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Overturn - Law Dictionary Search Results

Home Dictionary Name: overturn Page: 2

Merito beneficium legis amittit, qui legem ipsam subvertere intendit

Merito beneficium legis amittit, qui legem ipsam subvertere intendit [Lat.], he justly loses the benefit of law who purposes to overturn the law itself...


attack

attack : an attempt to prove something invalid or incorrect esp. through judicial procedures [made an on the will as not properly witnessed] ;specif : an attempt to have the judgment of a court corrected or overruled collateral attack : an attack on a judgment made during or by a proceeding brought for a different purpose see also habeas corpus ad subjiciendum at habeas corpus direct attack : an attack on a judgment made in a proceeding (as an appeal) brought for the specific purpose of having the judgment corrected or overturned attack vb ...


inadvertent discovery

inadvertent discovery : unexpected finding of incriminating evidence in plain view by the police compare inevitable discovery NOTE: In Coolidge v. New Hampshire, 403 U.S. 443 (1971), the U.S. Supreme Court held that evidence found by inadvertent discovery may be seized under the plain view exception to the warrant requirement for searches and seizures. In Horton v. California, 496 U.S. 128 (1990), however, the Court, while not overturning Coolidge, decided that inadvertent discovery is not a necessary condition for application of the plain view exception to seizures. ...


Proa

A sailing canoe of the Ladrone Islands and Malay Archipelago having its lee side flat and its weather side like that of an ordinary boat The ends are alike The canoe is long and narrow and is kept from overturning by a cigar shaped log attached to a frame extending several feet to windward It has been called the flying proa and is the swiftest sailing craft known...


Reversal

Reversal, an appellate court's overturning of a lower court's decision, Black's Law Dictionary, 7th Edn., p. 1320....


Uses

Uses (History). A use is the intention or purpose, express or implied, upon which property is to be held. The Common Law treated the actual possessor for all purposes as the owner of the property. It was not difficult to find him out, since the possession of his estate was conferred upon him by a formal and notorious ceremony, technically called livery of seisin, which was performed openly and in the presence of the people of the locality.It soon became evident that the simple rules of the Common Law were stumbling-blocks to the complicated wants of an enterprising people.Hence ingenuity was sharpened to hit upon a device which should set at nought the rigidity of existing law and formalities.A system was found by the monastic jurists upon a model furnished by the Civil Law, which, by a nice adaptation, evaded, without overturning, the Common Law. Two methods of transferring realty began to co-exist in this country-the ancient Common Law system, and the later invention, which is denomi...


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