Constructive in United States
Constructive Definition
That which amounts, in the view of the law, to an act, although the act itself is not really performed. For words under this head, such as constructive fraud, etc., see the various titles, Fraud, etc.
Constructive in Foreign Legal Encyclopedias
| Link | Description |
|---|---|
| Constructive | Constructive in the World Legal Encyclopedia. |
| Constructive | Constructive in the European Legal Encyclopedia. |
| Constructive | Constructive in the Asian Legal Encyclopedia. |
| Constructive | Constructive in the UK Legal Encyclopedia. |
| Constructive | Constructive in the Australian Legal Encyclopedia. |
For starting research in the law of a foreign country:
Browse the American Encyclopedia of Law for Constructive
Scan Constructive in the appropriate area of law:
| Link | Description |
|---|---|
| Constructive | Constructive in the Family Law Portal of the American Encyclopedia of Law. |
| Constructive | Constructive in the IP Portal of the American Encyclopedia of Law. |
| Constructive | Constructive in the Commercial Law Portal of the American Encyclopedia of Law. |
| Constructive | Constructive in the Criminal Law Portal of the American Encyclopedia of Law. |
| Constructive | Constructive in the Antritrust Portal of the American Encyclopedia of Law. |
| Constructive | Constructive in the Bankruptcy Law Portal of the American Encyclopedia of Law. |
| Constructive | Constructive in the Constitutional Law Portal of the American Encyclopedia of Law. |
| Constructive | Constructive in the Tax Law Portal of the American Encyclopedia of Law. |
| Constructive | Constructive in the and Finance and Banking Portal of the American Encyclopedia of Law. |
| Constructive | Constructive in the Employment and Labor Portal of the American Encyclopedia of Law. |
| Constructive | Constructive in the Personal Injury and Tort Portal of the American Encyclopedia of Law. |
| Constructive | Constructive in the Environmental Law Portal of the American Encyclopedia of Law. |
Explore other Reference Works
| Resource | Description |
|---|---|
| Constructive in the Dictionaries | Constructive in our legal dictionaries |
| http://lawi.us/constructive | The URI of Constructive (more about URIs) |
| Constructive related entries | Find related entries of Constructive |
Legal Issue for Attorneys
That which amounts, in the view of the law, to an act, although the act itself is not really performed. For words under this head, such as constructive fraud, etc., see the various titles, Fraud, etc.
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Notice
This definition of Constructive Is based on the The Cyclopedic Law Dictionary . This definition needs to be proofread..
Practical Information
Note: Some of this information was last updated in 1982
In a legal sense, the term constructive generally applies that which amounts in the eyes of the law to an act, although the act itself is not necessarily performed. The law presums the act to have been performed and applies the term to many situation to prevent a miscarriage of justice. For example, the holder of a warehouse receipt has constructive possession of the goods represented by the receipt, although the holder does not have act; personal occupancy or possession of the property. Some of the circumstances under: which the law will presume an act are indicated by the following: constructive abandonment, constructive delivery, constructive desertion, constructive eviction, constructive fraud, constructive gift constructive notice, constructive possession, constructive process, constructive receipt of income, constructive service, and constructive trusts. 1. Constructive Delivery. Arises when actual, or manual, delivery is impossible or undesirable. Constructive delivery includes those acts that are equivalent to actual delivery although they do not confer real possession. Acts that bar a lien or a right to stoppage in transit, such as marking and setting apart goods as belonging to the buyer, constitute constructive delivery.
2. Constructive Notice. Notice that arises from a strictly legal presumption that cannot be controverted. The presumption is one of law and not of fact, as distinguished from implied notice that arises from an inference of facts. The presumption of constructive notice is conclusive against the actual facts. Thus, a mortgage recorded with the proper public authorities is constructive notice of the mortgagee’s interest in the property. Constructive Receipt. Constructive receipt of income usually constitutes taxable income under the various tax laws. For example, any time during the year commissions may be credited on a firm’s books to a salesperson who may draw upon the firm to the amount of the credit. The commission is said to be constructively received. Whatever amount is credited to the salesperson would have to be reported by the salesperson as income in the year the amount was credited on the books, even if the money was not drawn until the following year.
What is Constructive?
For a meaning of it, read Constructive in the Legal Dictionary here. Browse and search more U.S. and international free legal definitions and legal terms related to Constructive.
Resources
See Also
Further Reading (Articles)
Constructive trusts and the construction loan., Florida Bar Journal; June 1, 1998; Tesiero, Donald E., II
Is a Constructive Discharge Resulting from a Supervisor’s Environmental Harassment a Tangible Employment Action?, Labor Law Journal; October 1, 2004; Gray, John A.
Gandhi’s Constructive Program – and Ours, Peacework; September 1, 2006; Sheehan, Joanne
The Remedial Constructive Trust: A New Proprietary Remedy?, Mondaq Business Briefing; April 17, 2013
Study on the Non-Constructive Land in Town Development and It’s Governance/ETUDE SUR LA TERRE NON-CONSTRUCTIVE DANS LE DÉVELOPPEMENT DU BOURG ET SA GOUVERNANCE, Canadian Social Science; March 1, 2008; Juan, Hu;
An Examination Of Constructive Trusts In The Insolvency Context., Mondaq Business Briefing; October 4, 2007
Constructive Notice under the Family and Medical Leave Act, The Yale Law Journal; January 1, 2009; Rennie, Jillian J.
CONSTRUCTIVE DESIGN PRINCIPLES APPLIED TO ENHANCE SUPPORT EQUIPMENT QUALITY, Scientific Bulletin Series C : Fascicle Mechanics, Tribology, Machine Manufacturing Technology; January 1, 2006; Ilias, Nicolae
High Court Resolves Circuits. Disagreement Regarding Constructive Discharge as Tangible Employment Action., Mondaq Business Briefing; July 1, 2004
Design Piracy: Student Perceptions of a Constructive Controversy Activity, College Student Journal; December 1, 2007; Marcketti, Sara B.
Provision of Services by Corporation to Shareholder Not a Constructive Dividend, The Tax Adviser; September 1, 2013; Beavers, James A
A
ttachment-related predictors of constructive thinking among college students, Journal of Counseling and Development : JCD; September 1, 1996; Lopez, Frederick G
Constructive sales treatment for appreciated financial positions., The Tax Adviser; June 1, 2000; Palley, Jeffrey
On the generalized constructive set., Scientia Magna; June 1, 2006; Yang, Qianli
Constructive Discharge: When Quitting Constitutes Illegal Termination, Review of Business; March 22, 2002; Paul, Robert J. Seeberger, Kathryn
Constructive dismissal claims often unfounded; Interaction between employer and employees a cornerstone.(Workplace), The Star (South Africa); June 28, 2006
Don’t resign without knowing your rights; Any successful constructive dismissal claim depends on a number of critical issues.(Workplace), The Star (South Africa); June 14, 2006
Constructive Termination Claims under the New Jersey Franchise Practices Act Generally Require That the Franchisee No Longer Operate the Franchise, Mondaq Business Briefing; April 4, 2014; LaFiura, Dennis
Constructive Launches Partnerpedia Private Networks for Private Label Online Partner Communities., Computer Weekly News; July 2, 2009
Deconstructing Franchisee Claims for “Constructive” Termination and Nonrenewal – Implications of Supreme Court Petroleum Marketing Decision for Distribution and Franchise Generally.(Case overview), Mondaq Business Briefing; April 14, 2010