Established Practice - Law Dictionary Search Results
Home Dictionary Name: established practice Page: 2 Page 2 of about 70 results ( seconds)Equitable mortgage
Equitable mortgage, a mortgage under which the mortgagee does not get the legal estate. The following mortgages are equitable:-(1) Where the subject of a mortgage is trust property, which security is effected either by a formal deed or a written memorandum, notice being given to the trustees in order to preserve the priority. As a rule these mortgages include mortgages (not being mortgages of a legal estate) under a trust for sale or settlement which are not registrable under the (English) L.C. Act, 1925, s. 10, Class C.(2) Where the subject of the mortgage is an equity of redemption, which is merely a right to bring an action in the Chancery Division to redeem the estate. Now under the (English) L.P. Act, 1925, Sched. I., Parts VII. (1), (3), and VIII. (1), (3), and see ss. 85, 86, ibid., a mortgagor retains a legal estate in fee simple or for a term of years, and the first and subsequent mortgagees out of that estate each have a legal mortgage.(3) Where mortgages created before 1925 ...
Custom
Custom [fr. Costume, It.; coustume, coutume, Fr.; costumbre, Sp.; consuetudo, Lat.], 'Custom maybe defined to be a law or right not written which being established by long use and consent of our ancestors has been and daily is put in practice' (Les Termes de la Ley). In Lockwood v. Wood, 6 QB 50, Tindal C.J., at p. 64 says that it is 'in effect , the Common Law within that place to which it extends although contrary to the General Law of the realm.' If it be universal, it is Common Law; if particular, it is then properly custom. The requisites to make a particular custom good are these: (1) It must have been used so long that the memory of man runs not to the contrary; (2) it must have been continued and (3) peaceable; also (4) reasonable and (5) certain; (6) compulsory, and not left to the option of every person, whether he will use it or not; and (7) consistent with other customs, for one custom cannot be setup in opposition to another; see 1 Bl. Com. 76. Customs are of different kin...
Originating summons
Originating summons, a summons without writ, returnable in the chambers of a judge of the High Court. summonses of this description are very frequently issued in the Chancery Division for the determination of particular questions arising in the administration of an estate or trust, without the administration of the whole estate or trust; for settling questions between vendors and purchasers (see VENDOR AND PURCHASER SUMMONS); for foreclosure or redemption of mortgages; for determining questions of construction of a written instrument, and for numerous other purposes; see R.S.C. 1883, Ords. LIV. LIVA., LIVB., LIVC., and LV. Et seq. If the question raised is one requiring argument it is generally adjourned into Court; if it is a simple matter the judge will determine it in Chambers. The summons may be taken out by any person interested, and is served on the persons whose rights are sought to be affected. This procedure was first established in 1883 by the Rules of that year, and has been...
Experiment
A trial or special observation made to confirm or disprove something uncertain esp one under controlled conditions determined by the experimenter an act or operation undertaken in order to discover some unknown principle or effect or to test establish or illustrate some hypothesis theory or known truth practical test proof...
entrapment
entrapment 1 : the action or process of entrapping [ is un-American and has no place in law enforcement "Tip O'Neill"] 2 : the state or condition of being entrapped ;also : the affirmative defense of having been entrapped by a government agent (as an officer or informant) see also predispose NOTE: Entrapment is available as a defense only when an agent of the state or federal government has provided the encouragement or inducement. This defense is sometimes allowed in administrative proceedings (as for the revocation of a license to practice medicine) as well as criminal proceedings. In order to establish entrapment, the defendant has the burden of proving either that he or she would not have committed the crime but for the undue persuasion or fraud of the government agent, or that the encouragement was such that it created a risk that persons not inclined to commit the crime would commit it, depending on the jurisdiction. When entrapment is pleaded, evidence (as character eviden...
judicial activism
judicial activism : the practice in the judiciary of protecting or expanding individual rights through decisions that depart from established precedent or are independent of or in opposition to supposed constitutional or legislative intent compare judicial restraint ...
institution
institution 1 : the act of instituting 2 : a significant practice, relationship, or organization in a society or culture [the of marriage] 3 : an established organization or corporation esp. of a public character ;specif : a facility for the treatment or training of persons with mental deficiencies ...
form
form 1 : the structure of something (as a document) as distinguished from its matter [a defect in , not substance] 2 : established procedure according to rule or practice see also form of action 3 : a printed or typed document with blank spaces for insertion of required or requested information [tax s] ...
patent
patent [Anglo-French, from Latin patent- patens, from present participle of patēre to be open] 1 a : open to public inspection see also letters patent at letter b : secured or protected by a patent [a nonexclusive license to produce and sell the product] [sought to enforce her rights against infringement] 2 : of, relating to, or concerned with the granting of patents esp. for inventions [a lawyer] [involved in litigation] 3 : readily seen, discovered, or understood [a defect] [if no bad faith or abuse is ] compare latent pat·ent·ly adv [pat-nt] n 1 : an official document conferring a right or privilege : letters patent at letter 2 a : the right to exclude others from making, using, or selling an invention or products made by an invented process that is granted to an inventor and his or her heirs or assigns for a term of years see also intellectual property at property compare copyright, trademark NOTE: A patent may be granted for a process, act, or method t...
Registration of title of land
Registration of title of land. The (English) Land Registration Act, 1925 (15 Geo. 5, c. 21), repeals and re-enacts the (English) Land Transfer Acts, 1875 (38 & 39 Vict. c. 87) and 1897 (60 & 61 Vict. c. 65), with amendments in keeping with innovations which were introduced by the property laws of 1925. Its object is to simplify the indicia of land ownership and transfer by mere inscription and transcription in a register. The advantages which are claimed for the system are (a) purchasers for value of an absolute or good leasehold title are absolved from any inquiry into the title other than it is shown to be on the register; (b) certain equitable claims which would be binding on the land under the general law and cannot be removed or over-reached without onerous formalities do not affect such purchasers; (c) the method of conveyance or charge is simple; (d) subject to the statutory provisions, registration guarantees the title to purchasers for value and mortgagees. It should be observ...
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