Juridical Dictionary

This dictionary contains:
8526
juridical terms

Pretermitted child




Pretermitted child

A child born after a will is executed, who is not provided for by the will. Most states have laws that provide for a share of estate property to go to such children.

RELATED TERMS
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Child
Generally, an unmarried person under 21 years of age who is: a child born in wedlock; a stepchild, provided that the child was under 18 years of age at the time that the marriage creating the stepchild relationship occurred; a legitimated child, provided that the child was legitimated while in the legal custody of the legitimating parent; a child born out of wedlock, when a benefit is sought on the basis of its relationship with its mother, or to its father if the father has or had a bona fide relationship with the child; a child adopted while under 16 years of age who has resided since adoption in the legal custody of the adopting parents for at least 2 years; or an orphan, under 16 years of age, who has been adopted abroad by a U.S. citizen or has an immediate-relative visa petition submitted in his/her behalf and is coming to the United States for adoption by a U.S. citizen.

Will
A will is a legal document in which a person directs how his property is to be distributed after his death. Such documents must be executed in due form and must be duly witnessed.

States
By this name are understood in some countries, the assembly of the different orders of the people to regulate the affairs of the commonwealth, as, the states general.

Share
A portion of anything. Sometimes shares are equal, at other times they are unequal.

Estate
A right or interest in property or the property of a deceased person.

Property
Property is commonly thought of as a thing which belongs to someone and over which a person has total control. But, legally, it is more properly defined as a collection of legal rights over a thing. These rights are usually total and fully enforceable by the state or the owner against others. It has been said that "property and law were born and die together. Before laws were made there was no property. Take away laws and property ceases." before laws were written and enforced, property had no relevance. Possession was all that mattered. There are many classifications of property, the most common being between real property or immoveable property (real estate such as land or buildings) and "chattel", or "moveable" (things which are not attached to the land such as a bicycle, a car or a hammer) and between public (property belonging to everybody or to the state) and private property.



SIMILAR TERMS
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Pret a usage
Loan for use. This phrase is used in the French law instead of commodatum

Pretense
Also False Pretense. To represent something to be what it is not.

Pretention
French law. The claim made to a thing which a party believes himself entitled to demand, but which is not admitted or adjudged to be his.

Preterition
Civil law. The omission by a testator of some one of his heirs who is entitled to a legitime, in the succession.

Pretext
The reasons assigned to justify an act, which have only the appearance of truth, and which are without foundation; or which if true are not the true reasons for such act.

Pretium affectionis
An imaginary value put upon a thing by the fancy of the owner in his affection for it, or for the person from whom he obtained it.

Pretrial conference
Conference among the opposing attorneys and the judge called at the discretion of the court to narrow the issues to be tried and to make a final effort to settle the case without a trial.



PREVIOUS AND NEXT TERMS
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Presumptive heir
One who, if the ancestor should die immediately, would under the present circumstances of things be his heir, but whose right of inheritance may be defeated by the contingency of some nearer heir being born; as a brother, who is the presumptive heir, may be defeated by the birth of a child to the ancestor.

Pret a usage
Loan for use. This phrase is used in the French law instead of commodatum

Pretense
Also False Pretense. To represent something to be what it is not.

Pretention
French law. The claim made to a thing which a party believes himself entitled to demand, but which is not admitted or adjudged to be his.

Preterition
Civil law. The omission by a testator of some one of his heirs who is entitled to a legitime, in the succession.

Pretermitted child

Pretext
The reasons assigned to justify an act, which have only the appearance of truth, and which are without foundation; or which if true are not the true reasons for such act.

Pretium affectionis
An imaginary value put upon a thing by the fancy of the owner in his affection for it, or for the person from whom he obtained it.

Pretrial conference
Conference among the opposing attorneys and the judge called at the discretion of the court to narrow the issues to be tried and to make a final effort to settle the case without a trial.

Prevarication
Praevaricatio, civil law. The acting with unfaithfulness and want of probity. The term is applied principally to the act of concealing a crime.

Prevention
Civil and French law. The right of a judge to take cognizance of an action over which he has concurrent jurisdiction with another judge.

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This dictionary contains 8526 terms.







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