Instrumentality - Law Dictionary Search Results
Home Dictionary Name: instrumentality Page: 4Charging order
Charging order, an order obtained from a court or judge under the (English) Judgments Acts, 1838 and 1840 (1 & 2 Vict. c. 110), s. 14, and (3 & 4 Vict. c. 82), s. 1, and (English) R. S.C. 1883, Ord. XLVI., charging the stocks or funds of a judgment debtor with the judgment debt.Solicitor's Costs.--The (English) Solicitors' Act, 1932 (22 & 23 Geo. 5, c. 37), s. 69, enables any court in which a solicitor has been employed to prosecute or defend a suit to make a charging order in favour of the solicitor of the successful party for his taxed costs upon the property 'recovered or preserved' through the instrumentality of such solicitor, and the court may make such orders for taxation of and for raising and payment of such costs out of the property as shall appear just and proper, and all conveyances and acts done to defeat, or which shall operate to defect, such charge, unless made to a bona fide purchaser for value without notice, will be absolutely void as against th charge; but no such o...
Ancient demesne
Ancient demesne, a tenure now abolished by s. 128 of the (English) L. P. Act, 1922 (12 & 13 Geo. 5, c. 16), see COPYHOLDS, but formerly existing in certain manors, which, though now granted to private persons, were in the actual possession of the Crown in the times of Edward the Confessor and William the Conqueror, and appear to have been so by the great survey in the Exchequer called Domesday Book, and, therefore, whether lands are ancient demesne or not, is to be tried only by this book, called in consequence Liber Judicatorius; but the question must be tried by a jury whether lands be parcel of a manor which is ancient demesne, being a question of fact. There is great confusion in the books respecting this tenure. It is only the freeholders of the manor who are truly tenants in ancient demesne, and land held in ancient demesne, passes by common law conveyance without the instrumentality of the lord. The copyholders is an ancient demesne manor are merely to be considered as occupying...
alter ego
alter ego [Latin, literally, second I] : second self ;esp : a person or entity vicariously liable for another (as an agent) [had the officer been the alter ego of the corporation "J. J. White and R. S. Summers"] compare instrumentality NOTE: The concept of a legal alter ego is used primarily to hold the controlling parties of a corporation personally liable instead of limiting liability to the corporate entity. ...
dangerous instrument
dangerous instrument : an object capable of causing bodily injury either because of an inherent quality or because of the manner in which it is used called also dangerous instrumentality NOTE: An object is more likely to be deemed a dangerous instrument on the basis of how it is used in criminal cases than in tort cases. For example, a sidewalk has been held to be a dangerous instrument in a criminal case in which the defendant struck the victim's head against it. In tort cases, esp. where strict liability is to be imposed, the object usually has to have some inherently dangerous quality. ...
direct
direct 1 : to order with authority [the testator ed that the car go to his niece] 2 : to order entry of (a verdict) without jury consideration [the court ed a verdict in favor of the defendant] 3 : to act as director of vi : to act as director adj 1 a : stemming immediately from a source [ costs] [a claim] compare derivative b : being or passing in a straight line from parent to offspring : lineal [a ancestor] compare collateral 2 : marked by absence of any intervening agency, instrumentality, or influence [ consequences] 3 : effected by the action of the people or the electorate and not by representatives [ democracy] 4 : characterized by close logical, causal, or consequential relationship [a interest in the outcome of the litigation] di·rect·ly adv n : direct examination [testimony given on ] ...
entity
entity pl: -ties : an organization (as a business or governmental unit) that has a legal identity which is separate from those of its members see also alter ego, instrumentality, juridical person, legal person, pierce ...
pierce
pierce pierced pierc·ing : to see through the usually misleading or false appearance of [the object of summary judgment is to the pleadings and allow a judgment on the merits "J. H. Friedenthal et al."] [the Internal Revenue Service may attempt to the plain meaning of the agreement "W. M. McGovern, Jr. et al."] pierce the corporate veil : to disregard the corporate entity and reach the personal assets of the corporation's controlling parties : hold the controlling parties (as officers or shareholders) of a corporation personally liable for wrongful acts or debts of the corporation [a…creditor in New York cannot pierce the corporate veil solely on grounds of inadequate capitalization "R. C. Clark"] compare corporate immunity at immunity NOTE: An action to pierce the corporate veil is usually grounded on the corporation's being an instrumentality or alter ego of the officers or shareholders and on some misuse (as fraud) of the officers' or shareholders' control over the...
remove
remove re·moved re·mov·ing vt : to change the location, position, station, status, or residence of: as a : to have (an action) transferred from one court to another and esp. from a state court to a federal court see also separable controversy NOTE: Section 1441 et seq. of title 28 of the U.S. Code allows a defendant who is brought into a state court to remove the action to federal district court when diversity of citizenship exists, when the action involves a claim or right arising under the U.S. Constitution or under laws or treaties of the U.S., or when the defendant is a foreign country or its agency or instrumentality. Civil actions and criminal prosecutions brought against an officer or agency of the U.S. for any act under color of office may also be removed. b : to dismiss from office [an independent counsel…may be removed from office…only by the personal action of the Attorney General "U.S. Code"] c : to take away [should his incapacity be remo...
subsidiary
subsidiary pl: -ar·ies : a company having the majority of its stock owned by another company compare affiliate NOTE: The parent company of a subsidiary generally has the same policy-making powers as any majority owner and can do such things as appoint directors and hire officers. The subsidiary is controlled by the parent through these powers, and the parent may be held liable for the acts of the subsidiary if the subsidiary is found to be an instrumentality of the parent. subsidiary adj ...
trespass
trespass [Anglo-French trespas violation of the law, actionable wrong, from Old French, crossing, passage, from trespasser to go across, from tres across + passer to pass] : wrongful conduct causing harm to another: as a : a willful act or active negligence as distinguished from a mere omission of a duty that causes an injury to or invasion of the person, rights, or esp. property of another ;also : the common-law form of action for redress of injuries directly caused by such a wrongful act compare trespass on the case in this entry b : trespass quare clausum fregit in this entry con·tinu·ing trespass : a trespass that continues until the act (as of depriving another of his or her property without the intent to steal it) or instrumentality (as an object placed wrongfully on another's land) causing it is ended or removed criminal trespass : trespass to property that is forbidden by statute and punishable as a crime as distinguished from trespass that creates a cause o...
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