LAW DICTIONARY. Definitions of the Terms and Phrases of. American and English Jurisprudence,. Ancient and Modern. By. HENRY CAMPBELL BLACK, M. A. This dictionary has been written by a distinguished team of academic and practising lawyers. It is intended primarily for those without a qualification in law who. The Dictionary includes both civil and criminal terminotogy and utilizes New York State Environmental Conservation Law definitions whenever possible.
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ARDS, NAAJA & AIS. 1. The Plain English Legal Dictionary. Northern Territory Criminal Law. A resource for Judicial Officers,. Aboriginal Interpreters and. Author of Database Development For Dummies,. SQL All-in-One For Dummies, and may download SQL For Dummies, 8th. Black's Law Dictionary (8th ed. ),. Page 2. 2. A. a (usu. cap. & often ital.) A hypothetical person [Latin] From; by; in; on; of; at.
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Written in concise English, without the unnecessary use of legal jargon, the book will also be of considerable value to members ofthe public who come into contact with the law and lawyers - house downloaders, motorists, and hire downloadrs are among those who cannot escape the effects of legislation or the unique prose style in which it is usually expressed.
In the five years since the last edition of the dictionary was published there have been radical changes in the English legal system, most notably in the areas of civil procedure resulting from the Access to Justice Act and the Civil Procedure Rules - the socalled 'Woolf Reforms' and human rights law brought about by the Human Rights Act The new edition reflects these and many other changes.
If any provisions of new legislation were not in force at the time of publication, the entries to which they apply will indicate the direction ofthe proposed changes. Some entries simply refer the reader to another entry, indicating either that they are synonyms or abbreviations or that they are most conveniently explained, together with related terms, in one of the dictionary's longer articles.
The use of the pronoun 'he' rather than 'he or she' in entries has been adopted to simplify the construction of sentences; it does not imply that the subject matter relates exclusively to males. Simpson BA axon Solicitor E. Feltham BA Melb.
The act of giving up a legal right, particularly a right of ownership of property. Property that has been abandoned is res nullius a thing belonging to no one , and a person taking possession of it therefore acquires a lawful title. An item is regarded as abandoned when it can be established that the original owner has discarded it and is indifferent as to what becomes of it: such an item cannot be the subject of a theft charge.
However, property placed by its owner in a dustbin is not abandoned, having been placed there for the purpose of being collected as refuse.
The insured person must do this by giving the insurer within a reasonable time a notice of abandonment, by which he relinquishes all his rights to the ship or cargo to the insurer and can treat the loss as if it were an actual total loss. In civil litigation, the relinquishing of the whole or part of the claim made in an action or of an appeal.
The offence of a parent or guardian leaving a child under the age of 16 to its fate.
Black's Law Dictionary - Editions 1-9
A child is not regarded as abandoned if the parent knows and approves steps someone else is taking to look after it. The court may allow a child to be adopted without the consent of its parents if they are guilty of abandonment. The Administration of Estates Act provides that general legacies, unless given to satisfy a debt or for other consideration, abate in proportion to the amounts of those legacies; specific and demonstrative legacies then abate if the estate is still insufficient to pay all debts, and a demonstrative legacy also abates if the specified fund is insufficient to cover it.
When annuities are given by the will, the general rule is that they are valued at the date of the testator's death, then abate proportionately in accordance with that valuation, and each annuitant receives the abated sum. All these rules are subject to any contrary intention being expressed in the will. For example a lease may provide for an abatement of rent in certain circumstances, e. A person injured by a nuisance has a right to abate it.
In doing so, he must not do more damage than is necessary and, if removal of the nuisance requires entry on to the property from which it emanates, he may have to give notice to the wrongdoer.
A local authority can issue an abatement notice to control statutory nuisances. An abatement did not prevent either of the parties from bringing fresh proceedings in respect of the same cause of action.
Pleas in abatement have been abolished; in modern practice any change of interest or status of the parties does not affect the validity of the proceedings, provided that the cause of action survives.
Under the Defamation Act , the defence is also available for those reporting proceedings of the European Court of Justice.More and more states are changing their laws to eliminate consideration as a prerequisite to a valid contract thus contributing to the uniformity of law. For example, if you go and see a lawyer because, after a medical emergency, your health insurance company refuses to pay your medical bills in violation of their policy, the law firm might say: "no money down.
If a rule of law cannot be found in written laws, lawyers will often say that it is a rule to be found in "case law". Officer of a corporation responsible for the official documents of the corporation such as the official seal, records of shares issued, and minutes of all board or committee meetings. See also malicious prosecution. It is intended primarily for those without a qualification in law who nevertheless require some legallmowledge in the course of their work: chartered surveyors and accountants, civil servants and local-government officers, social workers and probation officers, as well as businessmen and legal secretaries are typical examples of those whose work often calls for a knowledge of the precise meaning and spelling of a legal term.
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