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| This dictionary contains: 8526 juridical terms |
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Restraining powers
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Restraining powersA term used in equity. When the donor of a power, who is the owner of the estate, imposes certain restrictions by the terms of the powers, these restrictions are called restraining powers.
RELATED TERMS--------------------------------------
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.
Equity
A branch of English law which developed hundreds of years ago when litigants would go to the King and complain of harsh or inflexible rules of common law which prevented "justice" from prevailing. For example, strict common law rules would not recognize unjust enrichment, which was a legal relief developed by the equity courts. The typical Court of Equity decision would prevent a person from enforcing a common law court judgment. The kings delegated this special judicial review power over common law court rulings to chancellors. A new branch of law developed known as "equity", with their decisions eventually gaining precedence over those of the common law courts. A whole set of equity law principles were developed based on the predominant "fairness" characteristic of equity such as "equity will not suffer a wrong to be without a remedy" or "he who comes to equity must come with clean hands".
When
1) At which time, in wills, standing by itself unqualified and unexplained, this is a word of condition denoting the time at which the gift is to continence. 2) The context of a will may show that the word when is to be applied to the possession only, not to the vesting of a legacy; but to justify this construction, there must be circumstances, or other expressions in the will, showing such to have been the testator's intent.
Donor
He who makes a gift.
Power
This is either inherent or derivative. The former is the right, ability, or faculty of doing something, without receiving that right, ability, or faculty from another. The people have the power to establish a form of govemment, or to change one already established. A father has the legal power to chastise his son; a master, his apprentice.
Owner
Property. The owner is he who has dominion of a thing real or person-al, corporeal or incorporeal, which he has a right to enjoy and to do with as he pleases, even to spoil or destroy it, as far as the law permits, unless he be prevented by some agreement or covenant which restrains his right.
Estate
A right or interest in property or the property of a deceased person.
Restraining
Narrowing down, making less extensive; as, a restraining statute, by which the common law is narrowed down or made less extensive in its operation.
SIMILAR TERMS--------------------------------------
Rest
A party is said to "rest" or "rest its case" when it has presented all the evidence it intends to offer.
Restatement
A publication which tells what the law is in a particular field, as compiled from statutes and decisions.
Restatement (second) of the conflict of laws
Adopted on May 23, 1969 by the American Law Institute at Washington, D.C., was mainly the work of one man.
Restatement second of the conflict of laws
The Restatement (Second) of the Conflict of Laws, adopted by the American Law Institute at Washington, D.C., on May 23, 1969.
Restitutio in integrum
Latin for restitution to the original position. In contract law, upon breach of contract, the injured party may ask the court to reverse the contract and revert the parties to their respective positions before the contract was accepted. But if the court finds that restitutio in integrum is not possible because of actions or events occurring since the date of acceptance, then the court may order that damages be paid instead.
Restitution
1) Maritime law. The placing back or restoring articles which have been lost by jettison; this is done when the remainder of the cargo has been saved at the general charge of the owners of the cargo; but when the remainder of the goods are afterwards lost, there is not any restitution. 2) Practice. The return of something to the owner of it, or to the person entitled to it.
Restore, to
To return what has been unjustly taken; to place the owner of a thing in the state in which he formerly was. By restitution is understood not only the return of the thing itself, but all its accessories. It is to return the thing and its fruits.
Restraining
Narrowing down, making less extensive; as, a restraining statute, by which the common law is narrowed down or made less extensive in its operation.
Restraining order
A court order restricting a persons actions. they are sometimes issued by one spouse to try to deter the other spouse from committing violent acts.
Restraint
Something which prevents us from doing what we would desire to do.
Restrictive covenant
A restrictive covenant is where an obligation is imposed on an employee or director either in an employment contract or financing document preventing the employee/director from doing something during or after his employment has terminated. This usually covers engaging in competitive businesses or poaching staff or customers. Particularly where post-employment issues are addressed, care is required in drafting as the terms may be unenforceable if they are unreasonably wide.
Restrictive indorsement
Contracts. One which confines the negotiability of a promissory note or bill of exchange, by using express words to that effect, as by indorsing it "payable to A,B only."
PREVIOUS AND NEXT TERMS--------------------------------------
Restitutio in integrum
Latin for restitution to the original position. In contract law, upon breach of contract, the injured party may ask the court to reverse the contract and revert the parties to their respective positions before the contract was accepted. But if the court finds that restitutio in integrum is not possible because of actions or events occurring since the date of acceptance, then the court may order that damages be paid instead.
Restitution
1) Maritime law. The placing back or restoring articles which have been lost by jettison; this is done when the remainder of the cargo has been saved at the general charge of the owners of the cargo; but when the remainder of the goods are afterwards lost, there is not any restitution. 2) Practice. The return of something to the owner of it, or to the person entitled to it.
Restore, to
To return what has been unjustly taken; to place the owner of a thing in the state in which he formerly was. By restitution is understood not only the return of the thing itself, but all its accessories. It is to return the thing and its fruits.
Restraining
Narrowing down, making less extensive; as, a restraining statute, by which the common law is narrowed down or made less extensive in its operation.
Restraining order
A court order restricting a persons actions. they are sometimes issued by one spouse to try to deter the other spouse from committing violent acts.
Restraining powers
Restraint
Something which prevents us from doing what we would desire to do.
Restrictive covenant
A restrictive covenant is where an obligation is imposed on an employee or director either in an employment contract or financing document preventing the employee/director from doing something during or after his employment has terminated. This usually covers engaging in competitive businesses or poaching staff or customers. Particularly where post-employment issues are addressed, care is required in drafting as the terms may be unenforceable if they are unreasonably wide.
Restrictive indorsement
Contracts. One which confines the negotiability of a promissory note or bill of exchange, by using express words to that effect, as by indorsing it "payable to A,B only."
Resulting trust
A trust that is presumed by the court from certain situations. Similar to a constructive trust but for resulting trusts, the court presumes an intention to create a trust; the law assumes that the property is not held by the right person and that the possessor is only holding the property "in trust" for the rightful owner. In constructive trusts, the courts don't even bother with presuming an intention; they simply impose a trust from the facts.
Resulting use
Estates. One which having been limited by deed, expires or cannot vest; it then returns back to him who raised it, after such expiration, or during such impossibility.
RELATED TERMS--------------------------------------
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.
Equity
A branch of English law which developed hundreds of years ago when litigants would go to the King and complain of harsh or inflexible rules of common law which prevented "justice" from prevailing. For example, strict common law rules would not recognize unjust enrichment, which was a legal relief developed by the equity courts. The typical Court of Equity decision would prevent a person from enforcing a common law court judgment. The kings delegated this special judicial review power over common law court rulings to chancellors. A new branch of law developed known as "equity", with their decisions eventually gaining precedence over those of the common law courts. A whole set of equity law principles were developed based on the predominant "fairness" characteristic of equity such as "equity will not suffer a wrong to be without a remedy" or "he who comes to equity must come with clean hands".
When
1) At which time, in wills, standing by itself unqualified and unexplained, this is a word of condition denoting the time at which the gift is to continence. 2) The context of a will may show that the word when is to be applied to the possession only, not to the vesting of a legacy; but to justify this construction, there must be circumstances, or other expressions in the will, showing such to have been the testator's intent.
Donor
He who makes a gift.
Power
This is either inherent or derivative. The former is the right, ability, or faculty of doing something, without receiving that right, ability, or faculty from another. The people have the power to establish a form of govemment, or to change one already established. A father has the legal power to chastise his son; a master, his apprentice.
Owner
Property. The owner is he who has dominion of a thing real or person-al, corporeal or incorporeal, which he has a right to enjoy and to do with as he pleases, even to spoil or destroy it, as far as the law permits, unless he be prevented by some agreement or covenant which restrains his right.
Estate
A right or interest in property or the property of a deceased person.
Restraining
Narrowing down, making less extensive; as, a restraining statute, by which the common law is narrowed down or made less extensive in its operation.
SIMILAR TERMS--------------------------------------
Rest
A party is said to "rest" or "rest its case" when it has presented all the evidence it intends to offer.
Restatement
A publication which tells what the law is in a particular field, as compiled from statutes and decisions.
Restatement (second) of the conflict of laws
Adopted on May 23, 1969 by the American Law Institute at Washington, D.C., was mainly the work of one man.
Restatement second of the conflict of laws
The Restatement (Second) of the Conflict of Laws, adopted by the American Law Institute at Washington, D.C., on May 23, 1969.
Restitutio in integrum
Latin for restitution to the original position. In contract law, upon breach of contract, the injured party may ask the court to reverse the contract and revert the parties to their respective positions before the contract was accepted. But if the court finds that restitutio in integrum is not possible because of actions or events occurring since the date of acceptance, then the court may order that damages be paid instead.
Restitution
1) Maritime law. The placing back or restoring articles which have been lost by jettison; this is done when the remainder of the cargo has been saved at the general charge of the owners of the cargo; but when the remainder of the goods are afterwards lost, there is not any restitution. 2) Practice. The return of something to the owner of it, or to the person entitled to it.
Restore, to
To return what has been unjustly taken; to place the owner of a thing in the state in which he formerly was. By restitution is understood not only the return of the thing itself, but all its accessories. It is to return the thing and its fruits.
Restraining
Narrowing down, making less extensive; as, a restraining statute, by which the common law is narrowed down or made less extensive in its operation.
Restraining order
A court order restricting a persons actions. they are sometimes issued by one spouse to try to deter the other spouse from committing violent acts.
Restraint
Something which prevents us from doing what we would desire to do.
Restrictive covenant
A restrictive covenant is where an obligation is imposed on an employee or director either in an employment contract or financing document preventing the employee/director from doing something during or after his employment has terminated. This usually covers engaging in competitive businesses or poaching staff or customers. Particularly where post-employment issues are addressed, care is required in drafting as the terms may be unenforceable if they are unreasonably wide.
Restrictive indorsement
Contracts. One which confines the negotiability of a promissory note or bill of exchange, by using express words to that effect, as by indorsing it "payable to A,B only."
PREVIOUS AND NEXT TERMS--------------------------------------
Restitutio in integrum
Latin for restitution to the original position. In contract law, upon breach of contract, the injured party may ask the court to reverse the contract and revert the parties to their respective positions before the contract was accepted. But if the court finds that restitutio in integrum is not possible because of actions or events occurring since the date of acceptance, then the court may order that damages be paid instead.
Restitution
1) Maritime law. The placing back or restoring articles which have been lost by jettison; this is done when the remainder of the cargo has been saved at the general charge of the owners of the cargo; but when the remainder of the goods are afterwards lost, there is not any restitution. 2) Practice. The return of something to the owner of it, or to the person entitled to it.
Restore, to
To return what has been unjustly taken; to place the owner of a thing in the state in which he formerly was. By restitution is understood not only the return of the thing itself, but all its accessories. It is to return the thing and its fruits.
Restraining
Narrowing down, making less extensive; as, a restraining statute, by which the common law is narrowed down or made less extensive in its operation.
Restraining order
A court order restricting a persons actions. they are sometimes issued by one spouse to try to deter the other spouse from committing violent acts.
Restraining powers
Restraint
Something which prevents us from doing what we would desire to do.
Restrictive covenant
A restrictive covenant is where an obligation is imposed on an employee or director either in an employment contract or financing document preventing the employee/director from doing something during or after his employment has terminated. This usually covers engaging in competitive businesses or poaching staff or customers. Particularly where post-employment issues are addressed, care is required in drafting as the terms may be unenforceable if they are unreasonably wide.
Restrictive indorsement
Contracts. One which confines the negotiability of a promissory note or bill of exchange, by using express words to that effect, as by indorsing it "payable to A,B only."
Resulting trust
A trust that is presumed by the court from certain situations. Similar to a constructive trust but for resulting trusts, the court presumes an intention to create a trust; the law assumes that the property is not held by the right person and that the possessor is only holding the property "in trust" for the rightful owner. In constructive trusts, the courts don't even bother with presuming an intention; they simply impose a trust from the facts.
Resulting use
Estates. One which having been limited by deed, expires or cannot vest; it then returns back to him who raised it, after such expiration, or during such impossibility.
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This dictionary contains 8526 terms.
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