Contents
Mortgage
Introduction to Mortgage
Mortgage, legal instrument that pledges a house or other real estate as security for repayment of a loan. By providing a guarantee that the loan will be paid back, a mortgage enables a person to buy property without having the funds to pay for it outright. If the borrower fails to repay the loan, the lender may foreclose on the property-that is, force the sale of the house to recover the amount of the loan (see Foreclosure).
The mortgage lending process has two instruments, a note and a mortgage. The note specifies the financial terms of a loan agreement. The mortgage contains a legal description of the property and a statement that pledges the property as security for the loan. However, the word mortgage commonly refers to both parts of the loan agreement as a whole.” (1)
Mortgage, Bishop, Debts
From the book The Clergyman’s Hand-book of Law, about Mortgage, Bishop, Debts (2): The archbishop of a church to which property is bequeathed, can not mortgage it without authority from the church or under the law.470Also, the bishop of a diocese to whom land had been conveyed in trust for a particular congregation, could not execute a valid mortgage thereon to secure his own indebtedness.471 But a religious society in the absence of prohibitionary legislation, has power to mortgage its property to secure its debts.
Exempt, Execution, Mortgage
From the book The Clergyman’s Hand-book of Law, about Exempt, Execution, Mortgage (3): The statutes in most of the States exempt the tombstones and lots in a cemetery from sale on execution.769 Also, a cemetery lot can not be sold under mortgage after bodies have been buried therein, as any one may be arrested for desecration of graves.
The Legal History of Mortgage
This section provides an overview of Mortgage history.
Mortgage Profession
Importance of anti-money laundering in the mortgage profession
Besides the importance of anti-money laundering in the mortgage profession, see additional information on money laundering here.
Resources
See Also
- Finance
- Consumer Credit
- Negotiable Instrument
- Securities
- Financial Regulation
- Corporate Finance
Resources
Notes and References
- Information about Mortgage in the Encarta Online Encyclopedia
- Charles M. Scanlan, The Clergyman’s Hand-book of Law. The Law of Church and Grave (1909), Benziger Brothers, New York, Cincinnati, Chicago
See Also
- Religion
- Church
- Legal Biography
- Legal Traditions
- Historical Laws
- History of Law
Further Reading
- Mortgage in the Oxford International Encyclopedia of Legal History (Oxford University Press)
- The Oxford Encyclopedia of American Political and Legal History (Oxford University Press)
- Mortgage in the Dictionary of Concepts in History, by Harry Ritter
- A Short History of Western Legal Theory, by John Kelly
Hierarchical Display of Mortgage
Law > Civil law > Civil law > Contract
Finance > Financial institutions and credit > Credit > Borrowing
Law > Justice > Ruling > Enforcement of ruling > Seizure of goods
Finance > Financial institutions and credit > Credit policy > Credit guarantee
Mortgage
Concept of Mortgage
See the dictionary definition of Mortgage.
Characteristics of Mortgage
Resources
Translation of Mortgage
- Spanish: Hipoteca
- French: Hypothèque
- German: Hypothek
- Italian: Ipoteca
- Portuguese: Hipoteca
- Polish: Hipoteka
Thesaurus of Mortgage
Law > Civil law > Civil law > Contract > Mortgage
Finance > Financial institutions and credit > Credit > Borrowing > Mortgage
Law > Justice > Ruling > Enforcement of ruling > Seizure of goods > Mortgage
Finance > Financial institutions and credit > Credit policy > Credit guarantee > Mortgage
See also
Related Entries of the International Encyclopedia:
- Deficiency Judgment Mortgage, Deficiency Judgment From the book The Clergyman's Hand-book of Law, about Mortgage, Deficiency Judgment (1): Where a mortgage had been foreclosed against church property before the congregation was incorporated, a deficiency judgment can not be rendered against such church [...]...
- Real Estate Charter, Real Estate From the book The Clergyman's Hand-book of Law, about Charter, Real Estate (1): The trustees of a religious, literary, or other benevolent society, can not, irrespective of the powers granted by its charter, purchase and hold real estate under trusts of their own [...]...
- Improvements From the book The Clergyman's Hand-book of Law, about Improvements (1): The owner of a lot, unless some rule of the cemetery association or law of the State is to the contrary, may improve it as he sees fit so long as he does not injure the property rights of another.787 Resources Notes [...]...
- Fence Monument, Fence From the book The Clergyman's Hand-book of Law, about Monument, Fence (1): Giving the right to bury in one's cemetery lot carries with it the right to erect a monument; but it does not carry with it the right to fence the cemetery lot or interfere with other graves [...]...
- Trees Trees, Authority From the book The Clergyman's Hand-book of Law, about Trees, Authority (1): It is a criminal offense to cut trees in a cemetery without right or authority.828 Resources Notes and References Charles M. Scanlan, The Clergyman's Hand-book of Law. The Law of Church [...]...
- Creditors Debts, Creditors From the book The Clergyman's Hand-book of Law, about Debts, Creditors (1): A committee of a religious society authorized to sell lands to raise money to pay its general debts, is not authorized to execute a mortgage for the purpose of securing various creditors holding [...]...
- Inherits Inherits, Right From the book The Clergyman's Hand-book of Law, about Inherits, Right (1): Where a son inherits from his father the right to burial in a cemetery lot, he has the right to remove and inter therein the bodies of his grandmother and sister who had been buried elsewhere.776 [...]...
- Burial Faith, Burial From the book The Clergyman's Hand-book of Law, about Faith, Burial (1): Whether a person died in the faith of the Roman Catholic Church so as to be entitled to burial in its cemetery, is not a question within the jurisdiction of civil courts, but must be decided by the [...]...
- Church Salaries Church, Bishop, Debts, Salary of a Priest From the book The Clergyman's Hand-book of Law, about Church, Bishop, Debts, Salary of a Priest (1): Where a church is not itself liable because it is not incorporated, the Roman Catholic bishop of the diocese is not personally liable for moneys [...]...
- Vacate State, Vacate, Equity, Rule From the book The Clergyman's Hand-book of Law, about State, Vacate, Equity, Rule (1): The State may require the removal of the bodies and vacate a cemetery without compensation to lot owners in some extraordinary cases of eminent domain or as a health measure [...]...
- Harmony Title, Harmony, Division From the book The Clergyman's Hand-book of Law, about Title, Harmony, Division (1): The title to church property in a divided congregation is in that part of the congregation which acts in harmony with the law of the denomination; and the ecclesiastical laws and [...]...
- Undue Influence The Legal History of Undue Influence in Medieval and Post-Medieval Roman LawThis section provides an overview of Undue Influence in Medieval and Post-Medieval Roman Law ResourcesSee AlsoLegal Biography Legal Traditions Historical Laws History of Law Further Reading Undue Influence in Medieval [...]...
- Purposes Purposes, Exempt From the book The Clergyman's Hand-book of Law, about Purposes, Exempt (1): Only church property that is actually used for church or charitable purposes, is exempt from taxation. Property held for its increase or profit is not exempt.587 Land bought for a church on which [...]...
- Consent Consent, giving assent or approval. Consent implies a reasoned response to a proposal and is necessary to any type of agreement. Submission to the will of another where further protest or discussion is useless, such as in the case of threats, force, or violence, does not constitute consent. [...]...
- Church Property In relation to religious matters, find out about Church Property and the following issues in this world legal Encyclopedia: Unincorporated, Trustee Charter, By-Laws Suits, Corporation, Members Deed, Court, Title Subscription, Lots Misnomer, Identity Adverse Possession, Color of Title ...
- Control Mother Church, Control From the book The Clergyman's Hand-book of Law, about Mother Church, Control (1): A majority of the members of a congregation can not by their vote leave the church and transfer the property of the congregation to another church so long as any portion of the [...]...
- Right of Property Right of Property, Civil Rights From the book The Clergyman's Hand-book of Law, about Right of Property, Civil Rights (1): Where there are several church tribunals one above another, when the highest tribunal having jurisdiction of the case has decided a question as to the right of [...]...
- Supporting Church Supporting Church, Mississippi From the book The Clergyman's Hand-book of Law, about Supporting Church, Mississippi (1): In the early ages of the States several of them had laws for taxing all the property in parishes laid out by the State for the support of Protestant churches. Gradually [...]...
- Unincorporated Church Unincorporated Church, Incorporated From the book The Clergyman's Hand-book of Law, about Unincorporated Church, Incorporated (1): The officers of an unincorporated church can only be elected by the members of the church, unless there is some law of the State or rule of the church that [...]...
- Bishop Protestant, Ministers, Bishop From the book The Clergyman's Hand-book of Law, about Protestant, Ministers, Bishop (1): In most church organizations the authority is divided into superior and inferior. In countries where there is an established Protestant church, the superior authority is [...]...
- Sale The Legal History of SaleThis section provides an overview of Sale ResourcesSee AlsoLegal Biography Legal Traditions Historical Laws History of Law Further Reading Sale in the Oxford International Encyclopedia of Legal History (Oxford University Press) The Oxford Encyclopedia of American [...]...
- Right to Occupy Pew, Right to Occupy, Conditions From the book The Clergyman's Hand-book of Law, about Pew, Right to Occupy, Conditions (1): A grant of a church pew in perpetuity does not give the owner an absolute right of property as a grant of land in fee; but gives only a right to sit therein, [...]...
- Undertaker Sexton, Undertaker, Authorities From the book The Clergyman's Hand-book of Law, about Sexton, Undertaker, Authorities (1): The sexton who has charge of the church property may lawfully remove from the church an undertaker who, after being warned to desist and leave, persists in conducting [...]...
- Church Tribunal Church Tribunal, Courts From the book The Clergyman's Hand-book of Law, about Church Tribunal, Courts (1): Courts are reluctant to interfere in the church doctrine or discipline or inquire into the regularity of the proceedings of the church tribunal. When such tribunal has deposed a [...]...
- Lot Isolated Lot Isolated, Not Exempt From the book The Clergyman's Hand-book of Law, about Lot Isolated, Not Exempt (1): A lot isolated from the other property of the church of a congregation, is not exempt because the congregation intends to build a church thereon in the future, and actually did [...]...
- Officers Officers, Discipline, Property From the book The Clergyman's Hand-book of Law, about Officers, Discipline, Property (1): When a church society incorporates it becomes a private corporation, and the officers are bound to manage the property in the most upright and careful manner according [...]...
- Donation The Legal History of Donation (Gift) This section provides an overview of Donation (Gift) Donation, Hostile, Religion From the book The Clergyman's Hand-book of Law, about Donation, Hostile, Religion (1): On the other hand the United States Supreme Court declared the legal right of donees [...]...
- Hereditament Incorporeal Hereditament From the book The Clergyman's Hand-book of Law, about Incorporeal Hereditament (1): The English title in a pew is in the nature of a right of way through another's land; it is an incorporeal hereditament. In the absence of express law, the title to pews in [...]...
- Subsequent Constitution, Subsequent Laws From the book The Clergyman's Hand-book of Law, about Constitution, Subsequent Laws (1): An ecclesiastical society formed before the adoption of the state constitution is not by that constitution and subsequent laws concerning religious societies divested of [...]...
- Legal Notice Notice, Legal From the book The Clergyman's Hand-book of Law, about Notice, Legal (1): All the proceedings of a corporation, including notice, must be in accordance with the constitution and by-laws, and no business transacted contrary thereto is legal.129 Resources Notes and References [...]...
- Board Control Board, Control From the book The Clergyman's Hand-book of Law, about Board, Control (1): When the laws of the organization give control of matters to the board of trustees, the majority of the members of the church can not control the action of the trustees contrary to the usages and [...]...
- Corporators Corporators, Change From the book The Clergyman's Hand-book of Law, about Corporators, Change (1): In isolated cases here and there it has been held that a majority of the corporators of a religious society has the right to change the form of church government, as from the Congregational [...]...
- Independent Society, Foreign Language, Independent From the book The Clergyman's Hand-book of Law, about Society, Foreign Language, Independent (1): The formation of a society distinct from the rest of the congregation for the purpose of instruction in a portion of the doctrine of the same church in [...]...
- Name Change Name, Change From the book The Clergyman's Hand-book of Law, about Name, Change (1): The name of an ecclesiastical corporation is arbitrary and a change or alteration in its name does not affect its identity.126 A charter will not be granted to a church with a name so like another church [...]...
- Pew Members Members, Pew From the book The Clergyman's Hand-book of Law, about Members, Pew (1): Members of the congregation may be required to pay for a pew or sitting in the church, and where a priest ejected a member from the church because he would not rent a pew, he was sustained by the [...]...
- Seceder Seceders, Funds From the book The Clergyman's Hand-book of Law, about Seceders, Funds (1): Nor can seceders from a religious denomination retain the funds in their hands as trustees on the ground that they were members of the society when the funds accrued.222 The title to church property [...]...
- Unincorporation Unincorporated, Trustee From the book The Clergyman's Hand-book of Law, about Unincorporated, Trustee (1): The question whether an unincorporated religious society may take a gift or devise, is determined by the law of domicile.458 Generally an unincorporated religious association can not [...]...
- Arrears Voting, Pew-Rent, Arrears From the book The Clergyman's Hand-book of Law, about Voting, Pew-Rent, Arrears (1): Where a church is incorporated and by its charter or the laws of the State it has authority to make reasonable by-laws, a by-law which prohibits any person from voting whose [...]...
- Factions Factions, Authority From the book The Clergyman's Hand-book of Law, about Factions, Authority (1): Where two factions of a church, each claiming to be the church, try members of the other faction, a court may determine which of the factions is the authorized authority or that the action [...]...
- Standard Doctrine, Standard From the book The Clergyman's Hand-book of Law, about Doctrine, Standard (1): To ascertain the tenets and doctrines of a church, resort must be had to history and to prior and contemporary standard writings of its members on theology.31 Resources Notes and References [...]...
- Y M C A From the book The Clergyman's Hand-book of Law, about Y M C A (1): The Y. M. C. A. on account of giving lunches, lectures, and having a gymnasium, for which charges are made, is not a charitable institution so as to be exempt from liability in case of negligence. Property is exempt only [...]...
- Executors Property in a Corpse, Mummy, Executors From the book The Clergyman's Hand-book of Law, about Property in a Corpse, Mummy, Executors (1): The question of property in a corpse has been generally denied. However, in case of a mummy which has become an object of curiosity, the case may be [...]...
- Restrictions In the United States For information about Restrictions in the context of international trade, click here...
- Special Damages Business or Property, Special Damages From the book The Clergyman's Hand-book of Law, about Business or Property, Special Damages (1): A company incorporated for the purpose of transacting business which would include hospitals, schools, and industrial institutions, may maintain an action [...]...
- Free Church Free Church, Seats, Lease From the book The Clergyman's Hand-book of Law, about Free Church, Seats, Lease (1): The trustees of a free church may assign seats and forcibly remove one from a seat without authority.454 Where a pew is real estate, a pewholder may acquire the right to it by [...]...
- Natural Justice Rome, Natural Justice From the book The Clergyman's Hand-book of Law, about Rome, Natural Justice (1): Prior to the introduction of Grecian law into Rome, the laws of that nation were pagan. Grecian law from its introduction to the time of Octavius was the civilizing element of the empire. [...]...
- Nuns Nuns, Vows, Property From the book The Clergyman's Hand-book of Law, about Nuns, Vows, Property (1): When joining a society of nuns, one of the vows taken was that all property should be held in common and whatever property was received after taking the vows should belong to the society. [...]...
- Official Communication Official Communication, Privileged From the book The Clergyman's Hand-book of Law, about Official Communication, Privileged (1): An official communication between authorities of the church or an authority and a member of the church concerning a church matter or church members and not made [...]...
- Proper Record From the book The Clergyman's Hand-book of Law, about Proper Record (1): A book kept by a minister, which contained a regular statement in proper form of the admission of members, choice of officers, and transaction of business of the church, which was the only book kept by the parish, is [...]...
- Sacraments From the book The Clergyman's Hand-book of Law, about Sacraments (1): To publish of a person that he has been deprived of the sacraments of the church to which he belongs, is libelous.692 Resources Notes and References Charles M. Scanlan, The Clergyman's Hand-book of Law. The Law [...]...
- Presumptions Presumptions, Usage From the book The Clergyman's Hand-book of Law, about Presumptions, Usage (1): The usage of a church or the laws of its organization as a religious society, if they are to be considered in deciding legal controversies, must be proved as facts.407 In the absence of [...]...
- Redress Bishop, Priest, Redress From the book The Clergyman's Hand-book of Law, about Bishop, Priest, Redress (1): When a bishop removes a priest in the regular way according to the rules and discipline of his church, the priest has no redress.358 Also, when a priest has submitted his case to the [...]...
- School Sunday-School, Church From the book The Clergyman's Hand-book of Law, about Sunday-School, Church (1): An ordinary Sunday-school where the Bible and religious precepts are taught, is a church within the law.707 Resources See Also Credit Union Cooperative Collective Resources Notes and [...]...
- Vested Rights Control, Secede, Vested Rights From the book The Clergyman's Hand-book of Law, about Control, Secede, Vested Rights (1): The officers of a church corporation have control of the business management for all civil purposes, excepting as otherwise provided by the articles of organization, [...]...
- Authority Authority, Right From the book The Clergyman's Hand-book of Law, about Authority, Right (1): In those nations where the ruling authority had the proper conception of the Almighty, there was a strong, persistent growth of law upon the basis of natural right; while in the pagan nations laws [...]...
- Doctrines Trust, Purposes, Doctrines From the book The Clergyman's Hand-book of Law, about Trust, Purposes, Doctrines (1): When a conveyance of a lot is made to certain persons of a religious society and their successors in trust for religious purposes, all the members become beneficiaries in equal [...]...
- Quarrel Methodist, Slaveholding, Non-Slaveholding, Quarrel, Schism, Secession From the book The Clergyman's Hand-book of Law, about Methodist, Slaveholding, Non-Slaveholding, Quarrel, Schism, Secession (1): The division of the Methodist church into distinct organizations of slaveholding and [...]...
- Mortgage Repaying Mortgage Repaying a MortgageIntroduction to Mortgage RepayingMortgage payments consist of two parts: payments for interest and for principal. Interest is the fee for using the lender's money. Principal is the amount of the loan still owed. A portion of each payment pays interes......
- Mortgage Getting Mortgage Getting a MortgageIntroduction to Mortgage GettingA borrower can obtain a mortgage from a bank, credit union, or other lender. Most lenders require the borrower to have a certain amount of money to use as a down payment toward the purchase of the house. For example, if an ......
- Mortgage Law Spanish Translation of mortgage lawThis is the legal translation of English to Spanish in relation to mortgage law and / or a definition of this topic: Derecho Hipotecario (in Spanish, without translation of the dictionary entry)....
- Mortgage-Backed Obligation (Mbo) Also called mortgage-backed security (MBS) Real Estate meaning of Mortgage-Backed Obligation (Mbo)In the words of the Encyclopedia of Real Estate Terms about Mortgage-Backed Obligation (Mbo): An investment instrument that represents an undivided ownership interest in a group of mortgages. A [...]...
- Mortgage-Backed Securities MBS (Mortgage-Backed Securities) in Financial Law Concept of MBS (Mortgage-Backed Securities) in this field: Securities issued by an SPE that owns a pool of mortgage loans...
- Mortgage Warehousing Agreements Mortgage Warehousing Agreements in relation with Real Estate Loans This content deals with legal and regulatory aspects of Mortgage Warehousing Agreements covered in connexion with Real Estate Loans and banking / lending Institutions....
- Mortgage Bonds Spanish Translation of mortgage bondsThis is the legal translation of English to Spanish in relation to mortgage bonds and / or a definition of this topic: Cédulas Hipotecarias (in Spanish, without translation of the dictionary entry)....
- Wraparound Mortgage Real Estate meaning of Wraparound Mortgage In the words of the Encyclopedia of Real Estate Terms about Wraparound Mortgage : A special form of second or junior mortgage granted against security of a property that is already mortgaged, whereby a new mortgagee assumes (that is, takes over) the [...]...
- Chattel Mortgage Spanish Translation of chattel mortgage This is the legal translation of English to Spanish in relation to chattel mortgage and / or a definition of this topic: Hipoteca Mobiliaria (in Spanish, without translation of the dictionary entry). Resources See Also Secured transaction Security [...]...
- Legal Mortgage Spanish Translation of legal mortgageThis is the legal translation of English to Spanish in relation to legal mortgage and / or a definition of this topic: Hipoteca Legal (in Spanish, without translation of the dictionary entry)....
- Open Mortgage Clause Resources See Also Union mortgage clause...
- Junior Mortgage Resources See Also Mortgage...
- Assumption of Mortgage Resources See Also Assumption...
- Commercial Mortgage-Backed Securities CMBS (Commercial Mortgage-Backed Securities) in Financial Law Concept of CMBS (Commercial Mortgage-Backed Securities) in this field: Securities issued by an SPE that owns a pool of large commercial mortgage loans....
- Assumption of Mortgage Or Trust Deed Description of Assumption of Mortgage or Trust Deed Resources See Also Mortgages...
- Adjustable-rate Mortgage Adjustable-rate Mortgage (arm) Resources See Also Mortgage...
- Single-family First Mortgage Loans Single-family First Mortgage Loans in relation with Real Estate Loans This content deals with legal and regulatory aspects of Single-family First Mortgage Loans covered in connexion with Real Estate Loans and banking / lending Institutions....
- Land Introduction to Land Land, in the law of real property, term including the surface of the earth, the land beneath the surface to the center of the earth, and the air above. The term also includes property permanently affixed to the soil, such as water collected in wells, houses, and fences. [...]...
- Mortmain The Legal History of MortmainThis section provides an overview of Mortmain ResourcesSee AlsoLegal Biography Legal Traditions Historical Laws History of Law Further Reading Mortmain in the Oxford International Encyclopedia of Legal History (Oxford University Press) The Oxford Encyclopedia of [...]...
- Money Control Money, Control From the book The Clergyman's Hand-book of Law, about Money, Control (1): Money raised by a Catholic congregation for the purpose of building a church does not come under the absolute control of the bishop or priest, although put into the hands of the latter for safe [...]...
- Monks Monks, Missions, Title From the book The Clergyman's Hand-book of Law, about Monks, Missions, Title (1): The fact that the monks or priests were at the head of the missions in California when it was acquired by the United States, does not prove that the Catholic Church had universal [...]...
- Mother-in-Law Tombstone, Mother-in-Law From the book The Clergyman's Hand-book of Law, about Tombstone, Mother-in-Law (1): A husband has the right to remove a tombstone that his mother-in-law put over his wife's grave, and put up one of his own choice instead.826 The general rule is that vaults and [...]...
- Evidence Introduction to Evidence Evidence, the means by which disputed facts are proved to be true or untrue in any trial before a court of law or an agency that functions like a court. Because American law is committed to a rational rather than a formalistic system of evidence, no value is assigned [...]...
- Negligence Kinds of Torts: Torts Based on Negligence Introduction to Negligence The most common torts result from negligence rather than intent. A broad variety of tort claims, such as personal injury claims based on automobile accidents, are based on a general theory of negligence. Other torts [...]...
- Territory Introduction to Territory Territory, name given in the United States to a partially self-governing section of the national domain that has not been granted statehood. The major U.S. territories are the District of Columbia on the mainland; American Samoa and Guam in the Pacific; and the Virgin [...]...
- Bankruptcy The Legal History of Bankruptcy This section provides an overview of Bankruptcy Bankruptcy-Remote (SPE) in Financial Law Concept of Bankruptcy-Remote (SPE) in this field: An SPE satisfying certain legal criteria, whose assets have been isolated from and are outside of the reach of the [...]...
- Marriage Disasters and the law Marriage, Sexual Behaviour and the Law Further Reading Marriage in the Encyclopedia of Sexual Behavior and the Law The Legal History of Marriage This section provides an overview of Marriage Marriage and Family Life in the CEDAW Article 16: of the Convention on the [...]...
- Bishops The Legal History of Bishops and ArchbishopsThis section provides an overview of Bishops and Archbishops ResourcesSee AlsoLegal Biography Legal Traditions Historical Laws History of Law Further Reading Bishops and Archbishops in the Oxford International Encyclopedia of Legal History (Oxford [...]...
- Manumission The Legal History of ManumissionThis section provides an overview of Manumission ResourcesSee AlsoLegal Biography Legal Traditions Historical Laws History of Law Further Reading Manumission in the Oxford International Encyclopedia of Legal History (Oxford University Press) The Oxford [...]...
- Mutilation The Legal History of Mutilation in Chinese LawThis section provides an overview of Mutilation in Chinese Law ResourcesSee AlsoLegal Biography Legal Traditions Historical Laws History of Law Further Reading Mutilation in Chinese Law in the Oxford International Encyclopedia of Legal History [...]...
- Regulation The Legal History of Regulation This section provides an overview of Regulation Public, Regulation From the book The Clergyman's Hand-book of Law, about Public, Regulation (1): The right to bury in a public cemetery is a privilege or license that is subject to municipal regulation, and [...]...
- Adverse Possession Adverse Possession, Color of Title From the book The Clergyman's Hand-book of Law, about Adverse Possession, Color of Title (1): A religious corporation may obtain title to land by adverse possession. The length of such possession is determined by the laws of the State, the usual period [...]...
- Diocese Real Estate, Parish, Diocese, Taxation From the book The Clergyman's Hand-book of Law, about Real Estate, Parish, Diocese, Taxation (1): It is very important that a congregation about to purchase real estate should examine and understand the statutory law of the State governing the powers [...]...
- Lots Subscription, Lots From the book The Clergyman's Hand-book of Law, about Subscription, Lots (1): Any one may convey title to a church as his part of the subscription by merely marking it on a plat made by him, as lots donated to such church.463 Resources Notes and References Charles [...]...
- Misnomer Misnomer, Identity From the book The Clergyman's Hand-book of Law, about Misnomer, Identity (1): The misnomer of a religious society or corporation will not invalidate a mortgage where the identity of the society can be clearly shown.464 Resources Notes and References Charles M. [...]...
- Misuse Perversion, Misuse, Suit From the book The Clergyman's Hand-book of Law, about Perversion, Misuse, Suit (1): Unless there is substantial departure from the purpose of the trust which amounts to a perversion of it, a court of equity will not interfere to prevent the misuse or abuse of a [...]...
- Common Law Introduction to Common Law "Common Law, term used to refer to the main body of English unwritten law that evolved from the 12th century onward. The name comes from the idea that English medieval law, as administered by the courts of the realm, reflected the "common"customs of [...]...
- Modern Legal Systems Cyclopedia Modern Legal Systems Cyclopedia The Modern Legal Systems Cyclopedia comprises introductions to the major legal systems in the world, with ... Read more...
- Mores ContentsMoresMores DefinitionSanctionsSee Also Mores Mores Definition Mores may be defined as social rules prescribing behavior of individuals in a society, ... Read more...
- Protest Summary of Protest A notice in writing, prepared before a notary public or other official authorized to administer oaths, stipulating that a draft, check, bill of exchange, or other instrument has been dishonored, either by a refusal to accept on the part of the drawee, or by failure to pay [...]...
- Sovereignty Legal Issues International treaties and conventions are, or should be, based on the presumption that all sovereign states are equal. This presumption forms the basis for the operation of the rules of conflict of laws.5 No country can directly enforce its domestic law within the territory of [...]...
- Appeal Appeal, in law, request to a higher court to reverse the decision made by a lower court. The party who won the decision in the lower court is called the appellee; the party appealing the decision is called the appellant. Except in unusual cases, the appellate court may only review questions [...]...
- Attainder Attainder, in former English law, penalty following judgment of outlawry or sentence of death for treason or felony. Attainder required the forfeiture of the property of a condemned person and of the person's civil rights to inherit or transmit property to an heir, a condition known as [...]...
- Agent Principal and Agent Introduction to Agent Principal and Agent, in law, voluntary relationship between two parties whereby one, the agent, is authorized by express or implied consent to act on behalf of the other, called the principal. The designated agent can thus affect or conduct the legal [...]...
- Constitutional Law Introduction to Constitutional Law Constitutional Law, system of fundamental principles on the organization of a country's government and the limitations of its powers. In the United States, constitutional law refers to legal rights that are directly addressed in the Constitution of the [...]...
- Corpse Introduction to Corpse Corpse, a cadaver. Resources Notes and References Information about Corpse in the Encarta Online Encyclopedia Guide to Corp......
- Deed Introduction to Deed Deed, in law, written instrument that transfers an interest in real estate. The term deed was formerly applied also to other solemn written instruments, including trust indentures, contracts, and bills of sale. A modern deed usually consists of several distinct parts. It......
- Easement Introduction to EasementEasement, in law, a privilege of advantage without profit that the owner of a parcel of land may have in the lands of another. Among the various forms of easement are the right of access, the right to maintain a line of telephone poles, rights of light and air, and d......
- Error Introduction to Error Error, act, assertion, or function that unintentionally deviates from what is correct, right, or true." (1) From the book The Clergyman's Hand-book of Law, about Error (1): A clerical error in the name of the grantee will not make a deed void. However, when such [...]...
- Fraud Introduction to Fraud Fraud, in law, general term for any instance in which one party deceives or takes unfair advantage of another. Any means used by one person to deceive another may be defined as fraud. For example, if a person represents himself or herself as the agent of a business with [...]...
- Jurisdiction Criminal Procedure: Jurisdiction Introduction to Jurisdiction For a criminal conviction to be valid, both the sovereign power (the state or federal government) and the specific court that tries the accused must have jurisdiction (authority) over the crime charged. Jurisdiction refers to a [...]...
- Lien Introduction to Lien Lien, in the law of property, any of various charges on specific property; and, if it is personal property, the right to retain the property as security for the payment for services, material, or money expended on that property. A general lien is a charge against all or ......
- Minor Minor (juvenile) Introduction to Minor Minor (juvenile), legal term for those under the age of majority, which varies from country to country but is usually between 18 and 21. Most civic and legal rights and duties accrue only at the age of majority: for example, the rights to vote, ......
- Process Introduction to Process Process, in law, the acts of a court from the beginning to the end of its proceedings. The term also refers to the act of a court in acquiring or excercising jurisdiction over a person or property." (1) Resources Notes and References Informatio......
- Punishment Punishment Forms of Criminal Punishment Introduction to Punishment Although some societies still use ancient forms of harsh physical punishment, punishments have also evolved along with civilization and become less cruel. Punishments range in severity depending on the crime, with the most [...]...
- Robbery Introduction to RobberyRobbery, in criminal law, felonious act consisting of the unlawful taking, by means of violence or intimidation, of property in the possession or in the immediate presence or control of another. Robbery differs from the crime of larceny in that the latter does not inv......
- Roman Law Introduction to Roman Law Roman Law, in general usage, legal system developed by the Romans from the time of their first codification of law, known as the Law of the Twelve Tables (see Twelve Tables, Law of the), in 450 bc to the death of Justinian I, ruler of the Byzantine Empire, in ad [...]...
- Title Introduction to TitleTitle, legal right of control and authority over property. Also, the instrument evidencing the legal right to control and authority over property." (1)ResourcesNotes and ReferencesInformation about "https://lawin.org/encarta-encycl......
- Trespass Kinds of Torts: Intentional Torts Trespass and Conversion Introduction to Trespass The three types of torts against property are trespass to land, trespass to chattels (personal property), and conversion. A trespass is an unlawful interference with another's property. Intent to t......
- Trial Criminal Procedure: Trial Introduction to Trial A criminal defendant who pleads not guilty is entitled to a public trial and has the right to be present at the trial. During the trial a judge or jury determines whether the defendant is guilty or not guilty based upon the application of [...]...
- Will Introduction to Will Will, in law, disposition by an individual of his or her property, intended to take effect after death. A disposition of real property by will is termed a devise; a disposition of personal property by will is termed a bequest. The person making a will, called the testato......
- Taxation Other Popular Tax Definitions in the World Legal Encyclopedia Adjusted Gross Income (sometimes, including Taxation) Ad Valorem Tax (sometimes, including Taxation) Alternative Minimum Tax (sometimes, including Taxation) Big Four (audit firms) (sometimes, including Taxation) Black Market [...]...
- Canon Law Orthodox ChurchesFor more information about this section, in the context of legal history, see the main entry in this legal encyclopedia. Protestant ChurchesFor more information about this section, in the context of legal history, see the main entry in this legal encyclopedia. The [...]...