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Merger
Merger1) Where a greater and lesser thing meet, and the latter loses its separate existence and sinks into the former. It is applied to estates, rights, crimes, and torts. 2) estates. When a greater estate and less coincide and meet in one and the same person, without any intermediate estate, the less is immediately merged, that is, sunk or drowned in the latter; example, if there be a tenant for years, and the reversion in fee simple descends to, or is purchased by him, the term of years is merged in the inheritance, and no longer exists; but they must be to one and the same person, at one and the same time, in one and the same right. 3) Criminal law. When a man commits a great crime which includes a lesser, the latter is merged in the former. 4) Rights. Rights are said to be merged when the same person who is bound to pay is also entitled to receive. This is more properly called a confusion of rights, or extinguishment. RELATED TERMS-------------------------------------- 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. Estate A right or interest in property or the property of a deceased person. Person This word is applied to men, women and children, who are called natural persons. 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. Example An example is a case put to illustrate a. principle. Tenant Estates. One who holds or possesses lands or tenements by any kind of title, either in fee, for life, for years, or at will Years Estate for years. Reversion Estates. The residue of an estate left in the grantor, to commence in possession after the determination of some particular estate granted out by him; it is also defined to be the return of land to the grantor, and Iiis heirs, after the grant is over. Simple Not compounded, alone; as, simple interest, which is interest on the principal sum lent only and not interest on the interest; simple contract, &c. Term 1) Construction. Word; expression speech. 2) Contracts. This word is used in the civil, law to denote the space of time granted to the debtor for discharging his obligation; there are express terms resulting from the positive stipulations of the agreement; as, where one undertakes to pay a certain sum on a certain day and also terms which tacitly result from the nature of the things which are the object of the engagement, or from the place where the act is agreed to be done. For instance, if a builder engage to construct a house for me, I must allow a reasonable time for fulfilling his engagement. 3) Estates. The limitation of an estate, as a term for years, for life, and the like. The word term does not merely signify the time specified in the lease, but the estate also and interest that passes by that lease; and therefore the term may expire during the continuance of the time, as by surrender, forfeiture and the like. 4) Practice. The space of time during which a court holds a session; sometimes the term is a monthly, at others it is a quarterly period, according to the constitution of the court. Inheritance 1) Estates. A perpetuity in lands to a man and his heirs; or it is the right to succeed to the estate of a person who died intestate. 2) The property which is inherited is called an inheritance. 3) Among the civilians, by inheritance is understood the succession to all the rights of the deceased. 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. 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. Criminal Relating to, or having the character of crime 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. Crime An act or omission which is prohibited by criminal law. Each state sets out a limited series of acts (crimes) which are prohibited and punishes the commission of these acts by a fine, imprisonment or some other form of punishment. In exceptional cases, an omission to act can constitute a crime, such as failing to give assistance to a person in peril or failing to report a case of child abuse. Said Before mentioned. Receive To receive. Voluntarily to take from another what is offered. Confusion The concurrence of two qualities in the same subject, which mutually destroy each other. SIMILAR TERMS-------------------------------------- PREVIOUS AND NEXT TERMS-------------------------------------- Merchant law A system of customs acknowledged and taken notice of by all commercial nations; and those customs constitute a part of the general law of the land; and being a part of that law their existence cannot be proved by witnesses, but the judges are bound to take notice of them ex officio. Merchantman A ship or vessel employed in a merchant's service. This term is used in opposition to a ship of war. Merchants' accounts In the statute of limitations, there is an exception which has been copied in the acts of the legislatures of a number of the States, that its provisions shall not apply to such accounts as concern trade and merchandise between merchant and merchant, their factors or servants. Mercy 1) Practice. To be in mercy, signifies to be liable to punishment at the discretion of the judge. 2) Criminal law. The total or partial remission of a punishment to which a convict is subject. When the whole punishment is remitted, it is called a pardon; when only a part of the punishment is remitted, it is frequently a conditional pardon; or before sentence, it is called clemency or mercy. Mere This is the French word for mother. It is frequently used as, in ventre sa mere, which signifies; a child unborn, or in the womb. Merger Merits This word is used principally in matters of defence. Merton, statute of A statute so called, because the parliament or rather council, which enacted it, sat at Merton, in Surrey. Mescroyant Used in our ancient books. An unbeliever. Mese An ancient word used to signify house, probably from the French maison; it is said that by this word the buildings, curtilage, orchards and gardens will pass. Mesne The middle between two extremes, that part between the commencement and the end, as it relates to time. We thank you for using the Juridical Dictionary to search for Merger. If you have a better definition for Merger than the one presented here, please let us know by making use of the suggest a term option. This definition of Merger may be disputed by other professionals. Our attempt is to provide easy definitions on Merger and any other medical topic for the public at large.
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