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Mortification
MortificationScotch law. This term is nearly synonymous with mortmain. RELATED TERMS-------------------------------------- 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. 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. 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. SIMILAR TERMS-------------------------------------- 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. Mortgage A legal instrument that creates a lien upon real estate securing the payment of a specific debt. Mortgagee Estates, contracts. He to whom a mortgage is made. Mortgagor Estate's, contracts. He who makes a mortgage. 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. Mortuaries English law. These are a sort of ecclesiastical heriots, being a customary gift claimed by and due to the minister, in many parishes, on the death of the parishioner. Mortuum vadium A mortgage; a dead pledge Mortuus est A return made by the sheriff, when the defendant is dead, as an excuse for not executing the writ. PREVIOUS AND NEXT TERMS-------------------------------------- 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 (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. 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 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. Mortuaries English law. These are a sort of ecclesiastical heriots, being a customary gift claimed by and due to the minister, in many parishes, on the death of the parishioner. Mortuum vadium A mortgage; a dead pledge Mortuus est A return made by the sheriff, when the defendant is dead, as an excuse for not executing the writ. Most significant connection The principle of the conflict of laws according to which the "proper" (i.e. applicable) law of a contract or tort is the law which, on policy grounds, appears to have the most significant connection with the chain of acts and consequences in the particular case at hand. This connection is assessed by consideration of the "connecting factors," or "contacts" (supra), linking the legal situation concerned with the different jurisdictions involved. The term was used by J.H.C. Morris in his renowned essays, "Torts in the Conflict of Laws" (1949) 12 Modern Law Rev. 248 and "The Proper Law of a Tort" (1951) 64 Harv. L. Rev. 881. In contract conflicts, the corresponding term generally used in the United Kingdom and British Commonwealth countries today is "closest and most real connection". We thank you for using the Juridical Dictionary to search for Mortification. If you have a better definition for Mortification than the one presented here, please let us know by making use of the suggest a term option. This definition of Mortification may be disputed by other professionals. Our attempt is to provide easy definitions on Mortification and any other medical topic for the public at large.
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