law.

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

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".



SIMILAR TERMS
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Legacy
A bequest or gift of goods or chattels by testament. This word, though properly applicable to bequests of personal estate only, has nevertheless been extended to property not technically within its import, in order to effectuate the intention of the testator, so as to include real property and annuities.

Legacy, accumulative
An accumulative legacy is a second request given by the same testator to the same legatee, whether it be of the same kind of thing, as money, or whether it be of different things, as, one hundred dollars, in one legacy, and a thousand dollars in another, or whether the sums are equal or whether the legacies are of a different naturer.

Legacy, additional
An additional legacy is one which is given by a codicil, besides one before given by the will; or it is an increase by a codicil of a legacy before given by the will. An additional legacy is generally subject to the same qualities and conditions as the original legacy.

Legacy, alternative
One where the testator gives one of two things to the legatee without designating which of them; as, one of my two horses.

Legacy, conditional
A request which is to take effect upon the happening or, not happening of a certain event.

Legacy, demonstrative
A demonstrative legacy is a request of a certain sum of money; intended for the legatee at all events, with a fund particularly referred to for its payment; so that if the estate be not the testator's property at his death, the legacy will not fail: but be payable out of general assets.

Legacy, indefinite
A request of things which are not enumerated or ascertained as to numbers or quantities; as, a bequest by a testator of all his goods, all his stocks in the funds.

Legacy, lapsed
A legacy is said to be lapsed or extinguished, when the legatee dies before the testator, or before the condition upon which the legacy is given has been performed, or before the time at which it is directed to vest in interest has arrived.

Legacy, m0dal
A modal legacy is a bequest accompanied with directions as to the mode in which it should be applied for the legatee's benefit; for example, a legacy to Titius to put him an apprentice.

Legacy, pecuniary
A pecuniary legacy is one of money; pecuniary legacies are most usually general legacies, but there may be a specific pecuniary legacy; for example, of the money in a certain bag.

Legacy, residuary
That which is of the remainder of an estate after the payment of all the debts and other legacies.

Legal
That which is according to law. It is used in opposition to equitable, as the legal estate is, in the trustee, the equitable estate in the cestui que trust.

Legal advice
Advice given by a member of the legal profession prior to filing a lawsuit or establishing a defense strategy.

Legal aid
Aid given to a person or company in order to get proper legal advice or defence, or to file a lawsuit.

Legal arbitration
Arbitration on a legal dispute.

Legal assistance
Assistance on juridical issues that a lawyer usually conducts with his clients, persons which are not familiarized with legal aspects and terms.

Legal consideration
The value to be exchanged for performance of a contract. A requirement for a binding contract.

Legal contract
A contract based on the laws in force.

Legal custody
A child custody decision which entails the right to make, or participate in, the significant decisions affecting a child's health and welfare (compare with physical custody and joint custody).

Legal defense
A defense which is ample or adequate in law as against the particular demand. Legal defense often stands opposed to equitable defense, q.v.

Legal definition
The specifically law-related definition for a given term.

Legal dictionary
A dictionary of legal terms.

Legal document
A document which establishes rights and duties according to the law.

Legal download movie
A movie to be downloaded legally.

Legal drug
A drug which is not prohibited by the law.

Legal form
A form to fill which deals with legal matters.

Legal heir
Civil law. A legal heir is one who is of the same blood of the deceased, and who takes the succession by force of law; this is different from a testamentary or conventional heir, who takes the succession in virtue of the disposition of man. There are three classes of legal heirs, to wit; the children and other lawful descendants; the fathers and mothers and other lawful ascendants; and the collateral kindred.

Legal information
The kind of information many producers provide in order to disclaim responsibility or establish legal concepts related to their product or service.

Legal jargon
The specific set of confusing terms used by the legal profession to puzzle the rest of the world.

Legal job
Any job in the legal profession.

Legal jobs
Any jobs within the legal profession.

Legal malpractice
The practice of the legal profession in an incorrect way, creating damage to the client.

Legal name change
A change of name which complies with the legal rules on the matter.

Legal notice
A notice given to the public or to another person or company for legal purposes.

Legal process
A formal paper that is legally valid; something issuing from the court, usually a command such as a writ or mandate.

Legal representatives
Legal representatives, successors and assigns. Nonparties to a contract who may acquire or exercise rights under the contract, such as a writer's estate or attorney.

Legal seafood
Seafood which complies with all legal requirements.

Legal secretary
A secretary specialized in legal matters.

Legal separation
A separation according to the law.

Legal services
All services provided by a law firm, including litigation and consultancy.

Legal software
Software obtained without copyright abuse.

Legal steroid
A steroid admitted by the health authorities.

Legal terminology
The specific set of terms used by the legal profession.

Legal terms
The terms under which an agreement is legally adopted.

Legal texts
Books that cover specific areas of the law, usually dealing with a single topic.

Legal transcription
An official transcription of a conversation, normally for court use. Or, the transcription of a legal proceeding.

Legal translation
An official translation for court use, or a translation of legal texts.

Legal will
A legal document in which a person states his will on how to use his belongings after he will pass away. The legal will, normally, includes real estate, personal objects and wishes dispositions written down by the deceased during his lifetime.

Legal wills
Last wills which comply with the law.

Legalis homo
A person who stands rectus in curia, who possesses all his civil rights. A lawful man. One who stands rectus in curia, not outlawed nor infamous. In this sense are the words probi et legates homines.

Legalization
1) The act of making lawful. 2) By legalization, is also understood the act by which a judge or competent officer authenticates a record, or other matter, in order that the same may be lawfully read in evidence.

Legalization dependents
A maximum of 55,000 visas were issued to spouses and children of aliens legalized under the provisions of the Immigration Reform and Control Act of 1986 in each of fiscal years 1992-94.

Legalized aliens
Certain illegal aliens who were eligible to apply for temporary resident status under the legalization provision of the Immigration Reform and Control Act of 1986. To be eligible, aliens must have continuously resided in the United States in an unlawful status since January 1, 1982, not be excludable, and have entered the United States either 1) illegally before January 1, 1982, or 2) as temporary visitors before January 1, 1982, with their authorized stay expiring before that date or with the Government’s knowledge of their unlawful status before that date.

Legantine constitutions
The name of a code of ecclesiastical laws, enacted in national synods under Pope Gregory IX., and Pope Clement IV., about the years from 1220 to 1230.

Legatary
One to whom anything is bequeathed; a legatee. This word is sometimes though seldom used to designate a legate or nuncio.

Legatee
A legatee is a person to whom a legacy is given by a last will and testament.

Legates
Legates are extraordinary ambassadors sent by the pope to catholic countries to represent him, and to exercise his jurisdiction. They are distinguished from the ambassadors of the pope who are sent to other powers.

Legation
An embassy; a mission.

Legatory
Dead man's part or share. The third part of a freeman's personal estate, which by the custom of London, in case he had a wife and children, the freeman might always have disposed of by will.



PREVIOUS AND NEXT TERMS
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Legacy, residuary
That which is of the remainder of an estate after the payment of all the debts and other legacies.

Legal
That which is according to law. It is used in opposition to equitable, as the legal estate is, in the trustee, the equitable estate in the cestui que trust.

Legal consideration
The value to be exchanged for performance of a contract. A requirement for a binding contract.

Legal custody
A child custody decision which entails the right to make, or participate in, the significant decisions affecting a child's health and welfare (compare with physical custody and joint custody).

Legal defense
A defense which is ample or adequate in law as against the particular demand. Legal defense often stands opposed to equitable defense, q.v.

Legal estate

Legal heir
Civil law. A legal heir is one who is of the same blood of the deceased, and who takes the succession by force of law; this is different from a testamentary or conventional heir, who takes the succession in virtue of the disposition of man. There are three classes of legal heirs, to wit; the children and other lawful descendants; the fathers and mothers and other lawful ascendants; and the collateral kindred.

Legal process
A formal paper that is legally valid; something issuing from the court, usually a command such as a writ or mandate.

Legal representatives
Legal representatives, successors and assigns. Nonparties to a contract who may acquire or exercise rights under the contract, such as a writer's estate or attorney.

Legal texts
Books that cover specific areas of the law, usually dealing with a single topic.

Legalis homo
A person who stands rectus in curia, who possesses all his civil rights. A lawful man. One who stands rectus in curia, not outlawed nor infamous. In this sense are the words probi et legates homines.

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This dictionary contains 8526 terms.