Concur - Law Dictionary Search Results
Home Dictionary Name: concur Page: 2Extinguishment
Extinguishment, the annihilation of a collateral interest, or the supersedure of one interest by another and greater interest in that out of which it is derived. It is of various natures as applied to various rights.The cessation or cancellation of some right on interest, Black's Law Dictionary, 7th Edn., p. 604.(1) Extinguishment of common. It he who is entitled to common appurtenant purchase any part of the land which is subject to his right of common, that right is extinguished for the whole; and so, if he release his right over any part of the land. But it has been justly doubted whether in any case, and especially if all persons who have common appurtenant in the same land concur in discharg-ing some part of it, this legal trap should be allowed to operate, Burton's Comp., 8th Edn. 352. If one of the tenants of a manor purchase any part of the land over which he has a right of common appendant, his right over the rest will continue. So, on the alienation of any part of land to whi...
Entireties, tenancy by
Entireties, tenancy by. Before the (English) L.P. Act, 1925, where an estate was conveyed or devised to a man and his wife during coverture, they were said to be tenants by entireties, that is, each was said to be seized of the whole estate, and neither of a part. The consequence was, that the husband's con-veyance alone would not have had any effect against his wife surviving him. The husband being seised of the whole estate during coverture either in his own right or jure uxoris, could of course part with that interest; but to make a complete conveyance of all the interests held in entirety, the wife must concur. Tenants by entireties were seised pre tout, and not per my et per tout. As a consequence of this doctrine if lands were given to a husband and his wife and a third person, the husband and wife, being reckoned only as one person, took one-half and the third person the other half; but under s. 37 of the (English) Law of Properties Act, 1925, the husband, wife and third person ...
Domicile
Domicile, the place where a person has his home.By the term 'domicile,' in its ordinary acceptation, is meant the place where a person lives or has his home. In this sense the place where a person has his actual residence, inhabitancy, or commorancy, is sometimes called his domicile. In a strict and legal sense, that is properly the domicile of a person where he has his true fixed permanent home and principal establishment, and to which, whenever he is absent, he has the intention of returning (animus revertendi).Two things, then, must concur to constitute domicile: first, residence; and secondly, the intention of making it the home of the party. There must be the fact and intent; for, as Pothier has truly observed, a person cannot establish a domicile in a place except it be animo et facto.From these considerations and rules the general conclusion may be deduced, that domicile is of three sorts: domicile by birth, domicile by choice, and domicile by operation of law. The first is the ...
Merger
Merger [fr. mergo, Lat., to sink], an annihilation, by act of law, of a particular in an expectant estate consequent upon their union in the same person without an intervening estate in another person--thus accelerating into possession the expectant which swallows up the particular estate. It is the drowning of one estate in another, and differs from suspension, which is but a partial extinguishment for a time; while extinguishment, properly so termed, is the destruction of a collateral thing in the subject itself out of which it is derived. 'In order that there may be a merger, the two estates which are supposed to coalesce must be vested in the same person at the same time and in the same right' [Re Radcliffe, (1892) 1 Ch 231, per Lindley, LJ]. An estate tail, however is an exception to the rule; for a man may have in his own right both an estate tail and a reversion in fee; and the estate tail, though a less estate, will not merge in the fee, 2 Bl. Com. 177.The doctrine of merger pr...
Nonconcurrence
Refusal to concur...
voir dire
voir dire [Anglo-French, to speak the truth] : a formal examination esp. to determine qualification (as of a proposed witness) [the judge admitted the witness's expert testimony after a voir dire by the attorney] ;esp : the act or process of questioning prospective jurors to determine which are qualified (as by freedom from bias) and suited for service on a jury vt voir dired voir dir·ing : to examine in a voir dire proceeding [a motion to voir dire the witness outside the presence of the jury] [voir diring prospective jurors as to their beliefs concerning the death penalty "State v. Ortiz, 540 P.2d 850 (1975) (concur)"] ...
Nonconcur
To dissent or refuse to concur...
dissent
dissent 1 : to withhold assent or approval [unfair squeezeout transactions—the kind to which public shareholders seem most likely to "R. C. Clark"] see also appraisal NOTE: A shareholder who dissents from a proposed transaction may demand that the corporation buy his or her shares after an appraisal. 2 : to differ in opinion ;esp : to disagree with a majority opinion [three of the justices ed] compare concur dis··sent·er n n 1 : difference of opinion ;esp : a judge's disagreement with the decision of the majority 2 : dissenting opinion at opinion 3 : the judge or group of judges that dissent compare majority ...
opinion
opinion 1 a : a belief stronger than impression and less strong than positive knowledge b : a formal expression of a judgment or appraisal by an expert see also opinion testimony at testimony compare fact 2 a : advice or evaluation regarding the legal issues involved in a situation given by an attorney to a client [an of title] called also legal opinion see also opinion letter at letter b : an advisory opinion issued by an authorized public official (as an attorney general) or a recognized body (as the American Bar Association) 3 a : the formal written expression by a court or judge of the reasons and principles of law upon which the decision in a case is based compare holding, judgment, ruling advisory opinion : a nonbinding opinion or evaluation of a court or other judicial or quasi-judicial authority or body regarding the effect of the law on a situation that does not present an actual controversy between parties [to answer questions which were not brought before this Court...
plurality
plurality pl: -ties : an amount or group (as of votes) that is greater than any other amount or group within a total but that is not more than half ;esp : a group of justices on an appeals court who do not form a majority but with whose opinion enough other justices concur to render it the decision of the court see also plurality opinion at opinion compare majority ...
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