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| This dictionary contains: 8526 juridical terms |
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Marshalling securities
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Marshalling securitiesEquity. When a party has two funds by which his debt is secured, and another creditor has a claim only on one of these funds, a court of equity will compel the creditor having a double security to resort to that fund which will leave the other creditor his security, this is called marshalling assets.
RELATED TERMS--------------------------------------
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".
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.
Party
Practice, contracts. When applied to practice, by party is understood either the plaintiff or defendant. In contracts, a party is one or more persons who engage to perform or receive the performance of some agreement.
Funds
Cash on hands; as, A B is in funds to pay my bill on him; stocks, as, A B has $1000 in the funds. By public funds is understood, the taxes, customs, &c . appropriated by the, government for the discharge of its obligations.
Debt
Whatever one owes. A sum of money due by certain and express agreement.
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.
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.
Court
A body in government to which the administration of justice is delegated.
Will
A will is a legal document in which a person directs how his property is to be distributed after his death. Such documents must be executed in due form and must be duly witnessed.
Double
Twofold.
Security
That which renders a matter sure; an instrument which renders certain the performance of a contract. The term is also sometimes applied to designate a person who becomes the surety for another, or who engages himself for the performance of another's contract.
Resort
The authority or jurisdiction of a court. The supreme court of the United States is a court of the last resort.
Marshalling
The equitable process, whereby the Marshal or the court orders a creditor who has a secured right on more than one res or more than one fund belonging to the debtor or security from two or more debtors for the same debt, to exercise his right on the security in a manner which will be in the best interests of all the creditors.
Assets
Cash, property and investments along with anything else that may be of value to a individual or business.
SIMILAR TERMS--------------------------------------
Marsh, Melissa
California law firm.
Marshal
An officer of the United States, whose duty it is to execute the process of the courts of the United States. His duties are very similar to those of a sheriff.
Marshalling
The equitable process, whereby the Marshal or the court orders a creditor who has a secured right on more than one res or more than one fund belonging to the debtor or security from two or more debtors for the same debt, to exercise his right on the security in a manner which will be in the best interests of all the creditors.
Marshalsea
English law. The name of a prison belonging to the court of the king's bench.
PREVIOUS AND NEXT TERMS--------------------------------------
Marriage portion
That property which is given to a woman on her marriage.
Marriage settlement
An agreement made by the parties in contemplation of marriage by which the title to certain property is changed, and the property to some extent becomes tied up, and is rendered inalienable.
Marriage, promise of
A promise of marriage is a contract entered into between a man and woman that they will marry each other.
Marshal
An officer of the United States, whose duty it is to execute the process of the courts of the United States. His duties are very similar to those of a sheriff.
Marshalling
The equitable process, whereby the Marshal or the court orders a creditor who has a secured right on more than one res or more than one fund belonging to the debtor or security from two or more debtors for the same debt, to exercise his right on the security in a manner which will be in the best interests of all the creditors.
Marshalling securities
Marshalsea
English law. The name of a prison belonging to the court of the king's bench.
Martial law
Martial law is a code established for the government of the army and navy of the United States
Martindale-hubbell lawyer directory
A publication of several volumes which contains names, addresses, specialties, and rating of United States lawyers; also includes digests of state and foreign statutory law.
Maryland
One of the original states of the United States of America. The province of Maryland was included in the patent of the Southern or Virginia company; and upon the dissolution of that company, it reverted to the crown. Charles the First, on the 20th of June, 1632, granted it by patent to Lord Baltimore. Under this charter Maryland continued to be governed, with some short intervals of interruption, down to the period of the American Revolution, by the successors of the original proprietor.
Masculine
That which belongs to the male sex.
RELATED TERMS--------------------------------------
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".
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.
Party
Practice, contracts. When applied to practice, by party is understood either the plaintiff or defendant. In contracts, a party is one or more persons who engage to perform or receive the performance of some agreement.
Funds
Cash on hands; as, A B is in funds to pay my bill on him; stocks, as, A B has $1000 in the funds. By public funds is understood, the taxes, customs, &c . appropriated by the, government for the discharge of its obligations.
Debt
Whatever one owes. A sum of money due by certain and express agreement.
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.
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.
Court
A body in government to which the administration of justice is delegated.
Will
A will is a legal document in which a person directs how his property is to be distributed after his death. Such documents must be executed in due form and must be duly witnessed.
Double
Twofold.
Security
That which renders a matter sure; an instrument which renders certain the performance of a contract. The term is also sometimes applied to designate a person who becomes the surety for another, or who engages himself for the performance of another's contract.
Resort
The authority or jurisdiction of a court. The supreme court of the United States is a court of the last resort.
Marshalling
The equitable process, whereby the Marshal or the court orders a creditor who has a secured right on more than one res or more than one fund belonging to the debtor or security from two or more debtors for the same debt, to exercise his right on the security in a manner which will be in the best interests of all the creditors.
Assets
Cash, property and investments along with anything else that may be of value to a individual or business.
SIMILAR TERMS--------------------------------------
Marsh, Melissa
California law firm.
Marshal
An officer of the United States, whose duty it is to execute the process of the courts of the United States. His duties are very similar to those of a sheriff.
Marshalling
The equitable process, whereby the Marshal or the court orders a creditor who has a secured right on more than one res or more than one fund belonging to the debtor or security from two or more debtors for the same debt, to exercise his right on the security in a manner which will be in the best interests of all the creditors.
Marshalsea
English law. The name of a prison belonging to the court of the king's bench.
PREVIOUS AND NEXT TERMS--------------------------------------
Marriage portion
That property which is given to a woman on her marriage.
Marriage settlement
An agreement made by the parties in contemplation of marriage by which the title to certain property is changed, and the property to some extent becomes tied up, and is rendered inalienable.
Marriage, promise of
A promise of marriage is a contract entered into between a man and woman that they will marry each other.
Marshal
An officer of the United States, whose duty it is to execute the process of the courts of the United States. His duties are very similar to those of a sheriff.
Marshalling
The equitable process, whereby the Marshal or the court orders a creditor who has a secured right on more than one res or more than one fund belonging to the debtor or security from two or more debtors for the same debt, to exercise his right on the security in a manner which will be in the best interests of all the creditors.
Marshalling securities
Marshalsea
English law. The name of a prison belonging to the court of the king's bench.
Martial law
Martial law is a code established for the government of the army and navy of the United States
Martindale-hubbell lawyer directory
A publication of several volumes which contains names, addresses, specialties, and rating of United States lawyers; also includes digests of state and foreign statutory law.
Maryland
One of the original states of the United States of America. The province of Maryland was included in the patent of the Southern or Virginia company; and upon the dissolution of that company, it reverted to the crown. Charles the First, on the 20th of June, 1632, granted it by patent to Lord Baltimore. Under this charter Maryland continued to be governed, with some short intervals of interruption, down to the period of the American Revolution, by the successors of the original proprietor.
Masculine
That which belongs to the male sex.
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This dictionary contains 8526 terms.
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