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Spoliation
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Spoliation1) English ecclesiastical law. The name of a suit sued out in the spiritual court to recover for the fruits of the church, or for the church itself. 2) Torts. Destruction of a thing by the act of a stranger; as, the erasure or alteration of a writing by the act of a stranger, is called spoliation. This has not the effect to destroy its character or legal effect.
RELATED TERMS--------------------------------------
Ecclesiastical
Belonging to, or set apart for the church.
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.
Name
One or more words used to distinguish a particular individual, as Socrates, Benjamin Franklin.
Suit
An action. The word suit in the 25th section of the judiciary act of 1789, applies to any proceeding in a court of justice, in which the plaintiff pursues, in such court, the remedy which the law affords him. An application for a prohibition is therefore a suit.
Court
A body in government to which the administration of justice is delegated.
Church
A temple or building consecrated to the Honor of God and religion; or, an assembly of persons, united by the profession of the same Christian faith, met together for all religious worship. Robertson v. Bullions, 9 Barb. 95 (1850). The civil courts have only to do with the rights of property. When a right of property depends on a civil court question, and that question has been decided by the highest tribunal within the religious organization to which it has been carried, the civil courts accept that decision as final. Relations of Civil Law to Church Policy (1875) Hon. William Strong; Watson v. Jones, 13 Wall. 713, 722-31 (1871).
Stranger
Persons, contracts.1) A person born out of the United States; but in this sense the term alien is more properly applied, until he becomes naturalized. 2) A person who is not privy to an act or contract; example, he who is a stranger to the issue, shall not take advantage of the verdict.
Erasure
Contracts, evidence. The obliteration of a writing; it will render it void or not under the same circumstances as an interlineation.
Alteration
Changing or making different.
Writing
The act of forming by the hand letters or characters of a particular kind on paper or other suitable substance, and artfully putting them together so as to co nvey ideas. It differs from printing, which is the formation of words on paper or other proper substance by means of a stamp. Sometimes by writing ii understood printing, and sometimes printing and writing mixed.
Spoliation
1) English ecclesiastical law. The name of a suit sued out in the spiritual court to recover for the fruits of the church, or for the church itself. 2) Torts. Destruction of a thing by the act of a stranger; as, the erasure or alteration of a writing by the act of a stranger, is called spoliation. This has not the effect to destroy its character or legal effect.
Effect
The operation of a law, of an agreement, or an act, is called its effect.
Character
The qualities impressed by nature or habit on a person, which distinguish him from other persons. These constitute his real character; while the qualities he is supposed to possess constitute his estimated character or reputation. "Reputation" may be evidence of character, but is not character itself. 8 Barb. 608 (1850). That which a person really is, in distinction from that which he may be reputed to be.
Legal
That which is according to law. It is used in opposition to equitable, as the legal estate is, in the trustee, the equitable estate in the cestui que trust.
SIMILAR TERMS--------------------------------------
PREVIOUS AND NEXT TERMS--------------------------------------
Sperate
That of which there is hope.
Spes recuperandi
The hope of recovery. This term is applied to cases of capture of an enemy's property as a booty or prize. As between the belligerent parties, the title to the property taken as a prize passes the moment there is no longer any hope of recovery.
Spinster
An addition given, in legal writings, to a woman who never was married.
Split custody
A form of custody in which the actual time of physical custody is split between both parents, which gives both parents the right to make decisions.
Splitting a cause of action
The bringing an action for only a part of the cause of action. This is not permitted either at law nor in equity.
Spoliation
Sponsalia
Sponsolia or stipulatio sponsolitia. A promise lawfully made between persons capable of marrying each other, that at some future time they will marry
Sponsions
International law. Agreements or engagements made by certain public officers, as generals or admirals, in time of war, either without author-ity, or by exceeding the limits of authority under which they purport to be made.
Sponsor
Civil law. He who intervenes for another voluntarily and without being requested. The engagement which he enters into is only accessory to the principal
Spousal support
Money paid from one spouse to the other in one lump sum or in installments for a period of time. there are many factors considered. (see spousal support section in your state).
Spouse
Husband or wife.
RELATED TERMS--------------------------------------
Ecclesiastical
Belonging to, or set apart for the church.
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.
Name
One or more words used to distinguish a particular individual, as Socrates, Benjamin Franklin.
Suit
An action. The word suit in the 25th section of the judiciary act of 1789, applies to any proceeding in a court of justice, in which the plaintiff pursues, in such court, the remedy which the law affords him. An application for a prohibition is therefore a suit.
Court
A body in government to which the administration of justice is delegated.
Church
A temple or building consecrated to the Honor of God and religion; or, an assembly of persons, united by the profession of the same Christian faith, met together for all religious worship. Robertson v. Bullions, 9 Barb. 95 (1850). The civil courts have only to do with the rights of property. When a right of property depends on a civil court question, and that question has been decided by the highest tribunal within the religious organization to which it has been carried, the civil courts accept that decision as final. Relations of Civil Law to Church Policy (1875) Hon. William Strong; Watson v. Jones, 13 Wall. 713, 722-31 (1871).
Stranger
Persons, contracts.1) A person born out of the United States; but in this sense the term alien is more properly applied, until he becomes naturalized. 2) A person who is not privy to an act or contract; example, he who is a stranger to the issue, shall not take advantage of the verdict.
Erasure
Contracts, evidence. The obliteration of a writing; it will render it void or not under the same circumstances as an interlineation.
Alteration
Changing or making different.
Writing
The act of forming by the hand letters or characters of a particular kind on paper or other suitable substance, and artfully putting them together so as to co nvey ideas. It differs from printing, which is the formation of words on paper or other proper substance by means of a stamp. Sometimes by writing ii understood printing, and sometimes printing and writing mixed.
Spoliation
1) English ecclesiastical law. The name of a suit sued out in the spiritual court to recover for the fruits of the church, or for the church itself. 2) Torts. Destruction of a thing by the act of a stranger; as, the erasure or alteration of a writing by the act of a stranger, is called spoliation. This has not the effect to destroy its character or legal effect.
Effect
The operation of a law, of an agreement, or an act, is called its effect.
Character
The qualities impressed by nature or habit on a person, which distinguish him from other persons. These constitute his real character; while the qualities he is supposed to possess constitute his estimated character or reputation. "Reputation" may be evidence of character, but is not character itself. 8 Barb. 608 (1850). That which a person really is, in distinction from that which he may be reputed to be.
Legal
That which is according to law. It is used in opposition to equitable, as the legal estate is, in the trustee, the equitable estate in the cestui que trust.
SIMILAR TERMS--------------------------------------
PREVIOUS AND NEXT TERMS--------------------------------------
Sperate
That of which there is hope.
Spes recuperandi
The hope of recovery. This term is applied to cases of capture of an enemy's property as a booty or prize. As between the belligerent parties, the title to the property taken as a prize passes the moment there is no longer any hope of recovery.
Spinster
An addition given, in legal writings, to a woman who never was married.
Split custody
A form of custody in which the actual time of physical custody is split between both parents, which gives both parents the right to make decisions.
Splitting a cause of action
The bringing an action for only a part of the cause of action. This is not permitted either at law nor in equity.
Spoliation
Sponsalia
Sponsolia or stipulatio sponsolitia. A promise lawfully made between persons capable of marrying each other, that at some future time they will marry
Sponsions
International law. Agreements or engagements made by certain public officers, as generals or admirals, in time of war, either without author-ity, or by exceeding the limits of authority under which they purport to be made.
Sponsor
Civil law. He who intervenes for another voluntarily and without being requested. The engagement which he enters into is only accessory to the principal
Spousal support
Money paid from one spouse to the other in one lump sum or in installments for a period of time. there are many factors considered. (see spousal support section in your state).
Spouse
Husband or wife.
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This dictionary contains 8526 terms.
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