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grandfather clause :: legal definition


Grandfather clause - n. 1) a clause in a statute or zoning ordinance (particularly a city ordinance) which permits the operator of a business or a land owner to be exempt from restrictions on use if the business or property continues to be used as it was when the law was adopted. Upon passage of the statute or regulation, the specific property may be referred to as "grandfathered in." Example: the city passes an ordinance which does not permit retail businesses in a particular zone, but any existing store can continue to function in the area, even with new owners. However, if the premises stop being a retail outlet then the grandfather clause will lapse. 2) among the state constitutional amendments passed by southern states in the late 1800s to keep blacks from voting, "grandfather clauses" denied voter registration to people who were illiterate, who did not own property or could not pass a test on citizenship obligations, unless their grandfathers had served in the Confederate Army. Such laws are now unconstitutional.


Related Law Terms

abandoned property :: n. property left behind (often by a tenant) intent ... -use. See also: abandon abandonment
abandonment :: n. the act of intentionally and permanently giving ... : abandon abandoned property patent
acceleration clause :: n. a provision in a contract or promissory note th ... . See also: acceleration assumption
administrative law :: n. the procedures created by administrative agenci ... judge Administrative Procedure Act
adultery :: n. consensual sexual relations when one of the par ... s and grist for scandal newspapers.
adverse possession :: n. a means to acquire title to land through obviou ... o: possession prescriptive easement
advisory opinion :: n. an opinion stated by a judge or a court upon th ... o: actual controversy friendly suit
antitrust laws :: n. acts adopted by Congress to outlaw or restrict ... so: price fixing restraint of trade
attorney :: n. 1) an agent or someone authorized to act for an ... ialize. See also: court reciprocity
Attorney General :: n. in each state and the federal government the hi ... izenry. See also: Solicitor General
bankruptcy :: n. a federal system of statutes and courts which p ... y proceedings trustee in bankruptcy
bar examination :: n. the examination given in each state by either t ... n that district. See also: attorney
Bill of Rights :: n. the first ten amendments to the federal Constit ... ved to the states or to the people.
brief :: 1) n. a written legal argument, usually in a forma ... another person. See also: precedent
canon law :: n. laws and regulations over ecclesiastical (churc ... nduct with no religious connection.
carrier :: n. in general, any person or business which transp ... lso: common carrier private carrier
case law :: n. reported decisions of appeals courts and other ... es. See also: case system precedent
case system :: n. the method of studying law generally used in Am ... Langdell and soon became standard.
citation :: n. 1) a notice to appear in court due to the proba ... se is not in point." See also: cite
civil :: adj. 1) that part of the law that encompasses busi ... also: civil liberties civil rights
civil law :: n. 1) a body of laws and legal concepts which come ... generic term for non-criminal law.
code :: n. a collection of written laws gathered together, ... utes or laws. See also: law statute
commingling :: n. the act of mixing the funds belonging to one pa ... rust accounts for funds of another.
common law :: n. the traditional unwritten law of England, based ... plied without reference to statute.
common property :: n. 1) real property owned by "tenants in common," ... e, like parks and national forests.
community property :: n. property and profits received by a husband and ... and distribution separate property
comparative negligence :: n. a rule of law applied in accident cases to dete ... utory negligence damages negligence
concealed weapon :: n. a weapon, particularly a handgun, which is kept ... ions, arrests or improper activity.
conflict of law :: n. a situation in which both state and federal law ... y arose. See also: forum preemption
constitution :: n. the fundamental, underlying document which esta ... ts common law constitutional rights
constitutional rights :: n. rights given or reserved to the people by the U ... e also: Bill of Rights constitution
consumer protection laws :: n. almost all states and the federal government ha ... rranty product liability securities
controlling law :: n. the laws of the state which will be relied upon ... will be that of a particular state.
conversion :: n. a civil wrong (tort) in which one converts anot ... the crime of theft. See also: theft
copyright :: 1) n. the exclusive right of the author or creator ... plagiarism public domain trademark
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
d.b.a. :: n. short for "doing business as," when a person or ... that is registered with the state.
demurrer :: n. (dee-muhr-ur) a written response to a complaint ... demurrer. See also: motion pleading
depreciation :: n. the actual or theoretical gradual loss of value ... e early years of use (accelerated).
descent :: n. the rules of inheritance established by law in ... on inheritance intestate succession
discrimination :: n. unequal treatment of persons, for a reason whic ... qual rights. See also: civil rights
disinherit :: v. to intentionally take actions to guarantee that ... rorem clause pretermitted heir will
divorce :: 1) n. the termination of a marriage by legal actio ... y separate property spousal support
doing business :: v. carrying on the normal activities of a corporat ... oration operating within the state.
double jeopardy :: n. placing someone on trial a second time for an o ... that occurred thirty years earlier.
easement :: n. the right to use the real property of another f ... rstandings at the time of creation.
eminent domain :: n. the power of a governmental entity (federal, st ... ngs. See also: condemn condemnation
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
fair trade laws :: n. state laws which permit manufacturers or produc ... state constitutions in many states.
foreclosure :: n. the system by which a party who has loaned mone ... ced sale mortgage notice of default
foreign corporation :: n. a corporation which is incorporated under the l ... tate or Whoopee's designated agent.
fraud :: n. the intentional use of deceit, a trick or some ... audulent conveyance intrinsic fraud
guest statute :: n. a state law which sets standards of care by the ... sked to be let out. See also: guest
hearsay rule :: n. the basic rule that testimony or documents whic ... interest dying declaration hearsay
hit and run :: n. the crime of a driver of a vehicle who is invol ... , and then walks back to the scene.
home rule :: n. the power of a local city or county to set up i ... state funds for local improvements.
incorporate :: v. 1) to obtain an official charter or articles of ... te by reference incorporation stock
interest :: n. 1) any and all, partial or total right to prope ... nal property real property standing
interrogatories :: n. a set of written questions to a party to a laws ... ing. See also: deposition discovery
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
judge :: 1) n. an official with the authority and responsib ... ice justice of the peace magistrate
jurisdiction :: n. the authority given by law to a court to try ca ... Superior Court Supreme Court venue
justice :: n. 1) fairness. 2) moral rightness. 3) a scheme or ... e appellate courts. See also: court
law :: n. 1) any system of regulations to govern the cond ... um maritime law natural law statute
law book :: n. any of numerous volumes dealing with law, inclu ... : common law law Shepardize statute
lease :: 1) n. a written agreement in which the owner of pr ... triple net lease unlawful detainer
leverage :: 1) n. the use of borrowed money to purchase real e ... e been created by risky leveraging.
license :: 1) n. governmental permission to perform a particu ... eement. See also: licensee licensor
limited partnership :: n. a special type of partnership which is very com ... mited liability partner partnership
literary property :: n. the writings of an author which entitles him/he ... as copyrighted. See also: copyright
loiter :: v. to linger or hang around in a public place or b ... kenness or being a public nuisance.
long-arm statute :: n. law which gives a local state court jurisdictio ... rt jurisdiction over the defendant.
mandamus :: (man-dame-us) n. Latin for "we order," a writ (mor ... mandamus. See also: writ of mandate
marriage :: n. the joining of a male and female in matrimony b ... of time without legal formalities.
mercantile law :: n. that broad area of the law (also called commerc ... tion seller Uniform Commercial Code
merger :: n. 1) in corporate law, the joining together of tw ... and taking one, and wife the other.
mortgage :: n. a document in which the owner pledges his/her/i ... losure notice of default trust deed
negligence :: n. failure to exercise the care toward others whic ... gence per se res ipsa loquitur tort
no fault insurance :: n: a type of automobile insurance required of car ... ling lawsuits. See also: negligence
non-conforming use :: n. the existing use (residential, commercial, agri ... eneral plan grandfathered in zoning
non-profit corporation :: n. an organization incorporated under state laws a ... harity corporation cy pres doctrine
nuisance :: n. the unreasonable, unwarranted and/or unlawful u ... evening). See also: public nuisance
occupy the field :: v. to preempt (monopolize) an area of statutory la ... ertain topics. See also: preemption
operation of law :: n. a change or transfer which occurs automatically ... atically upon the child turning 18.
partnership :: n. a business enterprise entered into for profit w ... partnership partner silent partner
permit :: 1) v. to allow by silence, agreement or giving a l ... f public revenue. See also: license
petty larceny :: n. a term used in many states for theft of a small ... emeanor in charging and sentencing.
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
practice :: 1) n. custom or habit as shown by repeated action, ... s "she practices law in St. Louis."
preemption :: n. the rule of law that if the federal government ... cs control may parallel each other.
prescription :: n. the method of acquiring an easement upon anothe ... ty. See also: prescriptive easement
procedure :: n. the methods and mechanics of the legal process. ... cases are tried and judgments made.
property :: n. anything that is owned by a person or entity. P ... rty real property separate property
quitclaim deed :: n. a real property deed which transfers (conveys) ... also: convey deed grant deed title
real property :: n. 1) all land, structures, firmly attached and in ... onal property real estate reversion
regulations :: n. rules and administrative codes issued by govern ... es usually have similar procedures.
rental value :: n. the amount which would be paid for rental of si ... alimony to be paid. See also: rent
restraint of trade :: n. in antitrust law, any activity (including agree ... also: antitrust laws monopoly trust
retroactive :: adj. referring to a court's decision or a statute ... ospective." See also: ex post facto
robbery :: n. 1) the direct taking of property (including mon ... We've been robbed." See also: theft
seal :: n. a device which creates an impression upon paper ... e "sealed," but that is rare today.
seduction :: n. the use of charm, salesmanship, promises, gifts ... ry breach of promise date rape rape
seized :: (seised) n. 1) having ownership, commonly used in ... by force. See also: seisin 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
sheriff :: n. the top law enforcement officer for a county, u ... ." See also: bailiff sheriff's sale
shield laws :: n. statutes enacted in some states which declare t ... See also: privileged communication
spot zoning :: n. a provision in a general plan which benefits a ... . See also: grandfathered in zoning
spousal support :: n. payment for support of an ex-spouse (or a spous ... but two. See also: alimony divorce
standing :: n. the right to file a lawsuit or file a petition ... so: actual controversy jurisdiction
statute :: n. a federal or state written law enacted by the C ... and proclamations are not statutes.
statute of limitations :: n. a law which sets the maximum period which one c ... ies. See also: demurrer laches toll
supremacy clause :: n. Article VI, section 2 of the U.S. Constitution, ... f involving a constitutional issue.
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
theft :: n. the generic term for all crimes in which a pers ... rglary embezzlement larceny robbery
toll :: v. 1) to delay, suspend or hold off the effect of ... bridge or take passage on a ferry.
tort :: n. from French for "wrong," a civil wrong or wrong ... nce slander trespass wrongful death
trade name :: n. a name of a business or one of its products whi ... t is different. See also: trademark
trespass :: n. entering another person's property without perm ... for an illegal purpose is a crime.
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.
use tax :: n. a state tax on goods purchased in another state ... e" tax equivalent to its sales tax.
variance :: n. 1) an exception to a zoning ordinance, authoriz ... process." See also: dismissal proof

Popular Law Searches

legal 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 - G

gag order :: n. a judge's order prohibiting the attorneys and t ... st day in office, January 22, 1993.
garnish :: v. to obtain a court order directing a party holdi ... ed. See also: garnishee garnishment
garnishee :: n. a person or entity, quite often a bank or emplo ... ourt. See also: garnish garnishment
garnishment :: n. the entire process of petitioning for and getti ... heriff. See also: garnish garnishee
gender bias :: n. unequal treatment in employment opportunity (su ... statutes. See also: discrimination
general appearance :: n. an attorney's representation of a client in cou ... case. See also: special appearance
general counsel :: n. the chief attorney for a corporation, who is pa ... e counsel." See also: house counsel
general damages :: n. monetary recovery (money won) in a lawsuit for ... s exemplary damages special damages
general denial :: n. a statement in an answer to a lawsuit or claim ... anguage. See also: answer complaint
general partner :: n. 1) usually one of the owners and operators of a ... ted partnership partner partnership
general plan :: n. a plan of a city, county or area which establis ... uture development. See also: zoning
generation skipping :: adj., adv. referring to gifts made through trusts ... to a grandchild without a gift tax.
gift :: n. the voluntary transfer of property (including m ... ift tax unified estate and gift tax
gift in contemplation of death :: n. (called a gift causa mortis by lawyers showing ... ift tax unified estate and gift tax
gift tax :: n. federal tax on large gifts. Gifts to members of ... ance in gift tax planning is vital.
go bail :: v. slang for putting up the bail money to get an a ... arrest or pending trial or appeal.
good cause :: n. a legally sufficient reason for a ruling or oth ... od cause shown, the court orders:."
good faith :: n. honest intent to act without taking an unfair a ... plied to all kinds of transactions.
Good Samaritan rule :: n. from a Biblical story, if a volunteer comes to ... a lawsuit for millions of dollars.
good title :: n. ownership of real property which is totally fre ... or deed of trust on the property).