marriage article
marriage article. A premarital stipulation between spouses who intend to incorporate the stipulation in a postnuptial agreement. [Cases: Husband and Wife 29.]
marriage article. A premarital stipulation between spouses who intend to incorporate the stipulation in a postnuptial agreement. [Cases: Husband and Wife 29.]
prender de baron (pren-d[schwa]r d[schwa] bar-[schwa]n). [Law French “a taking of husband”] Hist. A plea asserting that the former wife of a murder victim should not be allowed to appeal a murder case against the alleged killer because she has since remarried.
assignment-of-income doctrine. Family law. The common-law principle that the person who has earned income is the person taxed on it, regardless of who receives the proceeds. • Under this doctrine, future income assigned to another is taxable to the assignor. For example, in Lucas v. Earl, 281 U.S. 111, 50 S.Ct. 241 (1930), the Court
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jure (joor-ee), adv. [Latin] 1. By right; in right. 2. By law. See DE JURE. jure accessionis (joor-ee ak-sesh-ee-oh-nis). By the law of natural accession. • For example, the fruits of trees on one’s land are one’s property jure accessionis. jure accretionis ([schwa]-kree-shee-oh-nis). By right of accretion. jure belli (bel-I). By the right or law
dominus omnium bonorum (dom-[schwa]-n[schwa]s ahm-nee-[schwa]m b[ schwa]-nor-[schwa]m). [Law Latin] Hist. Proprietor of all movable goods. • The phrase formerly described a husband who owned goods in common with his wife.
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Hist. A husband’s lawsuit against one who has taken away, imprisoned, or physically harmed his wife in circumstances in which (1) the act is wrongful to the wife, and (2) the husband is deprived of her society or services. [Cases: Husband and Wife 209(3).]
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A trust arrangement between two parties in which one party is beneficiary of a trust established by the other party, and vice versa. • Such trusts are common between husband and wife.
Archaic. A tort action for adultery, brought by a husband against a third party who en-gaged in sexual intercourse with his wife. • Criminal conversation has been abolished in most jurisdictions. — Abbr. crim. con. See HEARTBALM STATUTE. [Cases: Husband and Wife 340–354.]
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adhere, vb. 1. (Of one house in a bicameral legislature) to reject the other house’s insistence on a difference in legislation that has passed both houses, without requesting a conference. Cf. INSIST ON. “When both houses have insisted [on differing views about an amendment] without a request for conference, it is also in order to
A husband’s sexual intercourse with his wife by force or without her consent. • Marital rape was not a crime at common law, but under modern statutes the marital exemption no longer applies, and in most jurisdictions a husband can be prosecuted for raping his wife. — Also termed spousal rape. [Cases: Rape 4. C.J.S.