Shift - Law Dictionary Search Results
Home Dictionary Name: shift Page: 4 Page 4 of about 50 results ( seconds)Reliction
Reliction, the sudden recession of the sea from land. See DERELICT LANDS.A process by which a river or stream shifts its location, causing recession of water from its bank, Black's Law Dictionary, 7th Edn...
Presumption
Presumption, a supposition, opinion, or belief pre-viously formed, Wood's Inst. 599.Presumptions have been said to be either: (1) juris et de jure (irrebuttable); or (2) juris (rebuttable); or (3) hominis vel judicis (rebuttable, of fact). (1) The presumption juris et de jure is that where law or custom establishes the truth of any point, on a presumption that cannot be overcome by contrary evidence; thus, that a child under seven is incapable of committing a felony (2) The pr'sumptio juris is a presumption established in law till the contrary be proved, as the property of goods is presumed to be in the possessor; every presumption of this kind must necessarily yield to contrary proof (3) The pr'sumptio hominis vel judicis is the conviction arising from the circumstances of any particular case. See Best on Evidence.There is a distinction between the 'presumption' under s. 114 of the Evidence Act and a 'statutory presumption' provided under the Bombay Prohibition Act. Under a statutory ...
Partition, Deed of
Partition, Deed of, a primary or original convey-ance. When an estate was held in community by joint tenants, tenants in common, coparceners, or joint heirs in gavelkind, and they were desirous of dividing it into distinct portions, to be exclusively enjoyed by each, and were not under legal disability, they could accomplish their object by this deed, and by s. 3 of the (English) Real Property Act, 1845 (now repealed), the partition of any tenements except copyhold is void unless made by deed. Sometimes, instead of agreeing as to their several allotments, a reference was made to a person to divide the estate into the required portions, and one mode of affecting this division was to convey the whole estate to the proposed referee upon trust to convey the several allotments to the respective parties according to his award.In Kent, where the land was of gavelkind tenure, they called these partitions shifting, from the Saxon, shiftan, to divide. For the present practice, see PARTITION....
Office
Office, an employment, either judicial, municipal (see CORPORATE OFFICE), civil, military, or ecclesiastical.As to obtaining offices by desert only, the repealed 12 Ric. 2, c. 2, enacted that--The Chancellor, Treasurer, . . . the Justices of the one bench and the other, Barons of the Exchequer and all other that shall be called to ordain, name, or make justices of the peace, sheriffs, . . . or any other officer or minister of the King shall be firmly sworn that they shall not ordain name, or make justice of peace, sheriff . . . nor other officer or minister of the King for any gift or brocage, favour or affection: nor that none that pursueth by him or by other privily or openly to be in any manner of office shall be put in the same office or in any other; but that they make all such officers and ministers of the best and most lawful men, and sufficient to their estimation and knowledge.Officia magistratus non debent esse venalia, (The offices of a magistrate ought not to be saleable.)L...
Mutual account
Mutual account, a 'mutual account' means not merely where one of the parties has received money and paid it on account of the other, but where each of the two parties has received and paid on the other's account. Transactions creating obligations on one side, those on the other being merely complete or partial discharges thereof, are not enough to constitute mutual account. The account is not rendered 'mutual' by the mere shifting of the balance on same occasions....
McDonnell Douglas test
McDonnell Douglas test, employment law. The principal for applying a shifting burden of proof in employment-discrimination cases, essentially requiring the plaintiff to come forward with evidence of discrimination and the defendant to come forward with evidence showing that the employment action complained of was taken for non-discriminatory reasons. Under this test, the plaintiff is first required to establish a prima facie case of discrimination, as by showing that the plaintiff is a member of a protected group and suffered an averse employment action. If the plaintiff satisfies that burden, then the defendant must articulate a legitimate, non-discriminatory reason for the employment action complained of. If the defendant satisfies that burden, then the plaintiff must prove that the defendant's stated reason is just a pretext for discrimination and that discrimination was the real reason for the employment action, Mc Donnell Douglas Corp v. Green, 411 US 792, 93 S.Ct. 1817 (1973); Bl...
Habeas corpus ad subjiciendum
Habeas corpus ad subjiciendum (that you have the body to answer). This, the most celebrated prerogative writ in the English law, is a remedy for a person deprived of his liberty. It is addressed to him who detains another in custody, and commands him to produce the body, with the day and cause of his caption and detention, and to do, submit to, and receive whatever the judge or Court shall consider in that behalf. The writ is applied for either by motion to a Court or application to a judge, supported by an affidavit of the facts. (See (English) Crown Office Rules, 1906, rr. 216-230.) If a probable ground be shown that the party is imprisoned without a cause and has a right to be delivered, this writ ought of right to be granted to every man committed or detained in prison or otherwise restrained, though by command of the sovereign, the Privy Council, or any other power. Therefore there is an absolute necessity of express-ing upon every commitment the reason for which it is made, that ...
Sharking
Petty rapine trick also seeking a livelihood by shifts and dishonest devices...
By way of specific charge
By way of specific charge, means a specific charge is one that without more fastens on ascertained and definite property or property capable of being ascertained and defined, a floating charge, on the other hand, is ambulatory and shifting in its nature, hovering over and so to speak floating with the property which it is intended to affect until some event occurs or some act is done which causes it to settle and fasten on the subject of the charge within its reach and grasp, Spectrum Plus Ltd. (in re:) (in Liquidation), (2004) LR 337 (CA): (2004) EWHC 9: (2004) EWCA Civ 670...
Banco
Banco, means a seat or bench of justice, a tract of land cut off by the shifting of a river's course especially land that has become cut off in such a manner from the country it originally belonged to, Black Law Dictionary, 7th Edn., p. 139.Banco [Ital.]. see BANC. A seat or bench of justice; also, in commerce, a word of Italian origin signifying a bank....
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