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Copyhold
at the lord's will. The law certainly considers the freehold to be in the lord (except in the case of strict customary free holds, when the freehold is in the tenant), and the tenant to possess his
Burden of proof
Affirmanti non neganti incumbit probatio. The burden of proof lies on the person who has to support his case by proof of a fact which is peculiarly within his own knowledge, or of which he is supposed … point in issue is to be proved by the party who asserts the affirmative, according to the civil law maxims, Ei incumbit probatio qui dicit, nonqui negat; Actori incumbit onus probandi; and Affirmanti non neganti incumbit probatio.
Bail
Webster's Dictionary of Law, Indian Edn., (2005), p. 41. Bail may be given either in civil or criminal cases. In civil cases there were, before the abolition of arrest on mesne process by the Debtors Act, 1869:-
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Oath
the form and manner following:- The person taking the oath shall hold as New Testament, or, in the case of a Jew, the Old Testament, in his uplifted hand, and shall say or repeat after the officer … an oath in all places and for all purposes where an oath is or shall be required by law, which affirmation shall be of the same force and effect as if he had taken the oath. By
Criminal Appeal Act, 1907 (English)
into the House of Lords, said that the absene of any provision for rectifying errors andmistakes in criminal cases constituted a blot upon the criminal jurisdiction of England which did not exist in any civilized country. The … admiration of our national jurisprudence was almost a foible, passed some severe criticisms on the stateof the criminal law of his day. In more recent times Lord James of Hereford (then Sir Henry James) introduced a criminal
Trust
Common or Statutory Law in the limitations of legal estate. Before 1926 an equitable entail would in the case of an executory document or a bequest or devise by will pass without the words 'heirs of the
Arbitration
determination of a matter in dispute by the judgment of one or more persons, called arbitrators, who in case of difference usually call in an 'umpire' to decide between them. Means a method of dispute resolution involving … neutral third parties who are usually agreed to by the disputing parties and whose decision is binding, Black Law Dictionary 7th Edn., p. 100. Means any arbitration whether or not administered by permanent arbitral institution. [The Arbitration
Joint-tenancy
Legislation of 1925 has employed the tenure generally as the machinery by which legal estate may in such cases always be in some person, called the estate owner, who is competent to give a title to the … speculation, to two or more persons in the same right, either simply, or by construction or operation of law jointly, with a jus accrescendi, that is, a gradual concentration of property from more to fewer, by the
Domicile
sorts: domicile by birth, domicile by choice, and domicile by operation of law. The first is the common case of the place of birth, domicilium originis; the second is that which is voluntarily acquired by a party,
Natural justice
natural justice which are not embodied rules. What particular rule of natural justice should apply to a given case must depend to a great extent on the facts and circumstances of that case, the frame-work of the … it negatively to prevent miscarriage of justice. These rules can operate only in areas not covered by any law validly made. In other words they supplant the rules of natural justice which are not embodied rules. What
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