ADAOK.ORG

TERMS
source: Blacks Law Dictionary 11th Ed.


ALLODIUM (17c) An estate held in fee simple absolute. Also spelled Alodium - Also termed Alod; alode.

CORRUPTION OF BLOOD. (16c) A defunct doctrine, now considered unconstitutional, under which a person loses the ability to inherit or pass property as a result of an attainer or of being declared civilly dead.

ATTAINDER. (15c) 1. At common law, the act of extinguishing a person's civil rights when that person is sentenced to death or declared an outlaw for committing a felony or treason. 2. A grand-jury proceeding to try whether a jury has given a false verdict. 3. The conviction of a jury so tried

FEE SIMPLE (15c) An interest in land that, being the broadest property interest allowed by law, endures until the current holder dies without heirs; esp., a fee simple absolute. - Often shortened to fee. - Also termed estate in fee simple; tenancy in fee; fee-simple title; exclusive ownership; feudum simplex; estate in fee.

OWNERSHIP (16c) The bundle of rights allowing one to use, manage, and enjoy property, including the right to convey it to others. * Ownership implies the right to possess a thing, regardless of any actual or constructive control. Ownership rights are general, permanent, and heritable.

    "Ownership does not always mean absolute domininon. The more an owner, for his advantage, opens up his property for use by the public in general, the more do his rights become circumscribed by the statutory and constitutional powers of those who use it." Marsh v Alambana,326 U.S. 501, 506, 66 S.Ct. 276, 278 (1946).

    Possession is the de facto exercise of a claim; ownership is the de jure recognition of one. A thing is owned by me when my claim to it is maintained by the will of the state as expressed in the law; it is possessed by me, when my claim to it is maintained by my own self-assertive will. Ownership is the guarantee of the law; possession is the guarantee of the facts. It is well to have both forms if possible; and indeed they normally co-exist." John Salmond, Jurisprudence 31 (Glanville L Willimams ed., 10th Ed. 1947).

POSSESSION (14c) 1. The fact of having or olding property in one's power; the exercise of dominion over property. 2. the right under which one may exercise control over something to the exclusion of all others; the continuing exercise of a claim to the exclusive use of a material object. 3. Civil law. The detention or use of a phyiscal thing with the intent to hold it as one's own. La. Civ.Code Art. 3421(1). 4 (usu. pl.) Something that a person owns or controls; PROPERTY (2). Cf. OWNERSHIP; TITLE (1). 5. A teritorial dominino of a state or country.

    As the name of Possession is ... one of the most important in our books, so it is one of the most ambiguous. Its legal senses (for they are several) overlap the popular sense, and even the popular sense includes the assumption of matters of fact which are not always easy to verify. In common speech a man is said to possess or to be in possession of anything of which he has the apparent control, or from the use of which he has the apparent power of excluding others. . . Any of the usual outward marks of ownership may suffice, in the absence of manifest power in some one else, to denote as having possession the person to whom they attach. Law takes this popular conception as a provisional groundwork, and builds up on it the notion of possession in a technical sense, as a definite legal relation to something capable of having an owner, which relation is distinct and separable both from real and from apparent ownership, though often concurrent with one or both of them." Frederick Pollock & Robert Samuel Wright, An Essay on Possession in the Common Law 1-2 (1888).

    "In the whole range of legal theory there is no conception more difficult than that of possession. The Roman lawyers brought their usual acumen to the analysis of it, and since their day the problem has formed the subject of a voluminous literature, while it still continues to tax the ingenuity of jurists. Nor is the question one of mere curiosity or scientific interest, for its practical importance is not less than difficulty. The legal consequnces which flow from the acquisition and loss of possession are many and serious. Possession, for example, is evidence of ownership; the possessor of a thing is presumed to be the owner of it, and may put all other claimants to proof of their title." John Salmond,Jurispurdence 285 (Glanville L. Williams ed., 10th ed., 1947)

CIVIL POSSESSION (17c) 1. Civil Law. Possession existing by virtue of a person's intent to own property even though the person no longer occupies or has physical control of it.

SCRAMBLING POSSESSION (1823) 1. A wrongful possession that the rightful possessor has not appeared to tolerate. CF. peaceable possession. 2. Possession that is uncertain vecause it is in dispute. * With scrambling possession, the dispute is over who actually has possession - not over whether a party's possession is lawful.

NULLITY OF MARRIAGE (16c) The invalidity of a presumed or supposed marriage because it is void on its face or has been voiced by a court order.

nullius filius[Latin "son of no one"] (16c) An illegitimate child.

jus haereditatis [Latin] (17c) Civil Law. The right of inheritance.

jus habendi [Latin] (17c) Civil Law. The right to have a thing; the right to be put in actual possession of property.

jus gladii [Latin] (16c) Roman Law. The executory power of the law, esp. for provincial governors; the power or right to inflict the death penalty. * this term took on similar meaning under English law. - Also termed potestas gladii

    "And the prosecution of these offences is always at the suit iand in the name of the king, in whom, by the texture of our constitution, the just gladii, or executory power of the law, entirely resides." 4 William Blackstone, Commentaries on the Laws of England 177 (1765).

DOMINION (14c) 1. Control; possession. 2. Sovereignty. 3. FOREIGN DOMINION.

dominium directum n. [Law Latin] (18c) 1. Civil Law. Legal, not equitable, ownership; specif., the nominal right of ownership retained by one who has granted to another an exclusive right of enjoyment over a thing. 2. Feudal law. the right of the superior of land over a tenant.

dominium utile n. [Law Latin] (17c) 1. Civil Law. Equitable ownership; a beneficial right to use property; the right of a tenant to use the soil and its profis.

dominium directum et utile n. [Law Latin] (17c) Civil Law. Complete ownership of property, including both title and exclusive use.

dominium plenum n. [Law Latin] (17c) Civil Law. Full ownership combining dominium directum and dominium utile. - Also termed plenum dominium.

dominus navis [Latin] (17c) Civil Law. The absolute ower of a shipping vessel.

jus ad rem n. [Law Latin "right to a thing"] (17c) A right in specific property arising form another person's duty and valid only against that person; an inchoat or incomplete right to a thing. Cf JUS IN RE.

jus in re n. [Law Latin "right in or over a thing"] (17c) A right in proeprty valid against anyone in the world; a complete and perfect right to a thing. - Also termed just in rem; jura in rem. Cf. JUS AD REM.

jus ad bellum [Latin "right to war"] (1916) Criteria to be considered before deciding whether engaging ina war is just.

jus ex bello [Latin] The justice of ending war.

jus nobilius [Law Latin] (17c) Hist. A superior right.

jus non scriptum See unwritten law under LAW.

unwritten law (16c) A rule, custom, or practice that has not been enacted in the form oth a statute or ordiance. * The term traditionally includes caselaw. Hence there certainly is a written memorial of the "unwritten law." The phrase simply denotes that this law does not originate in a writing such as a statute. -- Also termed jus non scriptum; jus ex non scriptop; lex non scripta; jus moribus constitutum; unenacted law. See CASELAW. Cf. written law.

    "[T]he very words of the court promulgating the opinion and making the decision do not determine absolutely the rule of law but . . . the rule of law is ascertained by discovering what general proposition was essential to the result reached, and by using the words of the opinion as a mere aid in the ascertaining of that rule, so that, although opinions are written, the authoritative rules derived from them are sometimes not written, but are ascertained by the use of reason, causing case lw to be classed as unwritten law -- lex non scripta, to use the Latin phrase." William M. Lile et al., Brief Making and the Use of Law Books 335 (Roger W. Cooley & Charles Lesley Ames Eds., 3d ed. 1914).
    "In the common law it is not too much to say that the judges are always ready to look behind the words of a precedent to what the previous court was trying to say, or to what it would have said if it could have foreseen the nature of the cases that were later to arise, or if its perception of the relevant factors in the case before it had been more acute. There is, then, a real sense in which the written words of the reported decisions are merely the gateway to something lying behind them that may be called, without any excess of poetic license, 'unwritten law.'" Lon L. fuller, Anatomy of the Law 145 (1968).

jus neccessitatis n. [Latin] (1838) A person's right to do what is required for which no threat of legal punishment is a dissuasion. * This idea implicates th prover that necessity knows no law (necessitas non habet legem), so that an act that would be objectively understood as necessary is not wrongful even if done with a full and deliberate intention.

jus recuperandi, n. [Latin] (17c) Civil law. The right of recovering, esp. lands.

jus regale, Scots law. A royal right; a sovereign's right.

jus incorporale, n. [Latin] (17c) Hist. An incorporeal right. see INCORPOREAL.

jus in bello [Latin "law in waging war"] (1916) The criteria for determining whether the conduct of an ongoing war is just. See BELLUM JUSTUM; JUS BELLI. Cf. JUS AD BELLUM.

jus personarum, n. [Latin "law of persons"] (17c) Civil law. The law governing the rights of persons having special relations with one another (such as parents and children or guardians and wards) or having limited rights (such as aliens or incompetent persons). See LAW OF PERSONS. Cf. JUS RERUM.

TACIT, adj. (17c) 1. Implied but not actually expressed; implied by silence or silent acquiescence. 2. Civil law. Arising by operation of law; constructive. La. Civ. Code art. 3506(30).

TACIT ACCEPTANCE. (1816) Civil law. 1. An acceptance of an offer indicated by circumstances or operation of law rather than express words. La. Civ. Code art. 1927.2. An acceptance of an inheritance, indicated by the heir;s doing some act that shows an intent to accpet it and that the heir would have no right to do expect in that capacity.

TACIT-ADMISSION DOCTRINE. (1966) The principle that silence in the face of accusatory remarks implies an admission of the accusation. * A major excemption to this principle is that a criminal defendant's silence while in custody does not constitute an adoptive admission, regardless of what the interrogators say to the defendant. See implied admission under ADMISSION (1).


Copyright © 2022 - SHADOWDANCERS L.L.C.