moot case
moot case. A matter in which a controversy no longer exists; a case that presents only an abstract question that does not arise from existing facts or rights.
Search Results for: TROVER
do dico addico
do, dico, addico (doh, dI-koh, [schwa]-dI-koh ordik-oh, [schwa]-dik-oh). [Latin] I give, I say, I adjudge. • These formal words were spoken by the Roman praetor in the exercise of his jurisdiction on certain days, such as dies fasti. They could not be officially spoken on dies nefasti. Do refers to the granting of actions, exceptions,
purchase money resulting trust
A resulting trust that arises when one person buys property but directs the seller to transfer the property and its title to another. • Although a purchase-money resulting trust is properly understood as a court-imposed equitable remedy rather than as a true trust, the buyer is occasionally referred to as the “beneficiary” and the titleholder
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court of augmentations
Court of Augmentations. Hist. A court established in 1536 by Henry VIII to determine controversies arising from the royal policy of taking over property owned by monasteries. • The court was merged into the Court of Ex-chequer in 1554.
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express private passive trust
A trust in which land is conveyed to or held by one person in trust for another, without any power being expressly or impliedly given to the trustee to take actual possession of the land or exercise any ownership rights over it, except at the beneficiary’s direction. [Cases: Trusts 136. C.J.S. Trover and Conversion §§
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fifty decisions
Fifty Decisions. Justinian’s rulings that settled controversies and eliminated obsolete rules in the law. • The decisions were made in preparation for Justinian’s Digest. — Also termed (in Latin) Quinquaginta Decisiones. 50 PERCENT PLUS ONE 50 percent plus one. See HALF PLUS ONE. 50-PERCENT RULE 50-percent rule. The principle that liability for negligence is apportioned
public figure
public figure. A person who has achieved fame or notoriety or who has voluntarily become involved in a public controversy. • A public figure (or public official) suing for defamation must prove that the defendant acted with actual malice. New York Times Co. v. Sullivan, 376 U.S. 254, 84 S.Ct. 710 (1964). — Also termed
conversion by detention
Conversion by detaining property in a way that is adverse to the owner or other lawful possessor. • The mere possession of property without title is not conversion. The defendant must have shown an intention to keep it in defiance of the owner or lawful possessor. [Cases: Trover and Conversion 6. C.J.S. Trover and Conversion
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physical facts rule
physical-facts rule. Evidence. The principle that oral testimony may be disregarded when it is inconsistent or irreconcilable with the physical evidence in the case. — Also termed doctrine of incontrovertible physical facts; incontrovertible-physical-facts doctrine. [Cases: Criminal Law 553; Evidence 588. C.J.S. Criminal Law §§ 1099, 1101–1102; Evidence §§ 1318–1320, 1322, 1329.]
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interstate law
interstate law. 1. INTERNATIONAL LAW. 2. The rules and principles used to determine controversies between residents of different states.