Juridical Dictionary

This dictionary contains:
8526
juridical terms

Tabula in naufragio




Tabula in naufragio

English law. Literally a plank in a wreck. This figure has been used to denote the condition of a third mortgagee, who obtained his mortgage without any knowledge of a second mortgage, and then, being puisne, takes the first encumbrance; in this case he shall squeeze out and have satisfaction before the second.

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.

Wreck
Maritime law. A wreck (called in law Latin, wreccum maris, and in law French, wrec de mer,) signifies such goods, as after a shipwreck, are cast upon land by the sea, and left there within some county, so as not to belong to the jurisdiction of the admiralty, but to the common law.

Condition
Persons. The situation in civil society which creates certain relations between the individual, to whom it is applied, and one or more others, from which mutual rights and obligations arise.

Mortgagee
Estates, contracts. He to whom a mortgage is made.

Mortgage
A legal instrument that creates a lien upon real estate securing the payment of a specific debt.

Without
Pleading. This word is adopted in formal traverses, and is a negative signifying "and not for;" accordingly the language of the elder entries sometimes is, It et nemy pur tiel cause.

Knowledge
Information as to a fact. Many acts are perfectly innocent when the party performing them is not aware of certain circumstances attending them for example, a man may pass a counterfeit note and be guiltless, if he did not know it was so he may receive stolen goods if he were not aware of the fact that they were stolen. In these and the like cases it is the guilty knowledge which makes the crime.

Second
A measure equal to one sixtieth part of a minute.

Puisne
Since born; the younger; as, a puisne judge, is an associate judge

Encumbrance
A burden or charge upon an estate or property, so that it cannot be disposed of without being subject to it.

Case
1) Practice. A contested question before a court of justicea suit or action a cause. 2) An agreement in writing, between a plaintiff and defendant, that the facts in dispute between them are as there agreed upon and mentioned

Satisfaction
1) Practice. An entry made on the record, by which a party in whose favor a judgment was rendered, declares that he has been satisfied and paid. 2) Construction by courts of equity. Satisfaction is defined to be the donation of a thing, with the intention, express or implied, that such donation is to be an extinguishment of some existing right or claim in the donee.



SIMILAR TERMS
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Tuck
In the US penitentiary slang, to sneak contraband anally.

Tabellio
An officer among the Romans who reduced to writing and into proper form, agreements, contracts, wills, and other instruments, and witnessed their execution. The term tabellio is derived from the Latin tabula, seu tabella, which in this sense, signified those tables or plates covered with wax which were then used instead of paper.

Table a
A standard set of Articles of Association which can be incorporated by reference in the Articles of Association of any company. It is usually used to cover non-essential procedural issues.

Tableau of distribution
In Louisiana this is a list of creditors of an insolvent estate, stating what each is entitled to.

Tables
A synopsis in which many particulars are brought together in a general view; as genealogical tables, which are composed of the names of persons

Tabula in naufragio

Tacit
That which, although not expressed, is understood from the nature of the thing, or from the provision of the law; implied.

Tacit acceptance procedure
A procedure for amending limits of liability under various maritime law conventions and protocols drafted by the International Maritime Organization, without the need to convoke a diplomatic conference to adopt the amendment by protocol.

Tacit law
A law which derives its authority from the common consent of the people, without any legislative enactment.

Tack
Scotch law. A contract of location by which the use of land, or any other immovable subject, is, set to the lessee or tacksman for a certain yearly rent, either in money, the fruits of tho ground, or services.

Taft-hartley
The name of an American federal labor law which was passed in 1947, and which sought to "equalize legal responsibilities of labor organizations and employers"; ie. balance the Wagner Act, which, it was felt, may have gone to far in protecting union rights. Where the Wagner Act had was aimed primarily at employer behavior, the Taft-Hartley was aimed at unions and sought to restrain their activities under certain circumstances, by detailing union rights and duties.

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This dictionary contains 8526 terms.







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