Law Dictionary

law dictionaryA enterprise owned by one spouse may be a family asset, if the other partner contributed ultimately, both immediately or indirectly, to it. A direct contribution may be cash or labour; an oblique contribution might be caring for household and household duties in order that the opposite partner may consider the business. Family assets are presumed to be divided between the spouses on an equal basis underneath the Family Relations Act, but may be re-apportioned (divided differently) to attain fairness. There are complex authorized points concerned. The cross-examination of a celebration under oath concerning the matters at problem in the motion conducted, previous to trial.

The trustee is a non-public individual or company appointed in all chapter 7, chapter 12, and chapter 13 instances and a few chapter eleven circumstances. The trustee’s obligations embody reviewing the debtor’s petition and schedules and bringing actions in opposition to collectors or the debtor to recover property of the bankruptcy estate.

By Editor in Chief Bryan A. Garner, the world’s main authorized lexicographer, the 11th version is the most authoritative, comprehensive law dictionary ever revealed. There isn’t any authorized requirement that a might be drawn up by a lawyer, although there are pitfalls into which residence-made wills can fall. The person who makes a will is not out there to clarify him or herself, or to correct any technical deficiency or error in expression, when it comes into impact on that particular person’s death, and so there’s little room for mistake.

Under the rule, a defendant tort-feasor is unable to profit from the truth that the plaintiff acquired cash from one other supply, such as insurance, because of the defendant’s tort. Assumption of the Risk. When an individual voluntarily and knowingly proceeds in the face of an apparent and known hazard, she assumes the chance. A person found to have assumed the chance cannot make out the duty element of a negligence reason for action. The principle behind the rule is that a person who chooses to take a danger cannot later complain that she was injured by the chance that she selected to take.

Legal Dictionary: K

Usually the loan is used to develop the property and construct upon it, after which there’s a division of earnings upon sale—if there’s a revenue. The legal dictionary also incorporates The People’s Law Dictionary, by famend authorities Gerald and Kathleen Hill. It includes definitions, context, and utilization for more than 3,000 phrases.

History of Black’s Law Dictionary

The commonest forms of discovery are interrogatories, consisting of written questions the opposite get together must answer beneath penalty of perjury; depositions, at which one celebration to a lawsuit has the chance to ask oral questions of the other celebration or witnesses beneath oath whereas a written transcript is made by a court docket reporter; and requests to provide paperwork, by which one party can drive the other to supply physical proof. Parties may also ask each other to admit or deny key facts in the case. Discovery allows parties to assess the energy or weak point of an opponent’s case, in order to support settlement talks and also to be sure that the events have as a lot knowledge as possible for trial. Discovery can be current in criminal circumstances, by which by law the prosecutor should turn over to the protection any witness statements and any evidence which may tend to exonerate the defendant.

Typically, the decide and the parties additionally talk about the potential of settlement of the case. A individual or business that information a formal complaint with the court docket.

The antiquated English time period of administratrix was used to discuss with a female administrator but is generally no longer in standard authorized utilization. Headwords are given their dates of earliest recognized use in English-language sources, giving dictionary customers a larger sense of historic context.

The act of rendering some­factor null and void, or a clause in a deed, lease, will, or other authorized docu­ment that fully or partially negates the doc if a certain situation occurs or fails to happen. For instance, a will might present that a present of property is defeasable””that is, void””if the beneficiary fails to marry before a certain time. A means of ­escaping an excessively burdensome mortgage.

In a belief, a person who’s to receive advantages from the trust. Bench trial or Non-Jury Trial. Trial before a judge and with no jury. In a bench trial, the decide decides questions of law and questions of fact.