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| 5/24 |
| 2013/6/3-7/23 [Reference/RealEstate] UID:54685 Activity:nil |
6/3 Why are "real estate" and "real property" called so? Does the part
"real" mean something like "not fake"?
\- without going into a long discourse into common law,
it is to distinguish land/fixed property from intangible
property [like a patent] and movable, personal property,
like your car. Real property has historically had special
rules, like needed written contract to sell/xfer.
Somewhat curiously, tangible/"movable" property
is also called "chattels", however you may get some
odd looks if you use that word ... but that word doesnt
just apply to cows. There is a lot of detail in this
book, ... like "what is the difference between disseisin
and novel disseisin" ... however it may be OOP:
http://www.amazon.com/Law-Land-Evolution-Legal-System/dp/0671243225
See also "actual malice".
--psb
\- BTW, one of the primary reason for the distinction between
real/personal property, is that until the mid-16th cent, real
property *could not be handed down in a will*, while
personal property could be. This was partially solved
by something called "livery of seisin", which had it's own
problems, until eventually addressed by the Statue of Wills
under Henry VIII ... something you probably didnt learn
watching THE TUDORS. (again, I'm speaking of england, which
is most relevant to the US. And the only area I am familiar
with).
\_ Is your wife still considered chattel property?
\_ Not in California.
\_ How about in Texas? |
| 5/24 |
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| www.amazon.com/Law-Land-Evolution-Legal-System/dp/0671243225 edu Format:Paperback Mr Rembar has created, if you can believe it, an engaging history of the Anglo-American legal system. He has done a superlative job of making the development of writs and other legal tools of the legal system we know today into a highly readable text which will appeal to those outside of the profession, as well as to practitioners. Using the last known duel to occur in the United States, Mr Rembar develops the concept of trial by battle into an explication of how our legal system came to be as it is. He shows how and why this archaic legal concept has fallen into disfavor and explains why the paradigm shifts have occured. His use of the reign of Henry II of England as an exemplar of legal innovation is entralling and gives a new insight into the lives and processes that stood at the inception of our law courts and all their minions. This book is currently my top recommendation to anyone who reads history for pleasure. Former Rater Format:Paperback|Amazon Verified Purchase Attorney Rembar is the counsel who successfully defended (mildly erotic by today's standards) literature before the Supreme Court. This work is a fascinating study of the history of law and a fine advocate's perspective of the western legal tradition from its British origins through modern statutory and regulatory systems. Rembar then uses a Zen-like analysis of the man and tiger as the introduction to his unique perspective on the evolution and application of the law. A fine, fine effort from the author of The Death of Obscenity. Acute Observer Format:Paperback Charles Rembar is the lawyer who successfully defended the publication of books that had been called obscene. He later wrote a book on these trials which won acclaim in New York and London. This book traces the growth of our legal system since Medieval times and contrasts it to the Civil Law used in Europe and other countries. The jury trial and cross-examination of witnesses are the prime differences of our Common Law. This book is divided into subjects, it does not proceed in historical order. It can be entertaining and educational, but often seems tedious. Rembar points out how the legal system has evolved over the centuries, things that are taken for granted today may only be one or two centuries old. Surely the Black Death of the 14th century must have had an effect on the laws? Before the Civil War only those corporations that served a public utility (water supplies, canals, and railroads) were given the privilege of limited liability. Afterwards this privilege was extended to companies and damaged many small businesses. Gerry Spence has pointed out how a trial lawyer is the common person's sole champion against the injuries of corporations. The corporate media attacks lawyers with stories designed to demean and deride lawyers (but not the corporate lawyers). One such attack is to argue against contingency fees, which would prevent many people from recovering damages for any personal injury. You can't depend on good will or laws unless someone has an interest in enforcing the laws (class action suits). The chapters on "Evidence" and "The Rights of the Accused" seem like the most relevant to a general audience. It basically forbids torture to get a suspect to confess. The Third Amendment prevents political oppression by any invasion of privacy. The 'Acknowledgment' lists the works of legal history found notable. |