Presume - Law Dictionary Search Results
Home Dictionary Name: presume Page: 3Super falso et certo fingitur, super incerto et vero jure sumitur
Super falso et certo fingitur, super incerto et vero jure sumitur, a fiction assumes that the thing feigned is certainly untrue: a presumption of law assumes that what is presumed is not certain to be true. No one ever believed that a fiction (e.g. that a contract in fact made on the high seas was made at the Royal Exchange, or that the plaintiff in the Court of Exchequer was an accountant of the Crown) was true. That is why its truth was not permitted to be denied. On the other hand, it is probably true that, e.g., a child under 8 is doli incapax and for that reason it is conclusively presumed to be true....
Boundaries
Boundaries are the lines marking the division between two adjacent territories. The boundary may be (a) physical, or (b) national and supported by documentary or other evidence. (a) may consist of walls, fences, hedges or ditches, and the presumption is that the outer line along the top line of the ditch bank furthest from the hedge marks the boundary of the land on which the hedge, if any, is erected, because the owner of the soil would be presumed to throw up the soil on the his own land for the hedge, but this presumption may be rebutted. Simple fences or ditches and walls frequently belong to the owners of both properties in common, see PARTY WALL.Physical boundaries may also be roads or non-tidal streams, see Ad medium fil', or the sea or tidal rives, in which case the high-water mark of medium tides is presumed to be the boundary. Williams Real Property, 23rd Edn., p. 463. (b) Unmarked or imaginary boundaries are generally ascertained by reference to maps or plans, or by descript...
Peer
Peer, an equal; one of the same rank; a member of the House of Lords, as either Duke, Marquis, Earl, Viscount, or Baron, or Scots or presumably Irish representative peer, although the status of Irish representative peers is apparently undecided owing to the establishment of the Irish Free State. The king cannot create a dignity with a mesne between baron and baronets (Co. Litt. 16, b, Hargrave note 8).A member of the House of Lords cannot become a member of the House of Commons, nor can be vote at an election to that House, Earr Beauchamp v. Madresfield, (1872) LR 8 CP 245, although an Irish non-representative peer (Lord Rendlesham v. Haward, (1873) LR 9 CP 252); but an Irish non-representative peer may, presumably, be elected a member of the House of Commons for any seat in Great Britain. A peer cannot surrender his dignity to the king so as to affect the rights of his descendants therein (The Norfolk Earldom, 1907, AC 10). See Jac. Law Dict.; Co. Litt. 160.Under the rule, established...
Sufferance, Tenancy at
Sufferance, Tenancy at. This is the least and lowest estate which can subsist in realty. It is in strictness not an estate, but a mere possession only it arises when a person after his right to the occupation, under a lawful title, is at an end, continues (having no title at all) in possession of the land, without the agreement or disagreement of the person in whom the right of possession resides. Thus if A is a tenant for yes, and his term expires, or is a tenant at will, and his lessor dies, and he continues in possession without the disagreement of the person who is entitled to the same, in the one and the other of these cases he said to have the possession by sufferance-that is, merely by permission or indulgence, without any right: the law esteeming it just and reasonable, and for the interest of the tenant, and also of the person entitled to the possession, to deem the occupation to be continued by the permission of the person who has the right, till it is proved that the tenant ...
Damages
Damages, constitute the sum of money claimed or adjudged to be paid in compensation for loss or injury sustained, the value estimated in money, of something lost or withheld, Divisional Controller K.S.R.T.C. v. Mahadeva Shetty, (2003) 7 SCC 197 (202).The expression 'damages' is neither vague nor over-wide. It has more than one signification but the precise import in a given context is not difficult to discern. A plurality of variants stemming out of a core concept is seen in such words as actual damages, civil damages, compensatory damages, consequential damages, contingent damages, continuing damages, double damages, excessive damages, exemplary damages, general damages, irreparable damages, pecuniary damages, prospective damages, special damages, speculative damages, substantial damages, unliquidated damages. But the essentials are (a) detriment to one by the wrongdoing of another, (b) reparation awarded to the injured through legal remedies, and (c) its quantum being determined by t...
solidarity
solidarity in the civil law of Louisiana : the quality or state of being solidary : existence of a solidary obligation [will not presume ] ...
Special damage
Special damage, such a loss as the law will not presume to be the consequence of the defendant's act, but which depends in part at least on the special circumstances of the case. It must therefore be explicitly claimed on the pleadings, and at the trial it must be proved by evidence both that the loss was incurred and that it was the direct result of the defendant's conduct. a mere expectation or apprehension of loss is not sufficient (Odgers on Pleading)....
Overween
To think too highly or arrogantly to regard ones own thinking or conclusions too highly hence to be egotistic arrogant or rash in opinion to think conceitedly to presume...
Children
Children. The word child in legal documents means a legitimate child unless otherwise declared by statute. See Morris v. Britannic Assurance Co., 1931 (2) KB 125. 'Child' is defined by the (English) Children and Young Persons Act, 1933 (23 & 24 Geo. 5, c. 12), s. 107, as meaning, for the purposes of the Act, a person under fourteen years of age. The (English) Children and Young Persons (Scotland) Act, 1932 (22 & 23 Geo. 5, c. 47), makes provisions for Scotland similar to those of the corresponding English Act.Registration of Birth, and Vaccination.--It is the duty, by s. 1 of the (English) Births and Deaths Registration act, 1874 (37 & 38 Vict. c. 88), of the father and mother of very child born alive, and in their default of other persons (see BIRTHS), to give information to the registrar within forty two days; the (English) Public Health Act, 1936, ss. 2 and 3, provides for compulsory notification of births to the Medical Officer of Health (see BIRTHS), and the child must be vaccinat...
Comity of Nations
Comity of Nations, the most appropriate phrase to express the true foundation and extent of the obligation of the laws of one nation within the territories of another. It is derived altogether from the voluntary consent of the latter, and is inadmissible when it is contrary to its known policy or prejudicial to its interests. In the silence of any positive rule affirming or denying or restrain-ing the operation of foreign laws, courts of justice presume the tacit adoption of them by their own government, unless repugnant to its policy or prejudicial to its interests. It is not the comity of the courts, but the comity of the nation, which is administered and ascertained in the same way, and guided by the same reasoning, by which all other principles of the municipal law are ascertained and guided, Story's Conflict of Laws, s. 38, and see Westlake's Pr. Intern. Law....
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