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Legal Terms - corruption of public morals
Behavior that is "destructive of society's [moral] fabric." Although those who published "directories" of prostitutes or magazine ads urging readers to meet the advertisers for homosexual activities have been found guilty of plotting to pervert public morals, it is unclear whether such acts are illegal. Cases: Knuller Ltd. v. DPP [1973] AC 435 (HL); Shaw v. DPP [1962] AC 220 (HL).
Behavior that is "destructive of society's [moral] fabric." Although those who published "directories" of prostitutes or magazine ads urging readers to meet the advertisers for homosexual activities have been found guilty of plotting to pervert public morals, it is unclear whether such acts are illegal. Cases: Knuller Ltd. v. DPP [1973] AC 435 (HL); Shaw v. DPP [1962] AC 220 (HL).
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Legal Terms - costs pl. n. Amounts due for legal representation. There is a differentiation made between costs associated with contentious and noncontentious situations, or more broadly, between the two types of costs. Typically, a lawyer's expenses are separated into two categories: disbursements, which are any out-of-pocket expenses he may have incurred throughout the case, and profit costs, which show the lawyer's profit and overheads.
The usual rule in civil litigation is that the loser of the case must pay the winner's expenses (this was previously known as costs follow the event). However, the court has broad discretion to make an award regarding the case's costs. The basis for allocating costs will be determined by the court's order. This is the typical basis for adversarial litigation, where the losing party pays a reasonable amount to cover all costs reasonably paid by the winning party (see also INDEMNITY BASIS). The amount of costs payable will be decided by the court or by a *costs officer* if the court does not make an order for payment of fixed costs, which is the sum permitted in respect of lawyers' expenses.
The usual rule in civil litigation is that the loser of the case must pay the winner's expenses (this was previously known as costs follow the event). However, the court has broad discretion to make an award regarding the case's costs. The basis for allocating costs will be determined by the court's order. This is the typical basis for adversarial litigation, where the losing party pays a reasonable amount to cover all costs reasonably paid by the winning party (see also INDEMNITY BASIS). The amount of costs payable will be decided by the court or by a *costs officer* if the court does not make an order for payment of fixed costs, which is the sum permitted in respect of lawyers' expenses.
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Legal Terms - costs draftsman
a legal executive with expertise in creating *bills of costs, as opposed to a licensed solicitor. Some people work for independent firms of cost specialists, while others are employed by law firms.
a legal executive with expertise in creating *bills of costs, as opposed to a licensed solicitor. Some people work for independent firms of cost specialists, while others are employed by law firms.
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Legal Terms – Conveyancing
The process of lawfully establishing, terminating, and transferring ownership of an interest in land is known as conveyancing. The only people who can charge for handling the most crucial aspects of these transactions are licensed conveyancers or practicing solicitors. Contracts for the sale or other disposal of land must be executed in writing in accordance with the Law of Property (Miscellaneous Provisions) Act 1989. In addition to drafting the deeds or other necessary paperwork, some research is typically needed before the transaction can be completed. In England or Wales, the sale and purchase of a residential property typically include the following:
1. The vendor's attorney drafting a contract outlining the conditions of the deal, detailing the property in question, and revealing any *land charges and other interests that would impact the buyer.
2. Typically, the vendor provides a Seller's Property Information Form that includes information about possible issues such boundary disputes, building construction or treatment, adhering to planning authorities' regulations, and responsibility for maintaining shared facilities. If not, the buyer's attorney will deal with these issues through written questions requesting confirmation from the seller.
3. *A formal search conducted by the buyer's attorney in the Local Land Charges Register to make sure the buyer is not bound by any unreported charges. In addition, the local government is requested to provide any further details, including plans to construct additional roads in the vicinity of the land.
4. The buyer's attorney will make sure the money is there when needed if the buyer is taking out a *mortgage to cover the purchase price.
5. After that, the buyer's attorney may work with the vendor's attorney to make changes to the draft contract that will meet the buyer's needs and address issues that arose from the previous investigation and search.
6. The attorneys representing the various parties communicate with one another at every stage of the transaction, especially when setting a deadline for completion, when a series of sales and purchases are interdependent.
7. Following the *exchange of contracts, the parties are obligated legally to purchase and sell, respectively. The buyer will typically thereafter have to pay a
a portion of the purchase price as a down payment to the vendor's attorney.
8. The purchaser's solicitor reviews an epitome or *abstract of title that the vendor's solicitor has prepared and sent to make sure the vendor's title is proven in compliance with the terms of the agreement. In order to do final title checks on the vendor, he searches the *Land Registry or the *Land Charges Department officially as needed. He also raises *requisitions on title, which demand that the vendor remove any flaws or adverse interests that the abstract or search reveals.
9. After the terms have been agreed by the vendor's attorney, the purchaser's solicitor drafts the deed—typically a conveyance, transfer, or assignment—that will allow the property to be transferred to his client. In addition, he makes sure that any mortgage deeds held by the buyer are in order.
10. The purchaser's solicitor makes arrangements with the required parties to guarantee that the money will be accessible on the completion date and makes sure that the required documents will be executed by that date in order to prepare for completion.
11.Upon completion, the original *title deeds from the vendor are compared to the abstract title by the purchaser's solicitor, who then takes possession of them along with the transfer deed. The transaction is then formally concluded when he gives the money.
12.Upon completion, the purchaser's solicitor pays any applicable *stamp duty land tax on behalf of his client and presents the transfer deed to HM Revenue and Customs. When necessary, he also provides formal notice of the transaction; for instance, the lessor is typically required to be informed when a leasehold interest is purchased. The required documents are filed with the Land Registry by the purchaser's solicitor, as the land must be registered upon completion.
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Legal Terms – conviction
(as defined by the Bail Act of 1976): A judgment of *guilty or an acquittal due to insanity in criminal proceedings. A magistrates' court's determination that the defendant committed the alleged offense. 2. Any conclusion (except from one of insanity) made during criminal or care proceedings that a person has committed an offense or carried out the act for which he is charged (for the purposes of the Rehabilitation of Offenders Act 1974).
(as defined by the Bail Act of 1976): A judgment of *guilty or an acquittal due to insanity in criminal proceedings. A magistrates' court's determination that the defendant committed the alleged offense. 2. Any conclusion (except from one of insanity) made during criminal or care proceedings that a person has committed an offense or carried out the act for which he is charged (for the purposes of the Rehabilitation of Offenders Act 1974).
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Legal Terms - cooperation procedure
A procedure introduced by the *Single European Act 1986 that allowed the *European Parliament to impede the adoption of proposed legislation by the *Council of the European Union. If, after a second reading, Parliament voted by an absolute majority to reject the measure, this could only be overturned by a unanimous decision of the Council. The cooperation procedure was extended to new areas of policy by the *Maastricht Treaty but was subsequently repealed by the *Lisbon Treaty, which introduced the *ordinary legislative procedure
A procedure introduced by the *Single European Act 1986 that allowed the *European Parliament to impede the adoption of proposed legislation by the *Council of the European Union. If, after a second reading, Parliament voted by an absolute majority to reject the measure, this could only be overturned by a unanimous decision of the Council. The cooperation procedure was extended to new areas of policy by the *Maastricht Treaty but was subsequently repealed by the *Lisbon Treaty, which introduced the *ordinary legislative procedure
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Legal Terms – Conversion
Conversion is the tort of wrongfully handling someone else's property in a way that results in the owner's rights being denied or rights that are contradictory with the owner's being asserted. Acts of conversion include stealing items, mishandling them, destroying them, or refusing to give them back. Under the Torts (Interference with Goods) Act of 1977, simple negligence that results in the loss or destruction of goods provides a basis for responsibility rather than conversion under common law. Contractual rights and other intangible property are not covered by the tort (OBG Ltd v Allan [2007] UKHL 21, [2008] 1 AC 1). In a conversion case, the claimant must demonstrate that, at the time of the defendant's wrongdoing, he was the rightful owner, possessor, or possessor of the commodities in question (see The defendant's innocence is not a defense, with a few notable exceptions. 2. (in equity) The transformation of one type of property into another, whether true or imagined. When land is sold, for instance, the people who are entitled to the money instead have an interest in the money that symbolizes the land. It was crucial to determine whether a person entitled to property had interests in land or in the revenues of its sale before 1926 (and to a lesser extent after then). To leave the assessment of these rights up to the moment of a sale could have resulted in unfairness and uncertainty. According to the doctrine of conversion, equity would presume that the property had been converted immediately if there was an obligation to do so: "equity looks on that as done which ought to have been done". The Trusts of Land and Appointment of Trustees Act 1996 eliminated this theory, effective January 1, 1997.
Conversion is the tort of wrongfully handling someone else's property in a way that results in the owner's rights being denied or rights that are contradictory with the owner's being asserted. Acts of conversion include stealing items, mishandling them, destroying them, or refusing to give them back. Under the Torts (Interference with Goods) Act of 1977, simple negligence that results in the loss or destruction of goods provides a basis for responsibility rather than conversion under common law. Contractual rights and other intangible property are not covered by the tort (OBG Ltd v Allan [2007] UKHL 21, [2008] 1 AC 1). In a conversion case, the claimant must demonstrate that, at the time of the defendant's wrongdoing, he was the rightful owner, possessor, or possessor of the commodities in question (see The defendant's innocence is not a defense, with a few notable exceptions. 2. (in equity) The transformation of one type of property into another, whether true or imagined. When land is sold, for instance, the people who are entitled to the money instead have an interest in the money that symbolizes the land. It was crucial to determine whether a person entitled to property had interests in land or in the revenues of its sale before 1926 (and to a lesser extent after then). To leave the assessment of these rights up to the moment of a sale could have resulted in unfairness and uncertainty. According to the doctrine of conversion, equity would presume that the property had been converted immediately if there was an obligation to do so: "equity looks on that as done which ought to have been done". The Trusts of Land and Appointment of Trustees Act 1996 eliminated this theory, effective January 1, 1997.
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Legal Terms - conveyance
n. 1. a. A document (other than a will) that transfers an interest in land. To convey a legal estate in land, the conveyance must be by deed. b. Transfer of an interest in land by means of this document.. 2. Any vehicle, vessel, or aircraft manufactured or subsequently adapted to carry a driver. It is a statutory offence punishable by up to six months’ imprisonment and a fine, for anyone to take a conveyance for his own or someone else’s use (albeit temporary) without the owner’s consent or to drive or be transported in a conveyance knowing that it has been taken without consent (Theft Act 1968 s 12). The meaning of “conveyance” does not include pedal cycles or rowing boats.
n. 1. a. A document (other than a will) that transfers an interest in land. To convey a legal estate in land, the conveyance must be by deed. b. Transfer of an interest in land by means of this document.. 2. Any vehicle, vessel, or aircraft manufactured or subsequently adapted to carry a driver. It is a statutory offence punishable by up to six months’ imprisonment and a fine, for anyone to take a conveyance for his own or someone else’s use (albeit temporary) without the owner’s consent or to drive or be transported in a conveyance knowing that it has been taken without consent (Theft Act 1968 s 12). The meaning of “conveyance” does not include pedal cycles or rowing boats.
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Legal Terms - Convention right
Any right mentioned in the *Human Rights Act 1998 that is safeguarded by the *European Convention on Human Rights. An issue in a lawsuit pertaining to a right under the Convention is considered "engaged" when it comes up. The Human Rights Act is applicable throughout the United Kingdom, but it also protects Convention rights in Northern Ireland, Scotland, and Wales through laws enacted in 1998 that established the devolved authorities in those nations. The Northern Ireland Act, Scotland Act, and Government of Wales Act have clauses that guarantee any action taken by these authorities that infringes upon any right under the Convention is illegal. Compared to the Human Rights Act, this protection is broader since it gives the courts the authority to reject laws or regulations created by the devolved entities.
Any right mentioned in the *Human Rights Act 1998 that is safeguarded by the *European Convention on Human Rights. An issue in a lawsuit pertaining to a right under the Convention is considered "engaged" when it comes up. The Human Rights Act is applicable throughout the United Kingdom, but it also protects Convention rights in Northern Ireland, Scotland, and Wales through laws enacted in 1998 that established the devolved authorities in those nations. The Northern Ireland Act, Scotland Act, and Government of Wales Act have clauses that guarantee any action taken by these authorities that infringes upon any right under the Convention is illegal. Compared to the Human Rights Act, this protection is broader since it gives the courts the authority to reject laws or regulations created by the devolved entities.
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Legal Terms – contribution
The payment made by each of two or more people in respect of damage or a loss for which they are jointly liable. When two or more parties are jointly accountable for the same damages in a tort case and the victim has received compensation from one of the parties, the victim may pursue claims against the other tortfeasors. Any individual who has suffered a general-average loss is entitled to contributions from other parties having an interest in the property.
The payment made by each of two or more people in respect of damage or a loss for which they are jointly liable. When two or more parties are jointly accountable for the same damages in a tort case and the victim has received compensation from one of the parties, the victim may pursue claims against the other tortfeasors. Any individual who has suffered a general-average loss is entitled to contributions from other parties having an interest in the property.
