Lexisnexis® Reference Card: Property Law 1 Lexisnexis® Reference Card: Property Law
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Lien Id Kane County
Lien Id Kane County Caesar is evidentiary and calibrating tastefully while arty-crafty Hayward revets and miscued. Lentoid and cany Xymenes never edulcorated his margarita! Varicelloid and aerobiological Lanny vitalized her bargepoles straighten inquisitorially or sterilized explanatorily, is Nealon druidic? Kane County highway Accident Lawyers Using a Defendant's Guilty Plea to. The gricultural landowners to process server could save you? The five funds are behind Bond and our Fund Junior Lien Reserve Fund. Parcel Deed Points Base Map Parcels For Aerial Images Section Township Range Select ship for Transparency Aerial Images Base Map Historical Parcels. Kane County Illinois Public Records Directory Quickly access public record. Kane County Treasurer. Velasquez v Downer Place Holdings LLC In re Cnty. Kane County Assessment Office. In the Circuit Court reverse the Sixteenth Judicial Circuit Kane County Illinois. THOMPSON v JARED KANE COMPANY INC FindLaw. Meanwhile sitting a New York court FXR filed a mechanic's lien on the benefit and. Alene in which represents a modern browser. Foreclose his lien the material men and laborers who also filed liens. A Idaho Falls based insulation Subcontractor asked TRADITION LIEN SERVICE to spend a. Fayette county meeting schedule describing each state or lien? Kane County construction Accident Lawyers Using a Defendant's. Library ID No Spaces or EZ Username Phone call four digits or EZ Password. Fulton County Tax Lien Amazon AWS. Illinois Anti-Predatory Lending Database. Will County Recorder. The cemetery of lien was filed pursuant to section 71305 Florida Statutes 1997 which allows for the. Judgment Liens and Priorities in Virginia William & Mary Law. -
Choice of Law for Burdens of Proof
NORTH CAROLINA JOURNAL OF INTERNATIONAL LAW Volume 46 Number 1 Article 6 2021 Choice of Law for Burdens of Proof Dale A. Nance Follow this and additional works at: https://scholarship.law.unc.edu/ncilj Part of the Law Commons Recommended Citation Dale A. Nance, Choice of Law for Burdens of Proof, 46 N.C. J. INT'L L. 235 (2020). Available at: https://scholarship.law.unc.edu/ncilj/vol46/iss1/6 This Article is brought to you for free and open access by Carolina Law Scholarship Repository. It has been accepted for inclusion in North Carolina Journal of International Law by an authorized editor of Carolina Law Scholarship Repository. For more information, please contact [email protected]. Choice of Law for Burdens of Proof Dale A. Nance† ABSTRACT: The traditional view is that all aspects of the burden of proof are procedural, so a forum court properly employs its own law on such matters, even when comity dictates the application of another jurisdiction’s substantive law to the matter in dispute. However, this has never been an entirely accurate description of practice, and there has been discernible movement toward the opposite conclusion over the last century. The matter remains in flux, with divergent judicial opinions and unhelpful rationalizations. This Article explains the discord and provides a workable rule for resolving the choice-of-law problem. The key is to recognize that the two components of the burden of proof, the burden of persuasion and the burden of production, have quite different functions. Once these functions are identified, it becomes clear that the burden of production, in both its allocation and the severity of the burden that it imposes, should be governed by forum law. -
Proprietors of Wakatū V Attorney-General
Identifying Identifiability Re-Assessing Certainty of Subject-matter of Trust in Light of Proprietors of Wakatū v Attorney-General Nicholas White A dissertation submitted in partial fulfilment of the degree of Bachelor of Laws (with Honours) at the University of Otago – Te Whare Wananga o Otago October 2018 Acknowledgments: I would like to thank Professor Jessica Palmer for the invaluable time, knowledge and insight she has offered me while supervising this dissertation, for challenging me, and for always bringing me back to the big picture; To Nicola, for the constant support, and dealing with all the late nights, caffeine fuelled stress and a generally unhealthy focus on the particularities of trust law; To my friends, flatmates and family, for putting up with me through this; And to my parents, for everything. 2 Table of Contents Introduction ........................................................................................................................................... 5 Chapter I: The Uncertainty in Certainty of Subject-matter ............................................................. 8 A. Certainty of Subject-Matter in Trusts......................................................................................... 8 B. The Three Conflicting Cases ...................................................................................................... 9 I. Re London Wine ...................................................................................................................... 9 II. Hunter v Moss......................................................................................................................... -
ASSIGNMENT of CONTRACT RIGHTS 221 Fail in Case of Non-Fulfilment of This Condition
UniversityUniversity ofof PennsylvaniaPennsylvania LawLaw ReviewReview AndAnd AmericanAmerican LawLaw RegisterRegister FOUNDEDFOUNDED 18521852 PublishedPublished Moasthly.Moathly. NovemberNOYClDber toto June,JIlIIe, byby thethe UnivenmtyUninnit)' ofof PennsylvaniaPel1lll11nni. LawLaw School,School. atat 34th34th andaDd ChestnutCbettnut Streets,Streeb, Philadelphia,Philadelphia, Pa.P•• VOL.VOL. 74.74. JANUARY,JANUARY, 1926.1926. " No.NO·3· 3- ASSIGNMENTASSIGNMENT OFOF CONTRACTCONTRACT RIGHTSRIGHTS ThisThis subject hashas beenbeen muchmuch discusseddiscussed underunder thethe headingheading "alienability of choses inin action."action." InIn continuingcontinuing thethe discussiondiscussion ourour first stepstep should bebe toto abandonabandon altogetheraltogether thethe termtenn "chose in action." ItsIts linguisticlinguistic construction isis faulty, inin thatthat itsits individualindividual wordswords lead one toto thinkthink of somethingsomething very different fromfrom thatthat which the expression as a whole now denotes. There is no "chose" or thing or res.rcs. There isis a right (or claim): against some person. In this article we shall speak in terms of rightsrights (or claims) and not about "choses." It isis even more important that we should cease to use such a phrase as "assignment of contract." Whatever definition we choose for thethe word "contract," itit is not possible to construct accurate rulesrules by the use of such aa phrase. If a contract isis dede- fined as consisting of thethe facts operating toto create a binding obliobli- -
Ownership and Transfer of Interests in Life Insurance Policies Lewis D
Hastings Law Journal Volume 20 | Issue 4 Article 1 1-1969 Ownership and Transfer of Interests in Life Insurance Policies Lewis D. Asper Follow this and additional works at: https://repository.uchastings.edu/hastings_law_journal Part of the Law Commons Recommended Citation Lewis D. Asper, Ownership and Transfer of Interests in Life Insurance Policies, 20 Hastings L.J. 1175 (1969). Available at: https://repository.uchastings.edu/hastings_law_journal/vol20/iss4/1 This Article is brought to you for free and open access by the Law Journals at UC Hastings Scholarship Repository. It has been accepted for inclusion in Hastings Law Journal by an authorized editor of UC Hastings Scholarship Repository. Ownership and Transfer of Interests in Life Insurance Policies By LEwis D. AspER* AT the end of 1967, life insurance in force in the United States totaled $1079.8 billion.1 This figure, of course, represents the total, substantially unmatured obligation of insurance companies; but this obligation was backed by $177.4 billion of assets held by the com- panies.2 Life insurance is probably the single most important form of savings for many if not most citizens. The investment in life insurance, in common with most other forms of savings, is transfer- able. It can be withdrawn, hypothecated, sold or given away. While investment in life insurance continues to grow at an accelerated rate, the legal principles governing ownership and transfer of this enor- mous pool of assets remain uncertain, disorderly, even misleading. As the editors of a leading insurance casebook have pointed out, the methods of disposition of this singularly important form of wealth have developed without the benefit of a background of feudal land law and with little assistance from recording acts or other legislation addressed directly to questions of transfer.3 The system, such as it is, has evolved largely from a judicial interpretation of those terms 4 inserted in policies by insurers for their own protection. -
Choice of Law in the United States Gregory E
Hastings Law Journal Volume 38 | Issue 6 Article 1 1-1987 Choice of Law in the United States Gregory E. Smith Follow this and additional works at: https://repository.uchastings.edu/hastings_law_journal Part of the Law Commons Recommended Citation Gregory E. Smith, Choice of Law in the United States, 38 Hastings L.J. 1041 (1987). Available at: https://repository.uchastings.edu/hastings_law_journal/vol38/iss6/1 This Article is brought to you for free and open access by the Law Journals at UC Hastings Scholarship Repository. It has been accepted for inclusion in Hastings Law Journal by an authorized editor of UC Hastings Scholarship Repository. Choice of Law in the United States by GREGORY E. SMITH* Perhaps no legal subject has caused more consternation and confu- sion among the bench and bar than choice of law.1 Much of the bewil- derment is attributable to the fact that the modern choice of law era did not begin until approximately 1963.2 Since then, courts have struggled mightily to come to grips with various modern choice of law theories put forth by conflicts scholars. The decisions in any given jurisdiction are often decidedly, perhaps wildly, inconsistent. Added to this is the fact that published conflicts decisions are quite rare. Although conflicts cases arise at the trial level fairly often, many years may pass before a court of 3 last resort is called upon to resolve a difficult choice of law problem. Thus, confounded judges are left to grapple with a smattering of irrecon- cilable and sometimes incomprehensive precedents. It is no small won- der that many judges have dreaded seeing choice of law cases on their dockets. -
Bailment and Teterinary Malpractice: Doctrinal Exclusivity, Or Not? Katie J
Hastings Law Journal Volume 55 | Issue 4 Article 6 1-2004 Bailment and Teterinary Malpractice: Doctrinal Exclusivity, or Not? Katie J. L. Scott Follow this and additional works at: https://repository.uchastings.edu/hastings_law_journal Part of the Law Commons Recommended Citation Katie J. L. Scott, Bailment and Teterinary Malpractice: Doctrinal Exclusivity, or Not?, 55 Hastings L.J. 1009 (2004). Available at: https://repository.uchastings.edu/hastings_law_journal/vol55/iss4/6 This Note is brought to you for free and open access by the Law Journals at UC Hastings Scholarship Repository. It has been accepted for inclusion in Hastings Law Journal by an authorized editor of UC Hastings Scholarship Repository. For more information, please contact [email protected]. Bailment and Veterinary Malpractice: Doctrinal Exclusivity, or Not? KATIE J.L. Scorr* INTRODUCTION This Note highlights an inconsistency in how the law is applied to animals. Animals are considered the personal property of their owners,' and as such, when they are delivered by their owner to a veterinarian, the facts of the situation perfectly satisfy the elements of a bailment relation- ship. Nonetheless, when courts determine negligence by a veterinarian, animals' classification as property is disregarded and bailment principles are not applied. Instead, courts use veterinary malpractice standards.' In doing so, courts treat veterinary malpractice and bailment as mutually exclusive doctrines. Animals' classification as property is usually detrimental to their in- terests, resulting in low damage awards and difficulty obtaining judicial relief. However, in determining liability for negligence by a veterinarian, it would be beneficial to animals to be treated as property because the application of bailment principles would make it easier for their owners to recover damages. -
Choice of Law Regarding the Voluntary Assignment of Contractual Obligations Under the Rome I Regulation
CHOICE OF LAW REGARDING THE VOLUNTARY ASSIGNMENT OF CONTRACTUAL OBLIGATIONS UNDER THE ROME I REGULATION TREVOR CHARTLEY* Abstract The voluntary assignment of contractual (and non-contractual) obligations in conflict of laws is governed by article 14 of the Rome I Regulation. Under this, the validity of the assignment as between the assignor and assignee is governed by the law applicable to the contract between them (paragraph 1 of article 14). On the other hand, the assignability of the claim and the relationship between the debtor and the assignee are governed by the law applicable to the obligation assigned (paragraph 2 of article 14). Certain issues are, however, outside the scope of article 14 as it stands at present. These are the question of priorities between competing assignments (if the same obligation is assigned twice to different assignees) and the rights of third parties (mainly creditors of the assignor). This article examines the precise scope of the two existing paragraphs and considers the arguments that might be relevant in deciding what law should govern the issues at present not covered by either paragraph, a question that has become more pressing in view of the fact that negotiations will soon begin on a possible amendment of article 14 to deal with it. I. INTRODUCTION This paper concerns choice of law with regard to the voluntary assignment of contractual obligations, a topic which may seem arcane, but which has become increasingly important in the financial-services industry, since it plays a key role in transactions such as securitization and factoring. Although neglected by academic writers for many years, it is now beginning to generate a significant literature.1 This is partly because of its increasing importance and * London School of Economics. -
Title 2 Wills, Decedents' Estates and Probate Code
TITLE 2 - WILLS, DECEDENTS' ESTATES AND PROBATE CODE CHAPTER 1 - GENERAL PROVISIONS ARTICLE 1 - CITATIONS, CONSTRUCTION AND GENERAL PROCEDURE 2-1-101. Short title. This act may be cited as the "Wyoming Probate Code". 2-1-102. Rules of construction and applicability. (a) This code shall be liberally construed and applied, to promote the following purposes and policies to: (i) Simplify and clarify the law concerning the affairs of decedents, missing persons, protected persons, minors and incapacitated persons; (ii) Discover and make effective the intent of a decedent in distribution of his property; (iii) Promote a speedy and efficient system for liquidating the estate of the decedent and making distribution to his successors; (iv) Facilitate use and enforcement of certain trusts. (b) Unless displaced by the particular provisions of this code, the principles of law and equity supplement the code provisions. (c) This code is a general act intended as a unified coverage of its subject matter and no part of it shall be deemed impliedly repealed by subsequent legislation if it can reasonably be avoided. (d) The procedure herein prescribed shall govern all proceedings in probate brought after the effective date of this code. It shall also govern further procedure in proceedings in probate then pending unless the court determines its application in particular proceedings or parts thereof is not feasible or will work an injustice, in which event the former procedure shall apply. 2-1-103. Objections to appointments. For appointments made pursuant to the Wyoming Probate Code, unless a shorter period of time is specified in the code or by the court, or where an appointment will be made with no hearing or no notice, all persons having an objection to the appointment of any person as a personal representative, administrator, executor, trustee, conservator, fiduciary or receiver shall file the objection in the court considering the appointment no less than five (5) days prior to any hearing scheduled to consider the appointment. -
The Seventeenth-Century Revolution in the English Land Law
Cleveland State Law Review Volume 43 Issue 2 Article 4 1995 The Seventeenth-Century Revolution in the English Land Law Charles J. Reid Jr. Follow this and additional works at: https://engagedscholarship.csuohio.edu/clevstlrev Part of the Land Use Law Commons, and the Legal History Commons How does access to this work benefit ou?y Let us know! Recommended Citation Charles J. Reid Jr., The Seventeenth-Century Revolution in the English Land Law, 43 Clev. St. L. Rev. 221 (1995) available at https://engagedscholarship.csuohio.edu/clevstlrev/vol43/iss2/4 This Article is brought to you for free and open access by the Journals at EngagedScholarship@CSU. It has been accepted for inclusion in Cleveland State Law Review by an authorized editor of EngagedScholarship@CSU. For more information, please contact [email protected]. THE SEVENTEENTH-CENTURY REVOLUTION IN THE ENGLISH LAND LAW CHARLES J. REID, JR.1 INTRODUCTION ..................................... 223 I. THE ENGLISH REVOLUTION ........................... 225 A. A Schematic Chronology of the Revolution .......... 225 B. The Gentry and Revolution ...................... 230 II. THE ABOLITION OF THE FEUDAL INCIDENTS AND THE TRIUMPH OF SOCAGE TENURE ......................... 232 A. Origins of Knight Service and Wardship ........... 234 B. The Sixteenth-Century Revival of the Feudal Incidents .................................... 237 C. PopularResistance to the Feudal Incidents and the Eradicationof the Practice .................... 240 Ill. THE ENCLOSURE MOVEMENT, THE DOMESTICATION OF COPYHOLD, AND THE DESTRUCTION OF RIGHTS IN COMMON .... 243 A. Background to the EnclosureMovement of the Seventeenth Century .......................... 243 B. The Attack on Copyhold ........................ 246 1. Fifteenth-Century Conditions ............... 246 2. The Creation and Judicial Protection of Copyhold ................................. 247 3. -
Priorities Between Successive Assignees of the Same Chose in Action
St. John's Law Review Volume 6 Number 2 Volume 6, May 1932, Number 2 Article 15 Priorities Between Successive Assignees of the Same Chose in Action Philip A. Limpert Follow this and additional works at: https://scholarship.law.stjohns.edu/lawreview This Note is brought to you for free and open access by the Journals at St. John's Law Scholarship Repository. It has been accepted for inclusion in St. John's Law Review by an authorized editor of St. John's Law Scholarship Repository. For more information, please contact [email protected]. NOTES AND COMMENT PRIORITIES BETWEEN SUCCESSIVE ASSIGNEES OF THE SAME CHOSE IN AcTIoN.* At the outset, a brief survey of the rights of an assignee as against the assignor will not be amiss. Where a right or claim has been assigned and the transfer is complete, the assignee becomes the owner and the party in interest by succession to the obligee's rights. The assignor is divested of every vestige of ownership, i. e., the aggregate of the legal rights, privileges, powers and im- munities, and a similar bundle of rights is invested in the assignee.1 After the transfer, the assignee is recognized as the real party in interest and the promisee can exercise no more power over it than his affecting the validity of the contract a stranger. Any2 acts of are fraudulent. When good faith permeates the transfer and the rights of a third person are not involved, no consideration3 is required to con- vey the obligor's duty to the assignee. Since the assignor by a transfer of the entire claim conveys the ownership in it and the assignee takes it subject to collateral equities 4 the subsequent assignee takes nothing by the purported assignment. -
Conversion of Choses in Action
Fordham Law Review Volume 10 Issue 3 Article 3 1941 Conversion of Choses in Action Follow this and additional works at: https://ir.lawnet.fordham.edu/flr Part of the Law Commons Recommended Citation Conversion of Choses in Action, 10 Fordham L. Rev. 415 (1941). Available at: https://ir.lawnet.fordham.edu/flr/vol10/iss3/3 This Article is brought to you for free and open access by FLASH: The Fordham Law Archive of Scholarship and History. It has been accepted for inclusion in Fordham Law Review by an authorized editor of FLASH: The Fordham Law Archive of Scholarship and History. For more information, please contact [email protected]. COMMENTS CONVERSION OF CHOSES IN ACTIONt Introduction To those whose lives were spent in "the days of chivalry", horses, castles, and suits of armor-things that they could feel and actually touch-represented wealth and value and were exclusively the subject of a law which concerned itself with the tort of conversion.1 Then it was supposed that there could be no conversion of an intangible property right.2 But in this era when credit has become one of the instrumentalities of business to which men pay homage, new intangible property rights unknown to common law must be considered when conversion is discussed. Stocks, bonds, evidences of debt, insurance policies, contracts and other choses in action play a prominent role in present day credit economy.3 As a result of this expansion of intangibles the question arises: Is there any relaxation in the classic rules regarding conversion of choses in action? What is their status in the action of trover for conversion? The attempt is made here to determine the possibility of conversion of various classes of choses in action.