Inductel Bouvier’s Law Dictionary Download, Version 17, Plus Legal Speller
A fiduciary is person, synonymous to a trustee, who has rights and powers which might usually belong to a different person and strict obligations in finishing up these rights. Fiduciary obligations additionally exist for persons other than trustees, such as between lawyer and client or principal and agent.
The placement of money or a doc with a third disinterested person , to be held by that particular person until the terms of a contract or agreement between two or more different individuals are met. The property is then launched in accordance with the phrases of the agreement or contract. Another example is an endorsement of claim, which signifies that if you wish to ask a courtroom to concern a writ in opposition to someone, you have to “endorse” your writ with a concise summary of the details supporting the claim, generally known as a press release of declare.
Besides oral testament, an object could be deposited with the court docket (e.g. a signed contract, a weapon). This is sometimes referred to as “real evidence.” In other rarer circumstances, proof could be circumstantial. A rule of law which, in accordance with an 1891 English court docket determination, is summarized as “a rule of evidence which precludes an individual from denying the truth of some statement previously made by himself”. Thus, when individual A, by act or words, offers individual B purpose to believe a sure set of information upon which individual B then takes motion, individual A can’t later, to his (or her) benefit, deny these facts or say that his (or her) earlier act was improper.
The unlawful transfer of cash or property to one’s own use in violation of belief. The cash or property may be legally in the possession of the embezzler but not his property. It is the conversion of the cash or property to his own personal use that constitutes embezzlement. For instance, an employee may embezzle money from the employer or a public officer may embezzle cash received through the course of their public duties and secretly convert it to their private use. A widespread legislation motion involving the possession of property by the defendant but belonging to the plaintiff, asking the court for the return of the property.
An abbreviation of “ex relatione”, Latin for “on the relation of.” Information or motion taken that isn’t based mostly on first-hand experience but is based on the statement or account of another individual. For example, a legal charge “ex rel” signifies that the lawyer common of a state is prosecuting on the premise of a statement of an individual other than the legal professional general. Witnesses are launched to a trial by their examination-in-chief. At that point they reply questions asked by the lawyer representing the celebration which known as them to the stand. After the examination-in-chief, the other get together’s lawyer can query them; that is called “cross-examination” (which see).
The greatest and commonest methodology is by oral testimony, by which you’ve a watch-witness swear to tell the reality and to then relate to the court docket (or jury) their expertise. Evidence is crucial in convincing the choose or jury of your facts because the choose (or jury) is anticipated to start out off with no preconceived concept or knowledge of the information. It is subsequently as much as the opposing parties to prove (by providing proof), to the satisfaction of the courtroom (or jury), the information wanted to assist their case.