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Mcleod, james gary
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Mcleod, james garyThe Canadian authority who in the Dicey and Morris/Restatement fashion, proposes two hundred and five rules to the conflicts of law. The first forty-seven rules refer to generalities and to jurisdiction, but the remainder consists of specific and detailed rules for specific issues. McLeod cites both English and Canadian jurisprudence, which he criticizes and synthesizes to formulate the proposed rules. He does, nevertheless, accept that issues such as domicile, residence and situs are really only connecting factors.
RELATED TERMS--------------------------------------
Authority
Government. The right and power which an officer has in the exercise of a public function to compel obedience to his lawful commands.
Dicey
Albert Vein Dicey. As Vinerian professor of English law at Oxford (1882-1909), Dicey published his three most influential works: the Introduction to the Study of the Law of the Constitution (1885); Conflict of Laws (1896); and Law and Opinion in the Nineteenth Century (1905). Today, Dicey & Morris, The Conflict of Laws, 13 Ed. (2000) is the classic text on fixed rules solving conflict of law problems in England.
Hundred
English law. A district of country originally comprehending one hundred families. In many cases, when an offence is committed within the -hundred, the inhabitants tire civilly responsible to the party injured.
Rules
English law. The rules of the King's Bench and Fleet are certain limits without the actual walls of the prisons, where the prisoner, on proper security previously given to the marshal of the king's bench, or warden of the fleet, may reside; those limits are considered, for all legal and practical purposes, as merely a further extension of the prison walls.
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.
Jurisdiction
Practice. A power constitutionally conferred upon a judge or magistrate, to take cognizance of, and decide causes according to law, and to carry his sentence into execution. The tract of land or district within which a judge or magistrate has jurisdiction, is called his territory, and his power in relation to his territory is called his territorial jurisdiction.
Remainder
Estates. The remnant of an estate in lands or tenements expectant on a particular estate, created together with the same, at one time.
Issues
English law. The goods and profits of the lands of a defendant against whom a writ of distringas or distress infinite has been issued, taken by virtue of such writ, are called issues.
Jurisprudence
Formal study of the principles on which legal rules are based and the means by which judges guide their decision making.
Domicile
The place at which a person has physical presence, which that person regards as home, and to which that person intends to return and remain even though currently residing elsewhere. The concept of domicile includes the concept of place and the concept of a settled connection with the place. A person has a settled connection with his or her domicile for legal purposes, either because that place is home or because the law has so designated that place.
Residence
The place of one's domicil. There is a difference between a man's residence and his domicil. He may have his domicil in Philadelphia, and still he may have a residence in New York; for although a man can have but one domicil, he may have several residences. A residence is generally tran-sient in its nature, it becomes a domicil when it is taken up animo manendi.
Situs
Situation;, location.
SIMILAR TERMS--------------------------------------
PREVIOUS AND NEXT TERMS--------------------------------------
May
To be permited; to be at liberty; to have the power.
Mayhem
Crimes. The act of unlawfully and violently depriving another of the use of such of his members as may render him less able in fighting either to defend himself or annoy his adversary; and therefore the cutting or disabling, or weakening a man's hand or finger, or striking out his eye or foretooth, or depriving him of those parts the loss of which abates his courage, are held to be mayhems. But cutting off the ear or nose or the like, are not held to be mayhems at common law.
Mayhemavit
Maimed. This is a term of art which cannot be supplied in pleadings by any other word; as, mutilavit, truncavit,
Mayor
Officer. The chief or executive magistrate of a city who bears this title.
Mayor's court
The name of a court usually established in cities, composed of a mayor, recorder and aldermen, generally having jurisdiction of offences committed within the city, and of other matters specially given them by the statute.
Mcleod, james gary
Mean
This word is sometimes used for mesne.
Meason-due
A corruption of Maison de Dieu.
Measure
That which is used as a rule to determine a quantity. A certain quantity of something, taken for a unit, and which expresses a relation with other quantities of the same thing.
Measure of damages
Practice. Those principles or rules of law which control a jury in adjusting or proportioning the damages, in certain cases.
Mediate, powers
Those incident to primary powers, given by a principal to Iiis agent. For example, the general authority given to collect, receive and pay debts due by or to the principal is a primary power. In order to accomplish this it is frequently required to settle accounts, adjust disputed claims, resist those which are unjust, and answer and defend suits; these subordinate powers are sometimes called mediate powers.
RELATED TERMS--------------------------------------
Authority
Government. The right and power which an officer has in the exercise of a public function to compel obedience to his lawful commands.
Dicey
Albert Vein Dicey. As Vinerian professor of English law at Oxford (1882-1909), Dicey published his three most influential works: the Introduction to the Study of the Law of the Constitution (1885); Conflict of Laws (1896); and Law and Opinion in the Nineteenth Century (1905). Today, Dicey & Morris, The Conflict of Laws, 13 Ed. (2000) is the classic text on fixed rules solving conflict of law problems in England.
Hundred
English law. A district of country originally comprehending one hundred families. In many cases, when an offence is committed within the -hundred, the inhabitants tire civilly responsible to the party injured.
Rules
English law. The rules of the King's Bench and Fleet are certain limits without the actual walls of the prisons, where the prisoner, on proper security previously given to the marshal of the king's bench, or warden of the fleet, may reside; those limits are considered, for all legal and practical purposes, as merely a further extension of the prison walls.
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.
Jurisdiction
Practice. A power constitutionally conferred upon a judge or magistrate, to take cognizance of, and decide causes according to law, and to carry his sentence into execution. The tract of land or district within which a judge or magistrate has jurisdiction, is called his territory, and his power in relation to his territory is called his territorial jurisdiction.
Remainder
Estates. The remnant of an estate in lands or tenements expectant on a particular estate, created together with the same, at one time.
Issues
English law. The goods and profits of the lands of a defendant against whom a writ of distringas or distress infinite has been issued, taken by virtue of such writ, are called issues.
Jurisprudence
Formal study of the principles on which legal rules are based and the means by which judges guide their decision making.
Domicile
The place at which a person has physical presence, which that person regards as home, and to which that person intends to return and remain even though currently residing elsewhere. The concept of domicile includes the concept of place and the concept of a settled connection with the place. A person has a settled connection with his or her domicile for legal purposes, either because that place is home or because the law has so designated that place.
Residence
The place of one's domicil. There is a difference between a man's residence and his domicil. He may have his domicil in Philadelphia, and still he may have a residence in New York; for although a man can have but one domicil, he may have several residences. A residence is generally tran-sient in its nature, it becomes a domicil when it is taken up animo manendi.
Situs
Situation;, location.
SIMILAR TERMS--------------------------------------
PREVIOUS AND NEXT TERMS--------------------------------------
May
To be permited; to be at liberty; to have the power.
Mayhem
Crimes. The act of unlawfully and violently depriving another of the use of such of his members as may render him less able in fighting either to defend himself or annoy his adversary; and therefore the cutting or disabling, or weakening a man's hand or finger, or striking out his eye or foretooth, or depriving him of those parts the loss of which abates his courage, are held to be mayhems. But cutting off the ear or nose or the like, are not held to be mayhems at common law.
Mayhemavit
Maimed. This is a term of art which cannot be supplied in pleadings by any other word; as, mutilavit, truncavit,
Mayor
Officer. The chief or executive magistrate of a city who bears this title.
Mayor's court
The name of a court usually established in cities, composed of a mayor, recorder and aldermen, generally having jurisdiction of offences committed within the city, and of other matters specially given them by the statute.
Mcleod, james gary
Mean
This word is sometimes used for mesne.
Meason-due
A corruption of Maison de Dieu.
Measure
That which is used as a rule to determine a quantity. A certain quantity of something, taken for a unit, and which expresses a relation with other quantities of the same thing.
Measure of damages
Practice. Those principles or rules of law which control a jury in adjusting or proportioning the damages, in certain cases.
Mediate, powers
Those incident to primary powers, given by a principal to Iiis agent. For example, the general authority given to collect, receive and pay debts due by or to the principal is a primary power. In order to accomplish this it is frequently required to settle accounts, adjust disputed claims, resist those which are unjust, and answer and defend suits; these subordinate powers are sometimes called mediate powers.
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This dictionary contains 8526 terms.
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