1.
Property law
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Property law is the area of law that governs the various forms of ownership and tenancy in real property and in personal property, within the common law legal system. In the civil law system, there is a division between movable and immovable property, movable property roughly corresponds to personal property, while immovable property corresponds to real estate or real property, and the associated rights, and obligations thereon. The concept, idea or philosophy of property underlies all property law, in some jurisdictions, historically all property was owned by the monarch and it devolved through feudal land tenure or other feudal systems of loyalty and fealty. The word property, in usage, refers to an object owned by a person — a car, a book, or a cellphone —. In law, the concept acquires a more nuanced rendering, most broadly and concisely, property in the legal sense refers to the rights of people in or over certain objects or things. James Wilson, U. S. Supreme Court Justice and professor of law at the University of Pennsylvania, in 1790 and 1791, undertook a survey of the philosophical grounds of American property law. He proceeds from two premises, “Every crime includes an injury, every injury includes a violation of a right. ”The government’s role in protecting property depends upon an idea of right, Wilson traces the history of property in his essay On the History of Property. In his lecture, Of the natural rights of individuals, he articulates related contemporary theory. While he doubts this is so, he states, “In his unrelated state, man has a natural right to his property, to his character, to liberty. Or was it, by an establishment, to acquire a new security for the possession or the recovery of those rights…. ”He indicates a preference for the latter. In the opening sentence of On the History of Property, he quite clearly, “Property is the right or lawful power, which a person has to a thing. ”He then divides the right into three degrees, possession, the lowest, possession and use, and, possession, use. Further, he states, “Man is intended for action, useful and skilful industry is the soul of an active life. But industry should have her just reward and that reward is property, for of useful and active industry, property is the natural result. ”From this simple reasoning he is able to present the conclusion that exclusive, as opposed to communal property, is to be preferred. Wilson does, however, give a survey of communal property arrangements in history, not only in colonial Virginia, non-legally recognized or documented property rights are known as informal property rights. These informal property rights are non-codified or documented, but recognized among local residents to varying degrees, different parties may claim a competing interest in the same property by mistake or by fraud. For example, the party creating or transferring an interest may have a valid title, a court resolves the dispute by adjudicating the priorities of the interests. To transfer property is to such an act. Property rights are rights over things enforceable against all other persons, by contrast, contractual rights are rights enforceable against particular persons
Property law
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Air
Property law
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Classes of crimes
2.
Common law
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Common law is the body of law developed from the thirteenth century to the present day, as case law or precedent, by judges, courts, and tribunals. In cases where the parties disagree on what the law is, if a similar dispute has been resolved in the past, the court is usually bound to follow the reasoning used in the prior decision. Resolution of the issue in one case becomes precedent that binds future courts, stare decisis, the principle that cases should be decided according to consistent principled rules so that similar facts will yield similar results, lies at the heart of all common law systems. A common law system is a system that gives great precedential weight to common law. Common law systems originated during the Middle Ages in England, today, one third of the worlds population live in common law jurisdictions or in systems mixed with civil law. The term common law has many connotations, the first three set out here are the most-common usages within the legal community. Other connotations from past centuries are seen, and are sometimes heard in everyday speech. Blacks Law Dictionary, 10th Ed. gives as definition 1,1, the body of law derived from judicial decisions, rather than from statutes or constitutions, CASELAW, STATUTORY LAW. In this connotation, common law distinguishes the authority that promulgated a law. e, examples include most criminal law and procedural law before the 20th century, and even today, most contract law and the law of torts. Interstitial common law decisions that analyze, interpret and determine the fine boundaries. Publication of decisions, and indexing, is essential to the development of common law, while all decisions in common law jurisdictions are precedent, some become leading cases or landmark decisions that are cited especially often. Blacks 10th Ed. definition 2, differentiates common law jurisdictions, by contrast, in civil law jurisdictions, courts lack authority to act if there is no statute. Judicial precedent is given less weight, which means that a judge deciding a given case has more freedom to interpret the text of a statute independently. For example, the Napoleonic code expressly forbade French judges to pronounce general principles of law. As a rule of thumb, common law systems trace their history to England, blacks 10th Ed. definition 4, differentiates common law from equity. This split propagated to many of the colonies, including the United States, for most purposes, most jurisdictions, including the U. S. federal system and most states, have merged the two courts. Additionally, even before the courts were merged, most courts were permitted to apply both law and equity, though under potentially different procedural law. In the United States, determining whether the Seventh Amendments right to a jury trial applies or whether the issue will be decided by a judge, the standard of review and degree of deference given by an appellate tribunal to the decision of the lower tribunal under review
Common law
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The
Constitution of India is the longest written constitution for a country, containing 395 articles, 12 schedules, numerous amendments and 117,369 words.
Common law
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Legal systems of the world. Common law is red.
Common law
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Sir William Blackstone as illustrated in his
Commentaries on the Laws of England.
3.
Real property
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The term is historic, arising from the now-discontinued form of action, which distinguished between real property disputes and personal property disputes. Personal property was, and continues to be, all property that is not real property, in countries with personal ownership of real property, civil law protects the status of real property in real-estate markets, where estate agents work in the market of buying and selling real estate. Scottish civil law calls real property heritable property, and in French-based law, the word real derives from Latin res, which was used in Middle English to mean relating to things, especially real property. In common law, real property was property that could be protected by some form of action, in contrast to personal property. As a result of this formalist approach, some things the common law deems to be land would not be classified as such by most modern legal systems, for example an advowson was real property. By contrast the rights of a leaseholder originate in personal actions, the law now broadly distinguishes between real property and personal property. The conceptual difference was between immovable property, which would transfer title along with the land, and movable property, bethell contains much historical information on the historical evolution of real property and property rights. To be of any value a claim to any property must be accompanied by a verifiable, in many cases, a description refers to one or more lots on a plat, a map of property boundaries kept in public records. The law recognizes different sorts of interests, called estates, in real property, the type of estate is generally determined by the language of the deed, lease, bill of sale, will, land grant, etc. through which the estate was acquired. Estates are distinguished by the property rights that vest in each. A party enjoying an estate is called a tenant, some important types of estates in land include, Fee simple, An estate of indefinite duration, that can be freely transferred. The most common and perhaps most absolute type of estate, under which the tenant enjoys the greatest discretion over the disposal of the property, conditional Fee simple, An estate lasting forever as long as one or more conditions stipulated by the deeds grantor does not occur. If such a condition does occur, the property reverts to the grantor, or a remainder interest is passed on to a third party, Fee tail, An estate which, upon the death of the tenant, is transferred to his or her heirs. Life estate, An estate lasting for the life of the grantee. If a life estate can be sold, a sale does not change its duration, a life estate pur autre vie is held by one person for the natural life of another person. Such an estate may arise if the life tenant sells her life estate to another. For example, an apartment-dweller with a one-year lease has an estate in her apartment. Lessees typically agree to pay a rent to the lessor
Real property
–
This article is about the legal concept. For the business of selling, a leasing real property, see
real estate.
4.
Adverse possession
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Adverse possession is a situation when a person who does not have legal title to land occupies the land without the permission of the legal owner. The permission of the owner may be reflected in the entering into a lease or granting a licence, the laws of most jurisdictions do not permit claims of adverse possession against public land. Squatting is a form of adverse possession, the adverse possessor is usually required to prove non-permissive use which is actual, open and notorious, exclusive, adverse, and continuous for the statutory period. If a claim to title by adverse possession is successful, title is acquired without compensation, the circumstances in which adverse possession arises determine the type of title acquired by the disseisor, which may be fee simple title, mineral rights, or another interest in real property. Adverse possessions origins are based both in actions and in common law precepts, so the details concerning adverse possession actions vary by jurisdiction. The required period of uninterrupted possession is governed by the statute of limitations, other elements of adverse possession are judicial constructs. The law recognized a cutoff date going back into the past, there was no requirement for a defendant to show any form of adverse possession. As time went on, the date was moved by statute—first to the reign of Henry II, no further changes were made of this kind. By the reign of Henry VIII the fact there had been no changes to the cutoff date had become very inconvenient. A new approach was taken whereby the person claiming possession had to show possession of the land for a continuous period, later statutes have shortened the limitation period in most common law jurisdictions. Adverse possession is one of the most contentious methods of acquiring property, historically, if someone possessed land for long enough, it was thought that this in itself justified acquisition of a good title. A more modern function has been that land which is disused or neglected by an owner may be converted into anothers property if continual use is made, squatting in England has been a way for land to be efficiently utilised, particularly in periods of economic decline. Before the Land Registration Act 2002, if a person had possessed land for 12 years, then at common law, the previous owners right of action to eject the adverse possessor would expire. The common legal justification was that under the Limitation Act 1623, just like a cause of action in contract or tort had to be used within a time limit and this promoted the finality of litigation and the certainty of claims. Time would start running when someone took exclusive possession of land, or part of it, provided the common law requirements of possession that was adverse were fulfilled, after 12 years, the owner would cease to be able to assert a claim. Different rules are in place for the periods of adverse possession in unregistered land. However, in the Land Registration Act 2002 adverse possession of registered land became much harder, the rules for unregistered land remained as before. But under the LRA2002 Schedule 6, paragraphs 1 to 5, the registrar then contacts the registered title holder and notifies him of the application
Adverse possession
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The Number of Years required for Adverse Possession in U.S. States
Adverse possession
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A metal plaque on the sidewalk of
New York City declares that the crossing onto the private property is a revocable license (an agreement to use the property, not an invasion) to protect it from becoming a subject of an adverse possession. Some New York property owners go even further by actually closing their property to the public for one day each year in order to prove their exclusive control.
5.
Deed
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For the British cargo ship, see SS Deed. For the reality series, see The Deed. A deed is any instrument in writing which passes, affirms or confirms an interest, right, or property and that is signed, attested, delivered. It is commonly associated with transferring title to property, the deed has a greater presumption of validity and is less rebuttable than an instrument signed by the party to the deed. A deed can be unilateral or bilateral, deeds include conveyances, commissions, licenses, patents, diplomas, and conditionally powers of attorney if executed as deeds. The deed is the descendant of the medieval charter. The traditional phrase signed, sealed and delivered refers to the practice of seals, however, agreements under seal are also called contracts by deed or specialty, in the United States, a specialty is enforceable without consideration. Specialties, as a form of contract, are bilateral and can therefore be distinguished from covenants, which, being also under seal, are unilateral promises. At common law, to be valid and enforceable, a deed must fulfill several requirements, It must state on its face that it is a deed and it must indicate that the instrument itself conveys some privilege or thing to someone. The grantor must have the ability to grant the thing or privilege. It must be executed by the grantor in presence of the number of witnesses. In some jurisdictions, a seal must be affixed to it, originally, affixing seals made persons parties to the deed and signatures optional, but seals are now outdated in most jurisdictions, so the signatures of the grantor and witnesses are primary. It must be delivered to and accepted by the grantee, conditions attached to the acceptance of a deed are known as covenants. A deed indented or indenture is one executed in two or more according to the number of parties, which were formerly separated by cutting in a curved or indented line known as the chirograph. A deed poll is one executed in one part, by one party, having the edge polled or cut even, in the transfer of real estate, a deed conveys ownership from the old owner to the new owner, and can include various warranties. The precise name and nature of these differ by jurisdiction. Often, however, the differences between them is the degree to which the grantor warrants the title. The grantor may give a general warranty of title against any claims, the latter type of deed is usually known as a special warranty deed
Deed
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The original 1636
Indian deed creating the State of
Rhode Island signed by Native American Chief
Canonicus to
Roger Williams
Deed
–
A sanad issued by the governor of the
United Provinces of Agra and Oudh during the British Raj
6.
Discovery doctrine
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The Discovery doctrine is a concept of public international law expounded by the United States Supreme Court in a series of decisions, most notably Johnson v. MIntosh in 1823. Chief Justice John Marshall justified the way in which colonial powers laid claim to lands belonging to foreign nations during the Age of Discovery. Under it, title to lands lay with the government whose subjects travelled to, the doctrine has been primarily used to support decisions invalidating or ignoring aboriginal possession of land in favor of colonial or post-colonial governments. The 1823 case was the result of lawsuits where land speculators worked together to make claims to achieve a desired result. John Marshall explained the Courts reasoning, the decision has been the subject of a number of law review articles and has come under increased scrutiny by modern legal theorists. The Doctrine of Discovery was promulgated by European monarchies in order to legitimize the colonization of lands outside of Europe, between the mid-fifteenth century and the mid-twentieth century, this idea allowed European entities to seize lands inhabited by indigenous peoples under the guise of discovery. In 1494, the Treaty of Tordesillas declared that only non-Christian lands could be colonized under the Discovery Doctrine, in 1792, U. S. Secretary of State Thomas Jefferson declared that the Doctrine of the Discovery would extend from Europe to the infant U. S. government. The Doctrine and its legacy continue to influence American imperialism and treatment of indigenous peoples, the plaintiff Johnson had inherited land, originally purchased from the Piankeshaw tribes. Defendant McIntosh claimed the land, having purchased it under a grant from the United States. It appears that in 1775 members of the Piankeshaw tribe sold land in the Indiana Territory to Lord Dunmore, royal governor of Virginia. In 1805 the Piankeshaw conveyed much of the land to William Henry Harrison, governor of the Indiana Territory. In reviewing whether the courts of the United States should recognize land titles obtained from Native Americans prior to American independence, chief Justice John Marshall had large real estate holdings that would have been affected if the case were decided in favor of Johnson. Rather than remove himself from the case, however, the chief justice wrote the decision for a unanimous USA Supreme Court. Marshall found that ownership of land comes into existence by virtue of discovery of that land, legally, the United States was the true owner of the land because it inherited that ownership from Britain, the original discoverer. Marshall noted, On the discovery of this continent, the great nations of Europe. The history of America, from its discovery to the present day, proves, we think and her discussions respecting boundary, with France, with Great Britain, and with the United States, all show that she placed it on the rights given by discovery. Portugal sustained her claim to the Brazils by the same title, Marshall pointed to the exploration charters given to John Cabot as proof that the British had operated under the doctrine. The tribes which occupied the land were, at the moment of discovery, no longer completely sovereign and had no property rights, further, only the discovering nation or its successor could take possession of the land from the natives by conquest or purchase
Discovery doctrine
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Chief Justice John Marshall
7.
Lost, mislaid, and abandoned property
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Property can be considered lost, mislaid or abandoned depending on the circumstances under which it is found by the next party who obtains its possession. There is an old saying that possession is nine-tenths of the law and this means that in most cases, the possessor of a piece of property is its rightful owner without evidence to the contrary. More colloquially, this may be called finders, keepers, the contradiction to this principle is theft by finding, which may occur if conversion occurs after finding someone elses property. The rights of a finder of such property are determined in part by the status in which it is found, because these classifications have developed under the common law of England, they turn on nuanced distinctions. Property is generally deemed to have been lost if it is found in a place where the true owner likely did not intend to set it down, and where it is not likely to be found by the true owner. At common law, the finder of a lost item could claim the right to possess the item against any person except the true owner or any previous possessors. The underlying policy goals to these distinctions are to see that the property is returned to its original owner. In Britain, many businesses have a dedicated Lost Property Office. Many exceptions may be applied at common law to the rule that the first finder of lost property has a claim of right over any other person except the previous owner. For example, a claim to lost property which he finds while trespassing is generally inferior to the claim of the respective landowner. However, this is not always the case, as a tenant who finds lost property within the leased area of his leasehold may have a superior claim over that of his landlord. Since animals are mobile and are capable of becoming lost on their own. A valuable animal that becomes lost usually does so by leaving its owners real property and arriving on another property owners land, estrays are normally confined to domesticated animals, like livestock, and not wild animals. Since common pets are not considered valuable animals, dogs and cats are never considered estrays, if the estray is branded, the owner can often be identified immediately. Fees for impounding the estray will often accumulate which the property owner will be responsible for paying, the status of a stray domestic animal is highly dependent on local jurisdictions. Given the significant number of dogs and cats, the finder of a lost dog or cat may have little or no restrictions to claiming the animal as his own property. Like animals, fugitive slaves in the United States were a type of property that was capable of relocating to other places, slave owners depended on others to identify and return their property, some slaves would be branded if a slave was known to run away. These laws, now superseded by Thirteenth Amendment to the Constitution of 1865, were demanded by the Southern States of the U. S. but were opposed in most Northern states
Lost, mislaid, and abandoned property
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Maui Police Department sticker affixed to abandoned cars.
8.
Treasure trove
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Osmosis is a solitaire game played with a deck of 52 playing cards where the object, like many solitaire games, is to put the cards into foundations, although not in numerical order. Game play consists of four, vertically arranged reserve piles of four cards each, a seventeenth card is put in the first of four foundations, which are also arranged vertically to the right of the reserve piles. Cards with the suit as this card must be moved to this foundation. The other three foundations are built by suit, but must begin with cards of the same rank as the first card of the top foundation. Foundation piles are fanned from left to right, all undealt cards make up the stock. To begin, the top cards in each pile are the only cards in play. A card can be moved to a if a card of the same value has already been placed in the foundation above it. Once all possible cards have been placed in the foundations, the next face-down cards remaining in the piles are turned face-up. When placing cards from the piles is no longer possible, one can use the stock. One can redeal the stock as long as there are possible moves from the stock or from the piles to the foundations. Heres an example, Suppose that from the example above, any card can be moved to the top foundation. One can also place 10♠ into its foundation, but one cannot put 2♦ yet into its foundation because 2♠ hasnt turned up yet in its foundation, no club can be placed at this time as the 7♣ hasnt appeared. The game is won when all cards have been moved to the foundations, but winning any game relies on where cards are positioned in the reserve piles and in the stock pile. Because of this, finishing a game of Osmosis can be difficult, Peek is another solitaire card game using a deck of 52 playing cards. It is played exactly as Osmosis except all the cards in this games reserve piles are face-up, goodsol Development Inc. released a computer version called Pretty Good Solitaire. This computer version includes Osmosis and Peek, plus over 800 other games as well, network created a computer version called Osmosis Peek SoliTaire. NorthernBytes Software released a version of this solitaire game called Card Shark Collection™. This version includes Osmosis and a few other solitaire games, tesseract Mobile created a mobile version called Solitaire Free Pack
Treasure trove
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"Treasure Trove" redirects here. For the legal concept, see
Treasure trove.
Treasure trove
Treasure trove
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This image is a screenshot of the solitaire game "Osmosis-Treasure Trove". More information about this game or this photo can be found on this website: http://www.tesseractmobile.com/
Treasure trove
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This image is a screenshot of the solitaire game "Peek". More information about this game or this photo can be found on this website: http://www.tesseractmobile.com/
9.
Condominium
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A condominium, usually shortened to condo, is a type of real estate divided into several units that are each separately owned, surrounded by common areas jointly owned. Unlike apartments, which are leased by their tenants, condominium units are owned outright, the common areas, amenities and utilities are managed collectively by the owners through their association, such as a homeowner association. Scholars have traced the earliest known use of the form of tenure to a document from first century Babylon. The word condominium originated in Latin, the term condominium is used throughout the United States and in most Canadian provinces, where such a property is also colloquially known as a condo. Italy uses condominio, which is simply the modern Italian form of condominium, both condo and condominium are used colloquially in the Canadian Province of Quebec, where the official term is copropriété divise or co-property devise. In France, however, the term is simply copropriété, co-property, spanish-speaking nations and regions often use the term propiedad horizontal, literally meaning horizontal property but abstractly meaning that all owners of the property have equal interest. The word condominio is also used, Condominium is a Latin word formed by adding the prefix con- to the word dominium. Its meaning is therefore shared property, condominia originally referred to territories over which two or more sovereign powers shared joint dominion. This technique was used to settle border disputes when multiple claimants could not agree on how to partition the disputed territory. For example, from 1818 to 1846, Oregon was a condominium over which both the United States and Great Britain shared joint sovereignty, mainly in the context of the United States The difference between an apartment complex and condominium is purely legal. There is no way to differentiate a condominium from an apartment simply by looking at or visiting the building, what defines a condominium is the form of ownership. A building developed as a condominium could actually be built at another location as an apartment building, as a practical matter, builders tend to build condominiums to higher quality standards than apartment complexes because of the differences between the rental and sale markets. Technically, a condominium is a collection of home units. Individual home ownership within a condominium is construed as ownership of only the air space confining the boundaries of the home, the boundaries of that space are specified by a legal document known as a Declaration, filed on record with the local governing authority. Typically, these boundaries will include the surrounding a condo. Anything outside this boundary is held in an ownership interest by a corporation established at the time of the condominiums creation. The corporation holds this property in trust on behalf of the homeowners as a group—it may not have ownership itself, Condominiums have conditions, covenants, and restrictions, and often additional rules that govern how the individual unit owners are to share the space. It is also possible for a condominium to consist of single-family dwellings and these structures are preferred by some planned neighborhoods and gated communities
Condominium
–
The Cosmopolitan, a condominium in
Singapore
Condominium
–
Absolute World, colloquially known as
Marilyn Monroe Condos, located in
Mississauga, Ontario
Condominium
–
A condominium complex in Singapore next to the
Kallang River
Condominium
–
The interior of a
loft condominium in
Chicago 's west side, USA
10.
Real estate
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Also, the business of real estate, the profession of buying, selling, or renting land, buildings or housing. It is a term used in jurisdictions whose legal system is derived from English common law, such as India, the United Kingdom, United States, Canada, Pakistan, Australia. Residential real estate may contain either a family or multifamily structure. Residences can be classified by, if, and how they are connected to neighbouring residences, different types of housing tenure can be used for the same physical type. For example, connected residents might be owned by an entity and leased out. Major categories in North America and Europe Attached / multi-unit dwellings Apartment or Flat – An individual unit in a multi-unit building, the boundaries of the apartment are generally defined by a perimeter of locked or lockable doors. Often seen in apartment buildings. Multi-family house – Often seen in multi-story detached buildings, where each floor is an apartment or unit. Terraced house – A number of single or multi-unit buildings in a row with shared walls. Condominium – Building or complex, similar to apartments, owned by individuals, common grounds and common areas within the complex are owned and shared jointly. There are townhouse or rowhouse style condominiums as well, semi-detached dwellings Duplex – Two units with one shared wall. Single-family detached house Portable dwellings Mobile homes – Potentially a full-time residence which can be movable on wheels, houseboats – A floating home Tents – Usually very temporary, with roof and walls consisting only of fabric-like material. The size of an apartment or house can be described in square feet or meters, in the United States, this includes the area of living space, excluding the garage and other non-living spaces. It can be described roughly by the number of rooms. A studio apartment has a bedroom with no living room. A one-bedroom apartment has a living or dining room separate from the bedroom, Two bedroom, three bedroom, and larger units are common. Major categories in India and the Asian Subcontinent Co-operative Housing Societies Condominiums Chawls Villas Havelis The size is measured in Gaz, Quila, Marla, Beegha, and acre. See List of house types for a listing of housing types and layouts, real estate trends for shifts in the market
Real estate
–
'Single-family detached house'
11.
Torrens title
–
Torrens title is a system of land registration, in which a register of land holdings maintained by the state guarantees an indefeasible title to those included in the register. Land ownership is transferred through registration of title instead of using deeds and its main purpose is to simplify land transactions and to certify to the ownership of an absolute title to realty. It has become pervasive around the countries strongly influenced by Britain and it is named after Sir Robert Richard Torrens, GCMG, who was the third Premier of South Australia. The Torrens title system operates on the principle of title by registration rather than registration of title, the system does away with the need for proving a chain of title. The State guarantees title and is supported by a compensation scheme for those who lose their title due to private fraud or error in the States operation. In most jurisdictions, there will be parcels of land which are still unregistered, the Torrens system works on three principles, Mirror principle – the register reflects accurately and completely the current facts about title to each registered lot. This means that each dealing affecting a lot must be entered on the register, curtain principle – one does not need to go behind the Certificate of Title as it contains all the information about the title. This means that ownership need not be proved by long complicated documents that are kept by the owner, all of the necessary information regarding ownership is on the Certificate of Title. Indemnity principle – provides for compensation of loss caused by fraud or by errors made by the Registrar of Titles. At common law, land owners needed to prove their ownership of a piece of land back to the earliest grant of land by the Crown to its first owner. The documents relating to transactions with the land were known as the title deeds or the chain of title. This event could have occurred hundreds of years prior and could have intervened by dozens of changes in the lands ownership. A persons ownership over land could also be challenged, potentially causing great expense to land owners. The latter could only the title retained by the vendor—in short. However, the case was decided in favor of P2. The courts of equity could not bring themselves to decide against a totally innocent purchaser, the common-law position has been changed in minor respects by legislation designed to minimize the searches that should be undertaken by a prospective purchaser. In some jurisdictions, a limitation has been placed on the period of commencement of title a purchaser may require, the effect of registration under the deeds registration system was to give the instrument registered priority over all instruments that are either unregistered or not registered until later. The basic difference between the deeds registration and Torrens systems is that the former involves registration of instruments while the latter involves registration of title
Torrens title
–
Under the system many maps showing
Australian property boundaries need to be kept.
12.
Escheat
–
Escheat /ᵻsˈtʃiːt/ is a common law doctrine that transfers the property of a person who died without heirs to the crown or state. It serves to ensure that property is not left in limbo without recognized ownership and it originally applied to a number of situations where a legal interest in land was destroyed by operation of law, so that the ownership of the land reverted to the immediately superior feudal lord. The term escheat derives ultimately from the Latin ex-cadere, to fall-out, the sense is of a feudal estate in land falling-out of the possession by a family into possession by the overlord. In feudal England, escheat referred to the situation where the tenant of a fee died without an heir or committed a felony, from the time of Henry III, the monarchy took particular interest in escheat as a source of revenue. At the Norman Conquest of England all the land of England was claimed as the possession of William the Conqueror under allodial title. The monarch thus became the owner of all the land in the kingdom. He then granted it out to his followers, who thereby became tenants-in-chief. Such tenures, even the highest one of feudal barony, never conferred ownership of land but merely ownership of rights over it, such persons are therefore correctly termed land-holders or tenants, not owners. If held freely, that is to say by freehold, such holdings were heritable by the legal heir. On the payment of a premium termed feudal relief to the treasury, logically therefore it was in the occupation of the crown alone, that is to say in the royal demesne. This was the operation of an escheat, a failure of heirs. Since disavowal of a bond was considered a felony, lords could escheat land from those who refused to be true to their feudal services. On the other hand, there were tenants who were sluggish in performing their duties, remedies in the courts against this sort of thing, even in Bractons day, were available, but were considered laborious and frequently ineffectual in compelling the desired performance. The commonest mechanism would be distraint, also called distress, the lord would seize some chattel and this practice had been dealt with in the 1267 Statute of Marlborough. Even so, it remained the most common method applied by the lords at the time of Quia Emptores. Thus, under English common law, there were two ways an escheat could happen, A persons property escheated if he was convicted of a felony. If the person was executed for the crime, his heirs were attainted, if a person had no heir to receive their property under a will or under the laws of intestacy, then any property he owned at death would escheat. This rule has been replaced in most common-law jurisdictions by bona vacantia or a similar concept, from the 12th century onward, the Crown appointed escheators to manage escheats and report to the Exchequer, with one escheator per county established by the middle of the 14th century
Escheat
13.
Rule against perpetuities
–
The common law rule against perpetuities forbids instruments from tying up property for too long a time beyond the lives of people living at the time the instrument was written. For instance, willing property to ones great-great-great-great grandchildren would normally violate the rule against perpetuities, the law is applied differently or not at all, and even contravened, in various jurisdictions and circumstances. The rule is stated as follows, “No interest is good unless it must vest, if at all, not later than twenty-one years after the death of some life in being at the creation of the interest. ”For the purposes of the rule. Although most discussions and analysis relating to the rule revolve around wills and trusts, when a part of a grant or will violates the rule, only that portion of the grant or devise is removed. All other parts that do not violate the rule are still valid, the perpetuities period under the common law rule is not a fixed term of years. By its terms, the limits the period to at the latest 21 years after the death of the last identifiable individual living at the time the interest was created. This measuring life need not have been a purchaser or taker in the conveyance or devise, any one of the measuring lives that vindicates the conveyance by resolving all contingencies will be called a validating life. This is because this measuring life has made the conveyance, the rule against perpetuities at common law has been amended by various statutes. Therefore, in the United States it has been abolished by statute in Alaska, Idaho, New Jersey, Pennsylvania, Kentucky, virgin Islands, and is currently under consideration in New York. Other jurisdictions apply the wait and see or cy-près doctrine that validates contingent remainders and these doctrines have also been codified in the United Kingdom by the 1964 statute. The rule has its origin in the Duke of Norfolks Case of 1682, the estate plan also included provisions for shifting the titles many generations later if certain conditions should occur. When his second son, Henry, succeeded to one title, he did not want to pass the other to his younger brother, Charles sued to enforce his interest, and the court held that such a shifting condition could not exist indefinitely. The rule against perpetuities is closely related to another doctrine in the law of property. Both stem from a principle or reference in the common law disapproving of restraints on property rights. However, while a violation of the rule against perpetuities is also a violation of the rule against unreasonable restraints on alienation, the reciprocal is not true. As one has stated, The rule against perpetuities is an ancient, for this reason, another court has declared that the provisions of the rule are predicated upon public policy and thus constitute non-waivable, legal prohibitions. At common law, the length of time was fixed at 21 years after the death of a person alive at the time the interest was created. This is often expressed as lives in being plus twenty-one years, under the common-law rule, one does not look to whether an interest actually will vest more than 21 years after the lives in being
Rule against perpetuities
–
The rule against perpetuities forbids future interests that could potentially vest after the established time period.
14.
Easement
–
An easement is a non-possessory right to use and/or enter onto the real property of another without possessing it. It is best typified in the right of way which one landowner, A, may enjoy over the land of another and it is similar to real covenants and equitable servitudes, in the United States, the Restatement of Property takes steps to merge these concepts as servitudes. An easement is considered as a property right in itself at common law and is treated as a type of property in most jurisdictions. The rights of an easement holder vary substantially among jurisdictions, for example, an affirmative easement might allow land owner A to drive their cattle over the land of B. A has an easement from B. Conversely, a negative easement might restrict A from blocking Bs mountain view by putting up a wall of trees, a has a negative easement from B. As defined by Evershed MR in Re Ellenborough Park Ch 131, the party gaining the benefit of the easement is the dominant estate, while the party granting the benefit or suffering the burden is the servient estate. For example, the owner of parcel A holds an easement to use a driveway on parcel B to gain access to As house. Here, parcel A is the dominant estate, receiving the benefit, a private easement is held by private individuals or entities. A public easement grants an easement for a use, for example. Conversely, an easement in gross benefits an individual or a legal entity, the easement can be for a personal use or a commercial use. Historically, an easement in gross was neither assignable nor inheritable and they are divisible, but must be exclusive and all holders of the easement must agree to divide. If subdivided, each subdivided parcel enjoys the easement, a floating easement exists when there is no fixed location, route, method, or limit to the right of way. For example, a right of way may cross a field, without any visible path, a floating easement may be public or private, appurtenant or in gross. One case defined it as, easement defined in general terms, furthermore, a floating easement becomes fixed after construction and cannot thereafter be changed. Some legal scholars classify structural encroachments as a type of easement, similar to a license or profit-à-prendre, Wayleave is normally a temporary arrangement and does not automatically transfer to a new owner or occupier. More generally, an agreement can be used for any service provider. In the United States, an easement in gross is used for such needs, easements are most often created by express language in binding documents
Easement
–
A metal plaque on the sidewalk of
New York City to declare that the crossing onto the private property is a revocable license to protect it from becoming an easement by prescription.
Easement
–
A sells the front lot, but forgets to get an easement for driveway access.
15.
Fixture (property law)
–
A fixture, as a legal concept, means any physical property that is permanently attached to real property Property not affixed to real property is considered chattel property. Fixtures are treated as a part of property, particularly 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, generally 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 likely a fixture, if the article was affixed to enhance the use of the chattel itself, the article is likely 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 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. For example, in the province of Ontario, Canada, mortgages against real property must be registered in the county or regions 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 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 home on the property. Similarly, a chattel mortgage granted to allow a person to purchase a home could be lost if the trailer is later attached to real property. The law regarding fixtures can also cause problems with property held under a lease. Fixtures put in place by the tenant belong to the if the tenant is evicted from the property. This is the even if the fixture could have legally 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 even though it was sold as chattels. Because the value of fixtures often 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
Fixture (property law)
–
A bathroom sink fixture out of order
16.
Property rights (economics)
–
Property rights are theoretical socially-enforced constructs in economics for determining how a resource or economic good is used and owned. Resources can be owned by individuals, associations or governments, property rights can be viewed as an attribute of an economic good. Many economists effectively argue that property rights need to be fixed and need to portray the relationships among other parties in order to be more effective, property rights to a good must be defined, their use must be monitored, and possession of rights must be enforced. The costs of defining, monitoring, and enforcing property rights are termed transaction costs, depending on the level of transaction costs, various forms of property rights institutions will develop. Each institutional form can be described by the distribution of rights, the following list is ordered from no property rights defined to all property rights being held by individuals Open-access property is not owned by anyone. It is non-excludable but may be rival, Open-access property is not managed by anyone, and access to it is not controlled. There is no constraint on anyone using open-access property, examples of open-access property are the upper atmosphere or ocean fisheries. Public property is property that is owned by all, but its access, an example is a national park or a state-owned enterprise. Common property or collective property is property that is owned by a group of individuals, access, use, and exclusion are controlled by the joint owners. True commons can break down, but, unlike open-access property, common property owners have greater ability to manage conflicts through shared benefits, private property is both excludable and rival. Private property access, use, exclusion and management are controlled by the owner or a group of legal owners. At common law nuisance and tort law allows adjacent property holders to seek compensation when individual actions diminish the air and they found that better protection of property rights can affect several development outcomes, including better management of natural resources. When instead, the state is entrusted the power to protect property, the necessity of strong protection of property for efficiency has been however criticized by a vast legal scholarship, originated from the seminal contribution by Guido Calabresi and Douglas Melamed. Carmine Guerriero blends these two different strands of literature by linking property rights protection, transaction costs, and preference heterogeneity. To elaborate, when property is protected, some agents with valuation higher than that of the original owners will be unable to legally acquire value because of sizable transaction costs. When the protection of property is weak instead, low-valuation potential buyers inefficiently expropriate original owners, regression analysis reveals that the protection of the original owners property rights is the strongest where contemporary genetic diversity is the largest. Evidence from several different identification strategies suggests that this relationship is indeed causal, the property rights approach to the theory of the firm based on the incomplete contracting paradigm was developed by Sanford Grossman, Oliver Hart, and John Moore. These authors argue that in the world, contracts are incomplete
Property rights (economics)
–
World GDP (PPP) per capita by country (2014)
17.
Mineral rights
–
Mineral rights are property rights to exploit an area for the minerals it harbors. Mineral rights can be separate from property ownership, Ownership of mineral rights is an estate in real property. Technically it is known as an estate, although often referred to as mineral rights. It is the right of the owner to exploit, mine, the mineral estate of the land includes all organic and inorganic substances that form a part of the soil. Exceptions include sand, gravel, limestone, and subsurface water—which are normally considered part of the surface estate, mineral interests can be found across the entire United States. The most common known for oil and gas production include Texas, Oklahoma, North Dakota, California. Texas, being one of the highest producers of oil and gas, the Eagle Ford Shale and Permian Basin in Texas are the leaders in overall production of oil and gas. Therefore, mineral rights are common in these areas, the Eagle Ford Shale extends into 24 counties. Due to the amount of brittle carbonate in the Eagle Ford Shale. As a result, the Eagle Ford Shale is one of the largest producers of mineral rights, the Permian Basin is a “stacked play” with mineral formations spanning the Yates, San Andres, and Clear Fork. Mineral estates are sometimes severed from the surface estate, such severance is accomplished with a conveyance or reservation of these rights. This conveyance or reservation includes minerals or substances considered minerals, although technically not minerals, which are naturally occurring crystalline solids, legal regimes typically include hydrocarbon resources such as oil and natural gas under the term mineral rights. Such a conveyance or reservation includes royalties, bonuses and rentals, in the absence of such a conveyance, the surface owner retains the rights. Minerals may be possessed as an estate, which does not permit a person to sell them. After this, the revert to a predesignated entity, such as a specific organization or person. It is possible for mineral right owners to sever and sell oil and gas royalties, in such case, if the oil lease expires, the royalty owner has nothing and the mineral owner still owns the minerals. The four major stages for mineral rights leasing are, Ownership Leasing The Division Order The Royalty Check There are three distinct but related aspects of ownership and this arrangement between individual mineral owners and oil companies began prior to 1900 and still thrives today. If the term of the oil or gas lease extends beyond the term
Mineral rights
–
Air
18.
Water right
–
This article discusses water usage laws in common law. For a discussion of the right to water as a right under international law. Water right in water law refers to the right of a user to use water from a source, e. g. a river, stream. In areas with water and few users, such systems are generally not complicated or contentious. In other areas, especially areas where irrigation is practiced, such systems are often the source of conflict. Some systems treat surface water and ground water in the same manner, fundamental differences exist between the nature and source of water rights in different countries. Generally, water rights are based on the law that applies in a particular country and. Some countries allow their subdivisions to establish independent water laws, for example, each state and territory of the United States has its own set of water laws that establish water rights that may be land-based, use-based, or both. Some water rights are based on land ownership or possession, for example, many common law jurisdictions recognize riparian rights, which are protected by property law. Riparian rights state that only the owner of the banks of the water source have a right to the undiminished, unaltered flow of the water. In some jurisdictions water rights are granted directly to communities and water is reserved to provide sufficient capacity for the growth of that particular community. A second example of community-based water rights is pueblo water rights, the pueblos claim expands with the needs of the city and may be used to supply the needs of areas that are later annexed to the city. While California recognizes pueblo water rights, pueblo water rights are controversial, some modern scholars and courts argue that the pueblo water rights doctrine lacks a historical basis in Spanish or Mexican water law. Use-based rights do not relate to land and instead rely on whether the user has legal access to the water source. As a general rule, use-based rights are usufructuary, fully transferable to anyone, under common law use-based rights only apply to navigable-in-fact waterways in which there is a presumptive easement, often referred to as a navigable servitude. Appropriative water rights are the most common use-based water rights in the United States and are most commonly found in the states where water is scarcest. S between appropriators, the rule of priority is first in time, first in right, all privileges are conditional upon beneficial use. Water may be used on riparian lands or non-riparian lands Diversion is permitted, the privilege may be lost through non-use
Water right
–
Air
19.
Contract
–
A contract is a voluntary arrangement between two or more parties that is enforceable by law as a binding legal agreement. Contract is a branch of the law of obligations in jurisdictions of the civil law tradition, Contract law concerns the rights and duties that arise from agreements. A contract arises when the parties agree that there is an agreement, formation of a contract generally requires an offer, acceptance, consideration, and a mutual intent to be bound. Each party to a contract must have capacity to enter the agreement, minors, intoxicated persons, and those under a mental affliction may have insufficient capacity to enter a contract. Some types of contracts may require formalities, such as a memorialization in writing, at common law, the elements of a contract are offer, acceptance, intention to create legal relations, and consideration. Not all agreements are necessarily contractual, as the parties generally must be deemed to have an intention to be legally bound, a so-called gentlemens agreement is one which is not intended to be legally enforceable, and which is binding in honour only. In order for a contract to be formed, the parties must reach mutual assent and this is typically reached through offer and an acceptance which does not vary the offers terms, which is known as the mirror image rule. An offer is a statement of the offerors willingness to be bound should certain conditions be met. If a purported acceptance does vary the terms of an offer, it is not an acceptance but a counteroffer and, therefore, the Uniform Commercial Code disposes of the mirror image rule in §2-207, although the UCC only governs transactions in goods in the USA. As a court cannot read minds, the intent of the parties is interpreted objectively from the perspective of a reasonable person and it is important to note that where an offer specifies a particular mode of acceptance, only an acceptance communicated via that method will be valid. Contracts may be bilateral or unilateral, a bilateral contract is an agreement in which each of the parties to the contract makes a promise or set of promises to each other. For example, in a contract for the sale of a home, less common are unilateral contracts in which one party makes a promise, but the other side does not promise anything. In these cases, those accepting the offer are not required to communicate their acceptance to the offeror, in a reward contract, for example, a person who has lost a dog could promise a reward if the dog is found, through publication or orally. The payment could be conditioned on the dog being returned alive. Those who learn of the reward are not required to search for the dog, but if someone finds the dog and delivers it, the High Court of Australia stated that the term unilateral contract is unscientific and misleading. In certain circumstances, a contract may be created. A contract is implied in fact if the circumstances imply that parties have reached an agreement even though they have not done so expressly, quantum meruit claims are an example. Carbolic, a firm, advertised a smoke ball marketed as a wonder drug that would, according to the instructions
Contract
–
Bill of sale of a male slave and a building in Shuruppak,
Sumerian tablet, circa 2600 BC
Contract
–
The Carbolic Smoke Ball offer
Contract
–
A contract from the
Tang dynasty that records the purchase of a 15-year-old slave for six bolts of plain silk and five Chinese coins
Contract
–
German marriage contract, 1521 between
Gottfried Werner von Zimmern (de) and Apollonia von Henneberg-Römhild
20.
Will (law)
–
For the devolution of property not disposed of by will, see inheritance and intestacy. Thus, the word will validly applies to personal and real property. A will may also create a testamentary trust that is only after the death of the testator. Throughout most of the world, disposal of an estate has been a matter of social custom, according to Plutarch, the written will was invented by Solon. Originally it was a device intended solely for men who died without an heir, the English phrase will and testament is derived from a period in English law when Old English and Law French were used side by side for maximum clarity. Other such legal doublets include breaking and entering and peace and quiet, the conception of the freedom of disposition by will, familiar as it is in modern England and the United States, both generally considered common law systems, is by no means universal. In fact, complete freedom is the rather than the rule. Civil law systems often put some restrictions on the possibilities of disposal, advocates for gays and lesbians have pointed to the inheritance rights of spouses as desirable for same-sex couples as well, through same-sex marriage or civil unions. Opponents of such advocacy rebut this claim by pointing to the ability of same-sex couples to disperse their assets by will, types of wills generally include, nuncupative - oral or dictated, often limited to sailors or military personnel. Holographic will - written in the hand of the testator, in many jurisdictions, the signature, self-proved - in solemn form with affidavits of subscribing witnesses to avoid probate. Notarial - will in public form and prepared by a civil-law notary, servicemans will - will of person in active-duty military service and usually lacking certain formalities, particularly under English law. Reciprocal/mirror/mutual/husband and wife wills - wills made by two or more parties that make similar or identical provisions in favor of each other, unsolemn will - will in which the executor is unnamed. Will in solemn form - signed by testator and witnesses, some jurisdictions recognize a holographic will, made out entirely in the testators own hand, or in some modern formulations, with material provisions in the testators hand. The distinctive feature of a holographic will is less that it is handwritten by the testator, in Louisiana this type of testament is called an Olographic or Mystic will. It must be written, dated, and signed in the handwriting of the testator. Although the date may appear anywhere in the testament, the testator must sign the testament at the end of the testament, any additions or corrections must also be entirely hand written to have effect. In England, the formalities of wills are relaxed for soldiers who express their wishes on active service, a minority of jurisdictions even recognize the validity of nuncupative wills, particularly for military personnel or merchant sailors. However, there are constraints on the disposition of property if such an oral will is used
Will (law)
–
Wills,
trusts and
estates
Will (law)
–
Muhammad Ali Jinnah 's will, excerpt
Will (law)
–
Alfred Nobel's will, in which he endows the
Nobel prize.
Will (law)
–
Last will and testament of
Tennessee Williams
21.
Trust law
–
A trust is a relationship whereby property is held by one party for the benefit of another. A trust is created by a settlor, who transfers property to a trustee, the trustee holds that property for the trusts beneficiaries. Trusts exist mainly in common law jurisdictions and similar systems existed since Roman times and this may be done for tax avoidance reasons or to control the property and its benefits if the settlor is absent, incapacitated, or deceased. Trusts are frequently created in wills, defining how money and property will be handled for children or other beneficiaries, the trustee is given legal title to the trust property, but is obligated to act for the good of the beneficiaries. The trustee may be compensated and have expenses reimbursed, but otherwise must turn over all profits from the trust properties, Trustees who violate this fiduciary duty are self-dealing. Courts can reverse self-dealing actions, order profits returned, and impose other sanctions, the trustee may be either an individual, a company, or a public body. There may be a trustee or multiple co-trustees. The trust is governed by the terms under which it was created, in most jurisdictions, this requires a contractual trust agreement or deed. A trust is created by a settlor, who transfers title to some or all of his or her property to a trustee, the trust is governed by the terms under which it was created. In most jurisdictions, this requires a contractual trust agreement or deed and it is possible for a single individual to assume the role of more than one of these parties, and for multiple individuals to share a single role. For example, in a living trust it is common for the grantor to be both a trustee and a beneficiary, while naming other contingent beneficiaries. Trusts have existed since Roman times and have one of the most important innovations in property law. Trust law has evolved through court rulings differently in different states, so statements in this article are generalizations, States are adapting the Uniform Trust Code to codify and harmonize their trust laws, but state-specific variations still remain. An owner placing property into trust turns over part of his or her bundle of rights to the trustee, separating the propertys legal ownership and control from its equitable ownership and benefits. This may be done for tax reasons or to control the property and its benefits if the settlor is absent, incapacitated, testamentary trusts may be created in wills, defining how money and property will be handled for children or other beneficiaries. While the trustee is given legal title to the trust property, in accepting the property title, the primary duties owed include the duty of loyalty, the duty of prudence, the duty of impartiality. A trustee may be held to a high standard of care in their dealings. In addition, a trustee has a duty to know, understand, the trustee may be compensated and have expenses reimbursed, but otherwise must turn over all profits from the trust properties
Trust law
–
Wills, trusts and
estates
Trust law
–
Chart of a trust
22.
Administration (probate law)
–
In common-law jurisdictions, administration of an estate on death arises if the deceased is legally intestate, meaning they did not leave a will, or some assets are not disposed of by their will. Where a person leaving a will appointing an executor. However, if no will is left, or the will is invalid or incomplete in some way, trust property will also frequently fall outside of the estate but this will depend on the terms of the trust. An administrator acts as the representative of the deceased in relation to land. Consequently, when the estate under administration consists wholly or mainly of land, in the absence of any heir or next of kin, the Crown has the right to property as bona vacantia, and to the land by virtue of the historic land rights of the Crown. The court does this by granting letters of administration to the person so entitled, Grants of administration may be either general or limited. The order in which the court will make grants of letters follows the sequence, The surviving spouse, or civil partner, as the case may be, The next of kin, The Crown, A creditor. On some estates, even under an intestate, it is not clear who are the next-of-kin, in this case the court will make the grant to the person, usually the residuary legatee, with the largest beneficial interest in the estate. Administration de bonis non administratis occurs in two cases, Where the executor dies intestate after probate without having completely administered the estate Where an administrator dies. In the first case the principle of administration cum testamento is followed, Administration durante minore aetate, when the executor or the person entitled to the general grant is under age. Administration durante absentia, when the executor or administrator is out of the jurisdiction for more than a year. Administration pendente lite, where there is a dispute as to the entitled to probate or a general grant of letters the court appoints an administrator till the question has been decided. Probate Administration of Estates Act 1925 Calendars of the Grants of Probate and Letters of Administration Estate planning
Administration (probate law)
–
Wills,
trusts and estates
23.
Criminal law
–
Criminal law is the body of law that relates to crime. It regulates social conduct and proscribes whatever is threatening, harmful, or otherwise endangering to the property, health, safety and it includes the punishment of people who violate these laws. Criminal law varies according to jurisdiction, and differs from civil law, the first civilizations generally did not distinguish between civil law and criminal law. The first written codes of law were designed by the Sumerians, another important early code was the Code Hammurabi, which formed the core of Babylonian law. Only fragments of the criminal laws of Ancient Greece have survived, e. g. those of Solon. In Roman law, Gaiuss Commentaries on the Twelve Tables also conflated the civil and criminal aspects, assault and violent robbery were analogized to trespass as to property. Breach of such laws created an obligation of law or vinculum juris discharged by payment of compensation or damages. The criminal law of imperial Rome is collected in Books 47–48 of the Digest, the first signs of the modern distinction between crimes and civil matters emerged during the Norman Invasion of England. The development of the state dispensing justice in a court clearly emerged in the century when European countries began maintaining police services. From this point, criminal law had formalized the mechanisms for enforcement, Criminal law is distinctive for the uniquely serious potential consequences or sanctions for failure to abide by its rules. Every crime is composed of criminal elements, capital punishment may be imposed in some jurisdictions for the most serious crimes. Physical or corporal punishment may be imposed such as whipping or caning, individuals may be incarcerated in prison or jail in a variety of conditions depending on the jurisdiction. Length of incarceration may vary from a day to life, government supervision may be imposed, including house arrest, and convicts may be required to conform to particularized guidelines as part of a parole or probation regimen. Fines also may be imposed, seizing money or property from a convicted of a crime. Five objectives are widely accepted for enforcement of the law by punishments, retribution, deterrence. Jurisdictions differ on the value to be placed on each, retribution – Criminals ought to Be Punished in some way. This is the most widely seen goal, Criminals have taken improper advantage, or inflicted unfair detriment, upon others and consequently, the criminal law will put criminals at some unpleasant disadvantage to balance the scales. People submit to the law to receive the right not to be murdered and if people contravene these laws, thus, one who murders may be executed himself
Criminal law
–
The
Old Bailey in
London (in 1808) was the venue for more than 100,000 criminal trials between 1674 and 1834, including all death penalty cases.
Criminal law
–
An English court room in 1886, with
Lord Chief Justice Coleridge presiding
Criminal law
–
International Criminal Court in
The Hague
24.
Evidence (law)
–
The law of evidence also known as the rules of evidence, encompasses the rules and legal principles that govern the proof of facts in a legal proceeding. These rules determine what evidence must or must not be considered by the trier of fact in reaching its decision, the trier of fact is a judge in bench trials, or the jury in any cases involving a jury. The law of evidence is also concerned with the quantum, quality, the rules vary depending upon whether the venue is a criminal court, civil court, or family court, and they vary by jurisdiction. The quantum of evidence is the amount of evidence needed, the quality of proof is how reliable such evidence should be considered, important rules that govern admissibility concern hearsay, authentication, relevance, privilege, witnesses, opinions, expert testimony, identification and rules of physical evidence. There are several types of evidence, depending on the form or source, Evidence governs the use of testimony, exhibits, documentary material, or demonstrative evidence, which are admissible in a judicial or administrative proceeding. The law must ensure certain guidelines are set out in order to ensure that evidence presented to the court can be regarded as trustworthy. The rules of evidence were developed several centuries and are based upon the rules from Anglo-American common law brought to the New World by early settlers. Their purpose is to be fair to both parties, disallowing the raising of allegations without a basis in provable fact and they are sometimes criticized as a legal technicality, but are an important part of the system for achieving a just result. Perhaps the most important of the rules of evidence is that, in general, there are several examples where presiding authorities are not bound by the rules of evidence. These include the military tribunals in the United States and tribunals used in Australia to try health professionals, in every jurisdiction based on the English common law tradition, evidence must conform to a number of rules and restrictions to be admissible. Evidence must be relevant – that is, it must be directed at proving or disproving a legal element, however, the relevance of evidence is ordinarily a necessary condition but not a sufficient condition for the admissibility of evidence. For example, relevant evidence may be excluded if it is unfairly prejudicial, confusing, there is also general agreement that assessment of relevance or irrelevance involves or requires judgements about probabilities or uncertainties. Beyond that, there is little agreement, many legal scholars and judges agree that ordinary reasoning, or common sense reasoning, plays an important role. There is less agreement about whether or not judgements of relevance or irrelevance are defensible only if the reasoning that supports such judgements is made fully explicit. However, most trial judges would reject any such requirement and would say that some judgements can and must rest partly on unarticulated and unarticulable hunches, california Evidence Code section 352 also allows for exclusion to avoid substantial danger of undue prejudice. The United States has a complicated system of evidentiary rules, for example. In Professor Friedmans words, A trained judge would not need all these rules, and indeed, the law of evidence in systems that lack a jury is short, sweet, however, Friedmans views are characteristic of an earlier generation of legal scholars. Under English law, evidence that would otherwise be admissible at trial may be excluded at the discretion of the judge if it would be unfair to the defendant to admit it
Evidence (law)
–
Classes of crimes
25.
Patent
–
A patent is a set of exclusive rights granted by a sovereign state to an inventor or assignee for a limited period of time in exchange for detailed public disclosure of an invention. An invention is a solution to a technological problem and is a product or a process. Patents are a form of intellectual property, the procedure for granting patents, requirements placed on the patentee, and the extent of the exclusive rights vary widely between countries according to national laws and international agreements. Typically, however, a patent application must include one or more claims that define the invention. A patent may include many claims, each of which defines a specific property right and these claims must meet relevant patentability requirements, such as novelty, usefulness, and non-obviousness. Nevertheless, there are variations on what is patentable subject matter from country to country, the word patent originates from the Latin patere, which means to lay open. More directly, it is a version of the term letters patent. Similar grants included land patents, which were land grants by early state governments in the USA, and printing patents, a precursor of modern copyright. In modern usage, the term patent usually refers to the granted to anyone who invents any new, useful. The additional qualification utility patent is used to distinguish the primary meaning from these other types of patents. Particular species of patents for inventions include biological patents, business method patents, chemical patents, the period of protection was 10 years. These were mostly in the field of glass making, as Venetians emigrated, they sought similar patent protection in their new homes. This led to the diffusion of patent systems to other countries, by the 16th century, the English Crown would habitually abuse the granting of letters patent for monopolies. After public outcry, King James I of England was forced to revoke all existing monopolies, the Statute became the foundation for later developments in patent law in England and elsewhere. Important developments in patent law emerged during the 18th century through a process of judicial interpretation of the law. During the reign of Queen Anne, patent applications were required to supply a complete specification of the principles of operation of the invention for public access. Influenced by the philosophy of John Locke, the granting of patents began to be viewed as a form of property right. The English legal system became the foundation for patent law in countries with a common law heritage, including the United States, New Zealand, in the Thirteen Colonies, inventors could obtain patents through petition to a given colonys legislature
Patent
–
U.S patent
Patent
–
James Puckle 's 1718
early autocannon was one of the first inventions required to provide a specification for a patent.
Patent
–
The plate of the Martin
ejector seat of a military aircraft, stating that the design is covered by multiple patents in Britain, South Africa, Canada and "others".
Dübendorf Museum of Military Aviation.
26.
Royalties
–
A royalty is a payment made by one party, the licensee or franchisee to another that owns a particular asset, the licensor or franchisor for the right to ongoing use of that asset. A royalty interest is the right to collect a stream of future royalty payments, license agreements can be regulated, particularly where a government is the resource owner, or they can be private contracts that follow a general structure. However, certain types of agreements have comparable provisions. When a government owns the resource in question, the transaction is subject to legal. In the United States, fee simple ownership of the mineral is possible by a private individual, local taxing authorities may impose a severance tax on the unrenewable natural resources extracted from within their authority. The Federal Government receives royalties on production on federal lands, managed by the Bureau of Ocean Energy Management, Regulation and Enforcement, an example from Canadas north is the federal Frontier Lands petroleum royalty regime. In this manner risks and profits are shared between the government of Canada and the petroleum developer and this attractive royalty rate is intended to encourage oil and gas exploration in the remote Canadian frontier lands where costs and risks are higher than other locations. In many jurisdictions oil and gas royalty interests are considered property under the NAICS classification code. As a standard example, for every $100 bbl of oil sold on a U. S. federal well with a 25% royalty, the U. S. government does not pay and will only collect revenues. All risk and liability lie upon the operator of the well, Royalties in the forestry industry are called stumpage. An intangible asset such as a patent gives the owner an exclusive right to prevent others from practicing the patented technology in the country issuing the patent for the term of the patent. The right may be enforced in a lawsuit for monetary damages and/or imprisonment for violation on the patent, patent rights may be divided and licensed out in various ways, on an exclusive or non-exclusive basis. The license may be subject to limitations as to time or territory, a license may encompass an entire technology or it may involve a mere component or improvement on a technology. In the United States, reasonable royalties may be imposed, both after-the-fact and prospectively, by a court as a remedy for infringement. 0%, however, the range extended from 0% to 50%. All of these agreements may not have been at arms length, in license negotiation, firms might derive royalties for the use of a patented technology from the retail price of the downstream licensed product. In the Arab countries, it may be found, that a royalty as a percentage of sales may be difficult to transact, a flat fee may be preferred as percentages may be interpreted as percentage of profit. Trade marks are words, logos, slogans, sounds, or other expressions that distinguish the source, origin. Trade marks offer the public a means of identifying and assuring themselves of the quality of the good or service and they may bring consumers a sense of security, integrity, belonging, and a variety of intangible appeals
Royalties
27.
Glossary of patent legal concepts
–
This is a list of legal terms relating to patents. The reply of an applicant to an action must be made within a prescribed time limit. If no reply is received within the period, the application may be considered, depending on the jurisdiction, as abandoned or deemed to be withdrawn. A fee to be paid to maintain a patent or a patent application in force, also called maintenance fee or renewal fee. An application for a patent, or patent application, is a request by a person or company to the competent authority to grant him a patent. By extension, a patent application refers to the content of the document which that person or company filed to initiate the application process. This document usually contains a description of the invention and at least one used to define the sought scope of protection. In United States patent law, an equitable estoppel barring a patents seller from attacking the patents validity if he/she is found to have infringed that patent later, in outdated German patent law, the second reading, or publication, of a patent application. A form of inventors recognition formerly available in the Soviet Union, the concept stems from the decision Biogen v. Medeva, issued by the House of Lords on 31 October 1996. Under German patent law, a procedure consisting in deriving a utility model from a patent application. The practice of a patent holding company buying a patent, offering a license to its members, in the Patent Cooperation Treaty, Chapter I refers to the prosecution procedure when no demand under Article 31 PCT is made. The states selected under Chapter I by the applicant are called designated States, in the PCT, Chapter II refers to the prosecution procedure when a demand under Article 31 PCT is made. An international preliminary examination is conducted in this case, the demand indicates the Contracting State or States in which the applicant intends to use the results of the international preliminary examination. A noun phrase defining the extent of the protection conferred by a patent, a search done on issued patents or on pending patent applications to determine if a product or process infringes any of the claims of the issued patents or pending patent applications. These searches and opinions are also called freedom-to-operate searches and opinions, the common general knowledge is the common knowledge in the field to which the invention relates. It may, for example, affect the steps it will be obvious for him to take, including the nature and extent of any literature search. Under European practice, the general knowledge of the person skilled in the art is, as a general rule, established on the basis of encyclopaedias, textbooks. Using compulsory licenses, a government may force a patent proprietor to grant use to the state or others, usually, the holder does receive some royalties, either set by law or determined through some form of arbitration
Glossary of patent legal concepts
–
The plate of the Martin
ejector seat of the military aircraft, stating "Patents pending in other dominions and foreign countries".
Dübendorf Museum of Military Aviation.
28.
Intellectual property
–
Intellectual property refers to creations of the intellect for which a monopoly is assigned to designated owners by law. Intellectual property rights are the protections granted to the creators of IP, and include trademarks, copyright, patents, industrial design rights, and in some jurisdictions trade secrets. Artistic works including music and literature, as well as discoveries, inventions, words, phrases, symbols, the Statute of Monopolies and the British Statute of Anne are seen as the origins of patent law and copyright respectively, firmly establishing the concept of intellectual property. The first known use of the intellectual property dates to 1769. The first clear example of modern usage goes back as early as 1808, the German equivalent was used with the founding of the North German Confederation whose constitution granted legislative power over the protection of intellectual property to the confederation. According to Lemley, it was only at point that the term really began to be used in the United States. The history of patents does not begin with inventions, but rather with royal grants by Queen Elizabeth I for monopoly privileges, the evolution of patents from royal prerogative to common-law doctrine. The term can be used in an October 1845 Massachusetts Circuit Court ruling in the patent case Davoll et al. v. Brown. The statement that discoveries are. property goes back earlier, in Europe, French author A. Nion mentioned propriété intellectuelle in his Droits civils des auteurs, artistes et inventeurs, published in 1846. Until recently, the purpose of property law was to give as little protection as possible in order to encourage innovation. Historically, therefore, they were granted only when they were necessary to encourage invention, limited in time, the concepts origins can potentially be traced back further. In 500 BCE, the government of the Greek state of Sybaris offered one years patent to all who should discover any new refinement in luxury. Intellectual property rights include patents, copyright, industrial design rights, trademarks, plant variety rights, trade dress, geographical indications, a copyright gives the creator of an original work exclusive rights to it, usually for a limited time. Copyright may apply to a range of creative, intellectual, or artistic forms. Copyright does not cover ideas and information themselves, only the form or manner in which they are expressed, an industrial design right protects the visual design of objects that are not purely utilitarian. An industrial design consists of the creation of a shape, configuration or composition of pattern or color, or combination of pattern, an industrial design can be a two- or three-dimensional pattern used to produce a product, industrial commodity or handicraft. Plant breeders rights or plant variety rights are the rights to use a new variety of a plant. The variety must amongst others be novel and distinct and for registration the evaluation of propagating material of the variety is examined, a trademark is a recognizable sign, design or expression which distinguishes products or services of a particular trader from the similar products or services of other traders
Intellectual property
–
The
Statute of Anne came into force in 1710
Intellectual property
–
Demonstration in
Sweden in support of
file sharing, 2006.
Intellectual property
–
"Copying is not theft!" badge with a character resembling
Mickey Mouse in reference to the in popular culture rationale behind the
Sonny Bono Copyright Term Extension Act of 1998
Intellectual property
–
RIAA representative
Hilary Rosen testifies before the Senate Judiciary Committee on the future of digital music (July 11, 2000)
29.
Royalty payment
–
A royalty is a payment made by one party, the licensee or franchisee to another that owns a particular asset, the licensor or franchisor for the right to ongoing use of that asset. A royalty interest is the right to collect a stream of future royalty payments, license agreements can be regulated, particularly where a government is the resource owner, or they can be private contracts that follow a general structure. However, certain types of agreements have comparable provisions. When a government owns the resource in question, the transaction is subject to legal. In the United States, fee simple ownership of the mineral is possible by a private individual, local taxing authorities may impose a severance tax on the unrenewable natural resources extracted from within their authority. The Federal Government receives royalties on production on federal lands, managed by the Bureau of Ocean Energy Management, Regulation and Enforcement, an example from Canadas north is the federal Frontier Lands petroleum royalty regime. In this manner risks and profits are shared between the government of Canada and the petroleum developer and this attractive royalty rate is intended to encourage oil and gas exploration in the remote Canadian frontier lands where costs and risks are higher than other locations. In many jurisdictions oil and gas royalty interests are considered property under the NAICS classification code. As a standard example, for every $100 bbl of oil sold on a U. S. federal well with a 25% royalty, the U. S. government does not pay and will only collect revenues. All risk and liability lie upon the operator of the well, Royalties in the forestry industry are called stumpage. An intangible asset such as a patent gives the owner an exclusive right to prevent others from practicing the patented technology in the country issuing the patent for the term of the patent. The right may be enforced in a lawsuit for monetary damages and/or imprisonment for violation on the patent, patent rights may be divided and licensed out in various ways, on an exclusive or non-exclusive basis. The license may be subject to limitations as to time or territory, a license may encompass an entire technology or it may involve a mere component or improvement on a technology. In the United States, reasonable royalties may be imposed, both after-the-fact and prospectively, by a court as a remedy for infringement. 0%, however, the range extended from 0% to 50%. All of these agreements may not have been at arms length, in license negotiation, firms might derive royalties for the use of a patented technology from the retail price of the downstream licensed product. In the Arab countries, it may be found, that a royalty as a percentage of sales may be difficult to transact, a flat fee may be preferred as percentages may be interpreted as percentage of profit. Trade marks are words, logos, slogans, sounds, or other expressions that distinguish the source, origin. Trade marks offer the public a means of identifying and assuring themselves of the quality of the good or service and they may bring consumers a sense of security, integrity, belonging, and a variety of intangible appeals
Royalty payment
30.
Trademark
–
The trademark owner can be an individual, business organization, or any legal entity. A trademark may be located on a package, a label, for the sake of corporate identity, trademarks are often displayed on company buildings. A trademark identifies the owner of a particular product or service. The unauthorized usage of trademarks by producing and trading counterfeit consumer goods is known as brand piracy, the owner of a trademark may pursue legal action against trademark infringement. Most countries require formal registration of a trademark as a precondition for pursuing this type of action, the United States, Canada and other countries also recognize common law trademark rights, which means action can be taken to protect an unregistered trademark if it is in use. Still, common law trademarks offer the holder in general less legal protection than registered trademarks. A trademark may be designated by the symbols, ™ ℠ ® A trademark is typically a name, word, phrase, logo, symbol, design, image. There is also a range of non-conventional trademarks comprising marks which do not fall into these categories, such as those based on colour, smell. Trademarks which are considered offensive are often rejected according to a nations trademark law, the term trademark is also used informally to refer to any distinguishing attribute by which an individual is readily identified, such as the well-known characteristics of celebrities. When a trademark is used in relation to services rather than products, it may sometimes be called a service mark, in other words, trademarks serve to identify a particular business as the source of goods or services. The use of a trademark in this way is known as trademark use, certain exclusive rights attach to a registered mark. Different goods and services have been classified by the International Classification of Goods, in trademark treatises it is usually reported that blacksmiths who made swords in the Roman Empire are thought of as being the first users of trademarks. Other notable trademarks that have used for a long time include Löwenbräu. The first trademark legislation was passed by the Parliament of England under the reign of King Henry III in 1266, the first modern trademark laws emerged in the late 19th century. In France the first comprehensive system in the world was passed into law in 1857 with the Manufacture. In Britain, the Merchandise Marks Act 1862 made it an offense to imitate anothers trade mark with intent to defraud or to enable another to defraud. In 1875 the Trade Marks Registration Act was passed which allowed formal registration of marks at the UK Patent Office for the first time. Registration was considered to comprise prima facie evidence of ownership of a trade mark, in the United States, Congress first attempted to establish a federal trademark regime in 1870
Trademark
–
Gym weights displaying a counterfeit trademark
Trademark
–
The "Registered Trade mark" logo
31.
Sales
–
A sale is the exchange of a commodity or money as the price of a good or a service. Sales is activity related to selling or the amount of goods or services sold in a time period. The seller or the provider of the goods or services completes a sale in response to an acquisition, appropriation, requisition or an interaction with the buyer at the point of sale. There is a passing of title of the item, and the settlement of a price, the seller, not the purchaser generally executes the sale and it may be completed prior to the obligation of payment. In common law countries, sales are governed generally by the common law, a person or organization expressing an interest in acquiring the offered item of value is referred to as a potential buyer, prospective customer or prospect. Buying and selling are understood to be two sides of the coin or transaction. Both seller and buyer engage in a process of negotiation to consummate the exchange of values, the exchange, or selling, process has implied rules and identifiable stages. It is implied that the process will proceed fairly and ethically so that the parties end up nearly equally rewarded. Sometimes, sellers have to use their own experiences when selling products with appropriate discounts, from a management viewpoint it is thought of as a part of marketing, although the skills required are different. Sales often forms a separate grouping in a structure, employing separate specialist operatives known as salespersons. Selling is considered by many to be a sort of persuading art, selling is the profession-wide term, much like marketing defines a profession. Recently, attempts have been made to understand who is in the sales profession. There are many articles looking at marketing, advertising, promotions, two common terms used to describe a salesperson are Farmer and Hunter. The reality is that most professional sales people have a little of both, a hunter is often associated with aggressive personalities who use aggressive sales technique. In terms of sales methodology a hunter refers to a person whose focus is on bringing in and this process is called sales capturing. An example is a commodity such as a long distance sales person, shoe sales person. Their job is to find and convert buyers, a sales farmer is someone who creates sales demand by activities that directly influence and alter the buying process. Many believe that the focus of selling is on the agents involved in the exchange between buyer and seller
Sales
–
Vegetable seller at a market in
Porto Covo,
Portugal.
Sales
–
A beach salesman showing necklaces to a
tourist in
Mexico.
32.
Profit (accounting)
–
Profit, in accounting, is an income distributed to the owner in a profitable market production process. Profit is a measure of profitability which is the major interest in income formation process of market production. There are several measures in common use. Income formation in market production is always a balance between income generation and income distribution, the income generated is always distributed to the stakeholders of production as economic value within the review period. The profit is the share of income formation the owner is able to keep to himself in the distribution process. Profit is one of the sources of economic well-being because it means incomes and opportunities to develop production. The words income, profit and earnings are substitutes in this context, Economic well-being is created in a production process, meaning all economic activities that aim directly or indirectly to satisfy human needs. The degree to which the needs are satisfied is often accepted as a measure of economic well-being, in production there are two features which explain increasing economic well-being. They are improving quality-price-ratio of commodities and increasing incomes from growing, all of them produce commodities which have value and contribute to well-being of individuals. The satisfaction of needs originates from the use of the commodities which are produced, the need satisfaction increases when the quality-price-ratio of the commodities improves and more satisfaction is achieved at less cost. Economic well-being also increases due to the growth of incomes that are gained from the growing, market production is the only one production form which creates and distributes incomes to stakeholders. Public production and household production are financed by the incomes generated in market production, thus market production has a double role in creating well-being, i. e. the role of producing developing commodities and the role of creating income. Because of this role, market production is the “primus motor” of economic well-being. In principle there are two main activities in an economy, production and consumption, similarly there are two kinds of actors, producers and consumers. Well-being is made possible by efficient production and by the interaction between producers and consumers, in the interaction, consumers can be identified in two roles both of which generate well-being. Consumers can be both customers of the producers and suppliers to the producers, stakeholders of production are persons, groups or organizations with an interest in a producing company. Economic well-being originates in efficient production and it is distributed through the interaction between the company’s stakeholders, the stakeholders of companies are economic actors which have an economic interest in a company. Based on the similarities of their interests, stakeholders can be classified into three groups in order to differentiate their interests and mutual relations, the three groups are as follows, Customers Suppliers Producers
Profit (accounting)
–
Interactive contributions of a company’s stakeholders (Saari, 2011,4)
33.
Copyright
–
Copyright is a legal right created by the law of a country that grants the creator of an original work exclusive rights for its use and distribution. This is usually only for a limited time, the exclusive rights are not absolute but limited by limitations and exceptions to copyright law, including fair use. A major limitation on copyright is that copyright protects only the expression of ideas. Copyright is a form of property, applicable to certain forms of creative work. Some, but not all jurisdictions require fixing copyrighted works in a tangible form and it is often shared among multiple authors, each of whom holds a set of rights to use or license the work, and who are commonly referred to as rights holders. These rights frequently include reproduction, control over derivative works, distribution, public performance, copyrights are considered territorial rights, which means that they do not extend beyond the territory of a specific jurisdiction. While many aspects of copyright laws have been standardized through international copyright agreements. Typically, the duration of a copyright spans the authors life plus 50 to 100 years, some countries require certain copyright formalities to establishing copyright, but most recognize copyright in any completed work, without formal registration. Generally, copyright is enforced as a matter, though some jurisdictions do apply criminal sanctions. Most jurisdictions recognize copyright limitations, allowing fair exceptions to the exclusivity of copyright. Copyright came about with the invention of the press and with wider literacy. As a legal concept, its origins in Britain were from a reaction to printers monopolies at the beginning of the 18th century, Copyright laws allow products of creative human activities, such as literary and artistic production, to be preferentially exploited and thus incentivized. Different cultural attitudes, social organizations, economic models and legal frameworks are seen to account for why copyright emerged in Europe and not, for example, however, with copyright laws, intellectual production comes to be seen as a product of an individual, with attendant rights. The most significant point is that patent and copyright laws support the expansion of the range of human activities that can be commodified. This parallels the ways in which led to the commodification of many aspects of social life that earlier had no monetary or economic value per se. Often seen as the first real copyright law, the 1709 British Statute of Anne gave the rights for a fixed period. The act also alluded to individual rights of the artist and it began, Whereas Printers, Booksellers, and other Persons, have of late frequently taken the Liberty of Printing. Books, and other Writings, without the Consent of the Authors. to their very great Detriment, and too often to the Ruin of them and their Families
Copyright
–
The
Statute of Anne came into force in 1710.
Copyright
–
The Copyright Act of 1790 in the Columbian Centinel.
Copyright
–
The Pirate Publisher—An International Burlesque that has the Longest Run on Record, from
Puck, 1886, satirizes the then-existing situation where a publisher could profit by simply stealing newly published works from one country, and publishing them in another, and vice versa.
Copyright
–
A copyright certificate for proof of the Fermat theorem, issued by the State Department of Intellectual Property of Ukraine.
34.
Thomas Kinkade
–
William Thomas Kinkade III was an American painter of popular realistic, pastoral, and idyllic subjects. He is notable for the marketing of his work as printed reproductions. He characterized himself as Thomas Kinkade, Painter of Light, a phrase he protected through trademark, according to Kinkades company,1 in every 20 American homes owns a copy of one of his paintings. Despite wide commercial success throughout his life, Kinkade is generally held in low esteem by art critics, his paintings have been described as maudlin. William Thomas Kinkade was born on January 19,1958, in Sacramento County and he grew up in the town of Placerville, graduated from El Dorado High School in 1976, and attended the University of California, Berkeley, and the Art Center College of Design in Pasadena. He married Nanette Willey in 1982, and the couple had four daughters, Merritt, Chandler, Winsor and Everett and he and his wife had been separated for over a year before his death in 2012. Some of the people who mentored and taught Kinkade prior to college were Charles Bell, Wessels encouraged Kinkade to go to the University of California at Berkeley. Kinkades relationship with Wessels is the subject of a film released in 2008. After two years of education at Berkeley, Kinkade transferred to the Art Center College of Design in Pasadena. In June 1980, Kinkade spent a summer traveling across the United States with his college friend James Gurney, the two of them finished their journey in New York and secured a contract with Guptill Publications to produce a sketching handbook. Two years later they produced The Artists Guide to Sketching, which was one of Guptill Publications best-sellers that year, the success of the book led them both to Ralph Bakshi Studios where they created background art for the 1983 animated feature film Fire and Ice. While working on the film, Kinkade began to explore the depiction of light, after the film, Kinkade earned his living as a painter, selling his originals in galleries throughout California. Recurring features of Kinkades paintings are their glowing highlights and pastel colors, rendered in highly idealistic values of American scene painting, his works often portray bucolic and idyllic settings such as gardens, streams, stone cottages, lighthouses and Main Streets. His hometown of Placerville was the inspiration for many of his street and he also depicted various Christian themes including the Christian cross and churches. Kinkade said he was placing emphasis on the value of simple pleasures, a self-described devout Christian, Kinkade believed he gained his inspiration from his religious beliefs and that his work was intended to contain a larger moral dimension. He also said that his goal as an artist was to people of all faiths. Many pictures contain specific allusions to Bible passages. He also painted the portrait for Yankee Stadium
Thomas Kinkade
–
Thomas Kinkade
35.
Mickey Mouse
–
Mickey Mouse is a funny animal cartoon character and the official mascot of The Walt Disney Company. He was created by Walt Disney and Ub Iwerks at the Walt Disney Studios in 1928, an anthropomorphic mouse who typically wears red shorts, large yellow shoes, and white gloves, Mickey has become one of the worlds most recognizable characters. Mickey first was seen in a single test screening, Mickey officially debuted in the short film Steamboat Willie, one of the first sound cartoons. He went on to appear in over 130 films, including The Band Concert, Brave Little Tailor, Mickey appeared primarily in short films, but also occasionally in feature-length films. Ten of Mickeys cartoons were nominated for the Academy Award for Best Animated Short Film, one of which, Lend a Paw, in 1978, Mickey became the first cartoon character to have a star on the Hollywood Walk of Fame. Beginning in 1930, Mickey has also featured extensively as a comic strip character. His self-titled newspaper strip, drawn primarily by Floyd Gottfredson, ran for 45 years. Mickey has also appeared in books such as Disney Italys Topolino, MM Mickey Mouse Mystery Magazine, and Wizards of Mickey. He also appears in other such as video games as well as merchandising and is a meetable character at the Disney parks. Mickey generally appears alongside his girlfriend Minnie Mouse, his pet dog Pluto, his friends Donald Duck and Goofy, though originally characterized as a mischievous antihero, Mickey was rebranded over time as an everyman, usually seen as a flawed, but adventurous hero. I only hope that we never lose sight of one thing – that it was all started by a mouse, in the spring of 1928, with the series going strong, Disney asked Mintz for an increase in the budget. Angrily, Disney refused the deal and returned to produce the final Oswald cartoons he contractually owed Mintz, Disney was dismayed at the betrayal by his staff but determined to restart from scratch. The new Disney Studio initially consisted of animator Ub Iwerks and an apprentice artist, Les Clark. One lesson Disney learned from the experience was to always make sure that he owned all rights to the characters produced by his company. In the spring of 1928, Disney asked Ub Iwerks to start drawing up new character ideas, Iwerks tried sketches of various animals, such as dogs and cats, but none of these appealed to Disney. A female cow and male horse were also rejected and they would later turn up as Clarabelle Cow and Horace Horsecollar. A male frog was also rejected and it would later show up in Iwerks own Flip the Frog series. Walt Disney got the inspiration for Mickey Mouse from a mouse at his desk at Laugh-O-Gram Studio in Kansas City
Mickey Mouse
–
Concept art of Mickey from early 1928; the sketches are the earliest known drawings of the character, from the collection of
The Walt Disney Family Museum.
Mickey Mouse
–
Mickey Mouse
Mickey Mouse
–
Mickey's first appearance in
Steamboat Willie (1928).
Mickey Mouse
–
Mickey in
Fantasia (1940).
36.
Euphemism
–
A euphemism /ˈjufəˌmɪzəm/ is a generally innocuous word or expression used in place of one that may be found offensive or suggest something unpleasant. Some euphemisms are intended to amuse, while others use bland, Euphemisms are used to refer to taboo topics in a polite way, or to mask profanity. There are three antonyms of euphemism, dysphemism, cacophemism, and loaded language, Dysphemism can be either offensive or merely ironic, cacophemism is deliberately offensive. Loaded language evokes a response beyond the meaning of the words. Euphemism comes from the Greek word εὐφημία, meaning the use of words of good omen, etymologically, the eupheme is the opposite of the blaspheme evil-speaking. The term euphemism itself was used as a euphemism by the ancient Greeks, Euphemism use ranges from a polite concern for propriety, to attempting to escape responsibility for war crimes. For instance one reason for the scarcity of written evidence documenting the exterminations at Auschwitz is directives for the extermination process obscured in bureaucratic euphemisms. Columnist David Brooks called the euphemisms for torture at Abu Ghraib, Guantánamo, phonetic euphemism is used to replace profanities, giving them the intensity of a mere interjection. Shortening or clipping the term Mispronunciations, such as Frak, Frig What the fudge, What the truck, Oh my gosh, Frickin, Darn, Oh, shoot, Be-yotch, sometimes, the word word is added after it. Also, the letter can be phonetically respelled, for example, using a less harsh term with similar meaning. For instance, screwed up is a euphemism for fucked up, hook-up, we hooked up, there is some disagreement over whether certain terms are or are not euphemisms. For example, sometimes the phrase visually impaired is labeled as a politically correct euphemism for blind, Euphemisms may be formed in a number of ways. Periphrasis, or circumlocution, is one of the most common, to speak around a given word, over time, circumlocutions become recognized as established euphemisms for particular words or ideas. To alter the pronunciation or spelling of a word to form a euphemism is known as taboo deformation. In American English, words that are unacceptable on television such as fuck, may be represented by such as freak. Some examples of rhyming slang may serve the purpose, to call a person a berk sounds less offensive than to call a person a cunt, though berk is short for Berkeley Hunt. Bureaucracies frequently spawn euphemisms of a more deliberate nature, doublespeak expressions, for example, in the past the US military called contamination by radioactive isotopes sunshine units. Such was part of the superficially innocuous formulation Endlösung der Judenfrage, a euphemism may often devolve into a taboo word itself, through the linguistic process known as pejoration or semantic change described by W. V. O
Euphemism
–
Sign in a
Rite Aid drugstore using common American euphemisms for (from top)
contraceptives,
douches,
tampons, and
menstrual pads, respectively
37.
Fiction
–
Fiction is the classification for any story or similar work derived from imagination—in other words, not based strictly on history or fact. Fiction does not refer to a mode or genre, unless used in its narrowest sense to mean a literary narrative. Instead, the context of fiction is generally open to interpretation, characters and events within a fictional work may even be openly set in their own context entirely separate from the known universe, a fictional universe. Science fiction, for example, predicts or supposes technologies that are not realities at the time of the works creation, for example, Jules Vernes novel From the Earth to the Moon was published in 1865 and only in 1969 did astronaut Neil Armstrong first land on the moon. Historical fiction places imaginary characters into real historical events, in the early historical novel Waverley, Sir Walter Scotts fictional character Edward Waverley meets a figure from history, Bonnie Prince Charlie, and takes part in the Battle of Prestonpans. Some works of fiction are slightly or greatly re-imagined based on some originally true story, often, even when the author claims the fictional story is basically true, there may be artificial additions and subtractions from the true story to make it more interesting. One such example would be Tim OBriens The Things They Carried, creators of fantasy sometimes introduce entire imaginary creatures or beings such as dragons and fairies. In terms of the separation between fiction and non-fiction, the lines are now commonly understood as blurred, showing more overlap than mutual exclusion. Even fiction usually has elements of, or grounding in, truth, also, infinite fictional possibilities themselves signal the impossibility of fully knowing reality, provocatively demonstrating that there is no criterion to measure constructs of reality. The Internet has had a impact on the creation and distribution of fiction. Also, digital libraries such as Project Gutenberg make public domain texts more readily available, the combination of inexpensive home computers, the Internet and the creativity of its users has also led to new forms of fiction, such as interactive computer games or computer-generated comics. Countless forums for fan fiction can be online, where loyal followers of specific fictional realms create and distribute derivative stories. Types of literary fiction in prose, Short story, A work of at least 2,000 words, the boundary between a long short story and a novella is vague. Novella, A work of at least 17,500 words, joseph Conrads Heart of Darkness is an example of a novella. Novel, A work of 50,000 words or more, cartoonist Character Fiction writing Legend Mythology Non-fiction Pseudohistory Eco, Umberto 2009. On the ontology of fictional characters, A semiotic approach
Fiction
–
An illustration from
Lewis Carroll 's
Alice's Adventures in Wonderland, depicting the fictional
protagonist,
Alice, playing a
fantastical game of
croquet.
38.
Licentiate
–
A licentiate is a degree below that of a PhD given by some European universities before the implementation of the Bologna Process. The term is used for a person who holds this degree. Many countries have degrees with this title, but they may represent different educational levels, originally, for the student in the medieval university the licentia docendi was of a somewhat different nature than the academic degrees of bachelor, master or doctor. The latter essentially indicated the rank of seniority in the various faculties and it was awarded not by the university but by the church, embodied in the chancellor of the diocese in which the university was located. Over time however, this distinction in nature between the licentia on the one hand and the bachelor, master and doctor degrees on the other began to fade, moreover, the costs for obtaining the doctorate could be significant. As a result, most students not intending on a career would forgo the doctorate. A notable exception to this development were the universities of Oxford and Cambridge, as their locations were not the seats of bishops, the granting of the licentia docendi happened by proxy, and its significance faded away. In Argentina, the Licentiate degree, by which one becomes a licenciada or a licenciado, is a four- to six-year degree. Its equivalent to an M. Sc. or M. A. in North American universities, occasionally, the achievement of the Licentiate degree does not require the formal writing of a thesis, although almost always, some amount of research is required. The successful defense of the Tesis de Licenciatura automatically habilitates the candidate to apply to a Masters or Doctorate degree in a field of science. Similarly, for theological colleges in former times, the licentiate was a specific post graduate award and it was used specifically because some theological colleges did not enjoy university status, and could not award degrees such as baccalaureates, masters and doctorates. Though this was never the case in Catholic Colleges where the Licentiate cannot be earned until one has completed 7 years of study, in such an instance, it sits well above the level of graduate diploma between that of masters and doctorate. The Catholic Institute of Sydney is a Pontifical Faculty and as such offers the Licentiate of Sacred Theology which ranks above a masters degree and can only be earned after seven years of study. The licentiate is part of the three cycles of education in the Roman Catholic Church that was instituted in 1931, baccalaureate, licentiate and doctorate. It is the licentiate that licences faculty to teach in seminaries, see John Paul IIs apostolic constitution, Sapientia Christiana. At Belgian universities, a person titled Licentiate holds the equivalent education of a Masters degree, a female Licentiate was called Licentiate in Dutch and Licenciée in French. The years spent to obtain the degree of Licentiate were called Licentiaat or Licentie in Dutch and it was the second level of university study, after that of Candidate. A female Candidate was called Kandidate in Dutch and Candidate in French, the years spent to obtain the degree of Candidate were called Kandidaats or Kandidatuur in Dutch and Candidature in French
Licentiate
–
A licenciatura or licentiate degree diploma from
Portugal
39.
Academic degree
–
An academic degree is a qualification awarded on successful completion of a course of study in higher education, normally at a college or university. These institutions commonly offer degrees at various levels, typically including bachelors, master’s and doctorates, often alongside other academic certificates, and professional degrees. The most common degree is the bachelors degree, although in some countries lower qualifications are titled degrees while in others a higher-level first degree is more usual. The degrees awarded by European universities—the bachelor’s degree, the licentiate, the degree. The doctorate appeared in medieval Europe as a license to teach at a medieval university and its roots can be traced to the early church when the term doctor referred to the Apostles, church fathers and other Christian authorities who taught and interpreted the Bible. The right to grant a licentia docendi was originally reserved to the church required the applicant to pass a test, to take oath of allegiance. The Third Council of the Lateran of 1179 guaranteed the access – now largely free of charge – of all able applicants, at the university, doctoral training was a form of apprenticeship to a guild. The traditional term of study before new teachers were admitted to the guild of Master of Arts, originally the terms master and doctor were synonymous, but over time the doctorate came to be regarded as a higher qualification than the master degree. The earliest doctoral degrees reflected the historical separation of all higher University study into three fields. Over time, the D. D. has gradually become less common outside theology, Studies outside theology, law, and medicine were then called philosophy, due to the Renaissance conviction that real knowledge could be derived from empirical observation. The degree title of Doctor of Philosophy is of a later time. Studies in what once was called philosophy are now classified as sciences and humanities, Master of Arts were eligible to enter study under the higher faculties of Law, Medicine or Theology, and earn first a bachelors and then master or doctors degrees in these subjects. Thus a degree was only a step on the way to becoming a qualified master – hence the English word graduate. The naming of degrees eventually became linked with the subjects studied, scholars in the faculties of arts or grammar became known as master, but those in theology, medicine, and law were known as doctor. As study in the arts or in grammar was a prerequisite to study in subjects such as theology, medicine and law. The practice of using the doctor for PhDs developed within German universities. The French terminology is tied closely to the meanings of the terms. The baccalauréat is conferred upon French students who have completed their secondary education
Academic degree
–
Meeting of doctors at the
University of Paris (16th-century miniature)
Academic degree
–
Spanish Official University Education Legal Framework 02
40.
Doctorate
–
There are a variety of doctoral degrees, with the most common being the Doctor of Philosophy, which is awarded in many different fields, ranging from the humanities to the scientific disciplines. The term doctor derives from the Latin docere meaning to teach, the doctorate appeared in medieval Europe as a license to teach Latin at a university. Its roots can be traced to the church in which the term doctor referred to the Apostles, church fathers. The right to grant a licentia docendi was originally reserved to the Catholic church, the Third Council of the Lateran of 1179 guaranteed the access—at that time largely free of charge—of all able applicants. This right remained a bone of contention between the authorities and universities that were slowly distancing themselves from the Church. The right was granted by the pope to the University of Paris in 1213 where it became a universal license to teach, according to Keith Allan Noble, the first doctoral degree was awarded in medieval Paris around 1150. The so-called professional, vocational, or technical curriculum of the Middle Ages included only theology, law, the doctorate of philosophy developed in Germany in the 17th century. The term philosophy does not refer solely to the field or academic discipline of philosophy, but is used in a sense in accordance with its original Greek meaning. In most of Europe, all fields were traditionally known as philosophy, the doctorate of philosophy adheres to this historic convention, even though the degrees are not always for the study of philosophy. D. University doctoral training was a form of apprenticeship to a guild, the traditional term of study before new teachers were admitted to the guild of Masters of Arts was seven years, matching the apprenticeship term for other occupations. Originally the terms master and doctor were synonymous, but over time the doctorate came to be regarded as a higher qualification than the masters degree, University degrees, including doctorates, were originally restricted to men. The use and meaning of the doctorate has changed over time, for instance, until the early 20th century few academic staff or professors in English-speaking universities held doctorates, except for very senior scholars and those in holy orders. After that time the German practice of requiring lecturers to have completed a research doctorate spread, universities shift to research-oriented education increased the doctorates importance. Today, a doctorate or its equivalent is generally a prerequisite for an academic career. Professional doctorates developed in the United States from the 19th century onward, the first professional doctorate to be offered in the United States was the M. D. The MD became the standard first degree in medicine during the 19th century, the MD, as the standard qualifying degree in medicine, gave that profession the ability to set and raise standards for entry into professional practice. The modern research degree, in the shape of the German-style Ph. D. was first awarded in the U. S. in 1861, in the UK, research doctorates initially took the form of higher doctorates, introduced from 1882 onwards. The PhD spread to the UK from the US via Canada, following the MD, the next professional doctorate, the Juris Doctor, was established by Chicago University in 1902
Doctorate
–
Academic doctors gather before the commencement exercises at
Brigham Young University (April 2008).
Doctorate
–
The cover of the
thesis presented by
Claude Bernard to obtain his
Doctorate of Medicine (1843).
Doctorate
–
The ancient ceremony of bestowing
Complutense 's Doctoral
biretta.
Doctorate
–
In 1861,
Yale University awarded the first
Doctorate of Philosophy (Ph.D.) in the United States.
41.
Education in Sweden
–
Education in Sweden is mandatory for all children between age 7 and age 16. The school year in Sweden runs from mid/late August to early/mid June, the Christmas holiday from mid December to early January divides the Swedish school year into two terms. Homeschooling is closely supervised by the government and very limited, from the age of one, children can be admitted to pre-school. Pre-schools help provide an environment that stimulates childrens development and learning, immersion methods amongst children aged four to seven is highly emphasized in compulsory school. Between ages 6/7 and 15/16, children attend compulsory comprehensive school, the vast majority of schools in Sweden are municipally run, but there are also autonomous and publicly funded schools, known as independent schools. The education in independent schools has many objectives in common with the municipal school, a handful of boarding schools, known as private schools, are funded by privately paid tuition. Women are more educated than men, the level of education is highest among those aged 25–34, and it decreases with age. Both upper secondary school and university studies are financed by taxes, some Swedes go straight to work after secondary school. Swedish fifteen-years-old pupils have the 22nd highest average score in the PISA assessments, förskola, colloquially daghem or dagis, is the kindergarten. Grundskola is the 1-9 grade primary school, Gymnasieskola is the three-year secondary school. Högskola is a school and universitet is a tertiary school with postgraduate education. Historical terms include småskola and folkskola for primary school and läroverk for secondary school, formerly, högskola usually meant a one-faculty school – usually professionally oriented – while universitet contained many faculties. Students in Swedish primary schools have very limited choice regarding their curriculum, a similar situation applies to most other subjects. This is the result of an effort to streamline curricula. Critics claim it has lowered results significantly among talented students without raising them within other groups, in many schools the course Elevens Val is offered, which can include, for instance, drama, an extra foreign language, or help in different subjects. The Swedish School Plan also highly encourages an individualistic education in each student has their specific needs met. Homeschooling is very in extent and heavily regulated, the educational system in Sweden is based on a nine-year primary school, or Grundskola, with mandatory attendance. Following this comes an elective three-year secondary school, or Gymnasieskola, the preparatory instance allows for specialization in either natural sciences or social sciences
Education in Sweden
–
Class of 15- and 16-year-olds celebrates a successfully completed Realexamen in a
Stockholm suburb in 1965.
42.
Education in Finland
–
Education in Finland is an education system with no tuition fees and with fully subsidised meals served to full-time students. Inclusive special education within the classroom and instructional efforts to minimize low achievement are also typical of Nordic educational systems, tertiary education is divided into university and polytechnic systems. Universities award licentiate- and doctoral-level degrees, formerly, only university graduates could obtain higher degrees, however, since the implementation of the Bologna process, all bachelors degree holders can now qualify for further academic studies. There are 17 universities and 27 universities of applied sciences in the country, the Finnish Ministry of Education attributes its success to the education system, highly competent teachers, and the autonomy given to schools. Finland has consistently ranked high in the PISA study, which compares national educational systems internationally, although in the recent years Finland has been displaced from the very top. In the 2012 study, Finland ranked sixth in reading, twelfth in mathematics and fifth in science, Finlands tertiary Education has moreover been ranked first by the World Economic Forum. While celebrated for its success, Finlands gender gap on the 2012 PISA reading examinations was identified in a 2015 Brookings Institution report as the largest among participating nations. The performance of 15-year-old boys on that reading examination was not significantly different from OECD averages and 0.66 standard deviations behind that of girls the same age. Literacy is a key part of Lutheranism, the state and majority religion of Finland, bishop Mikael Agricola studied under Martin Luther and translated the New Testament to Finnish in 1548. Literacy reached over 50% in the late 18th century and 80-90% in the mid-19th century, wherein there were no schools in the municipality, reading was taught in traveling schools. Confirmation, a rite of transition to adulthood, is permissible to the literate. Official statistics are available since 1880, when literacy was 97. 6%, in the 19th century, the system evolved into what was later known as kansakoulu and oppikoulu, including gymnasium, followed by university. In mid-19th century, Finnish became a language, and gradually replaced Swedish as the schooling language. In 1898, everyone was given the right to attend kansakoulu, attendance reached 50% in 1911 and became mandatory in 1921, municipalities were obliged to provide the schooling. Free school lunches became mandatory in 1948, oppikoulu, entered at the age of 10, was still optional and entrance was competitive. Since it was the way to university education and entrance was heavily affected by the status and choices of parents. Working-class people would complete only the kansakoulu and enter the workforce. This system was phased out in 1972-1977, in favor of the system where grades 1-9 are mandatory
Education in Finland
–
University of Jyväskylä Ylistönrinne campus
Education in Finland
–
Education in Finland
43.
Software license
–
A software license is a legal instrument governing the use or redistribution of software. Under United States copyright law all software is copyright protected, in code as also object code form. The only exception is software in the public domain, most distributed software can be categorized according to its license type. Two common categories for software under copyright law, and therefore with licenses which grant the licensee specific rights, are proprietary software and free, unlicensed software outside the copyright protection is either public domain software or software which is non-distributed, non-licensed and handled as internal business trade secret. Contrary to popular belief, distributed unlicensed software is copyright protected. Examples for this are unauthorized software leaks or software projects which are placed on public software repositories like GitHub without specified license. As voluntarily handing software into the domain is problematic in some international law domains, there are also licenses granting PD-like rights. Therefore, the owner of a copy of software is legally entitled to use that copy of software. Hence, if the end-user of software is the owner of the respective copy, as many proprietary licenses only enumerate the rights that the user already has under 17 U. S. C. §117, and yet proclaim to take away from the user. Proprietary software licenses often proclaim to give software publishers more control over the way their software is used by keeping ownership of each copy of software with the software publisher. The form of the relationship if it is a lease or a purchase, for example UMG v. Augusto or Vernor v. Autodesk. The ownership of goods, like software applications and video games, is challenged by licensed. The Swiss based company UsedSoft innovated the resale of business software and this feature of proprietary software licenses means that certain rights regarding the software are reserved by the software publisher. Therefore, it is typical of EULAs to include terms which define the uses of the software, the most significant effect of this form of licensing is that, if ownership of the software remains with the software publisher, then the end-user must accept the software license. In other words, without acceptance of the license, the end-user may not use the software at all, one example of such a proprietary software license is the license for Microsoft Windows. The most common licensing models are per single user or per user in the appropriate volume discount level, Licensing per concurrent/floating user also occurs, where all users in a network have access to the program, but only a specific number at the same time. Another license model is licensing per dongle which allows the owner of the dongle to use the program on any computer, Licensing per server, CPU or points, regardless the number of users, is common practice as well as site or company licenses
Software license
–
Diagram of software under various licenses
44.
Amateur radio license
–
The amateur radio service is established by the International Telecommunication Union through the International Telecommunication Regulations. National governments regulate technical and operational characteristics of transmissions and issue individual stations licenses with a call sign. Prospective amateur operators are tested for their understanding of key concepts in electronics, according to an estimate made in 2011 by the American Radio Relay League, two million people throughout the world are regularly involved with amateur radio. About 830,000 amateur radio stations are located in IARU Region 2 followed by IARU Region 3 with about 750,000 stations, a significantly smaller number, about 400,000, are located in IARU Region 1. The origins of amateur radio can be traced to the late 19th century, the First Annual Official Wireless Blue Book of the Wireless Association of America, produced in 1909, contains a list of amateur radio stations. This radio callbook lists wireless telegraph stations in Canada and the United States, as with radio in general, amateur radio was associated with various amateur experimenters and hobbyists. Amateur radio enthusiasts have significantly contributed to science, engineering, industry, research by amateur operators has founded new industries, built economies, empowered nations, and saved lives in times of emergency. Ham radio can also be used in the classroom to teach English, map skills, geography, math, science, the term ham radio was first a pejorative that mocked amateur radio operators with a 19th-century term for being bad at something, like ham-fisted or ham actor. It had already used for bad wired telegraph operators. Subsequently, the community adopted it as a moniker, much like the Know-Nothing Party, or other groups. Other, more entertaining explanations have grown up throughout the years, the many facets of amateur radio attract practitioners with a wide range of interests. Many amateurs begin with a fascination of radio communication and then combine other personal interests to make pursuit of the hobby rewarding, some of the focal areas amateurs pursue include radio contesting, radio propagation study, public service communication, technical experimentation, and computer networking. Amateur radio operators use various modes of transmission to communicate, the two most common modes for voice transmissions are frequency modulation and single sideband. FM offers high quality audio signals, while SSB is better at long distance communication when bandwidth is restricted. Radiotelegraphy using Morse code, also known as CW from continuous wave, is the extension of landline telegraphy developed by Samuel Morse. Morse, using internationally agreed message encodings such as the Q code, a similar legacy mode popular with home constructors is amplitude modulation, pursued by many vintage amateur radio enthusiasts and aficionados of vacuum tube technology. Demonstrating a proficiency in Morse code was for years a requirement to obtain an amateur license to transmit on frequencies below 30 MHz. Following changes in regulations in 2003, countries are no longer required to demand proficiency
Amateur radio license
–
An example of an amateur radio station with four transceivers, amplifiers, and a computer for logging and for digital modes. On the wall are examples of various amateur radio awards, certificates, and a reception report card (QSL card) from a foreign amateur station.
Amateur radio license
–
Antenna theory
Amateur radio license
–
An amateur radio station in the United Kingdom. Multiple transceivers are employed for different bands and modes. Computers are used for control, datamodes, SDR and logging.
Amateur radio license
–
NASA astronaut Col.
Doug Wheelock, KF5BOC,
Expedition 24 flight engineer, operates the NA1SS ham radio station in the
Zvezda Service Module of the
International Space Station. Equipment is a
Kenwood TM-D700E transceiver.
45.
Dog license
–
A dog licence is required in some jurisdictions to be the keeper of a dog. Usually a dog-licence identifying number is issued to the owner, along with a dog tag bearing the identifier, if a stray pet is found with the tag, a rescuer can call the registering organization to get current contact information for the dogs owner. Licensing a dog might require additional actions on the owners part, in many jurisdictions a fee, which is usually small, must be paid. Licences typically must be renewed annually or after some number of years. China Dogs need a RMB500 licence in Beijing, China, great Britain Dog licensing was abolished in 1987. Prior to this dog licences were mandatory, but the requirement was widely ignored, the final rate for a dog licence was 37 pence, reduced from 37½p when the halfpenny was withdrawn in 1984. This figure was a conversion from 7/6 on decimalisation in 1971. The revenue went to local authorities. From 2016 it is a requirement that all dogs in England have a microchip, northern Ireland Dog licences are required under the Dogs Order 1983. As of October 2011 dog licences cost £12.50 a year, united States Most states, municipalities, or other jurisdictions require dog licences along with rabies vaccination, and the licence duration cannot exceed the time the vaccine is effective. As a way of preventing the overpopulation of animals, some charge a significantly lower licensing fee if the owner presents veterinary proof that the dog has been spayed or neutered. California and Maryland also have areas where cat licences are required. Canada Dog licences are required in most cities in Canada, along with proof of rabies vaccination and these requirements are set by the municipality, and exact regulations differ from city to city. Many owners also choose to tattoo and/or microchip their pets, denmark A tax was imposed on dog-owners from 1927. But the tax was abolished in 1970, australia Dog licences are mandated by state and territory legislation but are issued by local governments. Hence the cost of a licence and the format of the licence tag vary across the country, some areas, such as Victoria, require cat registration and microchipping also. New Zealand Under the Dog Control Act 1996 all dogs over 3 months old are required to be registered with the city or district council the dog resides in. As a prerequisite, all classified as dangerous or menacing. All dog registrations expire yearly on 30 June, and must be renewed by 31 July, each registered dog must wear a tag specifying the council, registration expiry date, and registration number of the dog, with the colour of the tag changing every year for easy identification
Dog license
–
An Irish dog licence
revenue stamp used in 1904 and showing an
Irish Wolfhound.
Dog license
–
The dog licence tag might be one of several
dog tags worn.
46.
Hunting license
–
A hunting license is a regulatory or legal mechanism to control recreational and sports hunting. Hunting may be regulated informally by unwritten law, self-restraint, a moral code, the purposes for requiring hunting licenses include the protection of natural treasures, and raising tax revenue. Amongst the first hunting laws in the Common law tradition was from the time of William the Conqueror, in the Peterborough Chronicle entry of 1087, The Rime of King William reported in verse that, Whoever killed a hart or a hindShould be blinded. This was because William the Conquerors moral life lives in the landscape and these reasons include, public safety, regulation and conservation of wild animals, revenue for the sovereign state, and containing the transmission of animal-borne diseases. The safety issues are highlighted in urban areas and shopping districts. For example, after in an incident in November 2012 whereby a man shot at a deer in a Walmart parking lot in Pennsylvania. Hunting without a license, shooting on or across highways and unlawful killing or taking of big game, all firearm owners and users in Australia require a firearms licence, but normally do not require a licence to hunt. Most target species are feral or introduced species, and almost all animals are protected. Landowners may obtain a Destruction Permit to kill or remove native species when their numbers impact agriculture, Hunting in New South Wales national parks requires a R-licence issued by the Game Council, but this situation has been suspended pending review. Hunting regulation and licensing falls under both provincial/territorial and federal jurisdiction, for example, Migratory Game Bird Hunting license is issued by the Canadian Wildlife Service, an agency of Environment Canada. All other matters fall under the provincial/territorial jurisdiction, the use of firearms in hunting is also separated into provincial/territorial and federal jurisdiction. In Québec hunter education and licensing is managed by the Fédération Québécoise de la Faune, a German hunting license is a certificate that grants its holder the exercise of hunting within legal ordinances. It is also the precondition to own hunting arms and ammunition, the actual right to exercise hunting in a specific area is entitled to the respective landowners who may use their right for themselves or lease it. Depending on size and value of a hunting area a typical leasing rate may vary from about 10 to 100 USD per acre per year, additionally the lesse has to pay the landowner any damage by deers, wild hogs etc. The right to hunt is connected to the duty to care for all kind of animals listed by the hunting laws. For several species such as deers plans have to be developed by hunters and authorities, how many animals of a specified class, the purpose of the hunting license is to ensure that only well trained persons may exercise hunting. The hunting exam is a test of expertise with a failure rate. To pass it, each applicant has to participate in a comprehensive, difficult instruction course which consists largely of the shooting, theory
Hunting license
–
1922
Kansas hunting license
47.
Admission to practice law
–
An admission to practice law is acquired when a lawyer receives a license to practice law. In jurisdictions with two types of lawyer, as barristers and solicitors, barristers must gain admission to the bar whereas for solicitors there are distinct practising certificates. Becoming a lawyer is a widely varied process around the world, Common to all jurisdictions are requirements of age and competence, some jurisdictions also require documentation of citizenship or immigration status. However, the most varied requirements are those surrounding the preparation for the license, whether it includes obtaining a law degree, passing an exam, in English, admission is also called a law license. Basic requirements vary from country to country, as described below, in some jurisdictions, after admission the lawyer needs to maintain a current practising certificate to be permitted to offer services to the public. Legal practice in Kenya is governed by the Advocates Act, Chapter 16 of the Laws of Kenya, only lawyers admitted to the Bar, known as Advocates of the High Court of Kenya, have the right of audience before Kenyan courts. The call is made in court by taking an oath before the Chief Justice who pronounces the admission. Usually, several lawyers are admitted to the Bar at the same session, to maintain eligibility to practice before courts, one must pay an annual fee for a practising certificate to the Law Society of Kenya, although the certificate is issued by the Court Registrar. Non-payment renders one ineligible to appear before courts, to appear before the Supreme Court, one must be an advocate of seven years standing. Admission to practice is a matter for each State, New Zealand practitioners may apply for admission pursuant to Trans-Tasman Mutual Recognition Act 1997. New South Wales A person is admitted as a legal practitioner after completing the required academic and these matters are dealt with in the Legal Profession Act 2004. The applicant applies to the Legal Profession Admission Board who assesses applications, after admission, a person is then entitled to apply for a practising certificate from the Law Society of New South Wales, or the NSW Bar Association. The practising certificate requires the payment of fees, insurance and a contribution to the fidelity fund, furthermore, the Legal Profession Rules 2008 replace articles of clerkship with supervised workplace training and make changes to the process of admission to practice. In the Peoples Republic of China, one must first obtain a degree, pass the National Judicial Examination. Hong Kong makes a distinction between barristers and solicitors, Admission to either profession requires a law degree and a Postgraduate Certificate in Laws. The apprenticeship to become a barrister is only one year, while a solicitor must apprentice for two years, foreign lawyers may be admitted as solicitors by passing the Overseas Qualified Lawyers Examination and satisfying a three months residence requirement. Foreign lawyers may also be admitted as barristers by passing the Barristers Qualification Examination, in India, prospective lawyers must complete an undergraduate law degree after 12 years of schooling and obtain an Honours Law Degree, where the course is a five years course. The first undergraduate foundational and generic degree, is awarded three years of study, and the professional Law Degree called the LL. B
Admission to practice law
–
A British lawyer at the tribunal, 19th century
48.
Marriage license
–
A marriage license is a document issued, either by a church or state authority, authorizing a couple to marry. The procedure for obtaining a license varies between countries and has changed over time, Marriage licenses began to be issued in the Middle Ages, to permit a marriage which would otherwise be illegal. Today, they are a requirement in some jurisdictions and may also serve as the record of the marriage itself, if signed by the couple. In other jurisdictions, a license is not required, in some jurisdictions, a pardon can be obtained for marrying without a license, and in some jurisdictions, common-law marriages and marriage by cohabitation and representation are also recognized. These do not require a marriage license, there are also some jurisdictions where marriage licenses do not exist at all and a marriage certificate is given to the couple after the marriage ceremony had taken place. They are entitled to rights as to marriage, during marriage. Marriage shall be entered only with the free and full consent of the intending spouses. For most of Western history, marriage was a contract between two families. Until the 16th century, Christian churches accepted the validity of a marriage on the basis of a couple’s declarations, if two people claimed that they had exchanged marital vows—even without witnesses—the Catholic Church accepted that they were validly married. Some states in the US hold that public cohabitation can be sufficient evidence of a valid marriage, Marriage license application records from government authorities are widely available starting from the mid-19th century. Some are available dating from the 17th century in colonial America, Marriage licenses have been required since 1639 in Massachusetts, with their use gradually expanding to other jurisdictions. A requirement for banns of marriage was introduced to England and Wales by the Church in 1215, licences were usually granted by an archbishop, bishop or archdeacon. The other was the licence, which could only be granted by the Archbishop of Canterbury or his officials. To obtain a licence, the couple, or more usually the bridegroom, had to swear that there was no just cause or impediment why they should not marry. A bond was also lodged with the authorities for a sum of money to be paid if it turned out that the marriage was contrary to Canon Law. The bishop kept the allegation and bond and issued the licence to the groom, there was no obligation for the vicar to keep the licence and many were simply destroyed. Hence, few examples of marriage licences, in England and Wales. However, the allegations and bonds were usually retained and are an important source for English genealogy, Hardwickes Marriage Act 1753 affirmed this existing ecclesiastical law and built it into statutory law
Marriage license
–
Marriage License from the State of Georgia
49.
Pilot licensing and certification
–
This includes taking a flying test. The certified pilot can then exercise a specific set of privileges in that nations airspace, in addition, U. S. pilots are certified, not licensed, although the word license is still commonly used informally. Legally, pilot certificates can be revoked by administrative action, whereas licensing requires intervention by the judiciary system, in the United States, pilot certification is regulated by the Federal Aviation Administration, a branch of the Department of Transportation. A pilot is certified under the authority of Parts 61 and 141 of Title 14 of the Code of Federal Regulations, in Canada, licensing is issued by Transport Canada. Pilot licensing began soon after the invention of powered aircraft in 1903, the Aéro-Club de France was founded in 1898 to encourage aerial locomotion. The Royal Aero Club followed in 1901 and the Aero Club of America was established in 1905, however, certificates or ratings from them were not initially mandatory. The Aéro-Club de France began issuing certificates in 1910, although these were awarded retroactively to 7 January 1909, the first certificates were to established pioneers, among them Frenchman Louis Bleriot, Henry and Maurice Farman and the Wright Brothers. The Royal Aero Club in the UK also began the issue of its first certificates in 1910, among the earliest recipients of the first aviation certificates were, J. T. C. British and French certificates were recognized internationally by the FAI, the Aero Club of America began issuing licenses in 1911, although these were not mandatory, and were more for prestige and show. The first recipients were Glenn Curtiss, Frank Purdy Lahm, Louis Paulhan, the requirement for an Aero Club ticket was to ascend in the machine and fly a course of a figure-eight at a given height. Individual states sometimes posed a mandate for a license but it wasnt a Federal cause until 1917, pilots are certificated to fly aircraft at one or more named privilege levels and, at each privilege level, are rated to fly aircraft of specific categories. In the US, privilege levels of pilot certificates are, Student, Sport, Cannot carry more than one passenger, authorized to fly only light-sport aircraft and are limited to daytime flying only. If an individual elects to receive instruction, some of the limitations may be removed. Recreational, May fly aircraft of up to 180 horsepower and 4 seats in the daytime for pleasure only, private, May fly for pleasure or personal business. Private pilots cannot be paid, compensated to fly, or hired by any operator, commercial, Can be paid, compensated to fly, or hired by operators and are required to have higher training standards than private or sport pilots. Flight instructor, Flight instructors are commercial pilots who have trained and can demonstrate various teaching techniques, skills. Airline Transport Pilot, ATPs, as they are called, typically qualify to fly the major airliners of the US transit system, ATPs must qualify with a range of experience and training to be considered for this certificate. Pilot privileges are further broken down into category, class, further endorsements are required for high-performance, complex, or tailwheel-equipped aircraft, as well as for high-altitude operations
Pilot licensing and certification
–
Balloon pilot's licence issued by the
Aéro-Club de France to Mr. Tissandier.
50.
Television license
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The licence is sometimes also required to own a radio or receive radio broadcasts. However, in cases the balance between public funding and advertisements is the opposite - the Polish TVP broadcaster receives more funds from advertisements than from its TV tax. The early days of broadcasting presented broadcasters with the problem of how to raise funding for their services, the licence was originally known as a wireless licence. Some countries also have different fees for users with colour or monochrome TV, many give discounts, or charge no fee, for elderly and/or disabled consumers. National public broadcasters in countries also carry supplemental advertising. In 1993, this treaty entered into force when it achieved 7 ratifications including 5 member states and it has since been acceded to by 34 countries, as of 2010. The Museum of Broadcast Communications in Chicago notes that two-thirds of the countries in Europe and half of the countries in Asia, TV licensing is rare in the Americas, largely being confined to French overseas departments and British Overseas Territories. In some countries, radio channels and broadcasters web sites are funded by a radio receiver licence, giving access to radio. The actual cost and implementation of the television licence varies greatly from country to country, the rest of this section looks at the licence fee in a number of countries around the world. The Albanian licence fee is 800 lekë per year, however, the licence fee makes up only a small part of public broadcaster RTShs funding. RTSh is mainly funded directly from the government through taxes, the remaining 42% comes from commercials, in accordance with the Austria RGG all broadcasting reception equipment in use or operational at a given location must be registered. The location of the equipment is taken to be places of residence or any other premises with a purpose of use. GIS employs some 191 people and approximately 125 freelancers in field service,3.4 million Austrian households are registered at GIS, percentage of licence dodgers in Austria amounts to 2. 5%. The main principle of GIS communication strategy is to instead of control. Annual fees from April 2012 are, The licence fee in Belgiums Walloon Region is €100.00 for a TV and €0.00 for a radio in a vehicle. Only one licence is needed for each household with a functional TV receiver regardless of the number, household radios do not require a licence. The money raised by the fee is used to fund Belgiums French, people with certain disabilities are exempt from paying the television licence fee. Hotels and similar lodging establishments must pay a fee of €50.00 for each additional functional TV receiver and are required to pay between January 1 and March 1 inclusive
Television license
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A
Leyland Sherpa television 'detector' van from the 1980s.
Television license
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Funding of European public broadcasters
Television license
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TV licence evasion in the UK, 2014
Television license
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How the TV licence Fee is spent in the UK, 2014
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FOSS Licensing at Wikibooks
