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Dictionary of Law |
merger :: legal definitionMerger - n. 1) in corporate law, the joining together of two corporations in which one corporation transfers all of its assets to the other, which continues to exist. In effect one corporation "swallows" the other, but the shareholders of the swallowed company receive shares of the surviving corporation. A merger is distinguished from a "consolidation," in which both companies join together to create a new corporation. 2) in real property law, when an owner of an interest in property acquires a greater or lesser interest in the same property, the two interests become one. Examples: a person with a life estate is given the title to the property by inheritance, the life estate is merged with the titled interest. 3) another important form of merger occurs when a person acquires two parcels of land which were once a single lot that had been divided into two lots by a "lot split" granted by the city or county. If the minimum lot size has been increased by changes in local ordinances and the two lots are now sub-standard size, the buyer who acquires title in the two lots may find that they are "merged" into one lot and he or she has lost the right to build a house on each lot. To avoid this problem, the buyer should make sure title in each lot is obtained under a different name, i.e. husband taking one, and wife the other. Related Law Termsabeyance :: 1) n. when the owner- ship of property has not bee ... 2) legal jargon for "undetermined."abstract of title :: n. the written report on a title search which show ... e also: chain of title title report adjuster :: n. an employee (usually a non-lawyer) of an insura ... e company in approving settlements. administrator :: n. the person appointed by the court to handle the ... e also: administer executor probate advancement :: n. a gift made by a person to one of his or her ch ... tate gift in contemplation of death adverse possession :: n. a means to acquire title to land through obviou ... o: possession prescriptive easement after-acquired property :: n. 1) personal or real property acquired by a debt ... lso: bankruptcy secured transaction after-acquired title :: n. title to property acquired after the owner atte ... ed title goes automatically to Sam. agency :: n. the relationship of a person (called the agent) ... ondeat superior scope of employment apparent authority :: n. the appearance of being the agent of another (e ... e also: agency ostensible authority arrest :: v. 1) to take or hold a suspected criminal with le ... anda warning probable cause warrant articles of incorporation :: n. the basic charter of a corporation which spells ... year's taxes. See also: corporation assign :: 1) v. to transfer to another person any asset such ... en shows up in contracts and wills. assume :: v. to take over the liability for a debt on a prom ... he assumption. See also: assumption bankruptcy :: n. a federal system of statutes and courts which p ... y proceedings trustee in bankruptcy Bill of Rights :: n. the first ten amendments to the federal Constit ... ved to the states or to the people. blue sky laws :: n. laws intended to protect the public from purcha ... e sky." See also: corporation stock bond :: n. 1) written evidence of debt issued by a company ... good up to the amount of the bond. canon law :: n. laws and regulations over ecclesiastical (churc ... nduct with no religious connection. caption :: n. the first section of any written legal pleading ... to the exact format of the caption. cartel :: n. 1) an arrangement among supposedly independent ... Colombia. See also: antitrust laws chain of title :: n. the succession of title ownership to real prope ... title conveyance foreclosure title chattel :: n. an item of personal property which is movable, ... ments). See also: personal property civil :: adj. 1) that part of the law that encompasses busi ... also: civil liberties civil rights claim against an estate :: n. upon the death of a person and beginning of pro ... ade to the heirs. See also: probate color of title :: n. the appearance of having title to personal or r ... rty based on this "color of title." company :: n. any formal business entity for profit, which ma ... s a corporation. See also: business condemnation action :: n. a lawsuit brought by a public agency to acquire ... e also: condemnation eminent domain condition precedent :: n. 1) in a contract, an event which must take plac ... o the property. See also: condition condition subsequent :: n. 1) in a contract, a happening which terminates ... Dad Fauntleroy. See also: condition condominium :: n. title to a unit of real property which, in real ... ium projects. See also: common area contingent interest :: n. an interest in real property which, according t ... ontingent remainder future interest corporate opportunity :: n. a business opportunity which becomes known to a ... ative action fiduciary relationship corporation :: n. an organization formed with state governmental ... ation public corporation securities covenant :: 1) n. a promise in a written contract or a deed of ... o compete deed restrictive covenant curtesy :: n. in old common law, the right of a surviving hus ... ommunity property dower life estate decree :: n. in general, synonymous with judgment. However, ... n's estate, etc. See also: judgment dedication :: n. the giving of land by a private person or entit ... perty. See also: quiet title action deed :: 1) n. the written document which transfers title ( ... veyance deed of trust warranty deed deed of trust :: n. a document which pledges real property to secur ... : foreclosure mortgage reconveyance defect :: n. an imperfection, quite often so great that the ... See also: defective defective title defective title :: n. an apparent title to real property which fails ... so: chain of title defect defective descent :: n. the rules of inheritance established by law in ... on inheritance intestate succession devisee :: n. a person who receives a gift of real property b ... will. See also: beneficiary legatee dominant estate :: n. in real estate law, the property retained when ... See also: easement servient estate dower :: n. an old English common law right of a widow to o ... t and distribution widow's election easement :: n. the right to use the real property of another f ... rstandings at the time of creation. ejusdem generis :: (eh-youse-dem generous) v adj. Latin for "of the s ... t was of land-based transportation. equal opportunity :: 1) n. a right supposedly guaranteed by both federa ... be so. See also: affirmative action equal protection of the law :: n. the right of all persons to have the same acces ... laws." See also: due process of law equity :: n. 1) a venerable group of rights and procedures t ... ry enjoin equitable injunction writ escrow :: 1) n. a form of account held by an "escrow agent" ... w the deal." See also: escrow agent escrow agent :: n. a person or entity holding documents and funds ... on local practice. See also: escrow escrow instructions :: n. the written instructions by buyer and seller of ... ir agents. See also: closing escrow estate :: n. 1) all that one owns in real estate and other a ... ife estate probate real estate will executor :: n. the person appointed to administer the estate o ... sed decedent executrix probate will fiduciary :: 1) n. from the Latin fiducia, meaning "trust," a p ... lation fiduciary relationship trust fraud :: n. the intentional use of deceit, a trick or some ... audulent conveyance intrinsic fraud future interest :: n. a right to receive either real property or pers ... maturity (age 18) or upon marriage. gift in contemplation of death :: n. (called a gift causa mortis by lawyers showing ... ift tax unified estate and gift tax grandfather clause :: n. 1) a clause in a statute or zoning ordinance (p ... Such laws are now unconstitutional. grant :: v. to transfer real property from a title holder ( ... deed grantee grantor quitclaim deed grant deed :: n. the document which transfers title to real prop ... rant grantee grantor quitclaim deed hit and run :: n. the crime of a driver of a vehicle who is invol ... , and then walks back to the scene. holding company :: n. a company, usually a corporation, which is crea ... gement and policies of all of them. in personam :: adj. (in purr-soh-nam) from Latin for "directed to ... here. See also: in rem jurisdiction incorporate :: v. 1) to obtain an official charter or articles of ... te by reference incorporation stock indenture :: n. a type of real property deed in which two parti ... bind a person to work for another. insurance :: n. a contract (insurance policy) in which the insu ... t clause Workers' Compensation Acts insured :: n. 1) the person or entity who will be compensated ... s go to others. See also: insurance interest :: n. 1) any and all, partial or total right to prope ... nal property real property standing inverse condemnation :: n. the taking of property by a government agency w ... e also: condemnation eminent domain invitee :: n. a person who comes onto another's property, pre ... ail employees. See also: negligence joint tenancy :: n. a crucial relationship in the ownership of real ... ty property tenancy in common title justice :: n. 1) fairness. 2) moral rightness. 3) a scheme or ... e appellate courts. See also: court laches :: n. the legal doctrine that a legal right or claim ... , breach of contract, fraud, etc.). land :: n. real property, real estate (and all that grows ... See also: real estate real property legatee :: n. a person or organization receiving a gift of an ... eficiary devise devisee legacy will lemon law :: n. statutes adopted in some states to make it easi ... still trying" to make it run right. leverage :: 1) n. the use of borrowed money to purchase real e ... e been created by risky leveraging. life estate :: n. the right to use or occupy real property for on ... hter, Sadie, will own the property. limited partnership :: n. a special type of partnership which is very com ... mited liability partner partnership lineup :: n. a law enforcement method used in an attempt to ... entification is precarious at best. living will :: n. also called "a durable power of attorney," it i ... upport. See also: power of attorney marital deduction :: n. an estate tax deduction allowed a surviving spo ... community property estate tax trust marketable title :: n. the title to real property which has no encumbr ... e. See also: contract real property mortgage :: n. a document in which the owner pledges his/her/i ... losure notice of default trust deed net estate :: n. the remaining estate of a person who has died, ... alue. See also: estate tax gift tax no fault insurance :: n: a type of automobile insurance required of car ... ling lawsuits. See also: negligence nominal party :: n. a defendant or a plaintiff included in a lawsui ... ed. See also: necessary party party nominee :: n. 1) a person or entity who is requested or named ... ic office. See also: agent executor non-profit corporation :: n. an organization incorporated under state laws a ... harity corporation cy pres doctrine notice :: n. 1) information, usually in writing in all legal ... Thirty-day notice three-day notice notorious possession :: n. occupation of real property or holding personal ... e is as if the person is the owner. nuisance :: n. the unreasonable, unwarranted and/or unlawful u ... evening). See also: public nuisance operation of law :: n. a change or transfer which occurs automatically ... atically upon the child turning 18. person :: n. 1) a human being. 2) a corporation treated as h ... amages. See also: corporation party personal effects :: n. things which include clothes, cosmetics and ite ... e, Susannah"). See also: personalty pledge :: v. to deposit personal property as security for a ... ise to do something. See also: pawn possession :: n. 1) any article, object, asset or property which ... ctive possession. See also: possess possibility of a reverter :: n. the potential that the title to a real property ... further issue. See also: reversion pour over will :: n. a will of a person who has already executed a t ... invalid trust. See also: trust will power of attorney :: n. a written document signed by a person giving an ... y, as in a real estate transaction. presumption :: n. a rule of law which permits a court to assume a ... resumption at all, but a certainty. privity :: n. contact, connection or mutual interest between ... with the seller. See also: contract pro rata :: (proh rat-ah or proh ray-tah) adj. from Latin for ... e year in which he/she holds title. probate :: 1) n. the process of proving a will is valid and t ... e also: administrator executor will promissory note :: n. a written promise by a person (variously called ... lso: interest obligee obligor usury property :: n. anything that is owned by a person or entity. P ... rty real property separate property property damage :: n. injury to real or personal property through ano ... l value. See also: damages property prospectus :: n. a detailed statement by a corporation required ... rporation limited partnership stock quiet title action :: n. a lawsuit to establish a party's title to real ... opposition. See also: notice title quitclaim deed :: n. a real property deed which transfers (conveys) ... also: convey deed grant deed title real estate investment trust :: n. nicknamed REIT, a real estate investment organi ... its upon sale-if there is a profit. real property :: n. 1) all land, structures, firmly attached and in ... onal property real estate reversion reconveyance :: n. in those states which use deeds of trust as a m ... conveyance. See also: deed of trust record :: 1) v. (ree-cored) to put a document into the offic ... eeding race to the courthouse trial remainder :: n. in real property law, the interest in real prop ... ed reversion title vested remainder restraint on alienation :: n. an attempt in a deed or will to prevent the sal ... enant rule against perpetuities use resulting trust :: n. a trust implied by law (as determined by a cour ... See also: constructive trust trust risk :: n. chances of danger or loss, particularly of prop ... so: assumption of risk risk of loss rule against perpetuities :: n. the legal prohibition against tying up property ... . See also: restraint on alienation search warrant :: n. a written order by a judge which permits a law ... ble cause search search and seizure self-defense :: n. the use of reasonable force to protect oneself ... ndalism. See also: assault homicide sentence :: 1) n. the punishment given to a person convicted o ... ence restitution suspended sentence separate property :: n. in community property states (California, Texas ... pouse. See also: community property servient estate :: n. real property which has an easement or other us ... See also: dominant estate easement special administrator :: n. a person appointed by the court in a probate pr ... or administrator. See also: probate state of domicile :: n. the state in which a person has his/her permane ... orated. See also: domicile resident statute of limitations :: n. a law which sets the maximum period which one c ... ies. See also: demurrer laches toll subject to :: adj. referring to the acquisition of title to real ... : assumption deed of trust mortgage subpena duces tecum :: : (suh-pea-nah dooh-chess-take-uhm or dooh-kess-ta ... ng a court order. See also: witness subrogation :: n. assuming the legal rights of a person for whom ... also: negligence subrogee subrogor subrogor :: n. a person or entity that transfers his/her/its l ... ges. See also: subrogation subrogee tax :: n. a governmental assessment (charge) upon propert ... unified estate and gift tax use tax tenancy by the entirety :: n. joint ownership of title by husband and wife, i ... ee also: community property tenancy tenancy in common :: n. title to property (usually real property, but i ... on. See also: joint tenancy tenancy theft :: n. the generic term for all crimes in which a pers ... rglary embezzlement larceny robbery title :: n. 1) ownership of real property or personal prope ... ink slip real property title search title insurance :: n. a policy issued by an insurance company guarant ... : chain of title title title search title report :: n. the written analysis of the status of title to ... lso: abstract title title insurance title search :: n. the examination of county records for the prope ... e escrow lien title title insurance tort :: n. from French for "wrong," a civil wrong or wrong ... nce slander trespass wrongful death transfer :: n. 1) the movement of property from one person or ... son or shipment to continue travel. transferred intent :: n. in both criminal and tort (civil wrong) law, wh ... hit upon Truehart. See also: intent ultra vires :: (uhl-trah veye-rehz) adj. Latin for "beyond powers ... it is issued. See also: corporation use :: n. the right to enjoy the benefits of real propert ... ay it is only of academic interest. vested remainder :: n. the absolute right to receive title after a pre ... pass to him. See also: vest vested warrant :: 1) n. an order (writ) of a court which directs a l ... e search and seizure search warrant will :: n. a written document which leaves the estate of t ... will and testament probate testator Popular Law Searcheslegal definition ministerial act :: n. an act, particularly of a governmental employee ... exercising any individual judgment.chancery legal definition :: n. a court that can order acts performed. Today ch ... ts in most states. See also: equity testamentary disposition legal definition :: n. how the terms of a will divide the testator's ( ... named beneficiaries. See also: will contract of sufferance :: n. a "hold-over" tenancy after a lease has expired ... y tenancy at will unlawful detainer forthwith legal definition :: adv. a term found in contracts, court orders and s ... mediacy, with no excuses for delay. forthwith definition legal :: adv. a term found in contracts, court orders and s ... mediacy, with no excuses for delay. what is to wit in a legal contract :: prep. that is to say. Example: "the passengers in ... tty Bumgartner and Sherry Younger." mirror wills legal definition :: n. the wills of a husband and wife which are ident ... d each names the other as executor. clean hands doctrine latin :: n. a rule of law that a person coming to court wit ... ices. See also: affirmative defense sine qua non only relates to contract law :: (see-nay kwah nahn) prep. Latin for "without which ... qua non of the injury to Playmate. Other Law Terms - MM. O. :: n. slang for modus operandi, the way or pattern in ... her crime. See also: modus operandimagistrate :: n. 1) a generic term for any judge of a court, or ... ce of the peace preliminary hearing Magna Carta :: n. Latin for "Great Charter," it was a document de ... s. It is also spelled Magna Charta. mail box rule :: n. in contract law, making a written offer or acce ... nse in hand when the time runs out. maim :: v. to inflict a serious bodily injury, including m ... to a prison term. See also: mayhem majority :: n. 1) the age when a person can exercise all norma ... t. See also: child infancy minority make :: v. 1) to create something. 2) to sign a check, pro ... xchange check maker promissory note make one whole :: v. to pay or award damages sufficient to put the p ... fault of another. See also: damages maker :: n. 1) the person who signs a check or promissory n ... : check payee payor promissory note malfeasance :: n. intentionally doing something either legally or ... sponsibility. See also: misfeasance malice :: n. a conscious, intentional wrongdoing either of a ... cution murder public figure slander malice aforethought :: n. 1) the conscious intent to cause death or great ... : first degree murder malice murder malicious prosecution :: n. filing a lawsuit with the intention of creating ... vor of the victim. See also: malice malpractice :: n. An act or continuing conduct of a professional ... eed. See also: errors and omissions malum in se :: (mal-uhm in say) adv. Latin referring to an act th ... hibitum. See also: malum prohibitum malum prohibitum :: (mal-uhm prohibit-uhm) adj. Latin meaning "wrong d ... lso: malum in se white collar crime mandamus :: (man-dame-us) n. Latin for "we order," a writ (mor ... mandamus. See also: writ of mandate mandate :: n. 1) any mandatory order or requirement under sta ... See also: mandamus writ of mandate mandatory :: adj., adv. absolutely demanded or required. ... v. absolutely demanded or required. mandatory joinder :: n. the required inclusion of a party in a lawsuit ... sues in the case. See also: joinder |