Statutory Law - Law Dictionary Search Results
Home Dictionary Name: statutory law Page: 6succession
succession 1 a : the order in which or the conditions under which one person after another succeeds to a property, dignity, position, title, or throne [the sequence of to the presidency] b : the right of a person or line of ancestry to succeed c : the line of ancestry having such a right 2 a : the act or process of following in order b : the act or process of one person's taking the place of another in the enjoyment of or liability for rights or duties or both 3 : the act or process by which a person becomes entitled to the property or property interest of a deceased person and esp. an intestate : the transmission of the estate of a decedent to his or her heirs, legatees, or devisees ;also : the estate of the deceased including assets and liabilities used chiefly in the civil law of Louisiana intestate succession 1 : the transmission of property or property interests of a decedent as provided by statute as distinguished from the transfer in accordance with the decedent's wi...
Executory devise
Executory devise. Mr. Fearne (Cont. Rem. 386) defines an executory devise to be, strictly, such a limitation of a future estate or interest in lands or chattels (though, in the case of chattels personal, it is more properly an executory bequest) as the law admits in the case of a will, though contrary to the rules of limitation in conveyances at Common Law. It is only an indulgence allowed to a man's last will and testament, where otherwise the words of the will would be void; for wherever a future interest is so limited by devise as to operate as a contingent remainder, such an interest is not an executory devise, but a contingent remainder.Executory Devises have been divided into three kinds, two relative to real, and the third to personal estate only, viz.:-(1) Where a testator devises his whole fee-simple, but upon some contingency qualifies such devise, and limits an estate on the contingency; e.g., a devise of land to the testator's wife for life, remainder to C., his second son ...
Conveyance
Conveyance, an instrument which transfers property from one person to another, defined for the purposes of the Law of Property Act, 1925, s. 205, as including 'mortgage charge, lease, assent, vesting declaration, vesting instrument, disclaimer, release and every other assurance of property or of any interest therein by any instrument, except a will.' See CONVEYANCING ACT; DEED; LAW OF PROPERTY; TRUSTS.Includes a conveyance on sale and every instrument by which property, whether movable or immovable, is transferred inter vivos and which is not otherwise specifically provided for by Schedule I. [Indian Stamp Act, 1899 (2 of 1899), s. 2 (10)]Includes a vessel, an aircraft and a vehicle. [Customs Act, 1962 (52 of 1962), s. 2 (9)]Means a conveyance of any description whatsoever and includes any aircraft, vehicle or vessel. [Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), s. 2 (viii)]Means any vehicle, vessel, aircraft or any other means of transport including any animal. ...
constitutional law
constitutional law : a body of statutory and case law that is based on, concerns, or interprets a constitution ...
search
search 1 : an exploratory investigation (as of an area or person) by a government agent that intrudes on an individual's reasonable expectation of privacy and is conducted usually for the purpose of finding evidence of unlawful activity or guilt or to locate a person [warrantless es are invalid unless they fall within narrowly drawn exceptions "State v. Mahone, 701 P.2d 171 (1985)"] see also exigent circumstances, plain view probable cause at cause, reasonable suspicion search warrant at warrant compare seizure NOTE: The Fourth Amendment to the U.S. Constitution prohibits unreasonable searches and requires that a warrant may issue only upon probable cause and that the warrant must particularly describe the place to be searched. Some searches, such as a search incident to an arrest, have been held to be valid without a warrant. administrative search : an inspection or search carried out under a regulatory or statutory scheme esp. in public or commercial premises and usually to enf...
abrogate
abrogate -gat·ed -gat·ing [Latin abrogare, from ab- off + rogare ask, ask for approval of (a law)] : to abolish by authoritative, official, or formal action : annul repeal [a recent addition to [section] 51B s statutory and common-law privileges "J. S. J. Elder and A. G. Rodgers"] ab·ro·ga·tion [a-brə-gā-shən] n ...
Prohibition
Prohibition, a writ to forbid any court to proceed in any cause there depending, on the suggestion that the cognizance thereof belongs not to such Court. It is a remedy provided by the Common Law against the encroachment of jurisdiction.The writ issued not only out of the King's Bench, but also out of the Courts of Chancery, Exchequer, and Common Pleas, and now issues out of the High Court of Justice, on application by motion supported by affidavits for a rule to show cause (Rules 70, 71, of Crown Office Rules, 1906), to any inferior Court concerning itself with any matter not within its jurisdiction. If either the judge or a party proceed after such prohibition, an attachment may be had against them for contempt, at the discretion of the Court that awarded it; and an action for damages will lie against them, by the party injured.Sometimes the point is too doubtful to be decided upon motion, and the party applying is directed to declare in prohibition, setting forth concisely so much o...
Bad-boy provision
Bad-boy provision, means a statutory or regulatory clause in a blue-sky law stating that certain persons, because of their past conduct, are not entitled to any type of exemption from registering their securities. Such clauses typically prohibit issuers, officers, directors, control persons, or broker dealers from being involved in a limited offering if they have been the subject of an adverse proceeding concerning securities, commodities or postal fraud, Black Law Dictionary, 7th Edn., p. 134....
Tax and fee-distinction
Tax and fee-distinction, a tax is a compulsory exaction of money by a public authority for public purposes enforceable by law and is not payment 'for services rendered'. This definition brings out the essential characteristics of a tax as dis-tinguished from other forms of imposition which, in a general sense, are included within it. The essence of taxation is compulsion, that is to say, it is imposed under statutory power without the taxpayer's consent and the payment is enforced by law. The second characteristic of tax is that it is an imposition made for public purpose without reference to any special benefit to be conferred on the payer of the tax. On the other hand A fee is generally defined to be a charge for a special service rendered to individuals by some govern-mental agency. But the traditional view that there must be actual quid pro quo has undergone a sea change with the passage of time. Correlation-ship between the levy and the services rendered/expected is one of general...
perpetuity
perpetuity pl: -ties 1 : the quality, state, or duration of being perpetual [devised to them in ] 2 a : the condition of a future estate limited in such a way as not to vest within the period fixed by law for the vesting of an estate ;also : a limitation that gives rise to such a situation b : an estate that will not vest within the period fixed by law see also rule against perpetuities, statutory rule against perpetuities 3 : an annuity payable forever ...
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