Federal Trade Commission in the United States See: Federal Trade Commission 2 Origins This American Commission was created by Act of the U.S. Congress, approved Sept. 26 1914, for the prevention of unfair methods of competition in commerce. It is composed of five […]
Due Diligence in the United States Due Diligence in Environmental Law See innocent purchaser.
Based on "Environment and the Law. A Dictionary". Basic Meaning of Due Diligence Due Diligence means: the attention reasonably expected from, and ordinarily exercised by, a person who […]
Revocation in the United States Revocation in Juvenile Law In this context, Revocation information is available through this American legal Encyclopedia. Basic Meaning of Revocation Revocation means: the omission or cancellation of an instrument, act, license, or promise. Revocation […]
Eminent Domain in United States Eminent Domain Definition
The power to take private property for public use, whether exercised by the sovereign directly, or by one to whom the sovereign power has been delegated for qiMsi public purposes. The superior right of property subsisting in a […]
Administrative Law in the United States The body of law that concerns the powers of and procedures to be used by administrative agencies. Administrative Law (Judicial Function) also includes the law that creates such agencies and the provisions that define the extent to which agency decisions […]
Stare Decisis in the United States Latin for "let the decision stand." Stare Decisis (Judicial Function) holds that once a principle of law is established for a particular legal situation, courts should adhere to that principle in similar cases in the future. The case in which the […]
Mortgage in the United States Mortgage Definition The conveyance of an estate or property by way of pledge for the security of debt, and to become void on payment of it. 4 Kent, Comm. 136. An estate created by a conveyance absolute in its form, but intended to secure the performance of some […]
Tort in the United States Introduction A private or civil injury to a person or property. An injured party may bring suit, but tort actions do not represent a major portion of civil case filings. Rather, such claims are typically resolved prior to the filing of a lawsuit. The potential for […]
Power Of Attorney in United States Power Of Attorney Definition
An instrument authorizing a person to act as the attorney in fact of the person granting it. A general power authorizes the agent to act generally in behalf of the principal. A special power is one limited to particular […]
Negligence in United States Negligence Definition The breach of a legal noncontractual duty to use care, with no precise intention of producing a particular injury thereby. See Shear. & R. Neg. §3; Beven, Emp. Liab. An inadvertent imperfection by a responsible human agent in the […]
Death in United States Death Definition
The cessation of life; the ceasing to exist. Civil death is the state of a person who, though possessing natural life, has lost all his civil rights, and as to them is considered as dead. A person convicted and attainted of felony, and sentenced […]
Coroner in United States Coroner Definition An officer whose principal duty it is to hold an inquisition, with the assistance of a jury, over the body of any person who may have come to a violent death, or who has died in prison. It is his duty also, in case of the death of the sheriff, or […]
Liability in the United States Legal responsibility for an action or inaction that causes injury or loss. Liability extends to a broad range of situations where a plaintiff suffers injury at the hands of a defendant. Liability may be civil or criminal. In a civil context, liability may flow […]
Zoning Ordinance in the United States Landowner’s Right to Maintain Nonconforming Use under Zoning Ordinance This section examines the Landowner’s Right to Maintain Nonconforming Use under Zoning Ordinance subject in its related phase of trial. In some cases, other key elements related to […]
Degree of Kindred in the United States Basic Meaning of Degree of Kindred Degree of Kindred means: relationship to decedent of his relatives; each generation is one degree, counting to a common ancestor.
Ordinance in United States Ordinance Definition In Modern Usage. A law passed by the legislative body of a municipal corporation for the government of such municipality. 117 Ind. 221. In Old Law. The term was applied to laws of other than municipal bodies. The following account of the […]
Statute in the United States Law enacted by the legislative branch of government. Statutes are enacted by legislatures under power authorized and means prescribed by federal and state constitutions. Resolutions adopted by legislative bodies are not considered statutes. Law adopted by […]
Entombment in the United States Basic Meaning of Entombment Entombment means: the placing of a remains in a crypt in a mausoleum.
Executrix in United States Executrix Definition A woman who has been appointed by will to execute such will or testament. See Executor. Executrix in Foreign Legal Encyclopedias LinkDescription Executrix, Executrix in the World Legal Encyclopedia., Executrix, Executrix in the European […]
Estate in United States Plain-English Law Estate as defined by Nolo’s Encyclopedia of Everyday Law (p. 437-455):Generally, all the property a person owns at death Basic Meaning of Estate Estate means: the property of a deceased person, both real and/or personal. Resources See Also Legal […]
Rules and Regulations in the United States Concept of Rules and Regulations In the U.S., in the context of Political Economy and Public Policy, Rules and Regulations has the following meaning: Executive agencies write rules that prescribe agency conduct or action, often extending the laws that […]
Householder in United States Householder Definition Master or chief of a family; one who keeps house with his family. Webster. It means more than the mere occupant of a room or house. It implies the idea of a domestic establishment. 37 Ala. 145. But a man who has absconded from the state, and […]
Personal Service Contract in the United States Basic Meaning of Personal Service Contract Personal Service Contract means: contract which involves such personal knowledge, skills or confidence that it can only be performed by the person with whom it is made; a contract whereby both parties […]
Nuncupative Will in United States Nuncupative Will Definition An oral will, declared by a testator, in extremis, before vsritnesses, and afterwards reduced to writing. 4 Kent, Comm. 576; 2 BL Comm. 500; 1 Jarm. Wills (Perkins Ed.) 130-136. See 1 Wm. IV. c. 20; 1 Vict. c. 26, §§ 9, 11; 11 Eng. […]
Constitution in the United States Constitution Definition in the Legislative Process The following is a definition of Constitution, by the National Conference of State Legislatures (NCSL): A written instrument embodying the fundamental principles of the state that guarantees powers and […]
Inheritance in United States Inheritance Definition A perpetuity in lands to a man and his heirs; the right to succeed to the estate of a person who dies intestate. Dig. 50. 16. 24. The term is applied to lands. The property which is inherited is called an inheritance. The term inheritance […]
Malpractice in United States Malpractice Definition Bad or unskillful practice in a physician or other professional person, whereby the health of the patient is injured. Physicians and surgeons impliedly contract that they are reasonably and ordinarily qualified to practice the medical […]
Legatee in United States Legatee Definition The person to whom a legacy is given. See Legacy. Legatee in Foreign Legal Encyclopedias LinkDescription Legatee, Legatee in the World Legal Encyclopedia., Legatee, Legatee in the European Legal Encyclopedia., Legatee, Legatee in the Asian […]
Crime in United States Crime Definition Any act or omission prohibited by public law for the protection of the public, and made punishable by the state in a judicial proceeding in its own name. It is a public wrong, as distinguished from a mere private wrong or injury to an individual. 1 […]
Intestate in United States Intestate Definition One who, having lawful power to make a will, has made none, or one which is defective in form. In that case, he is said to die intestate, and his estate descends to his heir at law. This term comes from the Latin intestatus. Formerly, it was […]
Heir in United States Heir Definition At Common Law. He who is bom or begotten in lawful wedlock, and upon whom the law casts the estate in lands, tenements, or hereditaments immediately upon the death of his ancestor. The term heir has a very different signification at common law from what […]
Uniform Probate Code in the United States Introduction to the Uniform Probate Code The Uniform Probate Code is a standardized legal guideline that aims to make probate faster, easier and cheaper for everyone involved. In 1969, the Code was adopted by the National Conference of […]
Testate in United States Testate Definition The condition’ of ohe who leaves a valid will at his death. Testate in Foreign Legal Encyclopedias LinkDescription Testate, Testate in the World Legal Encyclopedia., Testate, Testate in the European Legal Encyclopedia., Testate, Testate in the […]
Statutory Law in United States Practical Information Note: Some of this information was last updated in 1982Rules that have been formulated into law by legislative action. The Constitution of the United States and the constitutions of the various states are the fundamental written law. All […]
Abatement in United States Abatement Definition (Fr. ahattre. Law Fr. abater, signifying to throw down). In Practice. A suspension of all proceedings in a suit, from the want of proper parties capable of preceding therein, as on the death of a party pending the suit. 2 Paige (N. Y.) 211. In […]
General Power of Attorney in the United States Basic Meaning of General Power of Attorney General Power of Attorney means: an instrument in writing authorizing one person to do anything for the principal. In other words, one party has full power of attorney for another party.
Soldiers and Sailors Will in the United States Basic Meaning of Soldiers and Sailors Will Soldiers and Sailors Will means: a nuncupative will, informal in nature, in which a soldier in the field or sailor at sea may dispose of personal property only.
Nuisance in the United States A condition, activity, or situation that interferes with the use or enjoyment of property. Anything done by one which annoys or disturbs another in the free use, possession, or enjoyment of his property, or which renders its ordinary use or occupation physically […]
Vital Statistics in the United States Basic Meaning of Vital Statistics Vital Statistics means: the registration, preparation, transcription, collection, compilation and preservation of data pertaining to births, adoptions, deaths, stillbirths, marital status, etc.
Will in United States Will Definition The legal declaration of a man’s intention respecting the disposition of his property, which he wills to be performed after his death. See 2 Bl. Comm. 309. See Joint Will. The word is of common-law origin, the corresponding civil-law terra being testament […]
Contract Carrier in the United States Basic Meaning of Contract Carrier Contract Carrier means: provides transportation for compensation only to those with whom it desires to do business .
Probate Court in the United States A state court with jurisdiction over wills and estates. Probate courts may also have the power to appoint guardians as well as to perform certain functions with minors. Probate courts operate at the county level and can be found in most of the larger states. […]
Administratrix in the United States Basic Meaning of Administratrix Administratrix means: a woman who has been appointed by the court to settle an estate.
Secured Claim in the United States Basic Meaning of Secured Claim Secured Claim means: a debt which is supported by a pledge, mortgage or lien on assets belonging to the debtor.
Moral Turpitude in the United States Meaning of Moral Turpitude In plain or simple terms, Moral Turpitude means: Immorality. An element of crimes inherently bad (malum in se), as opposed to crimes bad merely because forbidden by statute (malum prohibitum). Basic Meaning of Moral Turpitude […]
Insolvent Estate in the United States Basic Meaning of Insolvent Estate Insolvent Estate means: the condition of the estate of a deceased person which is unable to pay the debts of the decedent and/or the estate.
Personal Representative in the United States Basic Meaning of Personal Representative Personal Representative means: person who represents and administers the estate of deceased persons ( e.g., executors and administrators ) .
Escheat in United States Escheat Definition (Fr. escheoir, to happen). Under the Feudal System. An obstruction of the course of descent, and a consequent determination of the tenure by some unforeseen contingency, in which case the land naturally reverts back to the original grantor or lord […]
Medical Examiner in the United States Basic Meaning of Medical Examiner Medical Examiner means: a forensically-trained physician whose duty it is to investigate questionable or unattended deaths (has replaced the coroner in some states); (see also coroner and justice of the peace) Resources […]
Common Law in the United States Common Law Definition That system of law or form of the science of jurisprudence which has prevailed in England and in the United States of America, in contradistinction to other great systems, such as the Roman or civil law. As distinguished from statute […]