In property law, the term gift can be used in a deed of transfer of real estate, regardless of the number and nature of the rights transferred or promises made by the transferor to the purchaser. This is a comprehensive term that includes more specific transfer words, such as resign, negotiate, and develop. Historically, a donation was a documentary transfer of what could not be transmitted through painting,[3] an act attested by letters patented under the Great Seal that granted a subject something of the king,[4] and a technical term used in land transfer documents to import a transfer. [5] In criminal law, the constitutional guarantee that a defendant receives a fair and impartial trial. In civil law, the legal rights of a person who is confronted with an adverse act that threatens liberty or property. In legal transfer, concession is the means by which a party transfers ownership or encumbrance. In trust law, a gift is the act by which the settlor creates the trust in the interest of the trustee. In an option contract, the right of the option holder to exercise the option is deemed to be granted by the option holder. In philanthropy, a donor can provide a cash grant. The FindLaw Legal Dictionary – free access to over 8260 definitions of legal terms. Search for a definition or browse our legal glossaries.
With respect to civil actions in “equity” and not in “law”. In English legal history, courts of “law” could order the payment of damages and could offer no other remedy (see damages). A separate “fairness” tribunal could order someone to do something or stop something (e.g., injunction). In U.S. jurisprudence, federal courts have both legal and just power, but the distinction is always important. For example, a jury trial is generally available in “legal cases,” but not in “fairness” cases. GRANT, transmission, Concessio. Technically, concessions are applicable to the transfer of intangible rights, although the term in the broadest sense encompasses everything that is granted or transmitted from one to the other and applies to any type of ownership. Grant is one of the usual words in a feoffment and differs only slightly, except in the subject; Because the keywords used in grants are dedi and concessi, “given and awarded”. 2. It is said that the intangible rights reside in the concession and not in the livery, because they exist only in the idea, in the contemplation of the law, they cannot be transferred by the livery of possession; Of course, at common law, a written assignment was required, so it is said that they are granted and go through delivery of the deed.
3. For the grant to be effective, the common law required the consent of the lessee of the land from which the rent or other intangible interest was derived; And it was called attornment. (Q. V.) It arose from the intimate alliance between the lord and the vassal that existed between the feudal possessions., The tenant could not alienate the quarrel without the consent of the lord, nor the lord could not separate from his reign without the consent of the tenant. The necessity of assassination has been abolished in the United States. 4 Kent, Com. 479. The person awarding the grant is called the grantor and the person to whom it is awarded is the recipient. Empty com. dig. H.T.; 14 wines. From.
27; Ferry. From. h. t. 4 Kent, Com. 477; 2 Bl. Com. 317, 440; Advantage.
Cap. 1; Key. c. 12; 8 Cowens R. 36. 4. In a contract, the word authorization means not only a formal authorization, but any concession, arrest warrant, order or authorization to investigate, possess or settle; whether in writing or parol, expressly or presumably out of possession. Such a concession may be made both by law and by a patent on the basis of a law., 12 Pet. A. 410.
See generally 9 A. & E. 532; 5 Mass 472; 9 Selection. 50C jury selection process to interview potential jurors to determine their qualifications and determine grounds for challenge. Instructions from a judge to the jury before it begins deliberations on the substantive questions to be answered and the legislation to be applied. The release of an inmate – granted by the U.S. Parole Board – after the inmate has served part of his sentence in a federal prison. If the probation officer is released into the community, he or she will be placed under the supervision of an American probation officer. In England (for more information on the Encyclopedia.org. More details on the Encyclopedia.uk/” >English legal system and its history, visit the British Legal Encyclopedia), an act attested by letters containing patents under the Great Seal granting a subject something of the king. [1] A lawyer hired full-time by federal courts to defend defendants who cannot afford a lawyer.
The judiciary administers the Federal Defence Counsel Programme in accordance with criminal law. Latin, which means “for judgment.” In appellate courts, it often refers to an unsigned opinion. A claim for which no specific value has been determined. A request made as a result of a proceeding by a losing party on one or more issues, for a higher court to review the decision to determine whether it was correct. To make such a request is to “appeal” or “to appeal”. The one who appeals is called a “complainant”; The other party is the “appellant”. The study of the law and structure of the legal system Previous – A court decision in a previous case with facts and law similar to a dispute currently pending before a court. Precedents generally govern the disposition of a subsequent similar case, unless a party can prove that it was wrongly decided or significantly delayed. A precedent is binding, which means it must be followed. Other precedents do not have to be followed by the court, but can be considered influential. The legal system that originated in England and is now used in the United States is based on the articulation of legal principles in a historical succession of judicial decisions. Common law principles can be changed by statute.
A group of citizens who hear evidence presented by both parties in court and investigate disputed facts. The federal criminal jury is composed of 12 people. The civil juries of the Confederation are composed of at least six persons. Latin, which means in the chamber of a judge. Often means outside the presence of a jury and the public. In private. A set of rules and principles established by the United States Sentencing Commission that trial judges use to determine the sentence of a convicted accused. A term used to describe evidence that can be considered by a jury or judge in civil and criminal cases. grant, grant, vouch, accept, forgive, rather than courtesy or give the right.
To grant means to give something to an applicant or petitioner that could be refused. When they get a new hearing, it means they are reluctant to give something in response to a legitimate or compelling claim. Even her detractors admit that she can be charming, which means granting something as courtesy or as an act of gracious condescension. To vouch for the secret of a few chosen disciples is to give to another what is due or appropriate. The awarding of all appropriate honours to an award as head of state involves giving what is deserved or deserved, usually after careful consideration of the relevant factors. gave the company a huge defense contract in Latin, which means “in law.” Something that exists by law. French, which means “on the bench”. All the judges of a court of appeal sit together to hear a case, contrary to the usual decision of the three-judge chambers.
In the Ninth Judicial Circuit, a bench jury consists of 11 randomly selected judges. At FindLaw.com, we pride ourselves on being the leading source of free legal information and resources on the Internet. Contact us. FindLaw.com Free and reliable legal information for consumers and legal professionals Section 707(b)(2) of the Bankruptcy Code applies a “means test” to determine whether an individual debtor`s Chapter 7 filing is considered an abuse of bankruptcy law requiring dismissal or conversion of the case (usually Chapter 13). Abuse is suspected if the debtor`s total current monthly income (as defined above) over 5 years, less certain legally eligible expenses, is greater than (i) $10,000 or (ii) 25% of the debtor`s non-priority unsecured debt, provided that this amount is at least $6,000. The debtor can only rebut a presumption of abuse by proving special circumstances justifying additional expenses or adjustments to current monthly income. The judge who has primary responsibility for the administration of a court; Chief justices are determined by the length of service of legal counsel; A term that is also used to refer to lawyers in a case. Written statements submitted to the court outlining a party`s legal or factual allegations about the case.