Professional Documents
Culture Documents
FINAL Please Be Informed That Your Termination From Office Is Not Intended To Be Personal
FINAL Please Be Informed That Your Termination From Office Is Not Intended To Be Personal
KEY TERMS:
Chattel
An item of Personal Property that is movable; it may be animate or inanimate.
Chattels are synonymous with goods or personalty.
West's Encyclopedia of American Law, edition 2. Copyright 2008 The Gale Group, Inc. All rights
reserved.
chattel
n. an item of personal property which is movable, as distinguished from real property (land and i
mprovements).
Copyright © 1981-2005 by Gerald N. Hill and Kathleen T. Hill. All Right reserved.
chattel
in English law, any property other than freehold land. Interests in land that are not freehold may
be called chattels real. Moveable corporeal articles of property are chattels personal. See GOO
DS.
Collins Dictionary of Law © W.J. Stewart, 2006
slave-driver
n
1. (Sociology) (esp formerly) a person forcing slaves to work
2. (Industrial Relations & HR Terms) an employer who demands excessively hard work from his
employees
Collins English Dictionary – Complete and Unabridged, 12th Edition 2014 © HarperCollins Publi
shers 1991, 1994, 1998, 2000, 2003, 2006, 2007, 2009, 2011, 2014
Corporeal
Possessing a physical nature; having an objective, tangible existence; being capable of perce
ption by touch and sight.
Under Common
Law, corporeal hereditaments are physical objects encompassed in land, including the land itsel
f and any tangible object on it, that can be inherited.
Corporeal is the opposite of incorporeal, that which exists but is incapable of physical manifestat
ion, as in the right to bring a lawsuit.
West's Encyclopedia of American Law, edition 2. Copyright 2008 The Gale Group, Inc. All rights
reserved.
corporeal
having a physical body, tangible.
Collins Dictionary of Law © W.J. Stewart, 2006
Compensation
A pecuniary remedy that is awarded to an individual who has sustained an injury in order to
replace the loss caused by said injury, such as Workers'
Compensation. Wages paid to an employee or, generally, fees, salaries, or allowances. The
payment a landowner is given to make up for the injury suffered as a result of the seizure w
hen his or her land is taken by the government through Eminent Domain.
West's Encyclopedia of American Law, edition 2. Copyright 2008 The Gale Group, Inc. All rights
reserved.
compensation
n. 1) payment for work performed, by salary, wages, commission or otherwise. It can include giv
ing goods rather than money. 2) the amount received to "make one whole" (or at least better) aft
er for an injury or loss, particularly that paid by an insurance company either of the party causin
g the damage or by one's own insurer.
Copyright © 1981-2005 by Gerald N. Hill and Kathleen T. Hill. All Right reserved.
compensation
1 a monetary payment for loss or damage.
2 in Scotland, the right to set off one debt against another with the effect of reducing the one by
the amount of the other. The right is not available after decree. It applies only to liquid debts or,
at the discretion of the court, debts easily made liquid. There must be concursus debiti et credit
i, meaning that each party must be the other's debtor and creditor. An executor sued for a privat
e debt has been held unable to plead compensation in respect of a debt owed to him as executo
r. The rules operate differently in insolvency. See CRIMINAL INJURIES COMPENSATION.
Collins Dictionary of Law © W.J. Stewart, 2006
COMPENSATION, chancery practice. The performance of that which a court of chancery orders
to be done on relieving a party who has broken a condition, which is to place the opposite party i
n no worse situation than if the condition had not been broken.
2. Courts of equity will not relieve from the consequences of a broken condition, unless comp
ensation can be made to the opposite party. Fonb. c. 6; s. 51 n. (k) Newl. Contr: 251, et. seq.
3. When a simple mistake, not a fraud, affects a contract, but does not change its essence, a
court of equity will enforce it, upon making compensation for the error, The principle upon which
courts of equity act," says Lord Chancellor Eldon, "is by all the authorities brought to the true sta
ndard, that though the party had not a title at law, because he had not strictly complied with the t
erms so as to entitle him to an action, (as to time for instance,) yet if the time, though introduced
, as some time must be fixed, where something is to be done on one side, as a consideration for
something to be done on the other, is not the essence of the contract; a material object, to whic
h they looked in the first conception of it, even though the lapse of time has not arisen from acci
dent, a court of equity will compel the execution of the contract upon this ground, that one party i
s ready to perform, and that the other ma, have performance in substance if he will permit it." 13
Ves. 287. See 10 Ves. 505; 13 Ves. 73, 81, 426; 6 Ves. 675; 1 Cox, 59.
COMPENSATION, contracts. A reward for services rendered.
COMPENSATION, contracts, civil law. When two persons are equally indebted to each other, th
ere takes place a compensation between them, which extinguishes both debts. Compensation i
s, therefore, a reciprocal liberation between two persons who are creditors and debtors to each
other, which liberation takes place instead of payment, and prevents a circuity. Or it may be mor
e briefly defined as follows; compensatio est debiti et crediti intter se contributio.
2. Compensation takes places, of course, by the mere operation of law, even unknown to the
debtors the two debts are reciprocally extinguished, as soon as they exist simultaneously, to the
, amount of their respective sums. Compensation takes place only between two debts, having e
qually for their object a sum of money, or a certain quantity of consumable things of one and the
same kind, and which are equally liquidated and demandable. Compensation takes place, what
ever be the cause of either of the debts, except in case, 1st. of a demand of restitution of a thing
of which the owner has been unjustly deprived; 2d. of a demand of restitution of a deposit and a
loan for use; 3d. of a debt which has for its cause, aliments declared not liable to seizure. Civil C
ode of. Louis. 2203 to 2208. Compensation is of three kinds: 1. legal or by operation of law; 2. c
ompensation by way of exception; and, 3. by reconvention. 8 L. R. 158; Dig. lib. 16, t. 2; Code, li
b. 4, t. 31; Inst. lib. 4, t' 6, s. 30; Poth. Obl. partie. 3eme, ch. 4eme, n. 623; Burge on Sur., Book
2, c. 6, p. 181.
3. Compensation very nearly resembles the set-off (q.v.) of the common law. The principal di
fference is this, that a set-off, to have any effect, must be pleaded; whereas compensation is eff
ectual without any such plea, only the balance is a debt. 2 Bouv. Inst. n. 1407.
COMPENSATION, crim. law; Compensatio criminura, or recrimination (q.v.)
2. In cases of suits for divorce on the ground of adultery, a compensation of the crime hinder
s its being granted; that is, if the defendant proves that the party has also committed adultery, th
e defendant is absolved as to the matters charged in the libel of the plaintiff. Ought. tit. 214, Pl.
1; Clarke's Prax. tit. 115; Shelf. on Mar. & Div. 439; 1 Hagg. Cons. R. 148. See Condonation; Di
vorce.
COMPENSATION, remedies. The damages recovered for an injury, or the violation of a contract
.. See Damages.
A Law Dictionary, Adapted to the Constitution and Laws of the United States. By John Bouvier.
Published 1856.
FICTIO; In Roman law, a fiction; an assumption or supposition of the law. "Fictio" in the old
Roman law was properly a term of pleading, and signified a false averment on the part of the
plaintiff which the defendant was not allowed to traverse; as that the plaintiff was a Roman
citizen, when in truth he was a foreigner. The object of the fiction was to give the court
jurisdiction. Maine, Anc.Law, 25. Black's Law dictionary, p. 751.
legal fiction: something assumed in law to be fact irrespective of the truth or accuracy of that
assumption. — Fields V. Fairbanks North Star Borough, 818 P.2d 658 (1991).
Homo vocabulum est naturae; persona juris civilis. Man (homo) is a term of nature; person
(persona) of civil law. Calvin (from Black's Law Dictionary, Second Edition (1910), page 577.)
Homo vocabulum est naturae; persona juris civilis-Man is a term of nature; person of civil
law. Bouvier's Law Dictionary (1914), "Maxim," p. 2136.
Gage Canadian Dictionary, 1983, Sec. 4 defines Capitalize adj. as… "To take advantage of –
To use to ones own advantage." Blacks Law Dictionary – Revised Fourth Edition, 1968,
provides a more comprehensive definition as follows … Capitis Diminutio (meaning the
diminishing of status through the use of capitalization) – In Roman law. A diminishing or
abridgment of personality; a loss or curtailment of a man’s status or aggregate of legal attributes
and qualifications. Capitis Diminutio Maxima (meaning a maximum loss of status through the
use of capitalization, e.g. JOHN DOE or DOE JOHN) – The highest or most comprehensive loss
of status. This occurred when a man’s condition was changed from one of freedom to one of
bondage, when he became a slave. It swept away with it all rights of citizenship and all family
rights. Capitis Diminutio Media (meaning a medium loss of status through the use of
capitalization, e.g. John DOE) – A lessor or medium loss of status. This occurred where a man
loses his rights of citizenship, but without losing his liberty. It carried away also the family rights.
Capitis Diminutio Minima (meaning a minimum loss of status through the use of capitalization,
e.g. John Doe) - The lowest or least comprehensive degree of loss of status. This occurred
where a man’s family relations alone were changed. It happened upon the arrogation [pride] of a
person who had been his own master, (sui juris,) [of his own right, not under any legal disability]
or upon the emancipation of one who had been under the patria potestas. [Parental authority] It
left the rights of liberty and citizenship unaltered. See Inst. 1, 16, pr.; 1, 2, 3; Dig. 4, 5, 11;
Mackeld. Rom.Law, 144.