housebreaking. The crime of breaking into a dwelling or other secured building, with the intent to commit a felony inside; BURGLARY. • Burglary is now used more frequently than housebreaking. In England, for example, housebreaking was replaced in 1968 with statutory burglary, though the term is still used in Scots law. In some jurisdictions, housebreaking […]
An instrument that indicates who is to serve as a trustee but fails to identify either the beneficiary or the terms of the trust, or both. • Traditionally, this trust was deemed to fail for want of an ascertainable beneficiary. But the modern view is to provide the same relief as that given for a
assent, n. Agreement, approval, or permission; esp., verbal or nonverbal conduct reasonably interpreted as wil-lingness. See CONSENT. — assent, vb. “The requirement of ‘assent,’ which is fundamental to the formation of a binding contract, implies in a general way that both parties to an exchange shall have a reasonably clear conception of what they are
adverse possession. 1. The use or enjoyment of real property with a claim of right when that use or enjoyment is continuous, exclusive, hostile, open, and notorious. • In Louisiana, it is the detention or enjoyment of a corporeal thing with the intent to hold it as one’s own. La. Civ. Code art. 3421. —
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tacit relocation. The implied or constructive renewal of a lease, usu. on a year-to-year basis, when the landlord and tenant have failed to indicate their intention to have the lease terminated at the end of the original term. [Cases: Landlord and Tenant 115(1).]
A trust created with the settlor’s express intent, usu. declared in writing; an ordinary trust as opposed to a resulting trust or a constructive trust. — Also termed direct trust; declared trust. [Cases: Trusts 1–61.5. C.J.S. Conflict of Laws §§ 73, 85; Trover and Conversion §§ 1–9, 14–127, 143.]
knowledge n. (1)(古)性交(=carnal knowledge) (2)知道；明知 即对于某一事实或情况的认识。反义词为不知〔ignorance〕。知道包括实际知道〔actual knowledge〕与推定知道〔constructive knowledge〕两种。在法律上承担某种法律责任通常要求「明知」这一事实，如对于某一事物引起的损害承担赔偿责任要求对于该事物包括某些危险性因素的明知；在刑法中，对于某一行为是犯罪的明知，通常是定罪所必需的。这里还应注意区别几个相关的概念。如明知〔knowledge〕与故意〔intent〕，两者有时并非一致，前者是基于认识，而后者是基于目的而言；知道〔knowledge〕与相信〔belief〕，后者所涉及的范围较前者更为宽泛，包括从最轻微的怀疑〔the slightest suspicion〕到最完全的确信〔the fullest assurance〕。 (→notice; actual knowledge; guilty knowledge; actual notice)
desertion, n. The willful and unjustified abandonment of a person’s duties or obligations, esp. to military service or to a spouse or family. • In family law, the five elements of spousal desertion are (1) a cessation of cohabitation, (2) the lapse of a statutory period, (3) an intention to abandon, (4) a lack of
occupancy. 1. The act, state, or condition of holding, possessing, or residing in or on something; actual possession, residence, or tenancy, esp. of a dwelling or land. • In this sense, the term denotes whatever acts are done on the land to manifest a claim of exclusive control and to indicate to the public that