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| This dictionary contains: 8526 juridical terms |
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Maritime lien
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Maritime lienA secured claim against a ship (and sometimes against cargo or bunkers) in respect of services provided to the vessel or damages done by it. A maritime lien is a substantive right in the property of another, derived from the general maritime law (supra) and rooted in the civil law concept of a "privilège". It arises without notice, registration or other formalities, at the time the services are rendered or the damages are done. Unlike a common law possessory lien (infra), it does not depend for its existence on the possession of the res by the creditor. It travels with the ship, so as to encumber the title of subsequent owners or possessors and survives the conventional sale of the vessel. It remains inchoate from the moment it attaches, until it is enforced by an action in rem, when it relates back to the time it first attached. In the U.K. and British Commonwealth countries, it ranks after special legislative rights (infra), the costs of arrest and sale and custodia legis expenses (supra) and before ship mortgages (infra) and statutory rights in rem (infra).
RELATED TERMS--------------------------------------
Claim
A demand for resolution or remedy of a grievance, or for something that is rightly the claimant's. Example: A demand for payment to recover a loss protected by an insurance policy. A demand in a court of law filed by a claimant on any juridical issue he / she considers.
Ship
This word, in its most enlarged sense, signifies a vessel employed in navigation; for example, the terms the ship's papers, the ship's hushand, shipwreck, and the like, are employed whether the vessel referred to be a brig, a sloop, or a three-masted vessel.
Cargo
Maritim law. The entire load of a ship or other vessel.
Damages
A cash compensation ordered by a court to offset losses or suffering caused by another's fault or negligence. Damages are a typical request made of a court when persons sue for breach of contract or tort.
Maritime
That which belongs to or is connected with the sea.
Lien
Contracts. In its most extensive signification, this term includes every case in which real or personal property is charged with the payment of any debt or duty; every such charge being denominated a lien on the property. In a more limited sense it is defined to be a right of detaining the property of another until some claim be satisfied.
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.
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.
General
1) A principal officer, particularly in the army. 2) Something opposed to special; as, a general verdict, the general issue, which expressions are used in contradistinction to special verdict, special issue. 3) Principal, as the general post office. 4) Not select, as a general ship. 5) Not particular, as a general custom. 5) Not limited, as general jurisdiction. 7) This word is sometimes annexed or prefixed to other words to express or limit the extent of their signification; as Attorney General, Solicitor General, the General Assembly.
Civil
1) It is used in contradistinction to barbarous or savage, to indicate a state of society reduced to order and regular government; thus we speak of civil life, civil society, civil government, and civil liberty. 2) It is sometimes used in contradistinction to criminal, to indicate the private rights and remedies of men, as members of the community, in contrast to those which are public and relate to the government; thus we speak of civil process and criminal process, civil jurisdiction and criminal jurisdiction.
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.
Notice
The information given of some act done, or the interpellation by which some act is required to be done. It also signifies, simply, knowledge; as A had notice that B was a slave.
Time
Contracts, evidence, practice. The measure of duration., It is divided into years, months. days, hours, minutes, and seconds. It is also divided into day and night. 2) Pleading. The avertment of time is generally necessary in pleading; the rules are different, in different actions.
Common
marriage law. a marriage in which no formal ceremony took place and no license exists.
Possession
International law. By possession is meant a country which is held by no other title than mere conquest.
Creditor
Creditor or obligee. Contracts. The person in favor of whom some obliga- tion is contracted, whether such obligation be to pay money, or to do, or not to do something.
Title
1) Estates. A title is defined by Lord Coke to be the means whereby the owner of lands hath the just possession of his property. 2) Legislation That part of an act of the legislature by which it is known, and distinguished from other acts the name of the act. 3) Rights. The name of a newwpaper a book, and the like.
Sale
Contracts. An agreement by which one of the contracting parties, called the seller, gives a thing and passes the title to it, in exchange for a certain price in current money, to the other party, who is called the buyer or purchaser, who, on his part, agrees to pay such price.
Inchoate
That which is not yet completed or finished. Contracts are considered inchoate until they are executed by all the parties who ought to have executed them.
Action
1) French commercial. Stock in a company, shares in a corporation. 2)Civil law. An action instituted to avoid a sale onaccount of some Vice or defect in the thing sold which readers it either absolutely useless, or its use so inconvenient and, imperfect, that it must be, supposed the buyer would not have purchased it, had he known of the vice.
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.
Commonwealth
Government. A commonwealth is properly a free state, or republic, having a popular or representative government.
Special
That which relates to a particular species or kind, opposed to general; as special verdict and general verdict; special imparlance and general imparlance; special jury, or one selected for a particular case, and general jury; special issue and general issue, &c.
Costs
This is a term often used in judgments as in "the defendant will pay costs." When a person is condemned to "costs" it means that he has to pay all the court costs such as the fees for bringing the action, witness fees and other fees paid out by the other side in bringing the action to justice. A court can also condemn a losing party to "special costs" but this is considered punitive as it would include the other side's lawyer bill. The rule in most places is that "costs follows the event" which means that the loser pays. In most states, the court has the final say on costs and may decide not to make an order on costs.
Arrest
To stop; to seize; to deprive one of his liberty by virtue of legal authority.
Statutory
Relating to a statute; created or defined by a law.
SIMILAR TERMS--------------------------------------
Marinarius
An ancient word which signified a mariner or seaman; in England marinarius capitaneus, was the admiral or warden of the ports.
Marine
Whatever concerns the navigation of the sea, and forms the naval power of a nation is called its marine.
Marine and shipping law unit
A research centre specializing in maritime law and the international law of the sea, operating at the T.C. Beirne School of Law, University of Queensland, Australia.
Marine contract
One which relates to business done or transacted upon the sea and in sea ports, and over which the courts of admiralty have jurisdiction concurrent with the courts of common law; such contracts include according to civilians and jurists among other things, charter parties, affreightments, marine hypothecations, contracts for the marine service in the building, re-pairing, supplying and navigating ships; contracts and quasi contracts respec- ting averages, contributions and jettisons, and policies of insurance.
Marine insurance
Contracts. A contract by which one party, for a stipulated premium, undertakes to indemnify the other, against all perils or sea risks, to which his ship; freight or cargo, or some of them, may be exposed, during a certain voyage or fixed period of time.
Marine insurance act
The Canadian federal statute on marine insurance, modelled on the United Kingdom's Marine Insurance Act, 1906..
Marine insurance industry
marine insurance may be divided into three categories: cargo; hull and machinery; and protection and indemnity
Marine interest
Contracts. A compensation paid for the use and risk of money loaned on respondentia and bottomry; provided the money be loaned and put in risk, there is no limit as to the amount which may be lawfully charged by the lender.
Marine league
A measure equal to the twentieth part of a degree.
Marine reinsurance
A contract whereby risks insured under a number of marine insurance contracts are redistributed among one or more reinsurers. Marine reinsurance contracts are often termed "reinsurance treaties".
Mariner
One whose occupation is to navigate vessels on the sea.
Maritagium
Anciently that portion which was given with a daughter in marriage.
Marital
That which belongs to marriage; as marital rights, marital duties.
Marital portion
In Louisiana, this name is given to that part of a deceased husband's estate, to which the widow is entitled.
Marital property
Property that is acquired by the spouses during the marriage. it typically does not include any property owned prior to marriage.
Marital settlement agreement
A written agreement entered into by the spouses getting divorced stating their rights and agreements pertaining to property, support and custody.
Maritime
That which belongs to or is connected with the sea.
Maritime cause
Maritime causes are those arising from maritime contracts, whether made at sea or on land, that is, such as relate to the commerce, business or navigation of the sea; as, charter parties, affreightments, marine loans, hypothecations, contracts for maritime service in building, repairing, supplying and navigating ships, contracts and quasi contracts respecting averages, contributions and jettisons; contracts relating to marine insurance, and those between owners of ships.
Maritime contract
One which relates to the navigation of the sea.
Maritime law
That system of law which relates to the affairs of the sea, such as seamen, ships, shipping, navigation, and the like.
Maritime loan
A contract or agreement by which one, who is the lender, lends to another, who is the borrower, a certain sum of money, upon condition that if the thing upon which the loan has been made, should be lost by any peril of the sea, or vis major, the lender shall not be repaid, unless what remains shall be equal to the sum borrowed; and if the thing arrive in safety, or in case it shall not have been injured, but by its own defects or the fault of the master or mariners, the borrower shall be bound to return the sum borrowed, together with a certain sum agreed upon as the price of the hazard incurred.
Maritime london
An organization promoting London as the world's premier maritime centre. Its website features news, information and links to various maritime organizations in the United Kingdom.
Maritime profit
Maritime law. The French writers use the term maritime profit to signify any profit derived from a maritime lean.
PREVIOUS AND NEXT TERMS--------------------------------------
Marital settlement agreement
A written agreement entered into by the spouses getting divorced stating their rights and agreements pertaining to property, support and custody.
Maritime
That which belongs to or is connected with the sea.
Maritime cause
Maritime causes are those arising from maritime contracts, whether made at sea or on land, that is, such as relate to the commerce, business or navigation of the sea; as, charter parties, affreightments, marine loans, hypothecations, contracts for maritime service in building, repairing, supplying and navigating ships, contracts and quasi contracts respecting averages, contributions and jettisons; contracts relating to marine insurance, and those between owners of ships.
Maritime contract
One which relates to the navigation of the sea.
Maritime law
That system of law which relates to the affairs of the sea, such as seamen, ships, shipping, navigation, and the like.
Maritime lien
Maritime loan
A contract or agreement by which one, who is the lender, lends to another, who is the borrower, a certain sum of money, upon condition that if the thing upon which the loan has been made, should be lost by any peril of the sea, or vis major, the lender shall not be repaid, unless what remains shall be equal to the sum borrowed; and if the thing arrive in safety, or in case it shall not have been injured, but by its own defects or the fault of the master or mariners, the borrower shall be bound to return the sum borrowed, together with a certain sum agreed upon as the price of the hazard incurred.
Maritime london
An organization promoting London as the world's premier maritime centre. Its website features news, information and links to various maritime organizations in the United Kingdom.
Maritime profit
Maritime law. The French writers use the term maritime profit to signify any profit derived from a maritime lean.
Mark
This term has several acceptations: 1) It is a sign traced on paper or parchment, which stands in the place of a signature, usually made by persons who cannot write. 2) It is the sign, writing or ticket put upon manufactured goods to distinguish them from others.3) Mark or marc, denotes a weight used in several parts of Europe, and for several commodities, especially gold and silver. When gold and silver are sold by the mark, it is divided into twenty-four carats. 4) Mark is also in England a money of accounts, and in some other countries a coin.
Mark up
The difference between what the agency or broker pays the writer and the amount the agency bills the client for the writer's work. Usually calculated as a certain percentage of the writer's billing rate or fee. The markup covers all of the agency's costs and profits.
RELATED TERMS--------------------------------------
Claim
A demand for resolution or remedy of a grievance, or for something that is rightly the claimant's. Example: A demand for payment to recover a loss protected by an insurance policy. A demand in a court of law filed by a claimant on any juridical issue he / she considers.
Ship
This word, in its most enlarged sense, signifies a vessel employed in navigation; for example, the terms the ship's papers, the ship's hushand, shipwreck, and the like, are employed whether the vessel referred to be a brig, a sloop, or a three-masted vessel.
Cargo
Maritim law. The entire load of a ship or other vessel.
Damages
A cash compensation ordered by a court to offset losses or suffering caused by another's fault or negligence. Damages are a typical request made of a court when persons sue for breach of contract or tort.
Maritime
That which belongs to or is connected with the sea.
Lien
Contracts. In its most extensive signification, this term includes every case in which real or personal property is charged with the payment of any debt or duty; every such charge being denominated a lien on the property. In a more limited sense it is defined to be a right of detaining the property of another until some claim be satisfied.
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.
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.
General
1) A principal officer, particularly in the army. 2) Something opposed to special; as, a general verdict, the general issue, which expressions are used in contradistinction to special verdict, special issue. 3) Principal, as the general post office. 4) Not select, as a general ship. 5) Not particular, as a general custom. 5) Not limited, as general jurisdiction. 7) This word is sometimes annexed or prefixed to other words to express or limit the extent of their signification; as Attorney General, Solicitor General, the General Assembly.
Civil
1) It is used in contradistinction to barbarous or savage, to indicate a state of society reduced to order and regular government; thus we speak of civil life, civil society, civil government, and civil liberty. 2) It is sometimes used in contradistinction to criminal, to indicate the private rights and remedies of men, as members of the community, in contrast to those which are public and relate to the government; thus we speak of civil process and criminal process, civil jurisdiction and criminal jurisdiction.
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.
Notice
The information given of some act done, or the interpellation by which some act is required to be done. It also signifies, simply, knowledge; as A had notice that B was a slave.
Time
Contracts, evidence, practice. The measure of duration., It is divided into years, months. days, hours, minutes, and seconds. It is also divided into day and night. 2) Pleading. The avertment of time is generally necessary in pleading; the rules are different, in different actions.
Common
marriage law. a marriage in which no formal ceremony took place and no license exists.
Possession
International law. By possession is meant a country which is held by no other title than mere conquest.
Creditor
Creditor or obligee. Contracts. The person in favor of whom some obliga- tion is contracted, whether such obligation be to pay money, or to do, or not to do something.
Title
1) Estates. A title is defined by Lord Coke to be the means whereby the owner of lands hath the just possession of his property. 2) Legislation That part of an act of the legislature by which it is known, and distinguished from other acts the name of the act. 3) Rights. The name of a newwpaper a book, and the like.
Sale
Contracts. An agreement by which one of the contracting parties, called the seller, gives a thing and passes the title to it, in exchange for a certain price in current money, to the other party, who is called the buyer or purchaser, who, on his part, agrees to pay such price.
Inchoate
That which is not yet completed or finished. Contracts are considered inchoate until they are executed by all the parties who ought to have executed them.
Action
1) French commercial. Stock in a company, shares in a corporation. 2)Civil law. An action instituted to avoid a sale onaccount of some Vice or defect in the thing sold which readers it either absolutely useless, or its use so inconvenient and, imperfect, that it must be, supposed the buyer would not have purchased it, had he known of the vice.
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.
Commonwealth
Government. A commonwealth is properly a free state, or republic, having a popular or representative government.
Special
That which relates to a particular species or kind, opposed to general; as special verdict and general verdict; special imparlance and general imparlance; special jury, or one selected for a particular case, and general jury; special issue and general issue, &c.
Costs
This is a term often used in judgments as in "the defendant will pay costs." When a person is condemned to "costs" it means that he has to pay all the court costs such as the fees for bringing the action, witness fees and other fees paid out by the other side in bringing the action to justice. A court can also condemn a losing party to "special costs" but this is considered punitive as it would include the other side's lawyer bill. The rule in most places is that "costs follows the event" which means that the loser pays. In most states, the court has the final say on costs and may decide not to make an order on costs.
Arrest
To stop; to seize; to deprive one of his liberty by virtue of legal authority.
Statutory
Relating to a statute; created or defined by a law.
SIMILAR TERMS--------------------------------------
Marinarius
An ancient word which signified a mariner or seaman; in England marinarius capitaneus, was the admiral or warden of the ports.
Marine
Whatever concerns the navigation of the sea, and forms the naval power of a nation is called its marine.
Marine and shipping law unit
A research centre specializing in maritime law and the international law of the sea, operating at the T.C. Beirne School of Law, University of Queensland, Australia.
Marine contract
One which relates to business done or transacted upon the sea and in sea ports, and over which the courts of admiralty have jurisdiction concurrent with the courts of common law; such contracts include according to civilians and jurists among other things, charter parties, affreightments, marine hypothecations, contracts for the marine service in the building, re-pairing, supplying and navigating ships; contracts and quasi contracts respec- ting averages, contributions and jettisons, and policies of insurance.
Marine insurance
Contracts. A contract by which one party, for a stipulated premium, undertakes to indemnify the other, against all perils or sea risks, to which his ship; freight or cargo, or some of them, may be exposed, during a certain voyage or fixed period of time.
Marine insurance act
The Canadian federal statute on marine insurance, modelled on the United Kingdom's Marine Insurance Act, 1906..
Marine insurance industry
marine insurance may be divided into three categories: cargo; hull and machinery; and protection and indemnity
Marine interest
Contracts. A compensation paid for the use and risk of money loaned on respondentia and bottomry; provided the money be loaned and put in risk, there is no limit as to the amount which may be lawfully charged by the lender.
Marine league
A measure equal to the twentieth part of a degree.
Marine reinsurance
A contract whereby risks insured under a number of marine insurance contracts are redistributed among one or more reinsurers. Marine reinsurance contracts are often termed "reinsurance treaties".
Mariner
One whose occupation is to navigate vessels on the sea.
Maritagium
Anciently that portion which was given with a daughter in marriage.
Marital
That which belongs to marriage; as marital rights, marital duties.
Marital portion
In Louisiana, this name is given to that part of a deceased husband's estate, to which the widow is entitled.
Marital property
Property that is acquired by the spouses during the marriage. it typically does not include any property owned prior to marriage.
Marital settlement agreement
A written agreement entered into by the spouses getting divorced stating their rights and agreements pertaining to property, support and custody.
Maritime
That which belongs to or is connected with the sea.
Maritime cause
Maritime causes are those arising from maritime contracts, whether made at sea or on land, that is, such as relate to the commerce, business or navigation of the sea; as, charter parties, affreightments, marine loans, hypothecations, contracts for maritime service in building, repairing, supplying and navigating ships, contracts and quasi contracts respecting averages, contributions and jettisons; contracts relating to marine insurance, and those between owners of ships.
Maritime contract
One which relates to the navigation of the sea.
Maritime law
That system of law which relates to the affairs of the sea, such as seamen, ships, shipping, navigation, and the like.
Maritime loan
A contract or agreement by which one, who is the lender, lends to another, who is the borrower, a certain sum of money, upon condition that if the thing upon which the loan has been made, should be lost by any peril of the sea, or vis major, the lender shall not be repaid, unless what remains shall be equal to the sum borrowed; and if the thing arrive in safety, or in case it shall not have been injured, but by its own defects or the fault of the master or mariners, the borrower shall be bound to return the sum borrowed, together with a certain sum agreed upon as the price of the hazard incurred.
Maritime london
An organization promoting London as the world's premier maritime centre. Its website features news, information and links to various maritime organizations in the United Kingdom.
Maritime profit
Maritime law. The French writers use the term maritime profit to signify any profit derived from a maritime lean.
PREVIOUS AND NEXT TERMS--------------------------------------
Marital settlement agreement
A written agreement entered into by the spouses getting divorced stating their rights and agreements pertaining to property, support and custody.
Maritime
That which belongs to or is connected with the sea.
Maritime cause
Maritime causes are those arising from maritime contracts, whether made at sea or on land, that is, such as relate to the commerce, business or navigation of the sea; as, charter parties, affreightments, marine loans, hypothecations, contracts for maritime service in building, repairing, supplying and navigating ships, contracts and quasi contracts respecting averages, contributions and jettisons; contracts relating to marine insurance, and those between owners of ships.
Maritime contract
One which relates to the navigation of the sea.
Maritime law
That system of law which relates to the affairs of the sea, such as seamen, ships, shipping, navigation, and the like.
Maritime lien
Maritime loan
A contract or agreement by which one, who is the lender, lends to another, who is the borrower, a certain sum of money, upon condition that if the thing upon which the loan has been made, should be lost by any peril of the sea, or vis major, the lender shall not be repaid, unless what remains shall be equal to the sum borrowed; and if the thing arrive in safety, or in case it shall not have been injured, but by its own defects or the fault of the master or mariners, the borrower shall be bound to return the sum borrowed, together with a certain sum agreed upon as the price of the hazard incurred.
Maritime london
An organization promoting London as the world's premier maritime centre. Its website features news, information and links to various maritime organizations in the United Kingdom.
Maritime profit
Maritime law. The French writers use the term maritime profit to signify any profit derived from a maritime lean.
Mark
This term has several acceptations: 1) It is a sign traced on paper or parchment, which stands in the place of a signature, usually made by persons who cannot write. 2) It is the sign, writing or ticket put upon manufactured goods to distinguish them from others.3) Mark or marc, denotes a weight used in several parts of Europe, and for several commodities, especially gold and silver. When gold and silver are sold by the mark, it is divided into twenty-four carats. 4) Mark is also in England a money of accounts, and in some other countries a coin.
Mark up
The difference between what the agency or broker pays the writer and the amount the agency bills the client for the writer's work. Usually calculated as a certain percentage of the writer's billing rate or fee. The markup covers all of the agency's costs and profits.
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