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Legal Terms - charge:
1. A formal criminal accusation, typically made following *interrogation at the police station. The *Crown Prosecution Service will typically decide whether to charge a suspect. 2. Juror instructions from a judge. When a trial is started, the defendant is also said to be placed under the charge of the jury.
3. A fair or lawful
interest in real estate, guaranteeing the money transfer. It grants priority over claims made by unsecured creditors against the debtor to the creditor in whose favor the charge is formed (the chargee), who is entitled to payment from the income or proceeds of the sale of the land charged. The only legitimate legal charges allowed by the Law of Property Act 1925 are: (1) a rent charge that is payable immediately, for a set amount of time, or indefinitely; (2) a charge made through a legal mortgage; and (3) specific charges arising under statute (such as those under the Charging Orders Act 1979). The remaining ones are considered equitable interests. Legal mortgages and *equitable charges over unregistered land must be registered as land charges unless the mortgagee or chargee holds the title deeds as security. All mortgages and charges over registered land must be registered in order to be enforceable against purchases of the land ). 4. A claim made on corporate assets by a creditor (such as the holder of a *debenture) to protect the debt. In compliance with chapter A1 of part 25 of the Companies Act 2006, charges have to be registered at Companies House. As of April 13, 2013, Chapter A1 allows for the electronic submission of charges and presents an exemption-based approach. When a fixed charge is in place, it restricts the company's ability to deal with certain assets (such real estate, equipment, and machinery) without the lender's permission. A floating charge "floats" over all of the company's assets until *crystallization, at which point it does not instantly connect to any one asset. This kind of charge is appropriate for current assets (such as cash and stock in trade), whose prices must inevitably vary. Up to this point, the corporation is free to deal with these assets as it sees fit (Re Yorkshire Woolcombers Association Ltd [1903] 2 Ch 284). The creditor may seize the outstanding money in line with the conditions of the charge in the event that the company fails to make payments on the debt. In the event that the business enters liquidation,fixed-charge creditors will be paid before floating-charge creditors in accordance with the Insolvency Act of 1986. Upon sharing, a charge may also be generated. For instance, the company's articles of association typically grant it a *lien for unpaid *calls. Additionally, members of the company may charge their shares to satisfy a debt owed to a third party by depositing the *share certificate or by fully transferring the shares with an agreement to retransfer them upon repayment of the debt.
chargeable profit The portion of the gain that is liable to *capital gains tax (or corporation tax in the case of a company) upon the *disposal of a chargeable asset. The Taxation of Chargeable Gains Act of 1992's adjustments are applied before deducting the purchase cost from the selling profits to determine the chargeable gain.
1. A formal criminal accusation, typically made following *interrogation at the police station. The *Crown Prosecution Service will typically decide whether to charge a suspect. 2. Juror instructions from a judge. When a trial is started, the defendant is also said to be placed under the charge of the jury.
3. A fair or lawful
interest in real estate, guaranteeing the money transfer. It grants priority over claims made by unsecured creditors against the debtor to the creditor in whose favor the charge is formed (the chargee), who is entitled to payment from the income or proceeds of the sale of the land charged. The only legitimate legal charges allowed by the Law of Property Act 1925 are: (1) a rent charge that is payable immediately, for a set amount of time, or indefinitely; (2) a charge made through a legal mortgage; and (3) specific charges arising under statute (such as those under the Charging Orders Act 1979). The remaining ones are considered equitable interests. Legal mortgages and *equitable charges over unregistered land must be registered as land charges unless the mortgagee or chargee holds the title deeds as security. All mortgages and charges over registered land must be registered in order to be enforceable against purchases of the land ). 4. A claim made on corporate assets by a creditor (such as the holder of a *debenture) to protect the debt. In compliance with chapter A1 of part 25 of the Companies Act 2006, charges have to be registered at Companies House. As of April 13, 2013, Chapter A1 allows for the electronic submission of charges and presents an exemption-based approach. When a fixed charge is in place, it restricts the company's ability to deal with certain assets (such real estate, equipment, and machinery) without the lender's permission. A floating charge "floats" over all of the company's assets until *crystallization, at which point it does not instantly connect to any one asset. This kind of charge is appropriate for current assets (such as cash and stock in trade), whose prices must inevitably vary. Up to this point, the corporation is free to deal with these assets as it sees fit (Re Yorkshire Woolcombers Association Ltd [1903] 2 Ch 284). The creditor may seize the outstanding money in line with the conditions of the charge in the event that the company fails to make payments on the debt. In the event that the business enters liquidation,fixed-charge creditors will be paid before floating-charge creditors in accordance with the Insolvency Act of 1986. Upon sharing, a charge may also be generated. For instance, the company's articles of association typically grant it a *lien for unpaid *calls. Additionally, members of the company may charge their shares to satisfy a debt owed to a third party by depositing the *share certificate or by fully transferring the shares with an agreement to retransfer them upon repayment of the debt.
chargeable profit The portion of the gain that is liable to *capital gains tax (or corporation tax in the case of a company) upon the *disposal of a chargeable asset. The Taxation of Chargeable Gains Act of 1992's adjustments are applied before deducting the purchase cost from the selling profits to determine the chargeable gain.
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Legal Terms - chargé d’affaires
the second-ranking member of the delegation of an embassy in most cases. When the principal diplomat is not present, it is his or her responsibility to assume command (therefore the term) of the diplomatic mission and its grounds
the second-ranking member of the delegation of an embassy in most cases. When the principal diplomat is not present, it is his or her responsibility to assume command (therefore the term) of the diplomatic mission and its grounds
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Legal Terms -charge sheet
a record that a police station officer uses to document a suspect's allegations. It typically includes his name and the names of the people who are accusing him, so they can sign the document.
a record that a police station officer uses to document a suspect's allegations. It typically includes his name and the names of the people who are accusing him, so they can sign the document.
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Legal Terms - charging clause
A clause in a trust entitling a trustee to charge for his services. When a solicitor or some other professional person is appointed trustee, he is usually authorized to charge for his services. In the absence of such a clause, and subject to there being no contrary intention expressed, the Trustee Act 2000 (s 29) enables the reasonable remuneration of professional trustees (except sole trustees or charitable trustees).
A clause in a trust entitling a trustee to charge for his services. When a solicitor or some other professional person is appointed trustee, he is usually authorized to charge for his services. In the absence of such a clause, and subject to there being no contrary intention expressed, the Trustee Act 2000 (s 29) enables the reasonable remuneration of professional trustees (except sole trustees or charitable trustees).
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Legal Terms – Cestui Que Vie
cestui que vie [Norman French, from cestui à que vie, he for whose life] A person for whose life an interest in property is held by another person.
cestui que vie [Norman French, from cestui à que vie, he for whose life] A person for whose life an interest in property is held by another person.
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Legal Terms - chain of executorship (chain of representation)
A provision found in Section 7 of the Administration of Estates Act 1925 that designates an executor who was also a lone or surviving executor to serve as the testator's executor upon the latter's death. Therefore, if A names B as his sole executor and B names C as his own executor, then if A dies and B dies later after obtaining a grant of probate for A's will, then C becomes the executor of both A and B after obtaining a grant of probate for B's will. The failure of a testator to name an executor or to get probate breaks the chain. The rule does not apply to an administrator or intestacy.
A provision found in Section 7 of the Administration of Estates Act 1925 that designates an executor who was also a lone or surviving executor to serve as the testator's executor upon the latter's death. Therefore, if A names B as his sole executor and B names C as his own executor, then if A dies and B dies later after obtaining a grant of probate for A's will, then C becomes the executor of both A and B after obtaining a grant of probate for B's will. The failure of a testator to name an executor or to get probate breaks the chain. The rule does not apply to an administrator or intestacy.
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Legal Terms - chain of title
The subsequent documents that convey *real property, starting with the grant or other source and extending to the individual making the title claim.
The subsequent documents that convey *real property, starting with the grant or other source and extending to the individual making the title claim.
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Legal Terms - challenge to jury
a process via which the parties can contest the jury's makeup prior to the jury being sworn in. A challenge may previously be made for cause or peremptory, meaning there was no justification for it. The Criminal Justice Act of 1988 eliminated peremptory challenges; nonetheless, in some situations, the prosecution might have the right to request that a juror "stand by" when he is about to take the oath. Usually, this is the case where either
In a case involving terrorism or national security, either (a) the defense concurs with the prosecution that a juror is completely unfit, or (b) the Attorney General has mandated a security check on the jury. Any party may file a cause challenge. This could apply to the jury summoning process as a whole (e.g., bias or favoritism on the part of the jury summoning officer) or to the polling, where challenges can be made to certain jurors or the entire panel. Just before to the juror being sworn in, there is an opportunity for a challenge for cause. This challenge may be based on the juror's lack of qualifications or potential bias. The trial judge hears any challenge to jurors for cause.
a process via which the parties can contest the jury's makeup prior to the jury being sworn in. A challenge may previously be made for cause or peremptory, meaning there was no justification for it. The Criminal Justice Act of 1988 eliminated peremptory challenges; nonetheless, in some situations, the prosecution might have the right to request that a juror "stand by" when he is about to take the oath. Usually, this is the case where either
In a case involving terrorism or national security, either (a) the defense concurs with the prosecution that a juror is completely unfit, or (b) the Attorney General has mandated a security check on the jury. Any party may file a cause challenge. This could apply to the jury summoning process as a whole (e.g., bias or favoritism on the part of the jury summoning officer) or to the polling, where challenges can be made to certain jurors or the entire panel. Just before to the juror being sworn in, there is an opportunity for a challenge for cause. This challenge may be based on the juror's lack of qualifications or potential bias. The trial judge hears any challenge to jurors for cause.
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Legal Terms- Chambers
chambers pl. n. 1. The offices occupied by a barrister or group of barristers. (The phrase is also used to refer to a group of barristers who work out of a designated chamber.) 2. A judge, master, or district judge's private office. The public is not permitted to attend the majority of *interim procedures, which take place in private chambers. However, if the case is one of public importance, the judge may render a decision in public. 3. An alternate to the entire 15-member court that consists of a three-judge panel of the *International Court of Justice. One instance of the chambers being used is in the Gulf of Maine Case [1984] ICJ Rep 246.
chambers pl. n. 1. The offices occupied by a barrister or group of barristers. (The phrase is also used to refer to a group of barristers who work out of a designated chamber.) 2. A judge, master, or district judge's private office. The public is not permitted to attend the majority of *interim procedures, which take place in private chambers. However, if the case is one of public importance, the judge may render a decision in public. 3. An alternate to the entire 15-member court that consists of a three-judge panel of the *International Court of Justice. One instance of the chambers being used is in the Gulf of Maine Case [1984] ICJ Rep 246.
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Legal Terms- Chancellor of the Exchequer The minister who, as political head of the Treasury, is responsible for government monetary policy, raising national revenue (particularly through taxation), and controlling public expenditure in the UK. Each year he or she presents to Parliament a Budget (usually in March) proposing changes in revenue and taxation and a statement (in November) proposing government expenditure.
