Qualified Property - Law Dictionary Search Results
Home Dictionary Name: qualified property Page 1 of about 34 results (0.007 seconds)Qualified property
Qualified property, an ownership of a special and limited kind. It may arise either from the peculiar circumstances of the subject-matter, which render it incapable of being under the absolute dominion of any proprietor, as in the case of animals fer' natur', or from the peculiar circumstances of the possessor, as in the case of a bailment. See BAILMENT and POSSESSION....
Fer' natur', animals
Fer' natur', animals. Beasts and birds of a wild disposition, such as deer, hares, coneys in a warren, pheasants, partridges, etc., as distingui-shed from those domit' natur', or tame, such as horses, sheep, poultry, etc. They are not whilst living the subjects of absolute property, so that they cannot be the subject of larceny, nor are they liable to distress for rent. But a man may acquire a qualified property in them, either (1) Per industriam, by his reclaiming and making them tame by art and industry, or by so confining them that they cannot escape, e.g., deer in a park, hares or rabbits in an enclosed warren, etc. The property in them only continues so long as they remain in a man's actual possession, but ceases if they regain their liberty, unless they have animus revertendi, as in the case of pigeons, tame hawks, etc. (2) Ratione impotenti', on account of their inability, as when birds, coneys, etc., make their nests or burrows on a mans' land, then he has a qualified property ...
Impotentiam, Propter, Property
Impotentiam, Propter, Property, a qualified pro-perty, which may subsist in animals fer' natur', on account of their inability when they are young: the landowner has a qualified property in them till they can fly or run away, and then such property expires, 2 Steph. Com., bk. Ii., ch. 1....
qualified disclaimer
qualified disclaimer : an irrevocable and absolute refusal to accept a particular interest in the estate of a decedent (as a spouse) that is made in accordance with federal tax requirements and results in favorable tax consequences (as exemption from a gift tax) NOTE: Property disclaimed under a qualified disclaimer is not treated as a gift and is not included in the gross estate of the decedent. Thus property disclaimed by a surviving spouse could pass to his or her children without incurring a gift tax. A disclaiming party cannot, however, direct the disposition of the disclaimed interest and must not have accepted the interest or its benefits (as dividends). ...
qualified terminable interest property
qualified terminable interest property see property ...
declaration
declaration 1 : the act of declaring [ of dividends] [ of war] 2 a : the first pleading in a common-law action compare complaint, indictment b : a statement usually not under oath made by a party to a legal transaction [the attorney must later sign an affidavit or stating that he has informed the debtor "J. H. Williamson"] c : a statement not under oath being offered as evidence declaration against interest : a statement made by someone unavailable as a witness that is against that person's own interests (as pecuniary or property interests) or may subject that person to liability compare admission, confession, self-incrimination NOTE: A declaration against interest is an exception to the hearsay rule. A statement that is offered to clear the accused is not admissible without corroborating circumstances under the Federal Rules of Evidence. dy·ing declaration : a statement that is made by a person who firmly believes that he or she is about to die and has no hope of recove...
Larceny
Larceny [fr. larcin, Fr.; latrocinium, Lat.], contracted from latrociny, the unlawful taking and carrying away of things personal, with intent to deprive the rightful owner of the same. Larceny is a felony, and is either simple or accompanied with circumstances of aggravation:(1) Simple larceny at Common Law, or plain theft. To constitute the offence there must be an unlawful taking, which implies that the goods must pass from the possession of a true owner (including one who has a qualified property only in the goods, as a bailee), and without his consent; where there is, then, no change of possession, or a change of it by consent, or a change from the possession of a person without title to that of the true owner, there cannot be a larceny. As to the difference between property parted with by the owner of his own free will, however fradulently influenced, in other words, between property 'entrusted' and 'possession by a trick,' see Oppenheimer v. Frazer, (1907) 2 KB 50, and Lake v. S...
Privilegium, property propter
Privilegium, property propter, a qualified property in animals fer' natur', i.e., a privilege of hunting, taking, and killing them, in exclusion of others, 2 Bl. Com. 394; 2 Steph. Com....
Special property
Special property, qualified property....
recapture
recapture -tured -tur·ing 1 : to capture again 2 : to recover or take (as an excess or gain) by law or agreement ;esp : to recover (a tax benefit) by higher or additional taxation of income or property that ceases to qualify for a credit or deduction or by taxing gain realized from the sale or exchange of such property [the government recaptured the depreciation by taxing the gain resulting from the difference between the sale price and the basis after depreciation] n 1 : the act or process of recapturing 2 : an amount recaptured or subject to recapture ...
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