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| This dictionary contains: 8526 juridical terms |
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Mortmain
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MortmainAn 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--------------------------------------
Unlawful
That which is contrary to law.
Corporation
A legal entity, allowed by legislation, which permits a group of people, as shareholders (for-profit companies) or members (non-profit companies), to create an organization, which can then focus on pursuing set objectives, and empowered with legal rights which are usually only reserved for individuals, such as to sue and be sued, own property, hire employees or loan and borrow money. Also known as a "company." The primary advantage of for profit corporations is that it provides its shareholders with a right to participate in the profits (by dividends) without any personal liability because the company absorbs the entire liability of the organization.
Sole
Alone, single; used in contradistinction to joint or married. A sole tenant, therefore, is one who holds lands in his own right, without being joined with any other. A feme sole is a single woman; a sole corporation is one composed of only one natural person.
Ecclesiastical
Belonging to, or set apart for the church.
Dead
Something which has no life; figuratively, something of no value.
Hand
"1) That part of the human body at the end of the arm. 2) Formerly the hand was considered as the symbol of good faith, and some contracts derive their names from the fact that the hand was used in making them; as handsale, mandatum which comes from ä manu datä. The hand is still used for various legal or forensic purposes. When a person is accused of a crime and he is arraigned, and he is asked to hold up his right hand; and when one is sworn as a witness, he is required to lay his right hand on the Bible, or to hold it up. 3) Hand is also the name of a measure of length used in ascertaining the height of horses. It is four inches long. 4) In a figurative sense, by hand is understood a particular form of writing; as if B writes a good hand. Various kinds of hand have been used, as, the secretary hand, the Roman hand, the court hand. Wills and contracts may be written in any of these, or any other which is intelligible.
General
1) A principal officer, particularly in the army. 2) Something opposed to special; as, a general verdict, the general issue, which expressions are used in contradistinction to special verdict, special issue. 3) Principal, as the general post office. 4) Not select, as a general ship. 5) Not particular, as a general custom. 5) Not limited, as general jurisdiction. 7) This word is sometimes annexed or prefixed to other words to express or limit the extent of their signification; as Attorney General, Solicitor General, the General Assembly.
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.
Mortification
Scotch law. This term is nearly synonymous with mortmain.
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--------------------------------------
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
Scotch law. This term is nearly synonymous with mortmain.
Mortmain
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".
Most significant relationship
The conflict of laws principle that requires that the "proper" (applicable) law be that of the state having the closest and most real connection with the facts of the case concerned. The term was derived from "most significant connection" as first used by J.H.C. Morris and was introduced into American private international law by Willis M. Reese, the principal author of the Restatement (Second) of the Conflict of Laws, 1969, where it figures prominently.
RELATED TERMS--------------------------------------
Unlawful
That which is contrary to law.
Corporation
A legal entity, allowed by legislation, which permits a group of people, as shareholders (for-profit companies) or members (non-profit companies), to create an organization, which can then focus on pursuing set objectives, and empowered with legal rights which are usually only reserved for individuals, such as to sue and be sued, own property, hire employees or loan and borrow money. Also known as a "company." The primary advantage of for profit corporations is that it provides its shareholders with a right to participate in the profits (by dividends) without any personal liability because the company absorbs the entire liability of the organization.
Sole
Alone, single; used in contradistinction to joint or married. A sole tenant, therefore, is one who holds lands in his own right, without being joined with any other. A feme sole is a single woman; a sole corporation is one composed of only one natural person.
Ecclesiastical
Belonging to, or set apart for the church.
Dead
Something which has no life; figuratively, something of no value.
Hand
"1) That part of the human body at the end of the arm. 2) Formerly the hand was considered as the symbol of good faith, and some contracts derive their names from the fact that the hand was used in making them; as handsale, mandatum which comes from ä manu datä. The hand is still used for various legal or forensic purposes. When a person is accused of a crime and he is arraigned, and he is asked to hold up his right hand; and when one is sworn as a witness, he is required to lay his right hand on the Bible, or to hold it up. 3) Hand is also the name of a measure of length used in ascertaining the height of horses. It is four inches long. 4) In a figurative sense, by hand is understood a particular form of writing; as if B writes a good hand. Various kinds of hand have been used, as, the secretary hand, the Roman hand, the court hand. Wills and contracts may be written in any of these, or any other which is intelligible.
General
1) A principal officer, particularly in the army. 2) Something opposed to special; as, a general verdict, the general issue, which expressions are used in contradistinction to special verdict, special issue. 3) Principal, as the general post office. 4) Not select, as a general ship. 5) Not particular, as a general custom. 5) Not limited, as general jurisdiction. 7) This word is sometimes annexed or prefixed to other words to express or limit the extent of their signification; as Attorney General, Solicitor General, the General Assembly.
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.
Mortification
Scotch law. This term is nearly synonymous with mortmain.
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--------------------------------------
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
Scotch law. This term is nearly synonymous with mortmain.
Mortmain
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".
Most significant relationship
The conflict of laws principle that requires that the "proper" (applicable) law be that of the state having the closest and most real connection with the facts of the case concerned. The term was derived from "most significant connection" as first used by J.H.C. Morris and was introduced into American private international law by Willis M. Reese, the principal author of the Restatement (Second) of the Conflict of Laws, 1969, where it figures prominently.
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This dictionary contains 8526 terms.
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