Fixture (property law)
A fixture, as a legal concept, means any physical property, permanently attached to real property Property not affixed to real property is considered chattel property. Fixtures are treated as a part of real property in the case of a security interest. A classic example of a fixture is a building, which—in the absence of language to the contrary in a contract of sale—is considered part of the land itself and not a separate piece of property. Speaking the test for deciding whether an article is a fixture or a chattel turns on the purpose of attachment. If the purpose was to enhance the land the article is a fixture. If the article was affixed to enhance the use of the chattel itself, the article is a chattel. Chattel property is converted into a fixture by the process of attachment. For example, if a piece of lumber sits in a lumber yard it is a chattel. If the same lumber is used to build a fence on the land it becomes a fixture to that real property. In many cases, the determination of whether property is a fixture or a chattel turns on the degree to which the property is attached to the land.
For example, this problem arises in the case of a trailer home. In this case the characterization of the home as chattel or realty will depend on how permanently it is attached—such as whether the trailer has a foundation; the characterization of property as a fixture or as chattel is important. In most jurisdictions, the law respecting the registration of security against debt, or proof that money has been lent on the collateral of property, is different for chattels than it is for real property. For example, in the province of Ontario, mortgages against real property must be registered in the county or region's land titles office. However, mortgages against chattels must be registered in the province-wide registry set up under the Personal Property Security Act. In the case of a trailer home, whether it is a fixture or chattel has a bearing on whether a real property mortgage applies to the trailer. For example, most mortgages contain a clause that forbids the borrower from removing or demolishing fixtures on the property, which would lower the value of the security.
However, there have been cases where lenders lend money based on the value of the trailer home on the property, where that trailer is removed from the property. A chattel mortgage granted to allow a person to purchase a trailer home could be lost if the trailer is attached to real property; the law regarding fixtures can cause many problems with property held under a lease. Fixtures put in place by the tenant belong to the landlord if the tenant is evicted from the property; this is the case if the fixture could have been removed by the tenant while the lease was in good standing. For example, a chandelier hung by the tenant may become the property of the landlord. Although this example is trivial, there have been cases where heavy equipment incorporated into a plant has been deemed to have become fixtures though it was sold as chattels; because the value of fixtures exceeds the value of the land they are affixed to, lawsuits to determine whether a particular item is a chattel or a fixture are common.
In one case in Canada, a provincial government argued that a huge earth dam was a chattel, as it was only held in place by gravity and not by any type of affixation. In a sale of land, fixtures are treated as part of the land, may not be removed or altered by the seller prior to the transfer of the land. Fixtures are known in civil law as essential parts. An important exception to the usual treatment of fixtures is the category of trade fixtures —chattels installed by a tenant on leased commercial property for their use in a trade or business; these may always be removed by the tenant, so long as any damage to the structure caused by the removal is repaid or repaired. For example, business signage, display counters, store shelves, liquor bars, machining equipment are firmly, if not permanently, attached to the building or land. However, they remain personal property and can be removed by the tenant, since they are part of the tenant's business; the economic logic behind this exception for trade fixtures reckons that if tenants could not remove them landlords would bear the responsibility of outfitting their tenants with such equipment and materials.
By deduction, therefore, a trade fixture is not a fixture at all. Its name is misleading, since a fixture, by definition, is real property that must remain with the real estate when a seller sells it or a tenant leaves her lease. A trade "fixture" is not personal property of the tenant; the landlord does have some protection. Any damage to the real property caused by the tenant’s removal of trade fixtures must be repaired or paid for by the tenant. If a trade fixture is not removed when the tenant moves out, those trade fixtures become the landlord’s property through the process of accession. For example, if a restaurant goes bankrupt and the owner forgoes his right and the expense of removing all the kitchen equipment, dining booths and other trade fixtures, those trade fixtures become the landlord's property. In this manner, they will no longer be trade fixtures and can become regular fixtures, hence real property. In the absence of agreement between the parties, the doctrine of fixtures, subject to statute, operates to resolve contests concerning title to objects.
Whether a chattel by its nature, becomes a fixture by virtue of all the circumstances, surrounding their annexation to land, depends upon the purpose and degree of annexation. Semble, it is a mixed question of fact and law, to be determined objectively, the subjective int
Law is a system of rules that are created and enforced through social or governmental institutions to regulate behavior. It has been defined both as "the Science of Justice" and "the Art of Justice". Law is a system that regulates and ensures that individuals or a community adhere to the will of the state. State-enforced laws can be made by a collective legislature or by a single legislator, resulting in statutes, by the executive through decrees and regulations, or established by judges through precedent in common law jurisdictions. Private individuals can create binding contracts, including arbitration agreements that may elect to accept alternative arbitration to the normal court process; the formation of laws themselves may be influenced by a constitution, written or tacit, the rights encoded therein. The law shapes politics, economics and society in various ways and serves as a mediator of relations between people. A general distinction can be made between civil law jurisdictions, in which a legislature or other central body codifies and consolidates their laws, common law systems, where judge-made precedent is accepted as binding law.
Religious laws played a significant role in settling of secular matters, is still used in some religious communities. Islamic Sharia law is the world's most used religious law, is used as the primary legal system in some countries, such as Iran and Saudi Arabia; the adjudication of the law is divided into two main areas. Criminal law deals with conduct, considered harmful to social order and in which the guilty party may be imprisoned or fined. Civil law deals with the resolution of lawsuits between individuals and/or organizations. Law provides a source of scholarly inquiry into legal history, economic analysis and sociology. Law raises important and complex issues concerning equality and justice. Numerous definitions of law have been put forward over the centuries; the Third New International Dictionary from Merriam-Webster defines law as: "Law is a binding custom or practice of a community. The Dictionary of the History of Ideas published by Scribner's in 1973 defined the concept of law accordingly as: "A legal system is the most explicit, institutionalized, complex mode of regulating human conduct.
At the same time, it plays only one part in the congeries of rules which influence behavior, for social and moral rules of a less institutionalized kind are of great importance." There have been several attempts to produce "a universally acceptable definition of law". In 1972, one source indicated. McCoubrey and White said that the question "what is law?" has no simple answer. Glanville Williams said that the meaning of the word "law" depends on the context in which that word is used, he said that, for example, "early customary law" and "municipal law" were contexts where the word "law" had two different and irreconcilable meanings. Thurman Arnold said that it is obvious that it is impossible to define the word "law" and that it is equally obvious that the struggle to define that word should not be abandoned, it is possible to take the view that there is no need to define the word "law". The history of law links to the development of civilization. Ancient Egyptian law, dating as far back as 3000 BC, contained a civil code, broken into twelve books.
It was based on the concept of Ma'at, characterised by tradition, rhetorical speech, social equality and impartiality. By the 22nd century BC, the ancient Sumerian ruler Ur-Nammu had formulated the first law code, which consisted of casuistic statements. Around 1760 BC, King Hammurabi further developed Babylonian law, by codifying and inscribing it in stone. Hammurabi placed several copies of his law code throughout the kingdom of Babylon as stelae, for the entire public to see; the most intact copy of these stelae was discovered in the 19th century by British Assyriologists, has since been transliterated and translated into various languages, including English, Italian and French. The Old Testament dates back to 1280 BC and takes the form of moral imperatives as recommendations for a good society; the small Greek city-state, ancient Athens, from about the 8th century BC was the first society to be based on broad inclusion of its citizenry, excluding women and the slave class. However, Athens had no legal science or single word for "law", relying instead on the three-way distinction between divine law, human decree and custom.
Yet Ancient Greek law contained major constitutional innovations in the development of democracy. Roman law was influenced by Greek philosophy, but its detailed rules were developed by professional jurists and were sophisticated. Over the centuries between the rise and decline of the Roman Empire, law was adapted to cope with the changing social situations and underwent major codification under Theodosius II and Justinian I. Although codes were replaced by custom and case law during the Dark Ages, Roman law was rediscovered around the 11th century when medieval legal scholars began to research Roman codes and adapt their concepts. Latin legal maxims were compiled for guidance. In medieval England, royal
Gestalt psychology or gestaltism is a philosophy of mind of the Berlin School of experimental psychology. Gestalt psychology is an attempt to understand the laws behind the ability to acquire and maintain meaningful perceptions in an chaotic world; the central principle of gestalt psychology is that the mind forms a global whole with self-organizing tendencies. This principle maintains that when the human mind forms a percept or "gestalt", the whole has a reality of its own, independent of the parts; the original famous phrase of Gestalt psychologist Kurt Koffka, "the whole is something else than the sum of its parts" is incorrectly translated as "The whole is greater than the sum of its parts", thus used when explaining gestalt theory, further incorrectly applied to systems theory. Koffka did not like the translation, he corrected students who replaced "other" with "greater". "This is not a principle of addition" he said. The whole has an independent existence. In the study of perception, Gestalt psychologists stipulate that perceptions are the products of complex interactions among various stimuli.
Contrary to the behaviorist approach to focusing on stimulus and response, gestalt psychologists sought to understand the organization of cognitive processes. Our brain is capable of generating whole forms with respect to the visual recognition of global figures instead of just collections of simpler and unrelated elements. In psychology, gestaltism is opposed to structuralism. Gestalt theory, it is proposed, allows for the deconstruction of the whole situation into its elements; the concept of gestalt was first introduced in philosophy and psychology in 1890 by Christian von Ehrenfels. The idea of gestalt has its roots in theories by David Hume, Johann Wolfgang von Goethe, Immanuel Kant, David Hartley, Ernst Mach. Max Wertheimer's unique contribution was to insist that the "gestalt" is perceptually primary, defining the parts it was composed from, rather than being a secondary quality that emerges from those parts, as von Ehrenfels's earlier Gestalt-Qualität had been. Both von Ehrenfels and Edmund Husserl seem to have been inspired by Mach's work Beiträge zur Analyse der Empfindungen, in formulating their similar concepts of gestalt and figural moment, respectively.
On the philosophical foundations of these ideas see Foundations of Gestalt Theory. Early 20th century theorists, such as Kurt Koffka, Max Wertheimer, Wolfgang Köhler saw objects as perceived within an environment according to all of their elements taken together as a global construct. This'gestalt' or'whole form' approach sought to define principles of perception—seemingly innate mental laws that determined the way objects were perceived, it is based on the here and now, in the way things are seen. Images can be divided into ground; the question is what is perceived at first glance: the background. These laws took several forms, such as the grouping of similar, or proximate, objects together, within this global process. Although gestalt has been criticized for being descriptive, it has formed the basis of much further research into the perception of patterns and objects, of research into behavior, problem solving and psychopathology; the founders of Gestalt therapy and Laura Perls, had worked with Kurt Goldstein, a neurologist who had applied principles of Gestalt psychology to the functioning of the organism.
Laura Perls had been a Gestalt psychologist before she became a psychoanalyst and before she began developing Gestalt therapy together with Fritz Perls. The extent to which Gestalt psychology influenced Gestalt therapy is disputed, however. In any case it is not identical with Gestalt psychology. On the one hand, Laura Perls preferred not to use the term "Gestalt" to name the emerging new therapy, because she thought that the gestalt psychologists would object to it. Thus, though recognizing the historical connection and the influence, most gestalt psychologists emphasize that gestalt therapy is not a form of gestalt psychology. Mary Henle noted in her presidential address to Division 24 at the meeting of the American Psychological Association: "What Perls has done has been to take a few terms from Gestalt psychology, stretch their meaning beyond recognition, mix them with notions—often unclear and incompatible—from the depth psychologies and common sense, he has called the whole mixture gestalt therapy.
His work has no substantive relation to scientific Gestalt psychology. To use his own language, Fritz Perls has done'his thing'. There have been clinical applications of Gestalt psychology in the psychotherapeutic field long before Perls'ian Gestalt therapy, in group psychoanalysis, Adlerian individual psychology, by Gestalt psychologists in psychotherapy like Erwin Levy, Abraham S. Luchins, by Gestalt psychologically oriented psychoanalysts in Italy, there have been newer developments foremost in Europe, e.g. Gestalt theoretical psychotherapy; the school of gestalt practiced a series of theoretical and methodological principles that attempted to redefine the approach to psychological research. This is in contrast to invest
Minnesota Supreme Court
The Minnesota Supreme Court is the highest court in the U. S. state of Minnesota. The court hears cases in the Supreme Court chamber in the Minnesota State Capitol or in the nearby Minnesota Judicial Center; the court was first assembled as a three-judge panel in 1849. The first members were lawyers from outside the region who were appointed by President Zachary Taylor; the state court system was rearranged in 1858. Appeals from the Minnesota District Courts went directly to the Minnesota Supreme Court until the Minnesota Court of Appeals, an intermediate appellate court, was created in 1983 to handle most of those cases; the court now considers about 900 appeals per year and the court accepts review in about one in eight cases. Before the Court of Appeals was created, the number of cases handled by the Minnesota Supreme Court amounted to about 1800. Certain types of appeals can go directly to the Supreme Court, such as those involving taxes, first degree murder, workers' compensation; the seven justices of the Minnesota Supreme Court are elected to renewable six-year terms.
When a midterm vacancy occurs, the governor of Minnesota appoints a replacement to a term that ends after the general election occurring more than one year after the appointment. Most vacancies occur during a term; the most recent election to an open seat on the court was in 1992, when former Minnesota Vikings player Alan Page was elected. Judges in Minnesota have a mandatory retirement age of 70. Anne McKeig, a descendant of the White Earth Band of Ojibwe, became the first Native American justice in 2016, her appointment marked the second time the court had a majority of women since 1991. Sources: List of Minnesota Supreme Court Justices List of Chief Justices of Minnesota Courts of Minnesota Official website