Fair and Legal Definition
n. In English law. A larger type of market; A privileged market. It is a non-tangible inheritance granted by royal patent or established by prescription subject to the approval of the Crown. In earlier English law, the right to vote to hold mass conferred certain important privileges; and trade fairs as legally recognized institutions had special legal characteristics. However, most of these privileges and features are now obsolete. In America, fairs in the ancient technical sense are unknown and, in the modern and popular sense, they are entirely voluntary and not legal, and the transactions arising from them in or in connection with them are subject to the general rules of sale, etc. The term “fair and equitable” is used primarily in two areas of law: insolvency law and family law. It is also misunderstood by clients – almost more than any other legal term in our books.
This is mainly because many people confuse the word “just” with “equality” or “equal.” And they are very different concepts. So what does fair and equitable really mean? RIGHT. This word is used in different meanings: 1. Sometimes it means a law, as when we say that natural law obliges us to keep our promises, or that it offers reparation, or that it forbids murder. In our language, it is rarely used in this sense. 2. This sometimes means that quality in our actions, by which they are designated only as such. This is generally referred to as justice. 3.
It is the quality of a man by which he can perform certain deeds or possess certain things which belong to him by virtue of a title. In this sense, we use it when we say that a man has a right to his property or to defend himself. Ruth, Inst. c. 2, §§ 1, 2, 3; Merlin; Repert. of Jurisp. word Right. See Wood`s Inst. 119.2.
Will this word be considered here in the latter sense only? The law is the correlative of duty, for wherever one has a right to which he is entitled, another must owe him a duty. 1 toull. No. 96. 3. Rights are perfect and imperfect. If the things we have the right to possess, or the acts to which we are entitled, are or can be fixed and destined, the right is perfect; But if the thing or the actions are vague and indefinite, the law is imperfect. If a man demands his property, which is denied to him, the right that supports his claim is perfect; For the thing required is, or can be, determined and determined. 4. But if a poor person asks for help from those from whom he has reason to expect, the law which supports his request is imperfect; Because the relief he expects is a vaguely vague thing. Pity.
Inst. v. 2, para. 4; Grot. free. 1, c. para. 4. 5. Rights are also absolute and nuanced. A man has the absolute right to recover property belonging to him; The representative has the right to recover such property if it has been entrusted to him and if it has been unlawfully seized from him.
Empty Trover. 6. Rights may also be decencyly subdivided into natural and civil rights, but since all the rights that man has received from nature have been modified and newly acquired by civil law, it is more correct to divide them into political and civil rights when examining their object. 7. Political rights consist of the power to participate, directly or indirectly, in the establishment or administration of a government. These political rights are set out in the Constitution. Every citizen has the right to elect and be elected; These are the political rights enjoyed by the humblest citizen. 8. Civil rights are those that are not related to the establishment, support or administration of government. These consist of the power to acquire and enjoy property, to exercise paternal and matrimonial power, etc. It will be observed that if everyone is not deprived of it by a civil sentence of death, he enjoys his civil rights, which is not the case with political rights; For a foreigner, for example, has no political rights, although he fully exercises his civil rights. 9.
The latter rights are divided into absolute and relative rights. Relative rights are public or private: the former are those that exist between the people and the government, such as the right to the protection of the people and the right of loyalty to the government; The second is the mutual rights of husband and wife, parent and child, guardian and ward, master and servant. 11. Rights are equally divided into legal and equitable rights. The first are those where the party has legal title to a thing, and in that case, their remedy is for a violation of that thing by bringing an action in court. Although the holder of the title may not have a real interest, but only hold it as trustee, the action must be brought in his name and not in that of the trust in general. 1 East, 497 8 T. R. 332; 1 Saund.
158, No. 1; 2 Bing. 20. The latter rights or equitable rights are those which may be enforced in a court of equity by the trust. See Bouv in general. Inst. Index, h.t. Remedy.
Any legal right that one person possesses refers to a corresponding legal obligation imposed on another. For example, if a person owns a house and property, he or she has the right to own and enjoy it without interference from others, who have a corresponding duty not to interfere with the owner`s rights by entering the property or breaking into the house. n. the anti-competitive right to use copyrighted material without granting the author the right to compensation or action for copyright infringement. With the increasing use of photocopiers, teachers and businesses are copying articles, pages of text, diagrams and excerpts to teach or advise staff or assist with research without infringing copyright.