It was held that the Preventive Detention act was intra vires the Constitution of India with the exception of Section 14 which is illegal and ultra vires. It was further held that Article 21 is applicable to preventive detention and Preventive Detention Act permits detention beyond a period of three months and excludes the necessity of consulting an advisory board.
It is not obligatory on the Parliament to prescribe any maximum period. In Kharak Singh V. Kharak Singh was charged in dacoity case but was released since there was no evidence available against him. However the Police monitored his movements and activities even at night. In Maneka Gandhi V. Protection with regard to Article 19 also included unlike in the case of Kharak Singh. The use of preventive measures from being victimised with unlawful use of preventive detention has been safeguarded massively by Writ Habeas Corpus.
The writ of Habeas Corpus is a device, requiring examination of the question of illegal detention. The writ would lie if the power of detention has been exercised malafide or for collateral or ulterior purpose — as it was laid down in Gopalan V. State of Madras. Similarly if the detention is justified under the law, the writ would be refused. Held the impugned order of the High Court quashing the order of detention on solitary ground case is erroneous and liable to be set aside.
The Detenu was taken into custody in Sept and the order of detention was passed in Dec The same was quashed by high Court on April After a long time already expired and period of detention expired in April even if the impugned order passed by the High Court is set aside, the Detenu cannot and shall not be taken into custody for serving the remaining period of detention.
Unless there still exist materials to the satisfaction of the detaining authority. Apart from the measures and safeguards relating to preventive detention, the Citizens must follow the necessity of forbidding the crime in expanding further and reasonably support preventive detention, but cases shows unlawful detention stating mechanism for prevention of cognizable offence.
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Ahmed Noormohmed Bhatti V. The principle of Audi Alteram Partem which states that no one should be condemned unheard. A person whose right or interests are disputed or controverted him must be given a reasonable opportunity to defend — it reasonably defends the victims of unlawful preventive detention. On detention, instances of inhuman treatment of prisoners have led to revolution of strict Human Rights Laws. People should be sensitized about various personal liberties.
Juvenile justice system should be distinct from criminal justice system. It was presided by former Attorney General of India Mr. To deny an individual his personal liberty by placing him under the jurisdiction of the law. Articles : The various provisions of a law, an ordinance, or a contractual agreement. Articles of Incorporation : The document by which a corporation is formed and organized under the corporation laws of the state. Each state has its own laws of incorporation. Articles of Organization : Document filed with a state's Secretary of State, used to form a limited liability company.
Sometimes referred to as a "Certificate of Organization" or "Certificate of Formation", depending on state law. As between : The relative position of two people in reference to a third person, with one party having a different relationship from the other in regard to the third person. As is : An expression denoting the fact that goods are being sold in the condition the seller has stated they were in. Such goods are sold as is. It is the purchaser's responsibility to discover if such goods are damaged. Ascertain : To find out; to make certain, without doubt. Assert : To declare; to maintain; to charge as true.
Assess : To fix the value of something. Private property is assessed in order to determine the amount of taxes to be paid. Assessed : To fix the value of something. Assets : Property of any kind. Assign : Transfer to another. In the context of a lease, the transfer by a lessee to another person of all of the lessee's interest in the leased property; an assignment differs from a sublease in that a sublease does not transfer all of the lessee's rights in the property. Assignable : Negotiable; transferable. Assigning : Transferring to another.
Assignment : The transfer of property from one person to another. Associate : An attorney practicing with another attorney, or with a firm of attorneys, but not as a partner or member of the firm. Association : A group of people who have formed an organization to pursue a common purpose. Assumption : The act of assuming responsibility; the act of taking for granted; the act of adopting an obligation.
Assurance : Insurance. Assured : Insured. At law : According to law. This implies that an issue depends upon an existing law, not upon equity or fairness. Attest : To state to be true; to bear witness to. Attorney general : The chief law officer of a state or of a nation. Attorney-in-fact : An individual who is authorized by a written document to act for another. The individual need not be an attorney and the written document is often called a Power of Attorney. Auction : A sale, open to the public, of items and property sold to the highest bidder. Authority : 1. The power and right to do a certain act.
A person who has been given certain powers and rights. Authorize : To empower someone to act; to give the authority for someone to carry out a certain act. Authorized : To empower someone to act; to give the authority for someone to carry out a certain act. Autopsy : Necropsy. The examination of a dead body by a pathologist for the purpose of finding the cause of death.
Also known as a post-mortem examination. Award : The decision of arbitrators in giving moneys to a party who has claimed damages; the awarding of money to a worker injured during the course of his work. This latter award is said to be a compensation award. Backup withholding : The IRS requires backup withholding for certain taxpayers, usually because of their past failure to pay taxes.
Bad faith : Conduct in which there is a design of ill-will or an ulterior motive to commit deceit or fraud. Balance sheet : A financial statement showing the assets and liabilities of a business. Bankrupt : Unable to meet one's obligation and pay one's creditors. The term may apply to an individual, partnership, or corporation. Legal bankruptcy is decreed by a court. Bankruptcy : The state of being unable to pay one's debts. Such person or company is subject to being proceeded against by his creditors, according to prevailing bankruptcy laws.
Battery : Physical violence inflicted upon someone without his consent; unlawful injury to someone's body. Bear interest : When making a loan, the lender usually asks that the money be augmented by the payment of interest. Bearer : The person who has a document in his possession and who will receive any payment that is due on said document. As an example, when a check or note is payable to bearer, anyone who presents the check or note will receive the payment therefrom.
Beneficiaries : An individual who receives benefits granted to him by another. As examples, an heir is given money in a will by someone who has died; a person who is named to receive the moneys from a life insurance policy. Institutions, corporations, charitable organizations, etcetera, may all be beneficiaries. Beneficiary : An individual who receives benefits granted to him by another. Benefit : Money that is paid as a result of a claim made on a medical or disability insurance policy. Bequest : A gift given in a will.
Bind : To cause a legal obligation. This obligation may come about as the result of a law, a contract, or a decree of a court. One can bind himself as well as another person. Biological parents : A person's natural mother and father. Birth certificate : A certificate filed with the proper authorities upon the birth of a child.
Such certificate records the date and place of birth, the parents' names, etc. Birth certificates may be filed in local communities, counties, or seats of state governments. Board of directors : A group of people who represent a corporation and run its business. Board of health : A group of people whose duties involve the safeguarding of the public's health. They have many functions, including overseeing the hygiene and sanitary conditions of a community, the administration of immunizations to prevent communicable disease, and the keeping of health statistics.
Boards of health may have county, city, or state jurisdiction. Bodily injury : Any harm coming to the body as the result of external force. Such injury may come from a blow or it may come from malpractice of a physician, or as the result of rape or attempted rape. Bona fide : True; honest; acting in good faith. Bond : 1. A fiduciary bond is similar to an insurance policy because it represents an arrangement where one party the "surety" agrees, for a fee, to pay money or perform an obligation in the event the fiduciary trustee, conservator, executor fails to properly perform its duties.
Bonus : A commission; money paid by an employer to an employee as a reward for good performance; an extra dividend; money paid by a mortgagor to a mortgagee for prepayment of a mortgage debt. Born alive : A newly delivered child, born with a heartbeat, but who never establishes breathing, and thus dies within minutes after being born.
Borrow : To obtain a loan. Implied in borrowing is the intention and promise to repay or to return. Bound : Being controlled by an obligation. Someone is bound to perform a certain act whether he wants to or not. Similarly, one is bound by the clauses in a contract. Bovine : A Cow. Breach : Failure to perform an obligation; a violation of the terms of an agreement. Bring suit : The initiation of legal proceedings; to start an action. Broker : A person employed as an agent for the purpose of buying or selling something at the request of another individual, in compensation for which he receives a commission.
Also, a middleman; a negotiator between two parties; a dealer in securities; an individual who sells property for an owner. Buy-out provision : A provision in a lease which allows the tenant to purchase the property being leased. By virtue of : By authority of; because of. Payments made to a public official by virtue of his rightful function, according to law. Bylaws : Rules and regulations adopted by corporations, associations, benefit societies, etcetera, to govern their ongoing activities.
Such bylaws must be compatible with the charters of the various organizations and must be in conformity with their aims and goals. Cancel : To strike out; to cross out; to annul a document by erasure or by defacing it.
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When a debt is owed, it is canceled upon payment. Candidate : A person seeking an office. In politics, an individual who has been nominated by his party and who will stand election. Capable : Competent; having legal power; qualified. Capital gains : Profits from the sale of capital assets in excess of costs and values. Such gains are subject to special taxation, as specified by tax laws. Capital investment : Moneys spent to increase the worth of an asset.
Capitalize : To estimate the value of a stock; to authorize the issuance of a certain number of stocks and bonds in the charter of a corporation; to supply with capital. Capture : To seize. The right to possess that which is on one's own property. Thus, an owner captures the oil which lies beneath his land. Cargo : The goods and merchandise carried by a merchant ship. Cash flow : An accounting term for the total net income plus moneys allowed for depreciation of equipment and plant.
Cash surrender value : The value of an insurance policy at any specific time before the policy is due. This amount is calculated according to established rules. The insured who is canceling his insurance is entitled to a certain amount of money, determined by how much premium he has paid in during the life of the policy. Cash value : The amount for which something can be sold in a free market. Also known as market value, fair market value, clear market value.
Certainty : Without the shadow of a doubt; Clarity; particularity; accuracy; distinctness. The opposite of uncertainty.
The Meaning of "Cruel and Unusual Punishment"
Certificate : A written statement serving as verification and authentication of the fact set forth. Such a document is often signed by a notary public. Certified check : The signing of a check by a bank officer showing that the depositor has adequate funds to cover the amount of the check. Certified copy : A copy of a document signifying that it is a true copy.
Such copy is certified by the officer to whose custody the original document is entrusted. Certify : To vouch for the authenticity of something. Certification is often carried out by signing a document, thus attesting to its validity. Challenge : An obligation; an exception. Chambers : The private office of a judge. Change of beneficiary : Switching a bequest or beneficial interest from one person to another.
Charitable organization : One that issues no capital stock and has nothing in its charter providing for dividends or profits.
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Charitable trust : A trust whose assets and income shall benefit the general public, or a significant segment of the public. Charter : An act of a legislature creating a corporation and setting forth its franchise; also, a document defining the organization of a corporation. Child support : A legal obligation to financially support one's child. Children's trust : An arrangement created by a parent, to be effective immediately or, more typically, upon the parent's death, whereby assets of the parent are transferred to a trustee to be held for the benefit of the parent's children.
Choate : Complete; justifiable against other claims; the opposite of inchoate. Chose : A case of action; chattel or personal property; a personal right; a chose in action. Citation : A notice of a court proceeding; a writ commanding a person to appear in court on a certain day. Cite : To summon to appear in court. This is usually carried out by serving the cited individual with a summons.
Cite also means to quote or to refer to a preceding case. Citizen : An inhabitant of a town, city, state, or country, entitled to all its privileges. There are two main types of citizens of a country, namely, the native-born citizen one born in his country and the naturalized citizen one born in a foreign country but who has adopted the citizenship of his present country. Civil liability : A sum of money assessed against a defendant.
It may be single, double, or treble the original amount of the actual damages. Claim : A demand for property or money, or its equivalent; an assertion that one is entitled to something or that one owns something. Clear and convincing proof : Proof beyond a reasonable doubt; evidence that has convinced an unbiased jury, composed of competent, reasonable jurors. Cleared : Acquitted; forgiven; declared innocent.
Client : Someone who retains or employs an attorney. Closing : Completing a transaction for the purchase or sale of real estate; making the final argument in a trial. Code : A collection of laws; the published statutes governing a certain area, arranged in a systematic manner, such as a penal code, sanitary code, etcetera. Codicil : An addition or supplement to a will. It may also delete or modify various provisions of a will. Codicils must be witnessed and signed in the same manner as the original will. Codicils : An addition or supplement to a will. Co-executor : One of two or more people designated to administer someone's estate; joint executor.
Collateral : Property pledged to a creditor to secure a debt. Columbarium : A structure, often adorned with stained glass or other decorations, containing chambers to hold urns for cremated remains. Command : An order, usually implying that some action must be taken, as directed. Commingle : To put together into one fund moneys from several different sources. Commission : An authority; an authorization; a directive from a court authorizing a person or group of persons to exercise some special function or to perform certain specific act.
Commissioner of Oaths : A public official who is authorized to witness signatures on documents, to administer oaths, and to perform other tasks, such as attesting to the genuineness of various papers. Commit : To send someone to prison, to a mental institution, a reformatory, etcetera, by authority of a court order. Common stock : Common stock is a form of stock in which the owners have voting powers and rights to participate in the profits of the corporation. However, the rights to profits are subject to any superior rights that may have been granted by the company to the holders of preferred stock.
Community : A society of people living in a particular neighborhood or vicinity. It presupposes common interests. Compact : A serious, important contract; an agreement setting forth rights and obligations. Compacts often refer to agreements between nations. Compensation : Remuneration; payment for services rendered; money paid to an injured employee. Competence : Duly qualified; able; possessing the required legal qualifications. Competency : The presence of those attributes that makes a witness fit to give testimony; qualifications to perform; capability. Competent : Duly qualified; able; possessing the required legal qualifications.
Complaint : The pleading by which a plaintiff brings a suit and sets forth the reasons for his action. Comply : To act in accordance with one's obligations; to yield; to carry into effect; to accommodate. Compromise : An agreement to make concessions in a dispute or litigation, thus settling outstanding claims. Such arrangement may take place out of court, or in court. Conclusion : Closing argument. Concur : To agree; to happen at the same time.
Condemn : To judge guilty; to declare a building unfit for occupancy and to therefore order its destruction; to pass judgment upon someone convicted of a crime. Condominium : The joint ownership of a multiunit dwelling, each of whose owners has exclusive ownership of an individual unit, but in which all common elements the lobby, the grounds, swimming pool, etcetera are owned by the tenants in common with no single tenant having exclusive rights to such facilities.
Conduct : To regulate or to manage and direct. Also, a term meaning behavior, such as good conduct or bad conduct. A criminal in jail may be given special consideration because of good conduct. Confidential information : Information that is received in confidence and therefore should not and can not be revealed, unless the giver of the information approves such revelation. Confidentiality : The quality of being confidential, privileged, or secret. Confirmation : A written document stating that certain outstanding matters have been agreed upon and made binding; an affirmation.
Conformity : Resemblance; agreement; correspondence in form or use. Congress : 1.
In America, Congress is composed of the two legislative bodies, the Senate and the House of Representatives. In international law, a Congress is an assembly of representatives from different countries who meet to consider matters for their common good. Consent : To voluntarily agree; to permit or approve. Consequence : The natural result that takes place from an event; that which one would expect to happen. A painful lump on the head is a consequence of a severe blow to the head. Consequential damages : Loss or injury that results indirectly. As an example, a store owner who has a fire loses not only the goods and fixtures that have been burned, but he loses what he would have earned had there been no fire and he could have continued to sell his merchandise.
Depending on the state, a conservator may have authority over property, business, or personal matters. Consider : To think about, to study or ponder, to examine carefully. Consideration : 1. A term applied when a matter has been heard and decided; consideration has been given. A matter of contract wherein one party agrees to do something in return for something the other party agrees to give him, such as money, goods, property, etc. Consign : Delivery of goods from the owner to another party "consignee" to be sold by the consignee for the benefit of the owner.
Consignment : Delivery of goods from the owner to another party "consignee" to be sold by the consignee for the benefit of the owner. Consistent : In agreement with; not contradictory. Constitution : A document containing the fundamental laws governing a political entity, such as a nation or state. Also, a document stating the principles and rules by which a society or company or corporation shall be governed. Constraint : Restraint; compulsion; an interference or restraint of free will or of liberty. Construction : The process of determining the real meaning of a law, or a contract, when its real meaning is somewhat obscure.
Construe : To interpret; to ascertain the meaning of, especially the language of a document. Construed : To interpret; to ascertain the meaning of, especially the language of a document. Consumer rights : Legal rights given to purchasers of goods or services for personal use. These rights may be created by federal, state, or local laws and may vary from state to state.
Contemporaneous : Taking place at the same time as another occurrence. Context : Those parts of a spoken or written passage that precede or follow a specific word, phrase, or sentence. Taking words out of context often alters the meaning of the entire passage or text. Contingency : The possibility of happening; an event that may occur. Continuance : The postponement or adjournment of a case pending in court to some future date. Contract : An agreement between two or more people, one party or parties agreeing to perform certain acts, the other party or parties agreeing to pay for or give other consideration for said performance.
A contract places an obligation on one party to do something and an obligation upon the other party to reward the doer. Contractor : Someone who is engaged to do a job or perform an act but who maintains control over how the job or act is to be carried out. In medical jurisprudence, a surgeon who agrees to perform a certain operation is an independent contractor.
Contributory : In terms of a pension plan, a plan to which both the employer and the employee make contributions. Controversy : A suit or civil action; an issue appropriate for determination in a court of law. Controversies take place between plaintiffs and defendants. Conversion : 1. The taking of another's property without permission or cause. It is an unlawful act. In equity, conversion is the exchange of property from real to personal, or vice versa. Convey : Transfer. Convict : Someone who has been found guilty of a crime or misdemeanor; to find an accused guilty.
Convincing proof : Proof that is sufficient to establish a charge beyond a reasonable doubt. Corporate seal : An emblem or symbol of a corporation, often embossed on a corporation's stock or bond certificates, or on a contract of the corporation. Corporation : A legal entity composed, usually, of a number of people who have joined together for a common purpose.
Such legal entities are formed under city, state, or federal laws. Some corporations are public and some are private; some private corporations are organized for profit, others for nonprofit. Private corporations often issue stock to their owners in return for the money they invest.
Co-Signer : Someone who signs a document along with another person or persons, often assuming obligations to be shared with the other signers. Co-Trustee : One of two or more people who jointly hold, manage and distribute property for the benefit of another under a trust; joint trustee. Counsel : A lawyer; an attorney; a counselor. To counsel means to advise. Count : To state or plead a case in court; to argue a case; a particular charge in an indictment.
Court : A place where justice is administered. There are dozens of different types of courts, each especially set up for the administration of a particular type of justice. Covenant : A written agreement, signed and notarized, between two or more people, in which one party or parties promises to perform certain acts and the other party or parties agree to recompense him or them for such performance. In other words, a covenant is a binding contract between two or more people.
Suits for violation of a covenant are ex contractu, arising out of a written contract. Coverage : The items or occurrences that an insurance company will pay for if a claim is made; the amount of money that is paid for a loss. Credibility : The believability of a witness; worthy of belief. Credit : The ability of someone to borrow, based upon the opinion of the bank, or other lender, as to his capability to repay and his reliability to repay. Credit bureau : A business that collects and sells information regarding the payment history and creditworthiness of persons and organizations.
Creditor : A person to whom a debt is owed. The one owing the creditor is known as the debtor. Crime : A violation of an existing law or a failure to perform an act required by law. Criminal : Someone who has committed a crime of a serious nature. The word also means wicked. Cure : To remedy a default or violation. Current liability : An existing debt; an indebtedness that should be paid off within a year's time.
Current value : The prevailing price or value; the common market price at the place where the commodity originates. Custodian : An individual employed to safeguard and watch over somebody's property. Custody : The care and control of property, or of a person or persons. Custody does not necessarily imply ownership. A child may be given over to the custody of a parent or guardian; a prisoner may be held in custody by being placed in jail. Custom : An oft-repeated mode of conduct; a form of behavior acceptable to the majority of society, such as working five or six days a week.
A custom, by its universal adoption and repetition, acquires the importance and effect of a law in a particular community or country. Customarily : According to the usual order or procedure; in accordance with the industry norm. Damages : Compensation that the law awards to someone who has been injured or suffers a loss because of the action of another.
Data : A fact or facts from which conclusions are drawn; information, collected in order to reach a conclusion. Deal : A transaction between two or more people; a business arrangement to attain certain desired results. Death : The end of life. Most states legally define death as either the irreversible cessation of a brain function brain death , or b circulatory and respiratory function.
Death Benefit : Money that is paid by an insurance company or employer to a beneficiary when a person dies. Debt : Money owed; money owed as the result of an agreement or contract, oral or written. Debtor : A person who owes money; someone liable by contract to pay a claim. Deceased : A person who has died. Decedent : A deceased person. Declarant : The person who makes a statement, usually written, such as a Living Will. Declaration : A formal statement intended fo legal significance; e.
Decree : The decision of a court of equity. A judgment is a decision of a court of law. Deductible : The portion of a loss that an insured must pay before payment is made by an insurance company. Deed : A written document transferring the ownership of land, and the buildings thereon, to another person or persons. Deem : To determine; to consider; to judge.
Default : The failure of a person, persons, corporations, or municipalities to pay their debts; the failure to carry out an obligation. Defend : To attempt to defeat a claim or charge; to represent a defendant. Defendant : The party who refutes a claim made by a plaintiff; the person accused in a lawsuit. Defense : The denial of charges, brought by a plaintiff against a defendant; an answer to a complaint. Deletion : The crossing out or removal of certain words, sentences, or clauses from a legal document. Deliberate : 1.
An act that has been thought out and considered. The opposite of spontaneous or impromptu. To deliberate means to think about or consider, or to plan beforehand. Delinquent : An individual who does not carry out that which is expected of him or that which he has promised to do; a debt that is due and has not been paid; neglectful of duty. Demand : A legal obligation; a claim; to claim as one's right; to insist upon; a positive request that presupposes that there is no defense to the claim or right.
Demise : A deed; a lease; a transfer of property; a conveyance or creation of an estate to someone else for life. In medical jurisprudence, demise is a death. Denial : A defense against a charge; a contradiction; a traverse. When a defendant answers a plaintiff's charges, he or she often denies them. Even if it is stated that the defendant has insufficient information to respond to a complaint, this will constitute a denial. Deny : To issue a denial; to contradict; to protest.
Dependent : Someone who relies upon another for his partial or total support and maintenance. A spouse or minor child is referred to as a dependent. Depose : To make a statement under oath. Descendant : A child, grandchild, great-grandchild, and so forth, down through the generations. Descent : Inheritance from one's parents, grandparents, etcetera. Designate : To choose or select a person to serve in a specified role or capacity.
Designee : The chosen recipient of certain rights or obligations from another person. Determination : The end of a lawsuit, terminated by a decision of the court. A case is determined in favor of one or the other of the parties to the suit. Device : A deceit or plan to trick. A gambling device may be a machine specially designed to cheat those who gamble. Devise : A gift originating from a clause in a will, usually a gift of real estate. However, a devise may refer to a gift of personal property.
Direct : 1. Immediate; proximate; the opposite of indirect and remote. To order; to guide; to command; to control; to regulate. Disability : 1. The state of being legally incapable to perform an act; a lack of competence or power to perform. An injury or illness which incapacitates one from carrying out his usual duties. Such a disability may be physical or mental, total or partial, temporary or permanent. Disabled : 1. Disapprove : To disallow; to render an unfavorable judgment; to refuse to confirm a nomination or appointment of an official.
Discharge : 1. To satisfy a financial obligation. To release a patient from a hospital. Disclaim : To give up a legal claim. Disclaimer : The refusal of a beneficiary to accept an inheritance. Disclosure : The making known of something; a revelation; the uncovering of something that had been kept secret. Discontinuance : The failure of a plaintiff to continue to press the suit. As a consequence, the case is dismissed. Discrepancy : An inconsistency between the contentions of a party to a suit and the actual facts; a variance; a lack of conformity.
Discrimination : The denial of equal protection of the laws; the failure to treat all people alike despite differences in race, color, creed, sex, or social position.
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Disposition : The final determination of a matter, arrangement. Method of handling the body of a deceased person, for example by cremation or burial. Dispute : A controversy; an argument. In law, a dispute arises when one party presents an argument or a point of view that he contends is factual and such point of view or argument is denied by the other party. Disqualify : To render unfit; to make someone ineligible; to revoke qualification. A judge may disqualify himself from trying a case because he may have an interest in its outcome, or he may believe that he cannot be completely impartial.
Dissolution : The cancellation of a contract or partnership; the act of revoking or canceling a legal proceeding, as when a court dissolves an injunction; the act of terminating a marriage; the dissolving of a corporation. Dissolve : To cancel or terminate.
Distress : To take property away from a wrongdoer and to give it to the party he has injured, in order to give satisfaction for the wrong. Distribution : The transfer of the assets of a deceased person's estate to the heirs, after all debts, claims, and taxes have been paid. Distributions : The transmission of the assets of a deceased person's estate to the heirs, after all debts, claims, and taxes have been paid. District court : A court of the federal government or of a state, having jurisdiction over a particular geographic area. Such area may be a whole state, several states, or only part of a state, depending upon the size of its population.
Dividend : A fund set aside by a corporation composed of profits that will be apportioned to its various stockholders. When a corporation is profitable, its board of directors will usually declare a dividend. When the corporation fails to make money for any prolonged period of time, it may skip or fail to declare dividends. Divorce : A legal ending, by court order, of a marriage.
The legal basis for divorce differs from state to state; there is no national divorce law. Divorced : A legal ending, by court order, of a marriage. Divulge : To disclose information previously unknown. Doctrine : A belief; a tenet; a government policy, such as the Doctrine that all people are created equal. Donee : Someone who receives a gift; a person who is granted with a power of appointment.
Donor : The giver; one who makes a gift or sets up a trust. In medical jurisprudence, one who gives blood or an organ to a recipient. Dower : The right that a widow has to her dead husband's property. Dower rights vary from province to province in our country, as each province has its own laws on the subject. Draft : A written instruction from one person to another, ordering the payment of a specified sum of money to a third person on a specified date in the future.
Also known as a bill of exchange. Due care : The type of care that a sensible person exercises in a situation requiring carefulness. A good example would be when a person, prior to taking a long automobile trip, has his car checked out thoroughly before embarking upon the trip. Due date : The date upon which a debt falls due; the date upon which taxes should be paid; the date upon which a promissory note is to be paid.
Duly : Suitably; according to legal requirements; properly executed; according to law. Durable : Able to remain in existence for a long period of time regardless of the existence of obstacles, impediments or other adverse conditions. A power of attorney is said to be durable if it remains in effect even after the principal becomes incapacitated or incompetent.
Duress : Undue pressure by one person against another in order to get him to do something he does not want to do. This pressure might take the form of threats of bodily harm, or of exposure of information that the threatened person wants to keep secret, etcetera. Dwelling : A house or building in which people live. Easement : The right of a non-owner to use land. Such a non-owner may be a next-door neighbor, the general public, or the government.
An easement would be the right of an owner of property, who has no land on the street, to use another individual's property to reach the street. Easements must be negotiated and voluntarily agreed to by the owners of property. Effective : Refers to the date on which an agreement takes effect. Elimination period : The amount of time a person must wait before benefits can be collected on a disability insurance policy.
Empower : To grant authority; to delegate; to commission. Enable : To give someone the power to do something. Encroachment : Extending one's property onto that of another; a trespass, such as building a fence that intrudes upon or obstructs a public highway. Encumber : To burden property with debt, such as to mortgage or otherwise grant a security interest in property to another. Encumbrance : A liability that lowers the value of a piece of property, such as a lien or a mortgage.
Endorsement : Signing a check or note, or other negotiable document, so that the rights granted by the check or note are transferred to another person. When someone endorses a check, it permits the check to be cashed or deposited by another person. Enforceable : Capable of being performed; a contract is enforceable if a court of law would find it valid and effective. Engage : To apply oneself; to be employed or provide service to another under an agreement.
Ensue : To follow or to come later. When one is given a large dose of sleeping pills, sleep ensues. The word implies that there is a direct connection between a certain act and what follows said act. Entitle : To give the right to a claim; to grant a title or right; to furnish sufficient grounds for a title or claim. Entity : Something that exists as its own separate unit. Entry : The written record of a court proceeding. Enumerated : Mentioned specifically; specified.
Enure : Come into operation; take effect Enurement : To operate or to take effect upon something. Equitable : Fair; just; according to the principles of justice. An equitable settlement of a dispute is fair to both sides. Equity : The value remaining after subtracting corresponding debts; excess of assets over liabilities; net worth. Escape : The unlawful departure of a prisoner from his place of confinement. Estate : 1. Property in which someone has an interest; a person's right to property, such as real estate.
An estate is composed of a person's total possessions, including money, securities, land, etcetera. The word estate is synonymous with the word property. Eviction : The act of getting one to leave lands or quarters he has been occupying, such an act being authorized by a court of law. Evidence : Information tending to prove a claim. Examination : The questioning of an individual or individuals in connection with a legal matter. Exception : The disagreement with a judge's refusal of a request made by one of the attorneys in a case.
The request usually takes the form of an objection, and the refusal is stated by the judge in the words objection overruled. The exception is duly recorded and may possibly form the basis for a future appeal from the court's decision in the case. Excess : 1.
Overreacting to a situation; using more force than is necessary in protecting oneself. The holding of more moneys than is necessary by a corporation. Such excess moneys, profits, might have been distributed to stockholders. Too much. Exclusion : Shutting out; denying participation. Allowing or including only strictly-defined members of a group or category, with the implication that those not specifically named are not included.
Exclusive : 1. Restrictive; controlled by one person alone. An exclusive right to sell merchandise means that no one else may sell the product. An exclusive organization is one that limits its membership strictly, according to its own rules and regulations. Excuse : 1. A reason given for doing, or not doing, a thing. A request to a court to forgive an unlawful act because of extenuating circumstances.
Execute : To finish; to sign as complete; to carry out all formalities. Execution : Completion of all formalities; performance of an action. Executor : The person named by a maker of a will to carry out the directions as set forth in the will. The executor's duties include the payment of all outstanding debts and the disbursement of property to the heirs, as designated in the will. Also, the executor makes all bequests to charitable organizations, etcetera, as directed in the will. Exemption : The act of being freed from a certain obligation that would ordinarily prevail, such as an exemption from serving on a jury because of a house-confining illness.
Exhibit : A paper or document which contains information relevant to the subject matter, that is attached to the principal document to supplement or help explain that document. For example; a list, map, chart, schedule, another document, or a detailed description. Exonerated : Absolved of a charge; declared not responsible; not guilty; released from liability; exculpated. Expending : Spending. Expert witness : A witness with special knowledge in a particular sphere, such as a scientist, an engineer, etcetera.
Such a witness gives expert testimony. Express : An affirmative, definite statement. Express warranty : 1. A warranty that is bound by the explicit statements of the seller. A statement by an insured person, expressed in the insurance policy, that certain facts are true. Face : Material that appears on a document or statute without any explanation or modification.
Facsimile : An exact copy. Fact : Something that took place; an act; something actual and real; an incident that occurred; an event. Fair and equitable : In a bankruptcy, fair and equitable is a term used to signify that everything is being done to see that creditors are paid fairly and reasonably, and that the stockholders are also treated equitably.
Such treatment generally takes place during the reorganization of the bankrupt company. Fair market value : The price that a willing buyer and a willing seller would agree to. False pretenses : A premeditated, calculated, thought-out misrepresentation of fact or situation, frequently entered into to defraud someone of property or money. False statement : A deceitful, purposely untrue statement made for ulterior motives.
Familiarity : Knowing someone through frequent contacts, not usually implying intimacy; more than a casual acquaintance. Fault : Negligence; a wrongful act; a departure from that which is expected of someone; a neglect of obligation or duty; mismanagement; bad faith. Fed : Abbreviation for the Federal Reserve System, the central United States Bank that controls the nation's monetary supply usually referred to as the Fed. Fee : A recompense for a service. Fetus : An unborn child beyond three months in its development.
Prior to that period, the unborn child is known as an embryo. Fictitious : Pretended; false; imaginary; counterfeit; not genuine. Fiduciary : A person or organization who is given authority and responsibility over assets not owned by that fiduciary, such as an executor or personal representative in an estate, a trustee for a trust, or a conservator in a conservatorship.
Final : Definitive; terminating; completed. The term final is used in contrast to the word interlocutory. Financial statement : A written statement that an individual submits to a bank prior to receiving a loan; a credit statement. Findings : The results of the deliberations of a court or jury; the decisions expressed by a judicial authority after consideration of all the facts.
Fine : To impose a monetary penalty upon someone convicted of an offense. Firm : A partnership or company that is unincorporated; a business concern. First publication : The copyright by an author prior to publication of a manuscript; the date upon which the first copies of a work were placed on sale. Fiscal : An adjective referring to financial matters in general. Fiscal affairs are financial affairs. Fiscal Year : A repeating twelve-month period chosen by a business for accounting purposes.
A fiscal year can, but need not, end on December 31—the "calendar year. Force majeure : In contracts, a clause excusing non-performance of the contract if non-performance is due to unforeseen events beyond the control of the parties, such as acts of God. Foreign trade : Import and export trade between countries. Forfeit : To lose the right to do something, especially because of defaulting an obligation or because of an offense.
Forfeited : To lose the right to do something, especially because of defaulting an obligation or because of an offense. Foundation : A charitable organization; an endowment of moneys to a charitable organization. An individual can establish a fund or foundation, the earnings of which are designated to go for charitable purposes.
Fraud : An intentional distortion of the truth perpetrated upon someone in order to convince him to give up money, property, some right, or other thing rightfully belonging to him; deception; deceit, trickery. Fraudulent : In bad faith; dishonest. Free and clear : A "clean" title; a title to property that is free of liens or other possible hindrances. Free on Board : The term, or its abbreviation "f. Frequency : The number of times that a payment is made, for example, monthly, quarterly or annually.
Fringe benefits : Benefits received by employees in addition to their wages. Health insurance, life insurance, disability insurance, and pension benefits are all classified as fringe benefits. Full disclosure : The telling of all that one knows, not hiding or concealing anything that might be pertinent to the case. Furnish : To provide, equip, or supply.
Garnishment : A legal proceeding in which a creditor seeks to obtain payment from a debtor out of money, salary, or property of the debtor. The procedure takes place after a judgment against the debtor has already been handed down. General instruction : An instruction by a judge to a jury, setting down the salient points in the case that must be considered before bringing in a verdict.
In this instruction, the judge will state that the merits of the case must be decided only on the evidence. The judge will also state the limitations of the issues to be decided. General partners : Owners of a partnership who are responsible for the management of the partnership, receive a share of the partnership's profits and losses, and who are personally liable for the actions of the other partners and the debts of the business.
General partnership : An unincorporated business owned by more than one person, where all of the partners share equally in the management, profits and losses. General Power of Attorney : A document in which a person authorizes another person or entity to act on his or her behalf in a variety of situations. Gift tax : A tax on the transfer of property from one living person to another. The tax is levied on the transfer, not on the property transferred. Give notice : To inform someone that a legal suit is about to take place. Such notice is usually served legally, although it may be informal notification.
Good faith : Honest intentions; fairness; equity. One deals in good faith when one attempts, without guile or deception, to settle a controversy. Grace : A favor; dispensation; indulgence. Grandchildrens Trust : An arrangement where property or money is transferred by a grandparent grantor to a person trustee for the benefit of the grantor's grandchildren beneficiaries. Grant : 1. A transfer of property by deed. To give; to bestow.
A gift. Grantee : The recipient of property from a grantor. For example, using a Quitclaim Deed, a grantor can transfer property ownership to a grantee. Grantor : A person who sets up, and transfers property to, a trust. Gross income : The total income of a person or business, prior to deducting expenses. Gross negligence : 1. Failure to act where duty demands that one act. Acting in such a manner that one ignores the safety of others. Willful neglect.