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  <%-- Page Title--%> Issue No 143 <%-- End Page Title--%>  

June 6, 2004 

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Rule against perpetuities
A common law rule that prevents suspending the transfer of property for more then 21 years or a lifetime plus 21 years. For example, if a will proposes the transfer of an estate to some future date, which is uncertain, for either more than 21 years after the death of the testator or for the life of a person identified in the will and 21 years, the transfer is void. Statute law exists in many jurisdictions which supersedes the common law rule.

Sanction
This is a very unusual word with two contradictory meanings. To "sanction" can mean to ratify or to approve but it can also mean to punish. The "sanction" of a crime refers to the actual punishment, usually expressed as a fine or jail term.

Scienter
Latin for knowledge. In legal situations, the word is usually used to refer to "guilty knowledge". For example, owners of vicious dogs may be liable for injuries caused by these dogs if they can prove the owner's "scienter" (i.e. that the owner was aware, before the attack, of the dog's vicious character).

Search warrant
A court order (i.e. signed by a judge) that gives a police the permission to enter private property and to search for evidence of the commission of a crime, for the proceeds of crime or property that the police suspect may be used to commit a crime. These court orders are obtained on the basis of a sworn statement by the requesting law enforcement officer and will precisely describe the place to be searched and, in some cases, the exact property being sought.

Seisin
The legal possession of property. In law, the term refers more specifically to the possession of land by a freeholder. For example, a owner of a building has seisin, but a tenant does not, because the tenant, although enjoying possession, does not have the legal title in the building.

 









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