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Morris, john humphrey carlile
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Morris, john humphrey carlile(1910- ) In The Proper Law of a Tort, (1951) Morris introduced the term "proper law of the tort", which he defined as "…the law which, on policy grounds, seems to have the most significant connection with the chain of acts and consequences in the particular situation before us." The concept of the "closest and most real connection", as seen in Dicey & Morris, in The Conflict of Laws, 1, is the basic concept of most conflict of laws legislation, national or international. Morris' concepts of "the most significant connection" / "the closest and most real connection" in contract.
RELATED TERMS--------------------------------------
Proper
That which is essential, suitable, adapted, and correct.
Tort
An injury; a wrong; hence the expression an executor de son tort, of his own wrong.
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.
Grounds
A legal basis for a divorce.
Real
1) A term which is applied to land in its most enlarged signification. Real security, therefore, means the security of mortgages or other incumbrances affecting lands. 2) In the civil law, real has not the same meaning as it has in the common law. There it signifies what relates to a thing, whether it be movable or immovable, lands or goods; thus, a real injury is one which is done to a thing, as a trespass to property, whether it be real or personal in the common law sense. A real statute is one which relates to a thing, in contradistinction to such as relate to a person.
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.
Conflict
The opposition or difference between two judicial jurisdictions, when they both claim the right to decide a cause, or where they both declare their incompetency.
Legislation
Written and approved laws. Also known as "statutes" or "acts." In constitutional law, one would talk of the "power to legislate" or the "legislative arm of government" referring to the power of political bodies (eg: house of assembly, Congress, Parliament) to write the laws of the land.
National
National or public domain. All the property which belongs to the state is comprehended under the name of national or public domain.
International
That which pertains to intercourse between nations. International law is that which regulates the intercourse between, or the relative rights of nations.
Contract
A negotiated oral or written agreement setting forth the terms for an exchange of value between parties (which may be individuals or companies) and under which each party promises to perform an obligation. Certain terms, such as the obligations to be performed and the terms for setting price or compensation must be mutually understood, known in legal lingo as a "meeting of the minds," and promised to by the parties to form a legal contract.
SIMILAR TERMS--------------------------------------
PREVIOUS AND NEXT TERMS--------------------------------------
Moral obligation
A duty which one owes, and which he ought to perform, but which he is not legally bound to fulfil.
Moral rights
The right, originating in Europe, to maintain control over work after it is sold to another, such as the right to claim authorship or prevent modification. Moral rights are separate from economic rights held by a copyright owner and are not recognized in the United States for writings, but are recognized for visual arts.
Moratorium
The temporary suspension of legal action against a person.
Moratur, in lege
He demurs in law. He rests on the pleadings of the case, and abides the judgment of the court.
Morgantic marriage
During the middle ages, there was an intermediate estate between matrimony and concubinage, known by this name. It is defined to be a lawful and inseparable conjunction of a single man, of noble and illustrious birth, with a single woman of an inferior or plebeian station, upon this condition, that neither the wife nor children should partake of the title, arms, or dignity of the husband, nor succeed to his inheritance, but should have a certain allowance assigned to them by the morgantic contract. The marriage ceremony was regularly performed; the union: was for life and indissoluble; and the children were considered legitimate, though they could not inherit.
Morris, john humphrey carlile
Mort d'ancestor
An ancient and now almost obsolete remedy in the English law. An assize of mort d'ancestor was a writ which was sued out where, after the decease of a man's ancestor, a stranger abated, and entered into the estate.
Mortgagee
Estates, contracts. He to whom a mortgage is made.
Mortgagor
Estate's, contracts. He who makes a mortgage.
Mortification
Scotch law. This term is nearly synonymous with mortmain.
Mortmain
An unlawful alienation of lands, or tenements to any corporation, sole or aggregate, ecclesiastical or temporal. These purchases having been chiefly made by religious houses, in consequence of which lands became perpetually inherent in one dead hand, this has occasioned the general appellation of mortmain to be applied to such alienations.
RELATED TERMS--------------------------------------
Proper
That which is essential, suitable, adapted, and correct.
Tort
An injury; a wrong; hence the expression an executor de son tort, of his own wrong.
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.
Grounds
A legal basis for a divorce.
Real
1) A term which is applied to land in its most enlarged signification. Real security, therefore, means the security of mortgages or other incumbrances affecting lands. 2) In the civil law, real has not the same meaning as it has in the common law. There it signifies what relates to a thing, whether it be movable or immovable, lands or goods; thus, a real injury is one which is done to a thing, as a trespass to property, whether it be real or personal in the common law sense. A real statute is one which relates to a thing, in contradistinction to such as relate to a person.
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.
Conflict
The opposition or difference between two judicial jurisdictions, when they both claim the right to decide a cause, or where they both declare their incompetency.
Legislation
Written and approved laws. Also known as "statutes" or "acts." In constitutional law, one would talk of the "power to legislate" or the "legislative arm of government" referring to the power of political bodies (eg: house of assembly, Congress, Parliament) to write the laws of the land.
National
National or public domain. All the property which belongs to the state is comprehended under the name of national or public domain.
International
That which pertains to intercourse between nations. International law is that which regulates the intercourse between, or the relative rights of nations.
Contract
A negotiated oral or written agreement setting forth the terms for an exchange of value between parties (which may be individuals or companies) and under which each party promises to perform an obligation. Certain terms, such as the obligations to be performed and the terms for setting price or compensation must be mutually understood, known in legal lingo as a "meeting of the minds," and promised to by the parties to form a legal contract.
SIMILAR TERMS--------------------------------------
PREVIOUS AND NEXT TERMS--------------------------------------
Moral obligation
A duty which one owes, and which he ought to perform, but which he is not legally bound to fulfil.
Moral rights
The right, originating in Europe, to maintain control over work after it is sold to another, such as the right to claim authorship or prevent modification. Moral rights are separate from economic rights held by a copyright owner and are not recognized in the United States for writings, but are recognized for visual arts.
Moratorium
The temporary suspension of legal action against a person.
Moratur, in lege
He demurs in law. He rests on the pleadings of the case, and abides the judgment of the court.
Morgantic marriage
During the middle ages, there was an intermediate estate between matrimony and concubinage, known by this name. It is defined to be a lawful and inseparable conjunction of a single man, of noble and illustrious birth, with a single woman of an inferior or plebeian station, upon this condition, that neither the wife nor children should partake of the title, arms, or dignity of the husband, nor succeed to his inheritance, but should have a certain allowance assigned to them by the morgantic contract. The marriage ceremony was regularly performed; the union: was for life and indissoluble; and the children were considered legitimate, though they could not inherit.
Morris, john humphrey carlile
Mort d'ancestor
An ancient and now almost obsolete remedy in the English law. An assize of mort d'ancestor was a writ which was sued out where, after the decease of a man's ancestor, a stranger abated, and entered into the estate.
Mortgagee
Estates, contracts. He to whom a mortgage is made.
Mortgagor
Estate's, contracts. He who makes a mortgage.
Mortification
Scotch law. This term is nearly synonymous with mortmain.
Mortmain
An unlawful alienation of lands, or tenements to any corporation, sole or aggregate, ecclesiastical or temporal. These purchases having been chiefly made by religious houses, in consequence of which lands became perpetually inherent in one dead hand, this has occasioned the general appellation of mortmain to be applied to such alienations.
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This dictionary contains 8526 terms.
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