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rule of recognition

In the legal theory of H.L.A. Hart, a legal system’s fundamental rule, by which all other rules are identified and understood. • In The Concept of Law (1961), Hart contends that a society’s legal system is centered on rules. There are primary rules of obligation, which prescribe how a person should act in society, and

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decreta

decreta (di-kree-t[schwa]), n. [Latin “decisions”] Roman law. Judgments of magistrates; esp., sentences pronounced by the emperor as the supreme judge. See DECRETUM. “Decreta. In Roman law decisions of magistrates given after investigation of a case by cognitio… and in particular, decisions of the emperor as judge of first instance after trial by cognitio, or as

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cestui que trust

cestui que trust (set-ee [orses-twee] kee [or k[schwa]] tr[schwa]st). [Law French] Archaic. One who possesses equitable rights in property, usu. receiving the rents, issues, and profits from it; BENEFICIARY. — Also termed fide-commissary; fidei-commissarius. Pl. cestuis que trust or (erroneously) cestuis que trustent.[Cases: Trusts 139. C.J.S. Trover and Conversion § 251.] “[A]n alternative name for

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pass

pass, vb. 1. To pronounce or render an opinion, ruling, sentence, or judgment ( the court refused to pass on the constitutional issue, deciding the case instead on procedural grounds). 2. To transfer or be transferred (the woman’s will passes title to the house to her nephew, much to her husband’s surprise) (title passed when

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