Warranty

Warranty is a guarantee, or security. An express or implied statement of something, which the party undertakes shall be part of a contract, and though part of the contract, yet collateral to the express object of it.  A promise from a vendor to a purchaser, that the thing sold is the vendor's to sell and is good and fit for use, or at least for such use as the purchaser intends to make of it.  As applied to lands, its is defined to be a covenant real annexed to lands or tenements, whereby a man and his heirs are bound to warrant the same; a promise or covenant by deed by the bargainer for himself and his heirs, to warrant or secure the bargainer and his heirs against all men for the enjoyment of the thing granted.

The general rule of law applicable to all sales of goods is that the buyer buys at his own risk, caveat emptor, unless the vendor give an express warranty, or unless the law imply a warranty from the nature of the thing sold and the circumstances of the sale; or unless the vendor have been guilty of fraudulent representation or concealment in regard to the thing sold.

Misrepresentation

Misrepresentation is a matter of substance essential material to the subject, whether by acts or by words, by maneuvers or by positive assertions whereby a person is misled and injured a perpetrated.  It is immaterial whether the misinterpret knew the matter to be false, or asserted it without knowing if it were true or false; for the affirmance of that which is not known to be true is as unjustifiable as the assertion of that which is known to be false, since it is equally a means of deception.  But equity would not relieve, if the misrepresentation were of a trifling or immaterial thing, or if the other party did not trust to it, or was not misled by it, or if it were vague and inconclusive in its own nature, or if it were upon a matter of opinion or fact equally open to the inquiries of both parties, and in regard to which neither could be presumed to have confided in the other, for vigilantibus, non-dormientibus, aquitas subvenit, Equity cannot indemnify a person from the consequences of indolence and folly, or of careless indifference and neglect of easily accessible means of information.

Delicit

At Roman law, a wrongful act, equivalent generally to the common law tort.  An alternative term, found in the Institutes of Justinian, is maleficium.  The Roman delicts were furtum or theft of movable; vibonorum raptorum, theft with violence, injuriae, insult or other injury to the personality; and damnum injuria datum, damage to movable property.

Besides these definite torts, there wee other nominate torts culminating in dolus which would cover all international wrong doing which could not be brought under another category.

A delicit created an obligation ex delicto.  The latter term is used at the common law as the equivalent of the adjective tortious.  Delicits at Roman law were ofter also crimes.  The penal sanction was sometimes alternative and sometimes cumulative.

In modern civil law, the words derived from the Latin delictum (Fr. delit; Ital, delitto; sp. delito) usually denotes a penal offence of the second or lower degree, less than a crime and more than a contravention.

Cypres

Cypres means near to it. Where a donor has in fact prescribed a particular mode of application and that mode is incapable of being performed but the donor had a charitable intention which transcended the particular mode of application prescribed, the court can carry out the charitable intention as thought the particular direction had not been expressed at all.  The principle does not apply where the particular mode of application was the essence of  his intention.

It is one of the cardinal rules governing execution of charitable trusts that the intention of the donor must be observed and is never allowed to defeat it.  The principle on which the doctrine of cypress rests is that the Court treats charity in the abstract as the substance of the gift and the particular disposition as the mode, so that in the eye of the court the gift not withstanding that the particular disposition may not be capable of execution subsists as a legacy which never fails and cannot lapse.  If the intention cannot be executed literally, another mode may be adopted consistent with the general intention of the author.

Burden of proof

Burden of proof  (legal)- In a civil case the duty of convincing a judge or jury by preponderance of evidence that an allegation, or all the allegations, necessary to obtain a judgement is true.  In a criminal case it is the duty of establishing the guilt of the accused beyond a reasonable doubt.

The ultimate burden of proof always resets on the plaintiff or the counter claimant in the civil case and on the State in a criminal one.  The term is, however, also used for the duty of going forward with new evidence at any state in a civil action, when sufficient evidence has been adduced by either side to give that side a preponderance for the time being.  This duty of going forward with evidence shifts from time to time and it is this which is meant when it is said that the burden of proof shifts.

Garnishment

Garnishment is a warning of notice given to a person furnish the court with information to a case before it; or to inter plead with the plaintiff. But the term is now generally used in connection with the attachment of  debts in the hands of a third party.

Garnishment is a peculiar mode of redress, power being thereby given to a judgement creditor to attach debts due from any third person, called the garnishee, to the judgement creditor, such third party has full opportunity allowed him for showing cause against an order on him by a judge to pay such debt to the judgement -creditor.  and his liability if disputed may be tried in suit by the judgement-creditor against the garnishee.  Should a lien be suggested by the garnishee on the debt sought to be attached, the party claiming such lien may be ordered to appear before the judge and state the nature and particulars of his claim upon the debt.  After due investigation of the matter the judge may order execution to levy the amount due from the garnishee to other order as he shall think fit.  Broom's Commercial Law.

License | Licence

License or Licence is a power of authority to do some act which without such authority could not lawfully be done; it is a personal liberty to the party to whom it is given which cannot be transferred over, but it may be made to a man or his assigns, etc.

Where no person grants to another, or to a definite number of other persons, a right to do, or continue to do, in or upon the immovable property of the grantor, something which would, in the absence of such right, be unlawful, and such right does not amount to an easement or an interest in the property, the right is called a license.

Accessory licenses - All licenses necessary for the enjoyment of any interest, or the exercise of any right, are implied in the constitution of such interest or right. Such licenses are called accessory licenses. A sells the tree growing on his land to B. B is entitled to go on the land and take away the trees.

Replevin

Replevin is defined as a re-delivery to the owner of his cattle or goods distrained upon any cause, upon surety that he will prosecute the action against him that distrained which action is then denominated an action of replevin.  The action is a personal action is then denomination an action of replevin. The action is a personal action ex delicto, and its object is to contest the validity of the unlawful taking by distress.  Replevin is brought if the party from whom the goods were taken wishes to have them back in specie.  But if he prefers to have damages instead, the validity of the distress may be contested by an action of trespass or unlawful distress.  The replevisor, or party who is said to replevy, in not the party who delivers back, but the party who takes back his goods. Pledges were put in by the party replevying to prosecute his action, and to return the goods if the action were decided against him.  In the action of replevin the plaintiff's declaration states in general terms the takings of the goods.  If the defendant insists that the goods were lawfully taken by him in his own right, the pleading is called an avowry; if in the right of another, it is called a cognizance.  The defendant also may claim a return of goods, so that both parties are regarded as actors or claimants seeking redress.  The plaintiff's next pleading is called a plea in bar, and that of the defendant a replication.  If the judgement is for the plaintiff, it awards damages for the unlawful taking; if for the defendant, it is that he have a return of the goods taken.

Inheritance

Title to lands and tenants by descent. An estate of inheritance is an estate in lands and tenements to a man and his heirs; the word inheritance is not only intended where a man has lands or tenements by descent or heritage, but also every free simple or fee tail, which a person has by purchase, may be said to be an inheritance, because his heirs may inherit it after him. One may have an inheritance by creation, as in the case of the king's grant of peerage, by letters patent, etc. Corporeal or handled; incorporeal inheritance are rights issuing out of, annexed to, or exercised with, corporeal inheritances, as advowsons tithes, annuities, offices, commons, franchise, privileges, services, etc. There is also several inheritance, which is where two or more hold lands severally; if two men have lands given to them and the heirs of their two bodies, these have a joint estate during their lives, but their have several inheritances. Goods and chattels cannot be turned into an inheritance.

Cannons of inheritance are the rules directing the decent of real property throughout the lineal and collateral consanguinity of the owner dying intestate, who is technically called the purchaser.

Joint and separate estates

In the case of partners the assets of the partnership are called the joint estate and the private estates of the individual partners are called the joint estate and the private estates of the individual partners are called their separate estates.  Where either partnership or any individual partner is bankrupt, the rule of administration is this-the joint or partnership debts are to be paid first out of the separate estates; and then the leaving of the joint estate or of the separate go to further satisfy the part satisfied creditors, joint going to separate, and separate, and separate to joint, But a creditor holding a joint and several security has his option to rank in the first instance, either as a separate creditor or as a joint one. And to prove accordingly.

Hereditaments

Every kind of property that can be inherited, i.e., all such immovable things, whether corporeal or incorporeal, which a man may have to him and his heirs by way of inheritance, and which, it they are  not otherwise devised, descend to him that is next heir, and fall not to the executor as chattels do.  It is a word of very great extent comprehending whatever may be inherited or come to the heir, be it real personal or mixed, and though it is not holden, or lies not in tenure.  By the grant of hereditaments in conveyance, manors, houses, and lands of all sorts, rents services, advowsons, etc. 

Herditaments are corporeal and incorporeal.   Corporeal consist of such as affect the senses; such as may be seen and handled by the body; in fact they mean the same thing as land.  Incorporeal are not the object of sensation, can neither be seen nor handled, are creatures of the mind, and exist only in contemplation; such as rights and profits annexed to issuing out if concerning or exercisable with land; they are not the things corporate themselves, but something collateral thereto.

Force

A person is said to use force to another if he causes motion, change of motion, or cessation of motion to that other, or if he causes to any substance such motion, exchange of motion as brings that substance into contract with any part of that others body, or with anything which that other is wearing or carrying, or with anything so situated that such contract affects that others sense of feeling; provided that the person causing the motion, or change of motion, or cessation of motion, in one of the three ways hereinafter described: 1. By his own bodily power 2. By disposing any substance in such a manner that the motion, or change, or cessation of motion, takes place without any further act on his part or on the part of any other person. 3. By including any animal to move to change its motion, or to cease to move.

Criminal force- Whoever intentionally uses force to any person without that persons consent, in order to the committing of any offense, or intending by the use of such force to cause, or knowing it to be likely that by the use of such force, he will cause, injury fear or annoyance to the person to whom the force is used, is said to use criminal force to that other.

Easement

For the purpose of the Limitation Act, easement includes also a right, not arising from contract, by which one person is entitled to remove and appropriate for his own profit any part of the soil belonging to another, or anything growing in, or attached to or subsisting upon, the land of another.

Acquisition of the right to easements - Where the access and use of light or air to and for any building have been peaceably enjoyed therewith as an easement, and as of right, without interruption, and for twenty years, and where any way of watercourse, or the use of any water, or any other easement (whether affirmative or negative), has been peaceably and openly enjoyed by any person claiming title thereto, as an easement, and as of right, without interruption and for twenty years, the right to such access and use of light or airway watercourse, use of water, or other easement shall be absolute and indefeasible, Each of the said periods of twenty years shall be taken to be period ending within two years next before the institution of the suit wherein the claim to which such period relates is contested. Nothing is an interruption within the meaning of this section, unless where there is an actual discontinuance of the possession or enjoyment, by reason of an obstruction by the act of some person other than the claimant, and unless such obstruction is submitted to or acquiesced in , for one year after the claimant has notice thereof, and of the person making or authorizing the same to be made.

Infamy

At the common law, any criminal or vicious conduct which implies wickedness or character as well as violation of law and involves the guilty person in disgrace.  An infamous crime is any felony or a misdemeanor involving moral turpitude, and has been defined to mean an offense punishable by severe penalties. 

At the Roman or Civil law, infamy was a status, which carried with it a number of legal and civil incapacities, eg., that of making a will or appearing as a witness or of holding public office. Infamy was attached to  engaging in certain occupations regarded as disgraceful, such as that of actor or mountebanks; and was likewise the result of conviction of certain crimes or being cast in suits involving fraud.

The canon law concept of infamy was based on that of the civil law.  As long as wills were probated in a cannon law court, the disabilities of infamy, ie., testamentary incapacity as well as incapacity as a witness, were important results of the status.  By cannon law persons found to be heretics were treated as infamous.

Petition

Petition is a formal application for a remedy in equity in a court of chancery based upon a claim if injury which could not adequately be redressed at law, Evan when courts of Chancery were formally abolished the term petition or bill was used for the introductory pleading in a suit in equity.

Petition is an application addressed to some Governmental body, or to some executive officer, urging an action lying within the discretion of that body or officer.  It is generally couched in terms of prayer and entreaty, even when the request emphasizes that what is sought for it a moral right.

Petition is an application to the head of the state, or to the highest authority in it, for relief from oppressive conditions.

Presumption

Presumption is an interference which a judge or jury is required to draw from certain facts which have been proved or admitted.  Except for a small number of conclusive presumptions, all presumptions are prima facie.  No evidence is necessary to establish them, but they may be controverted by evidence which tends to disprove them.  In most jurisdictions a presumption is not itself evidence but merely a justification for offering non. Consequently on appeal, the upper court will reverse a judgment if it is controvert the presumption.  In a minority of jurisdictions a presumption is treated as evidence, and a judgment based on it cannot be reversed even if no other evidence is offered on behalf of the party relying on the presumption.

United Nations

United Nations is an International organization, whose charter was drafted in 1945, and which has its purposes the maintenance of peace, the development of friendly relations between nations; the solution of economic, social and other international problems. The principal organs of the United National are six; The Security Council, the General Assembly, the Economic and Social Council, the International Court of Justice, the trusteeship Council, and the Secretariat, Among its specialized agencies are the International Labour Organization, the Educational, Scientific and Cultural Organization, the International Monetary Fund, the International Refugee Organization, and the International Trade Organization.  The aims and principles of the charter were first expressed in the Atlantic Charter in August 1941.

Bill of rights

The short title of an act of parliament of 1689 called more fully : An act declaring the Rights and Liberties of the subject, settling the succession of the crown.  It was based on the Declaration of Rights drawn upon after the Revolution of 1688 and the flight of James II, and enacted the Declaration into Law.  It recited the abuses of power charged against James II and denounced the suspending power, the levying of taxes without grant of Parliament, excessive bail and the forfeitue of property without conviction of a crime, and it provided for freedom of speech, or petition and the right to bear arms.  The rights declared in the Bill are rights only against executive authority, not against Parliament. The bill of Rights -United States.

The term used for the first ten amendments to the constitution of the United States.  The preparation of such statement of fundamental rights was discussed in the Convention but was not acted on.  Several of the States made the addition of a Bill of Rights a condition of their acceptance of the Constitution, and they are consequently an integral part of the original constituion rather than a series of amendments in the proper sense.

The American Bill of rights is consciously modified on the Bill of Rights of England of 1688 and the Petition of Rights of 1628, but its immediate model was the Bill of Rights of Virginia of 1776. It goes much further than the English Bill and Petition in removing certain fundamental rights of person and property from infringement by any form of Governmental authority, executive, legislative or judicial.

Nearly all the American State Constitutions have as their first article a Bill of Rights, which frequently includes rights and privileges not expressly mentioned in the Federal Constitution. The first Bill of Rights,  which became the model for nearly all the others, was that of virginia, drawn up by George Mason in 1776 before the Declaration of Independence.

Association

Association is a group of persons generally unincorporated, organized under some agreement among themselves to act together for a common end.  In law these associations are treated as individuals acting jontly and are held to the liabilities of such individuals.

Corporations often use the word association in their official name.  This does not affect the character of the corportation.

Unincorporated commercial associations by special statutory provision may, for purposes of bankruptcy, be treated as through they were incorporated.

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Agency

The relationship of principal and agent. It ends with the death of either party, or by unilateral revocation on the part of the principal or renunciation on the part of the agent.  If the agency is created by contract, unjustified revocations on renunciation consists a breach of contract, but the agency is non the less terminated. An agency which is coupled with an interest in the subject matter may not be terminated by the principal without the agent's consent. Nor may the principal terminate the agency where the principal owes money to the agent for expenses incurred in connection with the agency.

Agency may be express, implied or ostensible. By express authority, the agent has powers granted in set terms. But implied authority, he has in addition whatever powers are reasonably necessary to carry out effectively his express powers.  He has likewise, as ostensible authority, those powers which third persons dealing with an agent, may reasonably assume him to have, even though the principal has expressly refused these powers in creating the agency.  A principal is liable for the torts of his agent's employment.

The express and implied powers in no way depend on whether third parties relay on their existence or not.

Robbery

In all robbery there is either theft or extortion.

Theft is robbery, if in order to the committing of the theft, or in committing the theft, or in carrying away, or attempting to carry away, property obtained by the theft, the offender, for that end, voluntarily causes or attempts to cause, to any person death or hurt, or wrongful restraint, or fear of instant death, or of instant hurt, or of instant wrongful restraint. 

Extortion is robbery, if the offender, at the time of committing the extortion, is in the presence of the person put in fear, and commits the extortion by putting the person in fear of instant death, of instant hurt, or of instant wrongful restraint to that person, or to some other person, and by so putting in fear, includes the person so put in fear then and there to deliver up the extorted.  The offender is said to be present if he is sufficiently near to put the other person in fear or instant death, of instant hurt, or of instant wrongful restraint.

Sanction

Sanctions have been described as civil and criminal the difference between them according to Austin being that the civil sanction may be remitted or enforced at the option of the individual, but the criminal sanction cannot be so remitted or so enforced, but that only the public may remit or at its option enforce the sanction. A criminal sanction is in fact merely a punishment; and a civil sanction is simply a right or right of action with its consequences to the unsuccessful parties. In a more general sense, a sanction has been defined as a conditional evil annexed to a law to produce obedience to that law; and in a still wider sense, a sanction means simply an authorization of anything, occasionally, sanction is used to denote a statute, the part being used to denote the whole - Brown.

Constructive murder

When a murder is committed by several persons in furtherance of the common intention of all, each of such persons is liable for the murder in the same manner as if it were committed by him alone. Under this principle, the persons who have not actually taken part in committing the murder, are considered as guilty of murder by construction of law, provided that act was committed by the others in furtherance of the common intention.

Murder is a the intentional and legally indefensible killing of one human being by another.  Killing is not murder if it is inadvertent, accidental, in pursuance of a legal duty during military operations carried on according to the laws of war, in self-defense or defense of some one whom it is a duty to protect, or for any other specific reason listed in a statute. 

Contributory negligence

In order that a man;s negligence may entitle another to remedy against him, that other must have suffered harm whereof this negligence was a proximate cause. Now I may be negligent, and my negligence may be the occasion of some one suffering harm, and yet the immediate cause of the damage may be not want of care but his own. Had I been careful to begin with, he would not have been in danger, but had he being so put in danger, used reasonable care for his own safety or that of his property, the damage would still not have happened. Thus may original negligence is a comparatively remote cause of the harm, and as things turn out, the proximate cause is the sufferer's own fault, or rather he cannot ascribe it to the fruit of another.  In a state of facts answering this general description, the person harmed is by the rule of the common law not entitled to any remedy. He is said to be guilty of contributory negligence.  Pollock on Torts.

If the plaintiff so far contributed to the damage by this own want of ordinary care and caution, that, but for such negligence or want of care, the misfortune would not have dis-entitle the plaintiff, unless by the exercise of ordinary care the might have avoided the consequences of the defendant's negligence; of if the defendant might by the exercise of caution on his part, have avoided the consequences of the neglect or carelessness of  the plaintiff. Thus if the plaintiff has wrongly or negligently left his cattle or goods on the road, the defendant may not drive over them, if by care, he might doing so.  The doctrine of contributory negligence is really another form of the doctrine that the defendant's negligence must be the proximate, and not a remote, cause of the injury, Where the plaintiff is not himself in any fault, but the injury to him arises from the combined or contributory negligence of two separate employed to do separate thing, the plaintiff may sure either or both.

Roman law

Property, the law of the Roman people, the populous Romans, of which the oldest monument, only fragmentarily preserved, is the law of the Twelve Tables of about 450 BC.  The Roman law developed by statute, the edicts of magistrates, especially the praetor and by decisions and expositions of lawyers into a vast body of law, revised and summarized by the legislation of the Emperor Justinian in 528-535 AD. the Corpus Juris Civils, in which latter form it has come down to us.  A great many other sources i.e., literature, inscriptions, papyri, have given additional information about the historical Roman law, and modern research has made a great deal of use of them, and has substantially changed former concepts of the development of the Roman Law.

War

War is a condition of mutual hostility between two nations, characterized by the following incidents; 1. The citizens of the two nations are forbidden to have any peaceful intercourse of any kind with each other; 2. The organized forces of one nation may lawfully attempt to invade the country of the other, kill all those who resist, confiscate any property necessary for the purpose of warfare, and destroy anything that may be of military advantage to the enemy. They may also at sea or in the ports, seize or destroy any shipping of the enemy country and any contraband of war found on neutral ships; 3. The invading army supersedes the Government of the country invaded, and may claim the obedience of the inhabitants; 4. Any government at war may suspend in its own country the normal methods of law and Government to secure greater efficiency in fighting.  Cictizens may be drafted into the army, and proeprty needed may be commandeered. War creates an unbalancing condition in states. War changes the financial conditions  and creates economic and social  problems for its people.

The condition of being at war may exist with or without a formal declaration to that effect, but it ceases only when formal proclamation is made unless by treaty between the formerly warring nations, publication of the treaty itself terminates the war.

Binami

A sale or purchase made in the name of some one other than the actual vendor or purchaser.  Property purchased or held or vested in a fictitious owner, the ostensible title is in the name of one person, but the real ownership vests in another.  Such fictitious purchaser is called the benamidar.  in the case of a benami purchase, the burden of proof is upon him who alleges that the certified purchaser and registered owner is a benamidar.  But when a purchase is made by a HIndu or Mohamedan in the name of his son, the presumption is in favor of its being a benami purchase; and it lies on the party in whose name it was purchased to prove that he is solely entitled to the legal and beneficial interest in the estate.

In cases where the question is whether property bought and held in the name of another, then the party claiming as the real purchased is the property of that other, or merely bought and held in his name (benami) for the claimant, the criterion is to consider from what source the purchase money came; the presumption is that a purchase made with the money of A in the name of B is for the benefit of A, and where the purchase is by a father whether Mahomedan or Hindu, in the name of his son, there is no presumption or an advancement in favour of that son.  A suit does not lie for a declaration that a conveyance executed by the plaintiff is a benami and fictitious transaction, when the alleged transaction has been used to accomplish the fraudulent purpose for which it was intended.

Where a colourable transfer is made for the purpose of enabling the transferor to defraud his creditors, and where the intended fraud has been wholly or partially carried into effect, the court will not lend its aid to enable the transferor, who has thus defrauded his creditors, to get his property back from the transferee.

Capital stock

The money which a corporation regards as necessary for doing the business for which it has been organized; and which by its charter it is permitted to raise by subscription, divided into shares. Capital stock may be with par value or may have no par value.  Where stock is with par value, the certificate of incorporation will express the authorized capital stock is stock which has actually been issued; authorized to issue.  The statutes of some states prescribes limitations on the amount of capital stock that may be issued.

Kidnap

Kidnapping is act to seize or detain anyone against his will by force or fraud for the purpose of concealing or carrying him away, whether the purpose is carried out or not.  The motive is generally that of securing ransom, but the crime is the same whether profit is expected or not

Oath

Oath is a statement made by a witness in the trial with an adjuration to the Deity generally in the words; so help me God to the effect that he will tell the truth, the whole truth and nothing but the truth.  If the word I swear is used, the reference to the Deity may be omitted.  The form of oaths in procedure is generally regulated by statute.  An oath may be made without any connection with an action at law, by affidavit. Such oaths usually begin with the formula; A, B, being duly sworn, deposes and says; Oaths of this sort are assertory, not promissory, ie. they assert the existence of a statue of facts or of state of mind.

Bond

An instrument under seal, whereby one person become bound to another for the payment of a sum of money, or for the performance of any other act or thing.  The person thus bond is called the obligor, and he to whom the bond is given the obligee.  And this obligation may be either by or to one of several persons.  If a bond be merely for the payment of money, of for the performance of some particular act, without any condition in or annexed to it, the bond is said to be single.  But there is in general a condition added to the bond in the nature of a defeasance, stipulating that if the obligor duly performs the act specified, the obligation shall be void, otherwise that it shall remain in full force; this is called conditional bond.

Counterclaim

A cause of action pleaded by the diffident under code procedure, which either reduces the claim of the plaintiff, or which authorizes a judgement for the defendant, for the amount by which the counter-claim exceeds the plaintiff's claim.  If the complaint is dismissed altogether, judgement may be given on the counter-claim, as though the defendant were the original plaintiff. A counter-claim is broader than recoupment or set-off.

Under most codes of procedure, a counter-claim may be any cause of action in favor of the defendant which arises out of the transaction on which the complaint is founded or which is connected with the subject matter of the complaint.  If the complaint is on a contract-claim, the defendant may set up by way of counter-claim any cause of action arising out of contract whether connected with the complaint or not.

Consideration

Consideration is one of the elements necessary to constitute a binding agreement and turning it into a contract.  Consideration may consist if a promise to do some act are to abstain from some act.  A promise on one side may be consideration for a promise on the other.

Consideration may consist of the transfer of a res or the doing of an act  which the person is under no obligation to do. It is not necessary that the consideration for the promise bring some advantage to the promisor  or constitute an economic detriment to the promise.  An illegal act or an act against public policy, or a promise to do an illegal act or one against public policy, is not sufficient consideration.

An agreement in which the promise on one side is not supported by consideration sufficient in law, is not contract at all, even in form.

Valuable consideration is consideration that will support a contract.

Blood relationship, love and affection, friendship, are sometimes called good consideration, as contrasted with valuable consideration. Good consideration will not support a contract, but will sometimes prevent the rescission of transactions and may support the creation of a resulting trust.

Bailment

Bailment is a transfer of possession of personal property, in which the transfer, or bailor retains the right to recover possession, when the purpose of the bailement is fulfilled, from the bailee.  Bailments may be fro the benefit of the bailor, for the benefit of the bailee, or for the mutual benefit of both parties.  The right and duties of the bailor and bailee are fixed by law (in the absence of specific contractual arrangement) and depend upon the nature of the bailment.  In any case, the bailee must return the property in accordance with the terms of the agreement between the parties.  Either the bailor or the bailee may bring suit against third persons who negligently or willfully, cause damage to the chattel bailed.

Insurance

Insurance is contract in which one party, the insurer, agrees to indemnify another, the insured, against loss which the letter might suffer, in any way other than by his own willful or negligent act. Insurance has become a highly specialized form of business and is regulated by statute, which fixes the form the contract may take and rigidly supervises those engaged in issuing such contracts, generally large corporations. The contract is called the policy, and is usually in standard form.  The consideration is regularly paid periodically by the insured and is called a premium.  It is essentially aleatory, since the loss insured against is either unlikely to happen, as in fire insurance etc., or else the time at which it might happen in uncertain, as in life insurance.

Jurisdiction

Jurisdiction is the power of a court to render a valid judgement. Jurisdiction over the person (i.e in personal) is the power of a court to render a valied judgement against a specific person.  Jurisdiction over the subject matter is the power to hear and determine over a thing (i.e., in rem) is the power to determine the rights of persons in regard to a concrete object or to status.

Original jurisdiction is the jurisdiction of courts of first instance, when it is exclusive or concurrent; exclusive jurisdiction exists when no other court has the power to render a judgement in a particular case or class of cases; concurrent jurisdiction exists when any one of several distinct court has the power to render a judgement in particular case or class of cases, appellate jurisdiction is the power to hear, reverse, affirm or modify a judgement rendered in an inferior court, whether a court of first or of a higher instance; general jurisdiction is the largest power any court of first instance can have in that political until; special or limited jurisdiction is the power conferred on a court to hear and determine only a special class of cases.