Juridical Dictionary

This dictionary contains:
8526
juridical terms

Mortuaries




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.

RELATED TERMS
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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.

Ecclesiastical
Belonging to, or set apart for the church.

Heriots
English law. A render of the best beast or other goods, as the custom may be, to the lord, on the death of the tenant.

Gift
1) Conveyancing. A voluntary conveyance; that is, a conveyance not founded on the consideration of money or blood. The word denotes rather the motive of the conveyance; so that a feoffment or grant may be called a gift when gratuitous. A gift is of the same nature as a settlement; neither denotes a form of assurance, but the nature of the transaction. 2) Contracts. The act by which the owner of a thing, voluntarily transfers the title and possession of the same, from himself to another person who accepts it, without any consideration. It differs from a grant, sale, or barter in this, that in each of these cases there must be a consideration, and a gift, as the definitionstates, must be without consideration.

Minister
1) Government. An officer who is placed near the sovereign, and is invested with the administration of some one of the principal branches of the government. 2) International law. This is the general name given to public functionaries who represent their country abroad, such as ambassadors, nvoys, and residents. A custom of recent origin has introduced a new kind of ministers, without any particular determination of character; these are simply called ministers, to indicate that they are invested with the general character of a sovereign's mandatories, without any particular assignment of rank or character. 3) Ecclesiastical. law. One ordained by some church to preach the gospel. 4) Mediator. An officer appointed by the government of one nation, with the consent of two other nations, who have a matter in dispute, with a view by his interference and good office to have such matter settled.

Death
Cessation of life; extinction of political existence.



SIMILAR TERMS
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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.

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.

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
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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.

Mortuaries

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.

Mother
Domestic relations. A woman who has borne a child.

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This dictionary contains 8526 terms.







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