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The seizure of property, monies, earnings, receivables belonging to a
debtor that are in the hands of a third party.
Official Government (both Provincial and Federal) publication in which
public notices and statutory regulations are advertised. Published by
To increase by subsequent bidding by an individual with effect of annulling
any previous offer.
Security Agreement (GSA):
A contract under which all the personal property of a debtor is pledged
as security to a lender.
A device used in wills and trusts to provide for the gift of property
to a second recipient if a certain event occurs, such as the death of
the first recipient. For example, I give you my car but on your death
you must give it to your child; that is a gift over to the benefit of
Good Samaritan Law or Doctrine:
a legal principle that prevents a rescuer who has voluntarily helped a victim in distress from being successfully sued for 'wrongdoing.' Its purpose is to keep people from being so reluctant to help a stranger in need for fear of legal repercussions if they made some mistake in treatment.
That value attributed to a business that is not tangible, but arises from
the reputation, expertise, service or some other intangible that attaches
to the business and makes it have more worth than just the value of its
An American criminal justice procedure whereby, in each court district,
a group of 16-23 citizens hold an inquiry on criminal complaints brought
by the prosecutor and decide if a trial is warranted, in which case an
indictment is issued. If a Grand Jury rejects a proposed indictment it
is known as a "no bill"; if they accept to endorse a proposed
indictment it is known as a "true bill".
Any action or an omission in reckless disregard of the consequences to
the safety or property of another. Sometimes referred to as "very
great negligence" and it is more then just neglect of ordinary care
towards others or just inadvertence. Also known as the Latin term culpa
A person who pledges collateral for the contract of another or who guarantees
to pay a certain debt of a debtor if the debtor defaults.
A guardian appointed to assist an infant or other mentally incapable defendant
or plaintiff, or any such incapacitated person that may be a party in
a legal action.
Latin: a court petition which orders that a person being detained be produced
before a judge for a hearing to decide whether the detention is lawful.
Habeas corpus was one of the concessions the British Monarch made in the
Magna Carta and has stood as a basic individual right against arbitrary
arrest and imprisonment.
A person who is convicted and sentenced for crimes over a period of time
and even after serving sentences of incarceration, demonstrates a propensity
towards criminal conduct.
Unsolicited words or conduct which tend to annoy, alarm or abuse another
Any evidence that is offered by a witness of which they do not have direct
knowledge but, rather, their testimony is based on what others have said
A will written entirely in the testator's handwriting and not witnessed.
The taking of a life by act or omission.
During an examination-in-chief, a lawyer is not allowed to ask leading
questions of their own witness. But, if that witness openly shows hostility
against the interests (or the person) that the lawyer represents, the
lawyer may ask the court to declare the witness "hostile", after
which, as an exception of the examination-in-chief rules, the lawyer may
ask their own witness leading questions.
A jury is required to make a unanimous or near unanimous verdict. When
the jurors, after full debate and discussion, are unable to agree on a
verdict and are deadlocked with differences of opinion that appear to
be irreconcilable, it is said to be a "hung jury". The result
is a mistrial.
A special right that married persons have to keep communications between
them secret and even inaccessible to a court of law. It has always been
held to be lifted where one spouse commits a crime on the other. Similar
to the client-solicitor privilege.
To mortgage or pledge without delivery of title or possession. To place
or leave an item of property in the custody of another.
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