TRUSTS Flashcards

Question

Revocation of Probate

Answer 1

A term for recalling a will that has been granted probate that happens as a newer will is found or another substantial cause.

Answer 2

In common law jurisdictions, a personal representative or legal personal representative is a person appointed by a court to administer the estate of another person. If the estate being administered is that of a deceased person, the personal representative is either an executor if the deceased person left a will or an administrator of an intestate estate. In other situations, the personal representative may be a (“guardian or trustee”), or other position. As a fiduciary, a personal representative has the duties of loyalty, candor or honesty, and good faith. In the United States, punctilio of honor, or the highest standard of honor, is the level of scrupulousness that a fiduciary must abide by. In either case of a deceased estate, a probate court of competent jurisdiction issues a finding of fact, including that a will has or has not been filed, and that an executor or administrator has been appointed. These are often referred to as "letters testamentary", "letters of administration" or "letters of representation", as the case may be. These documents, with the appropriate death certificate, are often the only license a person needs to do the banking, stock trading, real estate transactions, and other actions necessary to marshal and dispose of the deceased's estate in the name of the estate itself.

Answer 3

The phrase death certificate can refer either to a document issued by a medical practitioner certifying the deceased state of a person or, popularly, to a document issued by a person such as a registrar of vital statistics that declares the date, location and cause of a person's death as later entered in an official register of deaths.

Answer 4

Intestacy is the condition of the estate of a person who dies without having made a valid will or other binding declaration.[1] Alternatively this may also apply where a will or declaration has been made, but only applies to part of the estate; the remaining estate forms the "intestate estate". Intestacy law, also referred to as the law of descent and distribution, refers to the body of law (statutory and case law) that determines who is entitled to the property from the estate under the rules of inheritance. Intestacy has a limited application in those jurisdictions that follow civil law or Roman law because the concept of a will is itself less important; the doctrine of forced heirship automatically gives a deceased person's next-of-kin title to a large part (forced estate) of the estate's property by operation of law, beyond the power of the deceased person to defeat or exceed by testamentary gift. A forced share (or legitime) can often only be decreased on account of some very specific misconduct by the forced heir. In matters of cross-border inheritance, the "laws of succession" is the commonplace term covering testate and intestate estates in common law jurisdictions together with forced heirship rules typically applying in civil law and Sharia law jurisdictions. After the Statute of Wills 1540, Englishmen (and unmarried or widowed women) could dispose of their lands and real property by a will. Their personal property could formerly be disposed of by a testament, hence the hallowed legal merism last will and testament. Common law sharply distinguished between real property and chattels. Real property for which no disposition had been made by will passed by the law of kinship and descent; chattel property for which no disposition had been made by testament was escheat to the Crown, or given to the Church for charitable purposes. This law became obsolete as England moved from being a feudal to a mercantile society, and chattels more valuable than land were being accumulated by townspeople.

Answer 5

Escheat /ɪsˈtʃiːt/[1][2] is a common law doctrine that transfers the real 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. 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", via mediaeval French escheoir.[3] 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 (or "fief") died without an heir or committed a felony. In the case of such demise of a tenant-in-chief, the fee reverted to the King's demesne permanently, when it became once again a mere tenantless plot of land, but could be re-created as a fee by enfeoffment to another of the king's followers. Where the deceased had been subinfeudated by a tenant-in-chief, the fee reverted temporarily to the crown for one year and one day by right of primer seisin after which it escheated to the over-lord who had granted it to the deceased by enfeoffment. 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 personal possession of William the Conqueror under allodial title. The monarch thus became the sole "owner" of all the land in the kingdom, a position which persists to the present day. He then granted it out to his favoured followers, who thereby became tenants-in-chief, under various contracts of feudal land tenure. Such tenures, even the highest one of "feudal barony", never conferred ownership of land but merely ownership of rights over it, that is to say ownership of an estate in land. Such persons are therefore correctly termed "land-holders" or "tenants" (from Latin teneo to hold), not owners. If held freely, that is to say by freehold, such holdings were heritable by the holder's legal heir. On the payment of a premium termed feudal relief to the treasury, such heir was entitled to demand re-enfeoffment by the king with the fee concerned. Where no legal heir existed, the logic of the situation was that the fief had ceased to exist as a legal entity, since being tenantless no one was living who had been enfeoffed with the land, and the land was thus technically owned by either the crown or the immediate overlord (where the fee had been subinfeudated by the tenant-in-chief to a mesne lord, and perhaps the process of subinfeudation had been continued by a lower series of mesne-lords) as ultimus heres. Logically therefore it was in the occupation of the crown alone, that is to say in the royal demesne. This was the basic operation of an escheat (excadere), a failure of heirs. Escheat could also take place if a tenant was outlawed or convicted of a felony, when the King could exercise the ancient right of wasting the criminal's land for a year and a day, and after that the land would return to the lord. (However, one guilty of treason (rather than felony) forfeited all lands to the King. John and his heirs frequently insisted on seizing terrae Normannorum, "lands of the Normans", the English land of those who preferred to be Normans rather than Englishmen when the victories of Philip Augustus forced a proclamation of allegiance.) Since disavowal of a feudal 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, while not being outright rebellious against the lord. Remedies in the courts against this sort of thing, even in Bracton's day, were available, but were considered laborious and frequently ineffectual in compelling the desired performance. The commonest mechanism would be distraint, also called distress (districtio): the lord would seize some chattel, and hold it until performance was achieved. This practice had been dealt with in the 1267 Statute of Marlborough. Even so, it remained the most common extrajudicial method applied by the lords at the time of Quia Emptores.[4] Thus, under English common law, there were two main ways an escheat could happen: A person's property escheated if he was convicted of a felony (but not treason, when the property was forfeited to the Crown). If the person was executed for the crime, his heirs were attainted, i.e. ineligible to inherit. In most common-law jurisdictions, this type of escheat has been abolished outright, for example in the United States under Article 3 § 3 of the United States Constitution, which states that attainders for treason do not give rise to posthumous forfeiture, or "corruption of blood". 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.

Answer 6

Bona vacantia (Latin for "ownerless goods") is a legal concept associated with property that has no owner. It exists in various jurisdictions, with consequently varying application, but with origins mostly in English law. Assets of dissolved companies that have failed to be distributed. Assets of dissolved unincorporated associations that have failed to be distributed. Assets of the estates of deceased persons that have failed to be distributed due to intestacy and a lack of known persons entitled to inherit. Some failed trust property

Answer 7

A voluntary group or union (also sometimes called a voluntary organization, common-interest association,[1]:266 association, or society) is a group of individuals who enter into an agreement, usually as volunteers, to form a body (or organization) to accomplish a purpose.[2] Common examples include trade associations, trade unions, learned societies, professional associations, and environmental groups. (an unincorporated body) is a non-juristic person whose members 'are' responsible for the financial acts of the association. In many jurisdictions no formalities are necessary to start an association. In some jurisdictions, there is a minimum for the number of persons starting an association. Some jurisdictions require that the association register with the police or other official body to inform the public of the association's existence. This could be a tool of political control or intimidation, and also a way of protecting the economy from fraud. In many such jurisdictions, only a registered association (or in the UK an incorporated body) is a juristic person whose members are not responsible for the financial acts of the association.

Answer 8

To test or prove a will. Who has 1st right of claim to trust property. ------------------ probità f (invariable) probity honesty From Middle French probité, from Latin probitas (“uprightness, honesty”) from probus (“good, excellent, honest”) see probe, prove. probity (countable and uncountable, plural probities) Integrity, especially of the quality of having strong moral principles; honesty and decency. ``` For verb: Latin probare (“to test, examine, prove”), from probus (“good”). ``` ``` For noun: Late Latin proba (“a proof”), from probare (“to test, examine, prove”); Doublet of proof. Spanish tienta (“a surgeon's probe”) from tentar (“try, test”); see tempt. ``` ----------------- Probe (figuratively) An investigation or inquiry. (medically) Any of various medical instruments used to explore wounds, organs, etc. (figuratively) Something which penetrates something else, as though to explore; something which obtains information. ------------------ proba f (genitive probae); first declension (Late Latin) test, trial proof, evidence ------------------ From Latin probare From Latin probus from Proto-Indo-European *pro-bʰwo- (“being in front”), from *pro- (“being in front”), extended form of the root *per (“through, forward”) + *bʰuH- (“to be”). Proto-Indo-European *bʰuH- (perfective) to become, grow, appear. ------------------- ``` Having strong moral principles; honest, decent, virtuous. From probus (“good, virtuous”) ``` ------------------- probō (present infinitive probāre, perfect active probāvī, supine probātum); first conjugation I approve, commend. I test, inspect. I demonstrate, prove. I acquit, exonerate. ``` ------------------- Latin probus feminine proba neuter probum good, serviceable, excellent, superior, able (morally) upright, honest, virtuous. ``` From Proto-Indo-European *probʰwo- (“being in front”), from *pro- (“forward”) + *bʰuH- (“to be”). See also prōsum. ------------------- ``` prōsum present infinitive prōdesse perfect active prōfuī, future participle prōfutūrus irregular conjugation ``` (with a dative) I am useful or of use, do good, help, benefit, serve, profit. (of medicines) I am good or beneficial. From prō- +‎ sum (“I am”) I am in front (1st claim) --------------------- PROOF From Middle English proof, from Old French prove, from Late Latin proba (“a proof”), from Latin probare (“to prove”); see prove. (countable) An effort, process, or operation designed to establish or discover a fact or truth; an act of testing; a test; a trial. (uncountable) The degree of evidence which convinces the mind of any truth or fact, and produces belief; a test by facts or arguments which induce, or tend to induce, certainty of the judgment; conclusive evidence; demonstration. ------------------ ``` TRIAL Of or pertaining to three. "Three" as an adjective. Three test. Consisting of three. Of the Father, and the Son and the Holy Spirit. ``` From Latin triālis, an adjective formed from trēs (“three”) + -ālis. tres m, f (cardinal) three -ālis m, f (neuter -āle); third declension Used to form adjectives of relationship from nouns or numerals. The suffix -ālis is added to a noun or numeral to form an adjective of relationship to that noun. Examples: duo (“two”) + ‎-alis → ‎duālis (“that contains two”) nātūra (“nature”) + ‎-alis → ‎nātūrālis (“natural”) rēx (“king, ruler”) + ‎-alis → ‎rēgālis (“regal, royal”)

Answer 9

“Unincorporated association" means an unincorporated group of two or more persons joined by mutual consent for a common lawful purpose, whether organized for profit or not. (an unincorporated body) is a non-juristic person whose members 'are' responsible for the financial acts of the association. If the purpose for the association is to benefit the public in some way, and does not include earning a profit, the association’s members have formed an unincorporated nonprofit association. People form nonprofit unincorporated associations all the time; often without being aware of it. For example, if you and several of your neighbors get together to help raise funds to keep your local library branch open, you’ve formed an unincorporated nonprofit association. Now, if the lawful purpose they’ve joined together to accomplish includes earning a profit, their association is automatically a partnership or joint venture for tax and most other legal purposes. For example, if two people get together and decide to operate a food truck, they’ve formed a partnership, even if they file no paperwork. If an unincorporated association’s purpose is charitable, educational, and/or scientific in nature, it can qualify as a Section 501(c)(3) organization (also called a public charity). Contributions to Section 501(c)(3)s are tax deductible. If an unincorporated charitable nonprofit has less than $5,000 in annual revenues, it may function as a 501(c)(3) without applying for IRS recognition of its status. However, as a practical matter, it may be difficult to obtain contributions without an IRS determination letter officially recognizing the nonprofit as a Section 5010(c)(3) organization. The biggest drawback to the unincorporated nonprofit association, and the reason nonprofits often abandon this form in favor of a nonprofit corporation, is that it has no separate legal existence apart from its members. Because it is not respected as a separate legal entity, its members generally can be personally liable for its debts and liabilities. Some states, such as California, give some limited liability to nonprofit association members; but it’s not as good as the protection obtainable from a nonprofit corporation. Moreover, unless your state law contains an “enabling statute” granting such rights entities, an unincorporated association cannot hold or receive property, or sign contracts, in its own name. Because of these limitations, nonprofit unincorporated associations are usually used to accomplish limited short-term goals, such as raising funds for a library. Nonprofits with long-term missions should usually incorporate. For more on incorporating, see Nolo's article, Five Reasons to Incorporate Your Nonprofit. An ‘unincorporated association’ is an organisation set up through an agreement between a group of people who come together for a reason other than to make a profit (for example, a voluntary group or a sports club). You don’t need to register an unincorporated association, and it doesn’t cost anything to set one up. Individual members are personally responsible for any debts and contractual obligations. If you make a profit If the association does start trading and makes a profit, you’ll need to pay Corporation Tax and file a Company Tax Return in the same way as a limited company.

Answer 10

A corporation is a form of business ownership that helps prevent personal liability for business debts. (an incorporated body) is a juristic person whose members 'are not' responsible for the financial acts of the association. You stand to lose only the money that you've invested in the corporation. (Share Value)

Answer 11

Limited Personal Liability One of the main advantages of incorporating is that the owners' personal assets are protected from creditors of the corporation. For instance, if a court judgment is entered against your corporation saying that it owes a creditor $100,000, you can't be forced to use personal assets, such as your house, to pay the debt. Because only corporate assets need be used to pay business debts, you stand to lose only the money that you've invested in the corporation. Exceptions to Limited Liability There are some circumstances in which limited liability will not protect an owner's personal assets. An owner of a corporation can be held personally liable if he or she: personally and directly injures someone personally guarantees a bank loan or a business debt on which the corporation defaults fails to deposit taxes withheld from employees' wages does something intentionally fraudulent or illegal that causes harm to the company or to someone else, or treats the corporation as an extension of his or her personal affairs, rather than as a separate legal entity. This last exception is the most important. In some circumstances, courts can rule that a corporation doesn't really exist and that its owners should not be shielded from personal liability for their acts. This might happen if you fail to follow routine corporate formalities such as: adequately investing money in ("capitalizing") the corporation formally issuing stock to the initial shareholders regularly holding meetings of directors and shareholders, or keeping business records and transactions separate from those of the owners. Retaining Corporate Status Corporations and their owners must observe certain formalities to retain the corporation's status as a separate entity. Specifically, corporations must: hold annual shareholders' and directors' meetings keep minutes of shareholders' and directors' major decisions make sure that corporate officers and directors sign documents in the name of the corporation maintain separate bank accounts from their owners keep detailed financial records, and file a separate corporate income tax return.

Answer 12

Who Makes Corporate Decisions? To understand the corporate decision-making process, let's look at the different legal roles people traditionally play in a corporation: shareholder, director, officer, and employee. As we consider these roles, keep in mind that you can set up a corporation in which one or two people play all of them. Shareholders Shareholders own stock (called shares or ownership interests) in the corporation. Shareholders have the exclusive right to: elect and remove directors amend the articles of incorporation and bylaws approve the sale of all or substantially all of the corporate assets approve mergers and reorganizations, and dissolve the corporation. State laws typically require the shareholders to hold an annual meeting. However, many states allow shareholders to do this through a "written consent" or "consent resolution" -- a document signed by all of the shareholders -- instead of a face-to-face meeting. Directors The board of directors sets policy for the corporation and makes major financial decisions. Among other things, the directors: authorize the issuance of stock elect the corporate officers set officer and key employee salary amounts decide whether to mortgage, sell, or lease real estate, and approve loans to or from the corporation. While many states require directors to hold regular meetings, it's often simpler and just as effective for the directors to take actions by signing a consent resolution or written consent. Alternatively, most states allow directors' meetings to be held by telephone. While the organizational structure of corporations separates the rights and duties of shareholders and directors, this separation isn't much of an issue for small corporations because most shareholders are also directors and officers. However, even if you are both a shareholder and director of your corporation, you must still observe the formalities required by law, which means wearing different hats at different times. For instance, sometimes you'll have to sign a document in your capacity as director; at other times you'll sign as a shareholder. Officers Officers are responsible for the day-to-day operation and management of the corporation. State laws usually require the corporation to have at least a president, a secretary, and a treasurer (sometimes called a chief financial officer). But in most states, the same person can hold all of the required offices. The president is usually the chief operating officer (COO) of the corporation. The secretary is responsible for the corporate records. The treasurer, or chief financial officer (CFO), of course, is responsible for the corporate finances, although it's common to delegate everyday fiscal duties to a bookkeeper. Employees In small corporations, the owners are usually also employees of the corporation. Owners of small corporations receive most of their financial benefits through the salary and other compensation they receive as corporate employees. Documenting Corporate Decisions While you don't need to document routine business decisions, you should prepare written minutes or consent resolutions for events or decisions that require formal board of director or shareholder participation. These include: the proceedings of annual meetings of directors and shareholders the issuance of stock to new or existing shareholders the purchase of real property the approval of a long-term lease the authorization of a substantial loan or line of credit the adoption of a stock option or retirement plan, and the making of important federal or state tax decisions. If you document important corporate decisions, whether through formal written minutes or less formal consent resolutions, you'll protect your limited liability status -- and you'll have solid documentation if key decisions are later questioned by creditors, the courts, or the IRS. In addition, keeping good corporate records allows you to note the reasons for making critical decisions; this can head off controversy and dissension in your ranks in the future.

Answer 13

"Beneficial owner'' means any owner of a beneficial interest in a statutory trust, the fact of ownership to be determined and evidenced (whether by means of registration (including on, by means of, or in the form of any information storage device, method, or 1 or more electronic networks or databases (including 1 or more distributed electronic networks or databases)), the issuance of certificates or otherwise) in conformity to the applicable provisions of the governing instrument of the statutory trust. Delaware Title 12

Answer 14

"Foreign statutory trust'' means a business trust or statutory trust formed under the laws of any state or under the laws of any foreign country or other foreign jurisdiction and denominated as such under the laws of such state or foreign country or other foreign jurisdiction. Delaware Title 12

Answer 15

"Governing instrument'' means any written instrument (whether referred to as a trust agreement, declaration of trust or otherwise) which creates a statutory trust or provides for the governance of the affairs of the statutory trust and the conduct of its business. A governing instrument: (1) May provide that a person shall become a beneficial owner or a trustee if such person (or, in the case of a beneficial owner, a representative authorized by such person orally, in writing or by other action such as payment for a beneficial interest) complies with the conditions for becoming a beneficial owner or a trustee set forth in the governing instrument or any other writing and, in the case of a beneficial owner, acquires a beneficial interest; (2) May consist of 1 or more agreements, instruments or other writings and may include or incorporate bylaws containing provisions relating to the business of the statutory trust, the conduct of its affairs and its rights or powers or the rights or powers of its trustees, beneficial owners, agents or employees; and (3) May contain any provision that is not inconsistent with law or with the information contained in the certificate of trust. A statutory trust is not required to execute its governing instrument. A statutory trust is bound by its governing instrument whether or not the statutory trust executes the governing instrument. A beneficial owner or a trustee is bound by the governing instrument whether or not such beneficial owner or trustee executes the governing instrument. A governing instrument is not subject to any statute of frauds (including § 2714 of Title 6). Delaware Title 12

Answer 16

"Independent trustee'' means, any trustee who is not an "interested person'' of the statutory trust; provided that the receipt of compensation for service as an independent trustee shall not affect the status of a trustee as an independent trustee under this chapter. An independent trustee as defined hereunder shall be deemed to be independent and disinterested for all purposes. Delaware Title 12

Answer 17

"Person'' means a natural person, partnership (whether general or limited), limited liability company, trust, (including a common law trust, business trust, statutory trust, voting trust or any other form of trust) estate, association (including any group, organization, co-tenancy, plan, board, council or committee), corporation, government (including a country, state, county or any other governmental subdivision, agency or instrumentality), custodian, nominee or any other individual or entity (or series thereof) in its own or any representative capacity, in each case, whether domestic or foreign, and a statutory trust or foreign statutory trust. Delaware Title 12

Answer 18

U.S. Code › Title 26 › Subtitle A › Chapter 1 › Subchapter M › Part II › § 856 26 U.S. Code § 856 - Definition of real estate investment trust US Code Notes IRS Rulings prev | next (a) In generalFor purposes of this title, the term “real estate investment trust” means a corporation, trust, or association— (1) which is managed by one or more trustees or directors; (2) the beneficial ownership of which is evidenced by transferable shares, or by transferable certificates of beneficial interest; (3) which (but for the provisions of this part) would be taxable as a domesticcorporation; (4) which is neither (A) a financial institution referred to in section 582(c)(2), nor (B) an insurance company to which subchapter L applies; (5) the beneficial ownership of which is held by 100 or more persons; (6) subject to the provisions of subsection (k), which is not closely held (as determined under subsection (h)); and (7) which meets the requirements of subsection (c). (b) Determination of status The conditions described in paragraphs (1) to (4), inclusive, of subsection (a) must be met during the entire taxable year, and the condition described in paragraph (5) must exist during at least 335 days of a taxable year of 12 months, or during a proportionate part of a taxable year of less than 12 months. (c) LimitationsA corporation, trust, or association shall not be considered a real estate investment trust for any taxable year unless— (1) it files with its return for the taxable year an election to be a real estate investment trust or has made such election for a previous taxable year, and such election has not been terminated or revoked under subsection (g); (2) at least 95 percent (90 percent for taxable years beginning before January 1, 1980) of its gross income (excluding gross income from prohibited transactions) is derived from— (A) dividends; (B) interest; (C) rents from real property; (D) gain from the sale or other disposition of stock, securities, and real property (including interests in real property and interests in mortgages on real property) which is not property described in section 1221(a)(1); (E) abatements and refunds of taxes on real property; (F) income and gain derived from foreclosure property (as defined in subsection (e)); (G) amounts (other than amounts the determination of which depends in whole or in part on the income or profits of any person) received or accrued as consideration for entering into agreements (i) to make loans secured by mortgages on real property or on interests in real property or (ii) to purchase or lease real property (including interests in real property and interests in mortgages on real property); (H) gain from the sale or other disposition of a real estate asset which is not a prohibited transaction solely by reason of section 857(b)(6); and (I) mineral royalty income earned in the first taxable year beginning after the date of the enactment of this subparagraph from real property owned by a timber real estate investment trust and held, or once held, in connection with the trade or business of producing timber by such real estate investment trust; (3) at least 75 percent of its gross income (excluding gross income from prohibited transactions) is derived from— (A) rents from real property; (B) interest on obligations secured by mortgages on real property or on interests in real property; (C) gain from the sale or other disposition of real property (including interests in real property and interests in mortgages on real property) which is not property described in section 1221(a)(1); (D) dividends or other distributions on, and gain (other than gain from prohibited transactions) from the sale or other disposition of, transferable shares (or transferable certificates of beneficial interest) in other real estate investment trusts which meet the requirements of this part; (E) abatements and refunds of taxes on real property; (F) income and gain derived from foreclosure property (as defined in subsection (e)); (G) amounts (other than amounts the determination of which depends in whole or in part on the income or profits of any person) received or accrued as consideration for entering into agreements (i) to make loans secured by mortgages on real property or on interests in real property or (ii) to purchase or lease real property (including interests in real property and interests in mortgages on real property); (H) gain from the sale or other disposition of a real estate asset (other than a nonqualified publicly offered REIT debt instrument) which is not a prohibited transaction solely by reason of section 857(b)(6); and (I) qualified temporary investment income; and (4) at the close of each quarter of the taxable year— (A) at least 75 percent of the value of its total assets is represented by real estate assets, cash and cash items (including receivables), and Government securities; and (B) (i) not more than 25 percent of the value of its total assets is represented by securities (other than those includible under subparagraph (A)), (ii) not more than 20 percent of the value of its total assets is represented by securities of one or more taxable REIT subsidiaries, (iii) not more than 25 percent of the value of its total assets is represented by nonqualified publicly offered REIT debt instruments, and (iv) except with respect to a taxable REIT subsidiary and securities includible under subparagraph (A)— (I) not more than 5 percent of the value of its total assets is represented by securities of any one issuer, (II) the trust does not hold securities possessing more than 10 percent of the total voting power of the outstanding securities of any one issuer, and (III) the trust does not hold securities having a value of more than 10 percent of the total value of the outstanding securities of any one issuer. A real estate investment trust which meets the requirements of this paragraph at the close of any quarter shall not lose its status as a real estate investment trust because of a discrepancy during a subsequent quarter between the value of its various investments and such requirements (including a discrepancy caused solely by the change in the foreign currency exchange rate used to value a foreign asset) unless such discrepancy exists immediately after the acquisition of any security or other property and is wholly or partly the result of such acquisition. A real estate investment trust which does not meet such requirements at the close of any quarter by reason of a discrepancy existing immediately after the acquisition of any security or other property which is wholly or partly the result of such acquisition during such quarter shall not lose its status for such quarter as a real estate investment trust if such discrepancy is eliminated within 30 days after the close of such quarter and in such cases it shall be considered to have met such requirements at the close of such quarter for purposes of applying the preceding sentence. (5) For purposes of this part— (A) The term “value” means, with respect to securities for which market quotations are readily available, the market value of such securities; and with respect to other securities and assets, fair value as determined in good faith by the trustees, except that in the case of securities of real estate investment trusts such fair value shall not exceed market value or asset value, whichever is higher. (B) The term “real estate assets” means real property (including interests in real property and interests in mortgages on real property or on interests in real property), shares (or transferable certificates of beneficial interest) in other real estate investment trusts which meet the requirements of this part, and debt instruments issued by publicly offered REITs. Such term also includes any property (not otherwise a real estate asset) attributable to the temporary investment of new capital, but only if such property is stock or a debt instrument, and only for the 1-year period beginning on the date the real estate trust receives such capital. (C) The term “interests in real property” includes fee ownership and co-ownership of land or improvements thereon, leaseholds of land or improvements thereon, options to acquire land or improvements thereon, and options to acquire leaseholds of land or improvements thereon, but does not include mineral, oil, or gas royalty interests. (D) Qualified temporary investment income.— (i)In general.—The term “qualified temporary investment income” means any income which— (I) is attributable to stock or a debt instrument (within the meaning of section 1275(a)(1)), (II) is attributable to the temporary investment of new capital, and (III) is received or accrued during the 1-year period beginning on the date on which the real estate investment trust receives such capital. (ii)New capital.—The term “new capital” means any amount received by the real estate investment trust— (I) in exchange for stock (or certificates of beneficial interests) in such trust (other than amounts received pursuant to a dividend reinvestment plan), or (II) in a public offering of debt obligations of such trust which have maturities of at least 5 years. (E) A regular or residual interest in a REMIC shall be treated as a real estate asset, and any amount includible in gross income with respect to such an interest shall be treated as interest on an obligation secured by a mortgage on real property; except that, if less than 95 percent of the assets of such REMIC are real estate assets (determined as if the real estate investment trust held such assets), such real estate investment trust shall be treated as holding directly (and as receiving directly) its proportionate share of the assets and income of the REMIC. For purposes of determining whether any interest in a REMIC qualifies under the preceding sentence, any interest held by such REMIC in another REMIC shall be treated as a real estate asset under principles similar to the principles of the preceding sentence, except that, if such REMIC’s are part of a tiered structure, they shall be treated as one REMIC for purposes of this subparagraph. (F) All other terms shall have the same meaning as when used in the Investment Company Act of 1940, as amended (15 U.S.C. 80a–1 and following). (G)Treatment of certain hedging instruments.—Except to the extent as determined by the Secretary— (i) any income of a real estate investment trust from a hedging transaction (as defined in clause (ii) or (iii) of section 1221(b)(2)(A)), including gain from the sale or disposition of such a transaction, shall not constitute gross income under paragraphs (2) and (3) to the extent that the transaction hedges any indebtedness incurred or to be incurred by the trust to acquire or carry real estate assets, (ii) any income of a real estate investment trust from a transaction entered into by the trust primarily to manage risk of currency fluctuations with respect to any item of income or gain described in paragraph (2) or (3) (or any property which generates such income or gain), including gain from the termination of such a transaction, shall not constitute gross income under paragraphs (2) and (3), (iii) if— (I) a real estate investment trust enters into one or more positions described in clause (i) with respect to indebtedness described in clause (i) or one or more positions described in clause (ii) with respect to property which generates income or gain described in paragraph (2) or (3), (II) any portion of such indebtedness is extinguished or any portion of such property is disposed of, and (III) in connection with such extinguishment or disposition, such trust enters into one or more transactions which would be hedging transactions described in clause (ii) or (iii) of section 1221(b)(2)(A) with respect to any position referred to in subclause (I) if such position were ordinary property, any income of such trust from any position referred to in subclause (I) and from any transaction referred to in subclause (III) (including gain from the termination of any such position or transaction) shall not constitute gross income under paragraphs (2) and (3) to the extent that such transaction hedges such position, and (iv) clauses (i), (ii), and (iii) shall not apply with respect to any transaction unless such transaction satisfies the identification requirement described in section 1221(a)(7) (determined after taking into account any curative provisions provided under the regulations referred to therein).

Answer 19

Delaware Title 12 (g) "Statutory trust'' means an unincorporated association which: ``` (1) Is created by a governing instrument under which (property is or will be held), managed, administered, controlled, invested, reinvested and/or operated, ``` - or business or professional (activities for profit are carried on) or will be carried on, - (by a trustee) or trustees or as otherwise provided in the governing instrument - for the benefit of such person or persons as are or may become beneficial owners or as otherwise provided in the governing instrument, including but not limited to a trust of the type known at common law as a "business trust,'' or "Massachusetts trust,'' or a trust qualifying as a real estate investment trust under § 856 et seq. of the United States Internal Revenue Code of 1986 [26 U.S.C. § 856 et seq.], as amended, or under any successor provision, or a trust qualifying as a real estate mortgage investment conduit under § 860D of the United States Internal Revenue Code of 1986 [26 U.S.C. § 860D], as amended, or under any successor provision; and (2) Files a certificate of trust pursuant to § 3810 of this title. Any such association heretofore or hereafter organized shall be a statutory trust and, unless otherwise provided in its certificate of trust and in its governing instrument, a separate legal entity. The term "statutory trust'' shall be deemed to include each trust formed under this chapter prior to September 1, 2002, as a "business trust'' (as such term was then defined in this subsection). A statutory trust may be organized to carry on any lawful business or activity, whether or not conducted for profit, and/or for any of the purposes referred to in paragraph (g)(1) of this section (including, without limitation, for the purpose of holding or otherwise taking title to property, whether in an active or custodial capacity). Unless otherwise provided in a governing instrument, a statutory trust has the power and authority to grant, hold or exercise a power of attorney, including an irrevocable power of attorney. Neither use of the designation "business trust'' nor a statement in a certificate of trust or governing instrument executed prior to September 1, 2002, to the effect that the trust formed thereby is or will qualify as a Delaware business trust within the meaning of or pursuant to this chapter, shall create a presumption or an inference that the trust so formed is a "business trust'' for purposes of Title 11 of the United States Code.

Answer 20

Delaware Title 12 "Trustee'' means the person or persons appointed as a trustee in accordance with the governing instrument of a statutory trust, and may include the beneficial owners or any of them.

Answer 21

§ 3802 Contributions by beneficial owners. (a) A contribution of a beneficial owner to the statutory trust may be in cash, property or services rendered, or a promissory note or other obligation to contribute cash or property or to perform services; provided however, that a person may become a beneficial owner of a statutory trust and may receive a beneficial interest in a statutory trust without making a contribution or being obligated to make a contribution to the statutory trust. (b) Except as provided in the governing instrument, a beneficial owner is obligated to the statutory trust to perform any promise to contribute cash, property or to perform services, even if the beneficial owner is unable to perform because of death, disability or any other reason. If a beneficial owner does not make the required contribution of property or services the beneficial owner is obligated at the option of the statutory trust to contribute cash equal to that portion of the agreed value (as stated in the records of the statutory trust) of the contribution that has not been made. The foregoing option shall be in addition to, and not in lieu of, any other rights, including the right to specific performance, that the statutory trust may have against such beneficial owner under the governing instrument or applicable law. (c) A governing instrument may provide that the interest of any beneficial owner who fails to make any contribution that the beneficial owner is obligated to make shall be subject to specific penalties for, or specified consequences of, such failure. Such penalty or consequence may take the form of reducing or eliminating the defaulting beneficial owner's proportionate interest in the statutory trust, subordinating the beneficial interest to that of nondefaulting beneficial owners, a forced sale of the beneficial interest, forfeiture of the beneficial interest, the lending by other beneficial owners of the amount necessary to meet the beneficiary's commitment, a fixing of the value of the defaulting beneficial owner's beneficial interest by appraisal or by formula and redemption or sale of the beneficial interest at such value, or any other penalty or consequence.

Answer 22

§ 3803 Liability of beneficial owners and trustees. (a) Except to the extent otherwise provided in the governing instrument of the statutory trust, the beneficial owners shall be entitled to the same limitation of personal liability extended to stockholders of private corporations for profit organized under the general corporation law of the State. (b) Except to the extent otherwise provided in the governing instrument of a statutory trust, a trustee, when acting in such capacity, shall not be personally liable to any person other than the statutory trust or a beneficial owner for any act, omission or obligation of the statutory trust or any trustee thereof. (c) Except to the extent otherwise provided in the governing instrument of a statutory trust, an officer, employee, manager or other person acting pursuant to § 3806(b)(7) or (i) of this title, when acting in such capacity, shall not be personally liable to any person other than the statutory trust or a trustee or a beneficial owner for any act, omission or obligation of the statutory trust or any trustee thereof. (d) No obligation of a beneficial owner or trustee of a statutory trust to the statutory trust, or to a beneficial owner or trustee of the statutory trust, arising under the governing instrument or a separate agreement in writing, and no note, instrument or other writing evidencing any such obligation of a beneficial owner or trustee, shall be subject to the defense of usury, and no beneficial owner or trustee shall interpose the defense of usury with respect to any such obligation in any action.

Answer 23

(a) A statutory trust may sue and be sued, and service of process upon 1 of the trustees shall be sufficient. In furtherance of the foregoing, a statutory trust may be sued for debts and other obligations or liabilities contracted or incurred by the trustees or other authorized persons, or by the duly authorized agents of such trustees or other authorized persons, in the performance of their respective duties under the governing instrument of the statutory trust. The property of a statutory trust shall be subject to attachment and execution as if it were a corporation, subject to § 3502 of Title 10. Notwithstanding the foregoing provisions of this section, in the event that the governing instrument of a statutory trust, including a statutory trust which is a registered investment company under the Investment Company Act of 1940, as amended (15 U.S.C. § 80a-1 et seq.), creates 1 or more series as provided in § 3806(b)(2) of this title, and to the extent separate and distinct records are maintained for any such series and the assets associated with any such series are held in such separate and distinct records (directly or indirectly, including through a nominee or otherwise) and accounted for in such separate and distinct records separately from the other assets of the statutory trust, or any other series thereof, and if the governing instrument so provides, and notice of the limitation on liabilities of a series as referenced in this sentence is set forth in the certificate of trust of the statutory trust, then the debts, liabilities, obligations and expenses incurred, contracted for or otherwise existing with respect to a particular series shall be enforceable against the assets of such series only, and not against the assets of the statutory trust generally or any other series thereof, and, unless otherwise provided in the governing instrument, none of the debts, liabilities, obligations and expenses incurred, contracted for or otherwise existing with respect to the statutory trust generally or any other series thereof shall be enforceable against the assets of such series. Neither the preceding sentence nor any provision pursuant thereto in a governing instrument or certificate of trust shall: (1) Restrict a statutory trust on behalf of a series from agreeing in the governing instrument or otherwise that any or all of the debts, liabilities, obligations and expenses incurred, contracted for or otherwise existing with respect to the statutory trust generally or any other series thereof shall be enforceable against the assets of such series; or (2) Restrict a statutory trust from agreeing in the governing instrument or otherwise that any or all of the debts, liabilities, obligations and expenses incurred, contracted for or otherwise existing with respect to a series shall be enforceable against the assets of the statutory trust generally. As used in this chapter, a reference to assets of a series includes assets associated with a series and a reference to assets associated with a series includes assets of a series. Except to the extent otherwise provided in the governing instrument of a statutory trust, a statutory trust that has established series in accordance with this subsection (a) may contract, hold title to assets (including real, personal and intangible property), grant liens and security interests, and sue and be sued, in each case, in the name of a series.

Answer 24

(b) A trustee of a statutory trust may be served with process in the manner prescribed in subsection (c) of this section in all civil actions or proceedings brought in the State involving or relating to the activities of the statutory trust or a violation by a trustee of a duty to the statutory trust, or any beneficial owner, whether or not the trustee is a trustee at the time suit is commenced. Every resident or nonresident of the State who accepts election or appointment or serves as a trustee of a statutory trust shall, by such acceptance or service, be deemed thereby to have consented to the appointment of the Delaware trustee or registered agent of such statutory trust required by § 3807 of this title (or, if there is none, the Secretary of State) as such person's agent upon whom service of process may be made as provided in this section. Such acceptance or service shall signify the consent of such trustee that any process when so served shall be of the same legal force and validity as if served upon such trustee within the State and such appointment of such Delaware trustee or registered agent (or, if there is none, the Secretary of State) shall be irrevocable. (c) Service of process shall be effected by serving the Delaware trustee or registered agent of such statutory trust required by § 3807 of this title (or, if there is none, the Secretary of State) with 1 copy of such process in the manner provided by law for service of writs of summons. In the event service is made under this subsection upon the Secretary of State, the plaintiff shall pay to the Secretary of State the sum of $50 for the use of the State, which sum shall be taxed as part of the costs of the proceeding if the plaintiff shall prevail therein. In addition, the Prothonotary or the Register in Chancery of the court in which the civil action or proceeding is pending shall, within 7 days of such service, deposit in the United States mails, by registered mail, postage prepaid, true and attested copies of the process, together with a statement that service is being made pursuant to this section, addressed to the defendant at the defendant's address last known to and furnished by the party desiring to make such service. (d) In any action in which any such trustee has been served with process as hereinafter provided, the time in which a defendant shall be required to appear and file a responsive pleading shall be computed from the date of mailing by the Prothonotary or the Register in Chancery as provided in subsection (c) of this section; provided however, the court in which such action has been commenced may order such continuance or continuances as may be necessary to afford such trustee reasonable opportunity to defend the action.

Answer 25

(e) In the governing instrument of the statutory trust or other writing, a trustee or beneficial owner or other person may consent to be subject to the nonexclusive jurisdiction of the courts of, or arbitration in, a specified jurisdiction, or the exclusive jurisdiction of the courts of the State, or the exclusivity of arbitration in a specified jurisdiction or the State, and to be served with legal process in the manner prescribed in such governing instrument of the statutory trust or other writing. Except by agreeing to arbitrate any arbitrable matter in a specified jurisdiction or in the State, a beneficial owner who is not a trustee may not waive its right to maintain a legal action or proceeding in the courts of the State with respect to matters relating to the organization or internal affairs of a statutory trust.

Answer 26

(f) Nothing herein contained limits or affects the right to serve process in any other manner now or hereafter provided by law. This section is an extension of and not a limitation upon the right otherwise existing of service of legal process upon nonresidents. (g) The Court of Chancery and the Superior Court may make all necessary rules respecting the form of process, the manner of issuance and return thereof and such other rules which may be necessary to implement this section and are not inconsistent with this section. The Court of Chancery shall have jurisdiction over statutory trusts to the same extent as it has jurisdiction over common law trusts formed under the laws of the State.

Answer 27

§ 3805 Rights of beneficial owners and trustees in trust property. (a) Except to the extent otherwise provided in the governing instrument of the statutory trust, a beneficial owner shall have an undivided beneficial interest in the property of the statutory trust and shall share in the profits and losses of the statutory trust in the proportion (expressed as a percentage) of the entire undivided beneficial interest in the statutory trust owned by such beneficial owner. The governing instrument of a statutory trust may provide that the statutory trust or the trustees, acting for and on behalf of the statutory trust, shall be deemed to hold beneficial ownership of any income earned on securities of the statutory trust issued by any business entities formed, organized, or existing under the laws of any jurisdiction, including the laws of any foreign country.

Answer 28

(b) No creditor of the beneficial owner shall have any right to obtain possession of, or otherwise exercise legal or equitable remedies with respect to, the property of the statutory trust.

Answer 29

(c) A beneficial owner's beneficial interest in the statutory trust is personal property notwithstanding the nature of the property of the trust. Except to the extent otherwise provided in the governing instrument of a statutory trust, a beneficial owner has no interest in specific statutory trust property.

Answer 30

(d) A beneficial owner's beneficial interest in the statutory trust is freely transferable except to the extent otherwise provided in the governing instrument of the statutory trust.

Answer 31

(e) Except to the extent otherwise provided in the governing instrument of a statutory trust, at the time a beneficial owner becomes entitled to receive a distribution, the beneficial owner has the status of, and is entitled to all remedies available to, a creditor of the statutory trust with respect to the distribution. A governing instrument may provide for the establishment of record dates with respect to allocations and distributions by a statutory trust.

Answer 32

(f) Except to the extent otherwise provided in the governing instrument of the statutory trust, legal title to the property of the statutory trust or any part thereof may be held in the name of any trustee of the statutory trust, in its capacity as such, with the same effect as if such property were held in the name of the statutory trust.

Answer 33

(g) No creditor of the trustee shall have any right to obtain possession of, or otherwise exercise legal or equitable remedies with respect to, the property of the statutory trust with respect to any claim against, or obligation of, such trustee in its individual capacity and not related to the statutory trust.

Answer 34

(h) Except to the extent otherwise provided in the governing instrument of the statutory trust, where the statutory trust is a registered investment company under the Investment Company Act of 1940, as amended (15 U.S.C. § 80a-1 et seq.), any class, group or series of beneficial interests established by the governing instrument with respect to such statutory trust ``` shall be... a class, group or series 'preferred' as to distribution of assets or payment of dividends 'over' all other classes, groups or series ``` in respect to (assets specifically allocated) to the class, group or series as contemplated by § 18 (or any amendment or successor provision) of the Investment Company Act of 1940 [15 U.S.C. § 80a-18], as amended, and any regulations issued thereunder, provided that this section is not intended to affect in any respect the provisions of § 3804(a) of this title.

Answer 35

(i) Unless otherwise provided in the governing instrument of a statutory trust or another agreement, a beneficial owner shall have no preemptive right to subscribe to any additional issue of beneficial interests or another interest in a statutory trust.

Answer 36

(a) Except to the extent otherwise provided in the governing instrument of a statutory trust, the business and affairs of a statutory trust shall be managed by or under the direction of its trustees. To the extent provided in the governing instrument of a statutory trust, any person (including a beneficial owner) shall be entitled to direct the trustees or other persons in the management of the statutory trust. Except to the extent otherwise provided in the governing instrument of a statutory trust, neither the power to give direction to a trustee or other persons nor the exercise thereof by any person (including a beneficial owner) (shall cause such person to be a trustee.) To the extent provided in the governing instrument of a statutory trust, neither the power to give direction to a trustee or other persons nor the exercise thereof by any person (including a beneficial owner) shall cause such person to have duties (including fiduciary duties) or liabilities relating thereto to the statutory trust or to a beneficial owner thereof.

Answer 37

Provisions may define and provide for... ``` Management of business or affairs Rights, Duties and Obligations Classes, groups or series of persons Classes, groups or series of interests Classes, groups or series of offices Classes, groups or series of hierarchies Rights with respect to property Taking of actions Voting rights To grant or restrict (withhold) Derivative trusts Meetings Hire officers, agents, contractors, employees. Define fiduciary duties and relations Amendments Convey rights to persons Subdivide trustee for purposes of voting decisions ``` (b) A governing instrument may contain any provision relating to the management of the business and affairs of the statutory trust, and the rights, duties and obligations of the trustees, beneficial owners and other persons, which is not contrary to any provision or requirement of this subchapter and, without limitation: (1) May provide for classes, groups or series of trustees or beneficial owners, or classes, groups or series of beneficial interests, having such relative rights, powers and duties as the governing instrument may provide, and may make provision for the future creation in the manner provided in the governing instrument of additional classes, groups or series of trustees, beneficial owners or beneficial interests, having such relative rights, powers and duties as may from time to time be established, including rights, powers and duties senior or subordinate to existing classes, groups or series of trustees, beneficial owners or beneficial interests; (2) May establish or provide for the establishment of designated series of trustees, beneficial owners, assets or beneficial interests having separate rights, powers or duties with respect to specified property or obligations of the statutory trust or profits and losses associated with specified property or obligations, and, to the extent provided in the governing instrument, any such series may have a separate business purpose or investment objective; (3) May provide for the taking of any action, including the amendment of the governing instrument, the accomplishment of a merger, conversion or consolidation, the appointment of one or more trustees, the sale, lease, exchange, transfer, pledge or other disposition of all or any part of the assets of the statutory trust or the assets of any series, or the dissolution of the statutory trust, or may provide for the taking of any action to create under the provisions of the governing instrument a class, group or series of beneficial interests that was not previously outstanding, in any such case without the vote or approval of any particular trustee or beneficial owner, or class, group or series of trustees or beneficial owners; (4) May grant to (or withhold from) all or certain trustees or beneficial owners, or a specified class, group or series of trustees or beneficial owners, the right to vote, separately or with any or all other classes, groups or series of the trustees or beneficial owners, on any matter, such voting being on a per capita, number, financial interest, class, group, series or any other basis; (5) May, if and to the extent that voting rights are granted under the governing instrument, set forth provisions relating to notice of the time, place or purpose of any meeting at which any matter is to be voted on, waiver of any such notice, action by consent without a meeting, the establishment of record dates, quorum requirements, voting in person, by proxy or in any other manner, or any other matter with respect to the exercise of any such right to vote; (6) May provide for the present or future creation of more than 1 statutory trust, including the creation of a future statutory trust to which all or any part of the assets, liabilities, profits or losses of any existing statutory trust will be transferred, and for the conversion of beneficial interests in an existing statutory trust, or series thereof, into beneficial interests in the separate statutory trust, or series thereof; (7) May provide for the appointment, election or engagement, either as agents or independent contractors of the statutory trust or as delegates of the trustees, of officers, employees, managers or other persons who may manage the business and affairs of the statutory trust and may have such titles and such relative rights, powers and duties as the governing instrument shall provide. (8) May provide rights to any person, including a person who is not a party to the governing instrument, to the extent set forth therein; (9) May provide for the manner in which it may be amended, including by requiring the approval of a person who is not a party to the governing instrument or the satisfaction of conditions, and to the extent the governing instrument provides for the manner in which it may be amended such governing instrument may be amended only in that manner or as otherwise permitted by law, including as permitted by § 3815(f) of this title (provided that the approval of any person may be waived by such person and that any such conditions may be waived by all persons for whose benefit such conditions were intended). Unless otherwise provided in a governing instrument, a supermajority amendment provision shall only apply to provisions of the governing instrument that are expressly included in the governing instrument. As used in this section, "supermajority amendment provision'' means any amendment provision set forth in a governing instrument requiring that an amendment to a provision of the governing instrument be adopted by no less than the vote or consent required to take action under such latter provision. If a governing instrument does not provide for the manner in which it may be amended, the governing instrument may be amended with the approval of all of the beneficial owners and trustees or as otherwise permitted by law, including as permitted by § 3815(f) of this title; or (10) May provide for specific trustees, a certain number of trustees or a threshold percentage of trustees required to vote in favor of any action in order for such action to be considered approved by the trustees; except that, if the governing instrument is silent as to the specific trustees, number of trustees or threshold percentage of trustees so required, then unless otherwise provided in this chapter or in the governing instrument, the vote of a majority of the trustees (or, in the event that such action requires the approval of a particular class, group, or series of trustees, then a majority of such class, group, or series) shall be sufficient to approve such action. (c) To the extent that, at law or in equity, a trustee or beneficial owner or other person has duties (including fiduciary duties) to a statutory trust or to another trustee or beneficial owner or to another person that is a party to or is otherwise bound by a governing instrument, the trustee's or beneficial owner's or other person's duties may be expanded or restricted or eliminated by provisions in the governing instrument; provided, that the governing instrument may not eliminate the implied contractual covenant of good faith and fair dealing. (d) Unless otherwise provided in a governing instrument, a trustee or beneficial owner or other person shall not be liable to a statutory trust or to another trustee or beneficial owner or to another person that is a party to or is otherwise bound by a governing instrument for breach of fiduciary duty for the trustee's or beneficial owner's or other person's good faith reliance on the provisions of the governing instrument. (e) A governing instrument may provide for the limitation or elimination of any and all liabilities for breach of contract and breach of duties (including fiduciary duties) of a trustee, beneficial owner or other person to a statutory trust or to another trustee or beneficial owner or to another person that is a party to or is otherwise bound by a governing instrument; provided, that a governing instrument may not limit or eliminate liability for any act or omission that constitutes a bad faith violation of the implied contractual covenant of good faith and fair dealing. (f) Unless otherwise provided in the governing instrument of a statutory trust, meetings of beneficial owners may be held by means of conference telephone or other communications equipment by means of which all persons participating in the meeting can hear each other, and participation in a meeting pursuant to this subsection shall constitute presence in person at the meeting. Unless otherwise provided in the governing instrument of a statutory trust, on any matter that is to be voted on by the beneficial owners: (1) The beneficial owners may take such action without a meeting, without a prior notice and without a vote if consented to, in writing, or by electronic transmission by beneficial owners having not less than the minimum number of votes that would be necessary to authorize or take such action at a meeting at which all interests in the statutory trust entitled to vote thereon were present and voted; and (2) The beneficial owners may vote in person or by proxy, and such proxy may be granted in writing, by means of electronic transmission; or as otherwise permitted by applicable law. Unless otherwise provided in a governing instrument, a consent transmitted by electronic transmission by a beneficial owner or by a person or persons authorized to act for a beneficial owner shall be deemed to be written and signed for purposes of this subsection. For purposes of this subsection, the term "electronic transmission'' means any form of communication, not directly involving the physical transmission of paper, including the use of or participation in 1 or more electronic networks or databases (including 1 or more distributed electronic networks or databases), that creates a record that may be retained, retrieved, and reviewed by a recipient thereof, and that may be directly reproduced in paper form by such a recipient through an automated process. Unless otherwise provided in a governing instrument, if a person (whether or not then a beneficial owner) consenting as a beneficial owner to any matter provides that such consent will be effective at a future time (including a time determined upon the happening of an event), then such person shall be deemed to have consented as a beneficial owner at such future time so long as such person is then a beneficial owner. (g) Unless otherwise provided in the governing instrument of a statutory trust, meetings of trustees may be held by means of conference telephone or other communications equipment by means of which all persons participating in the meeting can hear each other, and participation in a meeting pursuant to this subsection shall constitute presence in person at the meeting. Unless otherwise provided in the governing instrument of a statutory trust, on any matter that is to be voted on by the trustees: (1) The trustees may take such action without a meeting, without a prior notice and without a vote if consented to, in writing, or by electronic transmission, by trustees having not less than the minimum number of votes that would be necessary to authorize or take such action at a meeting at which all trustees entitled to vote thereon were present and voted; and (2) The trustee may vote in person or by proxy, and such proxy may be granted in writing, by means of electronic transmission, or as otherwise permitted by applicable law. Unless otherwise provided in a governing instrument, a consent transmitted by electronic transmission by a trustee or by a person or persons authorized to act for a trustee shall be deemed to be written and signed for purposes of this subsection. For purposes of this subsection, the term "electronic transmission'' means any form of communication, not directly involving the physical transmission of paper, including the use of or participation in 1 or more electronic networks or databases (including 1 or more distributed electronic networks or databases), that creates a record that may be retained, retrieved, and reviewed by a recipient thereof, and that may be directly reproduced in paper form by such a recipient through an automated process. Unless otherwise provided in a governing instrument, if a person (whether or not then a trustee) consenting as a trustee to any matter provides that such consent will be effective at a future time (including a time determined upon the happening of an event), then such person shall be deemed to have consented as a trustee at such future time so long as such person is then a trustee. (h) Except to the extent otherwise provided in the governing instrument of a statutory trust, a beneficial owner, trustee, officer, employee or manager may lend money to, borrow money from, act as a surety, guarantor or endorser for, guarantee or assume 1 or more obligations of, provide collateral for, and transact other business with a statutory trust and, subject to other applicable law, has the same rights and obligations with respect to any such matter as a person who is not a beneficial owner, trustee, officer, employee or manager. (i) Except to the extent otherwise provided in the governing instrument of a statutory trust, a trustee of a statutory trust has the power and authority to delegate to 1 or more other persons the trustee's rights, powers or duties to manage and control the business and affairs of the statutory trust, including to delegate to agents, officers and employees of the trustee or the statutory trust, and to delegate by management agreement or other agreement with, or otherwise to, other persons. Unless otherwise provided in the governing instrument of a statutory trust, such delegation by a trustee of a statutory trust shall be irrevocable if it states that it is irrevocable. Except to the extent otherwise provided in the governing instrument of a statutory trust, such delegation by a trustee of a statutory trust shall not cause the trustee to cease to be a trustee of the statutory trust or cause the person to whom any such rights, powers or duties have been delegated to be a trustee of the statutory trust. (j) The governing instrument of a statutory trust may provide that: (1) A beneficial owner who fails to perform in accordance with, or to comply with the terms and conditions of, the governing instrument shall be subject to specified penalties or specified consequences; (2) At the time or upon the happening of events specified in the governing instrument, a beneficial owner shall be subject to specified penalties or specified consequences; and (3) The specified penalties or specified consequences under paragraphs (j)(1) and (j)(2) of this section may include and take the form of any penalty or consequence set forth in § 3802(c) of this title.

Answer 38

(k) A trustee, beneficial owner or an officer, employee, manager or other person designated in accordance with paragraph (b)(7) or subsection (i) of this section shall be fully protected in relying in good faith upon the records of the statutory trust and upon information, opinions, reports or statements presented by another trustee, beneficial owner or officer, employee, manager or other person designated in accordance with paragraph (b)(7) or subsection (i) of this section, or by any other person as to matters the trustee, beneficial owner or officer, employee, manager or other person designated in accordance with paragraph (b)(7) or subsection (i) of this section reasonably believes are within such other person's professional or expert competence, including information, opinions, reports or statements as to the value and amount of the assets, liabilities, profits or losses of the statutory trust, or the value and amount of assets or reserves or contracts, agreements or other undertakings that would be sufficient to pay claims and obligations, or any other facts pertinent to the existence and amount of assets from which distributions to beneficial owners or creditors might properly be paid.

Answer 39

(m) Except to the extent otherwise provided in the governing instrument of a statutory trust, a trustee shall have no duties or liabilities with respect to the selection, supervision, removal, decisions or actions of, or to exercise or perform the rights, powers or duties of, an officer, employee, manager or other person acting pursuant to paragraph (b)(7) of this section or a delegate acting pursuant to subsection (i) of this section: (1) To the extent such person is appointed, elected, engaged or made a delegate by an express provision of the governing instrument or another agreement contemplated thereby; (2) To the extent the trustee is required to appoint, elect or engage, or delegate to, such person by an express provision of the governing instrument or another agreement contemplated thereby and not pursuant to the discretionary authority of the trustee; (3) To the extent a trustee makes an irrevocable delegation pursuant to subsection (i) of this section and pursuant to the discretionary authority of the trustee, except to exercise the standard of care required of the trustee under the governing instrument or this subchapter in making such decisions when selecting such person and when establishing the scope and terms of the delegation; or (4) In all other cases, except to exercise the standard of care required of the trustee under the governing instrument or this subchapter in making such decisions when selecting such person, when establishing the scope and terms of the delegation and when reviewing such person's actions in order to monitor such person's performance and compliance with the scope and terms of the delegation. (n) Any officer, employee, manager or other person acting pursuant to paragraph (b)(7) of this section or any delegate acting pursuant to subsection (i) of this section shall comply with the scope and terms of the appointment, election, engagement or delegation and, except to the extent otherwise provided in the governing instrument of a statutory trust or the terms of such appointment, election, engagement or delegation, shall: (1) Exercise the rights, powers and duties subject to the standard of care required of the trustee under the governing instrument or this subchapter; and (2) Be liable for failure to do so. 66 Del. Laws, c. 279, § 1; 67 Del. Laws, c. 297, § 4; 68 Del. Laws, c. 404, § 9; 69 Del. Laws, c. 265, §§ 3-5; 71 Del. Laws, c. 335, § 5; 72 Del. Laws, c. 387, § 5; 73 Del. Laws, c. 328, §§ 9-12; 73 Del. Laws, c. 329, § 1; 74 Del. Laws, c. 353, §§ 2-4; 75 Del. Laws, c. 418, §§ 5-10; 77 Del. Laws, c. 403, §§ 3, 4; 78 Del. Laws, c. 280, §§ 4-6; 79 Del. Laws, c. 355, §§ 2-4; 80 Del. Laws, c. 304, §§ 3, 4; 81 Del. Laws, c. 352, §§ 5-10.;

Answer 40

(l ) Except to the extent otherwise provided in the governing instrument of a statutory trust, trustees of a statutory trust that is registered as an investment company under the Investment Company Act of 1940 [15 U.S.C. § 80a-1 et seq.] shall have the same fiduciary duties as directors of private corporations for profit organized under the general corporation law of the State.

Answer 41

(a) Every statutory trust shall at all times have at least 1 trustee which, in the case of a natural person, shall be a person who is a resident of this State or which, in all other cases, has its principal place of business in this State. (b) Notwithstanding the provisions of subsection (a) of this section, if a statutory trust is, becomes, or will become prior to or within 180 days following the first issuance of beneficial interests, a registered investment company under the Investment Company Act of 1940, as amended (15 U.S.C. § 80a-1 et seq.), such statutory trust shall not be required to have a trustee who is a resident of this State or who has a principal place of business in this State if notice that the statutory trust is or will become an investment company as referenced in this sentence is set forth in the certificate of trust of the statutory trust and if and for so long as such statutory trust shall have and maintain in this State: (1) A registered office, which may but need not be a place of business in this State; and (2) A registered agent for service of process on the statutory trust, which agent may be either an individual resident in this State whose business office is identical with such statutory trust's registered office, or a domestic corporation, limited partnership, limited liability company or statutory trust, or a foreign corporation, limited partnership, limited liability company or statutory trust authorized to transact business in this State, having a business office identical with such registered office. (c) Any statutory trust maintaining a registered office and registered agent in this State under subsection (b) of this section may change the location of its registered office in this State to any other place in this State, or may change the registered agent to any other person or corporation (meeting the requirements contained in subsection (b) of this section), by filing an amendment to its certificate of trust in accordance with the applicable provisions of this subchapter. If a statutory trust which is an investment company registered as aforesaid maintains a registered office and a registered agent in this State as herein provided, then the reference in § 3810(a)(1)b. of this title to the "name and address in this State of at least 1 of the trustees meeting the requirements of § 3807 of this title'' shall be deemed a reference to the name and address in this State of the registered agent and registered office maintained under this section, and the certificate of trust filed under § 3810 of this title shall reflect such information in lieu of the information otherwise required by § 3810(a)(1)b. of this title. (d) Service of process upon a registered agent maintained by a statutory trust pursuant to subsection (b) of this section shall be as effective as if served upon one of the trustees of the statutory trust pursuant to § 3804 of this title. (e) A trustee or registered agent of a statutory trust whose address, as set forth in a certificate of trust pursuant to § 3810(a)(1)b. of this title, has changed may change such address in the certificates of trust of all statutory trusts for which such trustee or registered agent is appointed to another address in the State by paying a fee as set forth in § 3813(a)(5) of this title and filing with the Secretary of State a certificate, executed by such trustee or registered agent, setting forth the address of such trustee or registered agent before it was changed, and further certifying as to the new address of such trustee or registered agent for each of the statutory trusts for which it is trustee or registered agent. Upon the filing of such certificate, the Secretary of State shall furnish to the trustee or registered agent a certified copy of the same under the Secretary's hand and seal of office, and thereafter, or until further change of address, as authorized by law, the address of such trustee or registered agent in the State for each of the statutory trusts for which it is trustee or registered agent shall be located at the new address of the trustee or registered agent thereof as given in the certificate. A trustee or registered agent of a statutory trust whose name, as set forth in a certificate of trust pursuant to § 3810(a)(1)b. of this title, has changed may change such name in the certificates of trust of all statutory trusts for which such trustee or registered agent is appointed to its new name by paying a fee as set forth in § 3813(a)(5) of this title and filing with the Secretary of State a certificate, executed by such trustee or registered agent, setting forth the name of such trustee or registered agent before it was changed and further certifying as to the new name of such trustee or registered agent for each of the statutory trusts for which it is a trustee or registered agent. Upon the filing of such certificate and payment of such fee, the Secretary of State shall furnish to the trustee or registered agent a certified copy of the certificate under the Secretary's hand and seal of office. A change of name of any person acting as a trustee or registered agent of a statutory trust as a result of a merger or consolidation of the trustee or registered agent with another person who succeeds to its assets and liabilities by operation of law shall be deemed a change of name for purposes of this section. Filing a certificate under this section shall be deemed to be an amendment of the certificate of trust of each statutory trust affected thereby, and no further action with respect thereto to amend its certificate of trust under § 3810 of this title shall be required. Any trustee or registered agent filing a certificate under this section shall promptly, upon such filing, deliver a copy of any such certificate to each statutory trust affected thereby. (f) The registered agent of 1 or more statutory trusts may resign and appoint a successor registered agent by paying a fee as set forth in § 3813(a)(5) of this title and filing a certificate with the Secretary of State stating that it resigns and providing the name and address of the successor registered agent. There shall be attached to such certificate a statement of each affected statutory trust ratifying and approving such change of registered agent. Upon such filing, or upon the future effective date or time of such certificate if it is not to be effective upon filing, the successor registered agent shall become the registered agent of such statutory trusts as have ratified and approved such succession, and the successor registered agent's address, as stated in such certificate, shall become the address of each such statutory trust's registered office in the State of Delaware. The Secretary of State shall then issue a certificate that the successor registered agent has become the registered agent of the statutory trusts so ratifying and approving such change and setting out the names of such statutory trusts. Filing of such certificate of resignation shall be deemed to be an amendment to the certificate of trust of each statutory trust affected thereby, and no further action with respect thereto to amend its certificate of trust under § 3810 of this title shall be required. (g) The registered agent of 1 or more statutory trusts may resign without appointing a successor registered agent by paying a fee as set forth in § 3813(a)(5) of this title and filing a certificate of resignation with the Secretary of State, but such resignation shall not become effective until 30 days after the certificate is filed. The certificate shall contain a statement that written notice of resignation was given to each affected statutory trust at least 30 days prior to the filing of the certificate by mailing or delivering such notice to each statutory trust at its address last known to the registered agent and shall set forth the date of such notice. After receipt of the notice of the resignation of its registered agent, each statutory trust for which such registered agent was maintaining a registered office and registered agent in this State under subsection (b) of this section shall obtain and designate a new registered agent, to take the place of the registered agent so resigning, or shall appoint a trustee meeting the requirements of subsection (a) of this section. After the resignation of the registered agent shall have become effective as provided in this section and if no new registered agent shall have been obtained and designated in the time and manner aforesaid, service of legal process against each statutory trust for which the resigned registered agent had been acting shall thereafter be upon the Secretary of State in accordance with § 3804 of this title. (h) As contained in any certificate of trust, application for registration as a foreign statutory trust, or other document filed in the office of the Secretary of State under this chapter, the address of a trustee and a registered agent or registered office shall include the street, number, city and postal code.

Answer 42

(a) Except to the extent otherwise provided in the governing instrument of the statutory trust, a statutory trust shall have perpetual existence, and a statutory trust may not be terminated or revoked by a beneficial owner or other person except in accordance with the terms of its governing instrument. (b) Except to the extent otherwise provided in the governing instrument of a statutory trust, the death, incapacity, dissolution, termination or bankruptcy of a beneficial owner or a trustee shall not result in the termination or dissolution of a statutory trust. (c) In the event that a statutory trust does not have perpetual existence, a statutory trust is dissolved and its affairs shall be wound up at the time or upon the happening of events specified in the governing instrument. If a governing instrument provides the manner in which a dissolution may be revoked, it may be revoked in that manner and, unless a governing instrument prohibits revocation of dissolution, then notwithstanding the happening of events specified in the governing instrument, the statutory trust shall not be dissolved and its affairs shall not be wound up if, prior to the filing of a certificate of cancellation as provided in § 3810 of this title, the statutory trust is continued, effective as of the happening of such event: (1) In the case of dissolution effected by the approval of the beneficial owners or other persons, pursuant to such approval (and the approval of any beneficial owners or other persons whose approval is required under the governing instrument to revoke a dissolution contemplated by this clause); and (2) In the case of dissolution at the time or upon the happening of events specified in a governing instrument (other than a dissolution effected by the approval of the beneficial owners or other persons), pursuant to such approval that, pursuant to the terms of the governing instrument, is required to amend the provision of the governing instrument effecting such dissolution (and the approval of any beneficial owners or other persons whose approval is required under the governing instrument to revoke a dissolution contemplated by this clause). The provisions of this section shall not be construed to limit the accomplishment of a revocation of dissolution by other means permitted by law. (d) Upon dissolution of a statutory trust and until the filing of a certificate of cancellation as provided in § 3810 of this title, the persons who, under the governing instrument of the statutory trust, are responsible for winding up the statutory trust's affairs may, in the name of and for and on behalf of the statutory trust, prosecute and defend suits, whether civil, criminal or administrative, gradually settle and close the statutory trust business, dispose of and convey the statutory trust property, discharge or make reasonable provision for the statutory trust liabilities and distribute to the beneficial owners any remaining assets of the statutory trust. (e) A statutory trust which has dissolved shall pay or make reasonable provision to pay all claims and obligations, including all contingent, conditional or unmatured claims and obligations, known to the statutory trust and all claims and obligations which are known to the statutory trust but for which the identity of the claimant is unknown and claims and obligations that have not been made known to the statutory trust or that have not arisen but that, based on the facts known to the statutory trust, are likely to arise or to become known to the statutory trust within 10 years after the date of dissolution. If there are sufficient assets, such claims and obligations shall be paid in full and any such provision for payment shall be made in full. If there are insufficient assets, such claims and obligations shall be paid or provided for according to their priority and, among claims and obligations of equal priority, ratably to the extent of assets available therefor. Unless otherwise provided in the governing instrument of a statutory trust, any remaining assets shall be distributed to the beneficial owners. Any person, including any trustee, who under the governing instrument of the statutory trust is responsible for winding up a statutory trust's affairs who has complied with this subsection shall not be personally liable to the claimants of the dissolved statutory trust by reason of such person's actions in winding up the statutory trust. (f) Except to the extent otherwise provided in the governing instrument of the statutory trust, a series established in accordance with § 3804(a) of this title may be dissolved and its affairs wound up without causing the dissolution of the statutory trust or any other series thereof. Unless otherwise provided in the governing instrument of the statutory trust, the dissolution, winding up, liquidation or termination of the statutory trust or any series thereof shall not affect the limitation of liability with respect to a series established in accordance with § 3804(a) of this title. A series established in accordance with § 3804(a) of this title is dissolved and its affairs shall be wound up at the time or upon the happening of events specified in the governing instrument of the statutory trust. Except to the extent otherwise provided in the governing instrument of a statutory trust, the death, incapacity, dissolution, termination or bankruptcy of a beneficial owner or a trustee of such series shall not result in the termination or dissolution of such series and such series may not be terminated or revoked by a beneficial owner of such series or other person except in accordance with the terms of the governing instrument of the statutory trust. (g) Upon dissolution of a series of a statutory trust established in accordance with § 3804(a) of this title, the persons who under the governing instrument of the statutory trust are responsible for winding up such series' affairs may, in the name of the statutory trust and for and on behalf of the statutory trust and such series, take all actions with respect to the series as are permitted under subsection (d) of this section and shall provide for the claims and obligations of the series and distribute the assets of the series as provided under subsection (e) of this section. Any person, including any trustee, who under the governing instrument is responsible for winding up such series' affairs who has complied with subsection (e) of this section shall not be personally liable to the claimants of the dissolved series by reason of such person's actions in winding up the series.

Answer 43

Except to the extent otherwise provided in the governing instrument of a statutory trust or in this subchapter, the laws of this State pertaining to trusts are hereby made applicable to statutory trusts; provided however, that for purposes of any tax imposed by this State or any instrumentality, agency or political subdivision of this State a statutory trust shall be classified as a corporation, an association, a partnership, a trust or otherwise, as shall be determined under the United States Internal Revenue Code of 1986 [26 U.S. Code § 1 et seq.], as amended, or under any successor provision.

Answer 44

§ 3810 Certificate of trust; amendment; restatement; cancellation. (a) (1) Every statutory trust shall file a certificate of trust in the office of the Secretary of State. The certificate of trust shall set forth: a. The name of the statutory trust; b. The name and address in this State of at least 1 of the trustees meeting the requirements of § 3807 of this title; c. The future effective date or time (which shall be a date or time certain) of effectiveness of the certificate if it is not to be effective upon the filing of the certificate; and d. Any other information the trustees determine to include therein. (2) A statutory trust is formed at the time of the filing of the initial certificate of trust in the Office of the Secretary of State or at any later date or time specified in the certificate of trust if, in either case, there has been substantial compliance with the requirements of this section. A statutory trust formed under this chapter, unless otherwise provided in its certificate of trust and in its governing instrument, shall be a separate legal entity. A statutory trust as to which a certificate of trust has been filed and a governing instrument has been adopted, regardless of the sequence of such acts, shall be duly formed, and the existence of the statutory trust shall continue until cancellation of the statutory trust's certificate of trust. (3) The filing of a certificate of trust in the office of the Secretary of State shall make it unnecessary to file any other documents under Chapter 31 of Title 6. (b) (1) A certificate of trust may be amended by filing a certificate of amendment thereto in the office of the Secretary of State. The certificate of amendment shall set forth: a. The name of the statutory trust; b. The amendment to the certificate; and c. The future effective date or time (which shall be a date or time certain) of effectiveness of the certificate if it is not to be effective upon the filing of the certificate. (2) Except to the extent otherwise provided in the certificate of trust or in the governing instrument of a statutory trust, a certificate of trust may be amended at any time for any purpose as the trustees may determine. A trustee who becomes aware that any statement in a certificate of trust was false when made or that any matter described has changed making the certificate false in any material respect shall promptly file a certificate of amendment. (c) (1) A certificate of trust may be restated by integrating into a single instrument all of the provisions of the certificate of trust which are then in effect and operative as a result of there having been theretofore filed 1 or more certificates of amendment pursuant to subsection (b) of this section, and the certificate of trust may be amended or further amended by the filing of a restated certificate of trust. The restated certificate of trust shall be specifically designated as such in its heading and shall set forth: a. The present name of the statutory trust, and if it has been changed, the name under which the statutory trust was originally formed; b. The date of filing of the original certificate of trust with the Secretary of State; c. The information required to be included pursuant to subsection (a) of this section; and d. Any other information the trustees determine to include therein. (2) A certificate of trust may be restated at any time for any purpose as the trustees may determine. A trustee who becomes aware that any statement in a restated certificate of trust was false when made or that any matter described has changed making the restated certificate false in any material respect shall promptly file a certificate of amendment or a restated certificate of trust. (d) A certificate of trust shall be cancelled upon the dissolution and the completion of winding up of a statutory trust, or upon the filing of a certificate of merger or consolidation if the statutory trust is not the surviving or resulting person in a merger or consolidation, or upon the future effective date or time of a certificate of merger or consolidation if the trust is not the surviving or resulting person in a merger or consolidation, or upon the filing of a certificate of transfer, or upon the future effective date or time of a certificate of transfer, or upon the filing of a certificate of conversion to non-Delaware other business entity or upon the future effective date or time of a certificate of conversion to non-Delaware entity. A certificate of cancellation shall be filed in the office of the Secretary of State and set forth: (1) The name of the statutory trust; (2) The date of filing of its certificate of trust; (3) The future effective date or time (which shall be a date or time certain) of cancellation if it is not to be effective upon the filing of the certificate; and (4) Any other information the trustee determines to include therein. A certificate of cancellation that is filed in the office of the Secretary of State prior to the dissolution or the completion of winding up of a statutory trust may be corrected as an erroneously executed certificate of cancellation by filing with the office of the Secretary of State a certificate of correction of such certificate of cancellation in accordance with subsection (e) of this section. The Secretary of State shall not issue a certificate of good standing with respect to a statutory trust if its certificate of trust is cancelled. (e) Whenever any certificate authorized to be filed with the office of the Secretary of State under this subchapter has been so filed and is an inaccurate record of the action therein referred to or was defectively or erroneously executed, such certificate may be corrected by filing with the office of the Secretary of State a certificate of correction of such certificate. The certificate of correction shall specify the inaccuracy or defect to be corrected, shall set forth the portion of the certificate in corrected form and shall be executed and filed as required by this subchapter. The certificate of correction shall be effective as of the date the original certificate was filed, except as to those persons who are substantially and adversely affected by the correction, and as to those persons the certificate of correction shall be effective from the filing date. In lieu of filing a certificate of correction, the certificate may be corrected by filing with the office of the Secretary of State a corrected certificate which shall be executed and filed in accordance with this subchapter. The corrected certificate shall be specifically designated as such in its heading, shall specify the inaccuracy or defect to be corrected and shall set forth the entire certificate in corrected form. The corrected certificate shall be effective as of the date the original certificate was filed, except as to those persons who are substantially and adversely affected by the corrections, and as to those persons the corrected certificate shall be effective from the filing date. (f) If any certificate filed in accordance with this subchapter provides for a future effective date or time and if the transaction is terminated or amended to change the future effective date or time prior to the future effective date or time, the certificate shall be terminated or amended by the filing, prior to the future effective date or time set forth in such original certificate, of a certificate of termination or amendment of the original certificate, executed and filed in accordance with this subchapter, which shall identify the original certificate which has been terminated or amended and shall state that the original certificate has been terminated or amended. (g) When the certificate of trust of any statutory trust formed under this chapter shall be cancelled by the filing of a certificate of cancellation pursuant to this section, the Court of Chancery, on application of any creditor, beneficial owner or trustee of the statutory trust, or any other person who shows good cause therefor, at any time, may either appoint 1 or more persons to be trustees, or appoint 1 or more persons to be receivers, of and for the statutory trust, to take charge of the statutory trust's property, and to collect the debts and property due and belonging to the statutory trust, with the power to prosecute and defend, in the name of the statutory trust, or otherwise, all such suits as may be necessary or proper for the purposes aforesaid, and to appoint an agent or agents under them, and to do all other acts which might be done by the statutory trust, if in being, that may be necessary for the final settlement of the unfinished business of the statutory trust. The powers of the trustees or receivers may be continued as long as the Court of Chancery shall think necessary for the purposes aforesaid.

Answer 45

(a) Each certificate required by this subchapter to be filed in the office of the Secretary of State shall be executed in the following manner: (1) A certificate of trust must be signed by all of the trustees; (2) A certificate of amendment, a certificate of correction, a corrected certificate, a certificate of termination or amendment, and a restated certificate of trust must be signed by at least one of the trustees; (3) A certificate of cancellation must be signed by all of the trustees or as otherwise provided in the governing instrument of the statutory trust; and (4) If a statutory trust is filing a certificate of merger or consolidation, certificate of conversion, certificate of transfer, certificate of transfer and continuance, certificate of statutory trust domestication or certificate of termination or amendment to any such certificate, the certificate of merger or consolidation, certificate of conversion, certificate of transfer, certificate of transfer and continuance, certificate of statutory trust domestication or certificate of termination or amendment to any such certificate must be signed by all of the trustees or as otherwise provided in the governing instrument of the statutory trust, or if the certificate of merger or consolidation, certificate of conversion, certificate of statutory trust domestication or certificate of termination or amendment to any such certificate is being filed by an other business entity or non-United States entity (as such term is defined in § 3822 of this title thereof), the certificate of merger or consolidation, certificate of conversion, certificate of statutory trust domestication or certificate of termination or amendment to any such certificate must be signed by a person authorized to execute the certificate on behalf of the other business entity or non-United States entity (as such term is defined in § 3822 of this title hereof). (b) Unless otherwise provided in the governing instrument, any person may sign any certificate or amendment thereof or enter into a governing instrument or amendment thereof by any agent, including any attorney-in-fact. An authorization, including a power of attorney, to sign any certificate or amendment thereof or to enter into a governing instrument or amendment thereof need not be in writing, need not be sworn to, verified or acknowledged and need not be filed in the office of the Secretary of State, but if in writing, must be retained by the statutory trust or a trustee or other person authorized to manage the business and affairs of the statutory trust. (c) The execution of a certificate by a trustee, or other person authorized pursuant to subsection (a) of this section above, constitutes an oath or affirmation, under the penalties of perjury in the third degree, that, to the best of the trustee's, or other person authorized pursuant to subsection (a) of this section above, knowledge and belief, the facts stated therein are true. (d) For all purposes of the laws of the State of Delaware, unless otherwise provided in a governing instrument of a statutory trust, a power of attorney or proxy with respect to a statutory trust granted to any person shall be irrevocable if it states that it is irrevocable and it is coupled with an interest sufficient in law to support an irrevocable power of attorney or proxy. Such irrevocable power of attorney or proxy, unless otherwise provided therein or in a governing instrument of a statutory trust, shall not be affected by subsequent death, disability, incapacity, dissolution, termination of existence or bankruptcy of, or any other event concerning, the principal. A power of attorney or proxy with respect to matters relating to the organization, internal affairs or termination of a statutory trust or granted by a person as a beneficial owner or by a person seeking to become a beneficial owner and, in either case, granted to the statutory trust, a trustee or beneficial owner thereof, or any of their respective officers, directors, managers, members, partners, trustees, employees or agents shall be deemed coupled with an interest sufficient in law to support an irrevocable power of attorney or proxy. The provisions of this subsection shall not be construed to limit the enforceability of a power of attorney or proxy that is part of a governing instrument of a statutory trust.

Answer 46

(a) Any certificate authorized to be filed with the office of the Secretary of State under this subchapter (or any judicial decree of amendment or cancellation) shall be delivered to the office of the Secretary of State for filing. A person who executes a certificate as an agent or fiduciary need not exhibit evidence of the person's authority as a prerequisite to filing. Unless the Secretary of State finds that any certificate does not conform to law, upon receipt of all filing fees required by law the Secretary of State shall: (1) Certify that the certificate (or any judicial decree of amendment or cancellation) has been filed in the Secretary of State's office by endorsing upon the filed certificate (or judicial decree) the word "filed,'' and the date and hour of the filing. This endorsement is conclusive of the date and time of its filing in the absence of actual fraud; (2) File and index the endorsed certificate (or judicial decree); (3) Prepare and return to the person who filed it or the person's representative a copy of the filed certificate (or judicial decree), similarly endorsed, and shall certify such copy as a true copy of the filed certificate (or judicial decree); and (4) Enter such information from the certificate as the Secretary of State deems appropriate into the Delaware Corporation Information System or any system which is a successor thereto in the office of the Secretary of State, and such information shall be permanently maintained as a public record. A copy of each certificate shall be permanently maintained on optical disk or by other suitable medium. (b) Notwithstanding any other provision of this chapter, any certificate filed in the office of the Secretary of State under this chapter shall be effective at the time of its filing with the Secretary of State or at any later date or time (not later than a time on the one hundred and eightieth day after the date of its filing if such date of filing is on or after January 1, 2012) specified in the certificate. Upon the effective time of a certificate of amendment (or judicial decree of amendment), certificate of correction, corrected certificate, or restated certificate, the certificate of trust shall be amended or restated as set forth therein. Upon the effective time of a certificate of cancellation (or a judicial decree thereof) or a certificate of merger or consolidation which acts as a certificate of cancellation or a certificate of transfer or a certificate of conversion to a non-Delaware entity, as provided for therein, the certificate of trust shall be canceled. Upon the effective time of a certificate of termination or amendment, the original certificate identified in the certificate of termination or amendment shall be terminated or amended, as the case may be. (c) A fee as set forth in § 3813(a)(2) of this title shall be paid at the time of the filing of a certificate of trust, a certificate of amendment, a certificate of correction, a corrected certificate, a certificate of termination or amendment, a certificate of cancellation, a certificate of merger or consolidation, a certificate of conversion, a certificate of transfer, a certificate of transfer and continuance, a certificate of statutory trust domestication or a restated certificate. (d) A fee as set forth in § 3813(a)(3) of this title shall be paid for a certified copy of any certificate on file as provided for by this subchapter and a fee as set forth in § 3813(a)(4) of this title shall be paid for each page copied. (e) Any signature on any certificate authorized to be filed with the Secretary of State under any provision of this subchapter may be a facsimile, a conformed signature or an electronically transmitted signature. Any such certificate may be filed by telecopy, fax or similar electronic transmission; provided, however, that the Secretary of State shall have no obligation to accept such filing if such certificate is illegible or otherwise unsuitable for processing. (f) The fact that a certificate of trust is on file in the Office of the Secretary of State is notice that the person formed in connection with the filing of the certificate of trust is a statutory trust formed under the laws of the State and is notice of all other facts set forth therein which are required to be set forth in a certificate of trust by § 3810(a)(1) and (2) of this title and is notice of the limitation on liability of a series of a statutory trust which is permitted to be set forth in a certificate of trust by § 3804(a) of this title. (g) Notwithstanding any other provision of this chapter, it shall not be necessary for any statutory trust or foreign statutory trust to amend its certificate of trust, its application for registration as a foreign statutory trust, or any other document that has been filed in the office of the Secretary of State prior to August 1, 2011, to comply with § 3807(h) of this title; notwithstanding the foregoing, any certificate or other document filed under this chapter on or after August 1, 2011, and changing the address of a trustee or registered agent or registered office shall comply with § 3807(h) of this title.

Answer 47

§ 3813 Fees. (a) No documents required to be filed under this subchapter shall be effective until the applicable fee required by this section is paid. The following fees shall be paid to and collected by the Secretary of State for the use of this State: (1) Upon the receipt for filing of an application for reservation of name, and application for renewal of reservation, or notice of transfer or cancellation of reservation pursuant to § 3814 of this title, a fee in the amount of $75. (2) Upon the receipt for filing of a certificate of trust, a certificate of amendment, a certificate of cancellation or a certificate of merger or consolidation, a certificate of correction, a corrected certificate, a certificate of conversion, a certificate of transfer, a certificate of transfer and continuance, a certificate of statutory trust domestication, a certificate of termination or amendment or a restated certificate, a fee in the amount of up to $500. (3) For certifying copies of any paper on file as provided for by this subchapter, a fee in the amount of $50 for each copy certified. (4) For issuing further copies of instruments on file, whether certified or not, a fee in the amount of $10 for the first page and $2 for each additional page. (5) Upon the receipt for filing of a certificate under § 3807(e) of this title, a fee in the amount of $200, upon the receipt for filing of a certificate under § 3807(f) of this title, a fee in the amount of $200, and upon the receipt for filing of a certificate under § 3807(g) of this title, a fee in the amount of $2.00 for each statutory trust whose registered agent has resigned by such certificate. (6) For issuing any certificate of the Secretary of State, including but not limited to a certificate of good standing, other than a certification of a copy under paragraph (a)(3) of this section, a fee in the amount of $50, except that for issuing any certificate of the Secretary of State that recites all of a statutory trust's filings with the Secretary of State, a fee of $175 shall be paid for each such certificate. (b) In addition to those fees charged under subsection (a) of this section, there shall be collected by and paid to the Secretary of State the following: (1) For all services described in subsection (a) of this section that are requested to be completed within 30 minutes on the same day as the day of the request, an additional sum of up to $7,500 and for all services described in subsection (a) of this section that are requested to completed within 1 hour on the same day as the day of the request, an additional sum of up to $1,000 and for all services described in subsection (a) of this section that are requested to be completed within 2 hours on the same day as the day of the request, an additional sum of up to $500; and (2) For all services described in subsection (a) of this section that are requested to be completed within the same day as the day of the request, an additional sum of up to $300; and (3) For all services described in subsection (a) of this section that are requested to be completed within a 24-hour period from the time of the request, an additional sum of up to $150. The Secretary of State shall establish (and may from time to time alter or amend) a schedule of specific fees payable pursuant to this subsection. (c) Notwithstanding Delaware's Freedom of Information Act (Chapter 100 of Title 29) or other provision of law granting access to public records, the Secretary of State upon request shall issue only photocopies or electronic image copies of public records in exchange for the fees described in this section, and in no case shall the Secretary of State be required to provide copies (or access to copies) of such public records (including without limitation bulk data, digital copies of instruments, documents and other papers, databases or other information) in an electronic medium or in any form other than photocopies or electronic image copies of such public records in exchange, as applicable, for the fees described in this section or § 2318 of Title 29 for each such record associated with a file number. (d) Except as provided by this section, all other fees for the Secretary of State shall be as provided for in § 2315 of Title 29.

Answer 48

property (n.) c. 1300, properte, "nature, quality," later "possession, thing owned" (early 14c., a sense rare before 17c.), from an Anglo-French modification of Old French propriete "individuality, peculiarity; property" (12c., Modern French propreté; see propriety), from Latin proprietatem (nominative proprietas) "ownership, a property, propriety, quality," literally "special character" (a loan-translation of Greek idioma), noun of quality from proprius "one's own, special" (see proper). For "possessions, private property" Middle English sometimes used proper goods. Hot property "sensation, a success" is from 1947 in "Billboard" stories. PROPER proper (adj.) c. 1300, "adapted to some purpose, fit, apt; commendable, excellent" (sometimes ironic), from Old French propre "own, particular; exact, neat, fitting, appropriate" (11c.), from Latin proprius "one's own, particular to itself," from pro privo "for the individual, in particular," from ablative of privus "one's own, individual" (see private (adj.)) + pro "for" (see pro-). Related: Properly. From early 14c. as "belonging or pertaining to oneself; individual; intrinsic;" from mid-14c. as "pertaining to a person or thing in particular, special, specific; distinctive, characteristic;" also "what is by the rules, correct, appropriate, acceptable." From early 15c. as "separate, distinct; itself." Meaning "socially appropriate, decent, respectable" is first recorded 1704. Proper name "name belonging to or relating to the person or thing in question," is from late 13c., a sense also preserved in astronomical proper motion (c. 1300). Proper noun is from c. 1500. PRIVATE private (adj.) late 14c., "pertaining or belonging to oneself, not shared, individual; not open to the public;" of a religious rule, "not shared by Christians generally, distinctive; from Latin privatus "set apart, belonging to oneself (not to the state), peculiar, personal," used in contrast to publicus, communis; past participle of privare "to separate, deprive," from privus "one's own, individual," from Proto-Italic *prei-wo- "separate, individual," from PIE *prai-, *prei- "in front of, before," from root *per- (1) "forward." The semantic shift would be from "being in front" to "being separate." Old English in this sense had syndrig. Private grew popular 17c. as an alternative to common (adj.), which had overtones of condescension. Of persons, "not holding public office," recorded from early 15c. In private "privily" is from 1580s. Related: Privately. Private school is from 1650s. Private parts "the pudenda" is from 1785. Private enterprise first recorded 1797; private property by 1680s; private sector is from 1948. Private eye "private detective, person engaged unofficially in obtaining secret information for or guarding the private interests of those who employ him" is recorded from 1938, American English. private (n.) 1590s, "private citizen," short for private person "individual not involved in government" (early 15c.), or from Latin privatus "man in private life," noun use of the adjective; 1781 in the military sense, short for Private soldier "one below the rank of a non-commissioned officer" (1570s), from private (adj.). *PRO- pro- word-forming element meaning "forward, forth, toward the front" (as in proclaim, proceed); "beforehand, in advance" (prohibit, provide); "taking care of" (procure); "in place of, on behalf of" (proconsul, pronoun); from Latin pro "on behalf of, in place of, before, for, in exchange for, just as," which also was used as a prefix. Also in some cases from cognate Greek pro "before, in front of, sooner," which also was used in Greek as a prefix (as in problem). Both the Latin and Greek words are from PIE *pro- (source also of Sanskrit pra- "before, forward, forth;" Gothic faura "before," Old English fore "before, for, on account of," fram "forward, from;" Old Irish roar "enough"), extended form of root *per- (1) "forward," hence "in front of, before, toward, near," etc. *PER- *per- (1) Proto-Indo-European root forming prepositions, etc., meaning "forward," and, by extension, "in front of, before, first, chief, toward, near, against," etc. It is the hypothetical source of/evidence for its existence is provided by: Sanskrit pari "around, about, through," parah "farther, remote, ulterior," pura "formerly, before," pra- "before, forward, forth;" Avestan pairi- "around," paro "before;" Hittite para "outside of," Greek peri "around, about, near, beyond," pera "across, beyond," paros "before," para "from beside, beyond," pro "before;" Latin pro "before, for, on behalf of, instead of," porro "forward," prae "before," per "through;" Old Church Slavonic pra-dedu "great-grandfather;" Russian pere- "through;" Lithuanian per "through;" Old Irish ire "farther," roar "enough;" Gothic faura "before," Old English fore (prep.) "before, in front of," (adv.) "before, previously," fram "forward, from," feor "to a great distance, long ago;" German vor "for;" Old Irish air- Gothic fair-, German ver-, Old English fer-, intensive prefixes.

Answer 49

person (n.) early 13c., from Old French persone "human being, anyone, person" (12c., Modern French personne) and directly from Latin persona "human being, person, personage; a part in a drama, assumed character," originally "a mask, a false face," such as those of wood or clay worn by the actors in later Roman theater. OED offers the general 19c. explanation of persona as "related to" Latin personare "to sound through" (i.e. the mask as something spoken through and perhaps amplifying the voice), "but the long o makes a difficulty ...." Klein and Barnhart say it is possibly borrowed from Etruscan phersu "mask." Klein goes on to say this is ultimately of Greek origin and compares Persephone. In legal use, "corporate body or corporation having legal rights," 15c., short for person aggregate (c. 1400), person corporate (mid-15c.). The use of -person to replace -man in compounds and avoid alleged sexist connotations is recorded by 1971 (in chairperson). In person "by bodily presence" is from 1560s. Person-to-person first recorded 1919, originally of telephone calls. parson (n.) late 12c., from Anglo-French and Old French persone "curate, parson, holder of Church office" (12c.), from Medieval Latin persona "parson" (see person). Ecclesiastical use is obscure; it might refer to the "person" legally holding church property, or it may be an abbreviation of persona ecclesiae "person of the church." persona (n.) 1917, "outward or social personality," a Jungian psychology term, from Latin persona "person" (see person). Used earlier (1909) by Ezra Pound in the sense "literary character representing voice of the author." Persona grata is Late Latin, literally "an acceptable person," originally applied to diplomatic representatives acceptable to the governments to which they were sent; hence also persona non grata (plural personæ non gratæ). personal (adj.) late 14c., "pertaining to the self," from Old French personal (12c., Modern French personnel), from Late Latin personalis "pertaining to a person," from Latin persona (see person). Meaning "aimed at some particular person" (usually in a hostile manner) first attested 1610s. The noun sense of "newspaper item about private matters" is attested from 1888. As "a classified ad addressed to an individual," it is recorded from 1861. Personal computer is from 1976. personify (v.) 1727 "to attribute personal form to things or abstractions" (especially as an artistic or literary technique), from person + -fy or from French personnifier (17c.), from personne. Meaning "to represent, embody" attested from 1806. Related: Personified; personifying. -fy word-forming element meaning "make, make into," from French -fier, from Latin -ficare, combining form of facere "to make," from PIE root *dhe- "to set, put." *dhe- *dhē-, Proto-Indo-European root meaning "to set, put." It is the hypothetical source of/evidence for its existence is provided by: Sanskrit dadhati "puts, places;" Avestan dadaiti "he puts;" Old Persian ada "he made;" Hittite dai- "to place;" Greek tithenai "to put, set, place;" Latin facere "to make, do; perform; bring about;" Lithuanian dėti "to put;" Polish dziać się "to be happening;" Russian delat' "to do;" Old High German tuon, German tun, Old English don "to do."

Answer 50

prove (v.) late 12c., pruven, proven "to try, test; evaluate; demonstrate," from Old French prover, pruver "show; convince; put to the test" (11c., Modern French prouver), from Latin probare "to make good; esteem, represent as good; make credible, show, demonstrate; test, inspect; judge by trial" (source also of Spanish probar, Italian probare), from probus "worthy, good, upright, virtuous," from PIE *pro-bhwo- "being in front," from *pro-, extended form of root *per- (1) "forward," hence "in front of"), + root *bhu- "to be" (source also of Latin fui "I have been," futurus "about to be;" Old English beon "to be;" see be). Related: Proved; proven; proving. PROOF proof (n.) early 13c., preove "evidence to establish the fact of (something)," from Anglo-French preove, Old French prueve "proof, test, experience" (13c., Modern French preuve), from Late Latin proba "a proof," a back-formation from Latin probare "to prove" (see prove). "The devocalization of v to f ensued upon the loss of final e; cf. the relation of v and f in believe, belief, relieve, relief, behove, behoof, etc. [OED]. Meaning "act of proving" is early 14c. Meaning "act of testing or making trial of anything" is from late 14c., from influence of prove. Meaning "standard of strength of distilled liquor" is from 1705. In photography from 1855. Typographical sense of "trial impression to test type" is from c. 1600. Numismatic sense of "coin struck to test a die" is from 1762; now mostly in reference to coins struck from highly polished dies, mainly for collectors. Adjectival sense (proof against) is recorded from 1590s, from the noun in expressions such as proof of (mid-15c.), hence extended senses involving "tested power" in compounds such as fireproof (1630s), waterproof (1725), fool-proof (1902), etc. Shakespeare has shame-proof. Expression the proof is in the pudding (1915) is a curious perversion of earlier proof of the pudding is in the eating (1708), with proof in the sense "quality of proving good or turning out well" (17c.); perhaps an advertiser's condensed form of the original. proof (v.) 1834, "to test," from proof (n.). From 1950 as short for proofread (v.). Related: Proofed; proofing. prove (v.) late 12c., pruven, proven "to try, test; evaluate; demonstrate," from Old French prover, pruver "show; convince; put to the test" (11c., Modern French prouver), from Latin probare "to make good; esteem, represent as good; make credible, show, demonstrate; test, inspect; judge by trial" (source also of Spanish probar, Italian probare), from probus "worthy, good, upright, virtuous," from PIE *pro-bhwo- "being in front," from *pro-, extended form of root *per- (1) "forward," hence "in front of"), + root *bhu- "to be" (source also of Latin fui "I have been," futurus "about to be;" Old English beon "to be;" see be). Related: Proved; proven; proving.

Answer 51

test (n.) late 14c., "small vessel used in assaying precious metals," from Old French test, from Latin testum "earthen pot," related to testa "piece of burned clay, earthen pot, shell" (see tete). Sense of "trial or examination to determine the correctness of something" is recorded from 1590s. The connecting notion is "ascertaining the quality of a metal by melting it in a pot." Test Act was the name given to various laws in English history meant to exclude Catholics and Nonconformists from office, especially that of 1673, repealed 1828. Test drive (v.) is first recorded 1954. test (v.) 1748, "to examine the correctness of," from test (n.), on the notion of "put to the proof." Earlier "assay gold or silver" in a test (c. 1600). Meaning "to administer a test" is from 1939; sense of "undergo a test" is from 1934. Related: Tested; testing.

Answer 52

ONE WHO MAKES A WILL testator (n.) c. 1400, from Anglo-French testatour (c. 1300), from Late Latin testator "one who makes a will," from testari (see testate). Fem. form testatrix is attested from 1590s.

Answer 53

HAVING LEFT A VALID WILL testate (adj.) "having left a valid will," late 15c., from Latin testatus "public, manifest, published," past participle of testari "make a will, be witness to, declare" (see testament).

Answer 54

testament (n.) late 13c., "last will disposing of property," from Latin testamentum "a last will, publication of a will," from testari "make a will, be witness to," from testis "witness," from PIE *tri-st-i- "third person standing by," from root *tris- "three" (see three) on the notion of "third person, disinterested witness." Use in reference to the two divisions of the Bible (early 14c.) is from Late Latin vetus testamentum and novum testamentum, loan-translations of Greek palaia diatheke and kaine diatheke. Late Latin testamentum in this case was a confusion of the two meanings of Greek diatheke, which meant both "covenant, dispensation" and "will, testament," and was used in the former sense in the account of the Last Supper (see testimony) but subsequently was interpreted as Christ's "last will." δῐᾰθήκη • (diathḗkē) f (genitive δῐᾰθήκης); first declension testament, will (legal document) covenant. From Middle English [Term?], from Old French [Term?], ________________________________ From Middle English [Term?], from Old French [Term?], from Latin testamentum (“the publication of a will, a will, testament, in Late Latin one of the divisions of the Bible”), from testor (“I am a witness, testify, attest, make a will”), from testis (“one who attests, a witness”). testament (plural testaments) (law) A solemn, authentic instrument in writing, by which a person declares his or her will as to disposal of his or her inheritance (estate and effects) after his or her death, benefiting specified heir(s). One of the two parts to the scriptures of the Christian religion: the New Testament, considered by Christians to be a continuation of the Hebrew scriptures, and the Hebrew scriptures themselves, which they refer to as the Old Testament. A tangible proof or tribute. (Can we add an example for this sense?) A credo, expression of conviction. The prime minister's speech was a glowing testament to the cabinet's undying commitment to the royal cause. ___________________________________ from Latin testamentum ("the publication of a will, a will, testament, in Late Latin one of the divisions of the Bible”), from testor (“I am a witness, testify, attest, make a will”), from testis (“one who attests, a witness”). From testārī (“to testify”) +‎ -mentum (noun suffix). Testamentum vetus et novum. The old and new testament.

Answer 55

I AM A WITNESS testor (present infinitive testārī, perfect active testātus sum); first conjugation, deponent I am witness, testify, attest. I make a will. Latin - testari (“to bear witness, make a will”). testārī - present active infinitive of testor. testator (plural testators) (law) One who dies having made a legally valid will. testor (“I am witness, testify, attest; I make a will”) +‎ -ātor ________________________________________ +‎ -ātor - tor m (genitive -tōris); third declension - er; used to form a masculine agent noun ___________________________________________ -er (added to a proper noun) Suffix denoting a resident or inhabitant of (the place denoted by the proper noun); used to form a demonym. New Yorker, Londoner, Dubliner, New Englander Suffix denoting residency in or around a place, district, area, or region. islander, highlander, eastender, prisoner. From Middle English -er, -ere, from Old English -ware (suffix denoting residency or meaning "inhabitant of"), from Proto-Germanic *warjaz (“defender, inhabitant”), from Proto-Indo-European *wer- (“to close, cover, protect, save, defend”). Cognate with Dutch -er, German -er, Swedish -are. ___________________________________________ -eer Used to create an agent noun denoting someone associated with, concerned with, or engaged in a specified activity. ____________________________________________ -ier Alternative form of -er (suffix forming or denoting a verb) Alternative form of -er (suffix forming or denoting an agent noun, often a profession) -ier suffix used to form infinitives of first conjugation verbs forgier to forge -ier m used to form the names of trees bearing a particular type of fruit banane (“banana”) + ‎-ier → ‎bananier (“banana tree”) poire (“pear”) + ‎-ier → ‎poirier (“pear tree”) used to form the names of ships chalut (“trawl net”) + ‎-ier → ‎chalutier (“trawler”) pétrole (“oil”) + ‎-ier → ‎pétrolier (“oil tanker”) used to form the names of jobs chocolat (“chocolate”) + ‎-ier → ‎chocolatier (“chocolatier”)

Answer 56

TO BEAR WITNESS - TO ATTEST - ASSENT From ad- +‎ testor (“bear witness; prove”). attestor (present infinitive attestārī, perfect active attestātus sum); first conjugation, deponent I bear witness to; attest, prove, confirm, corroborate. _________________________________________ Prefix ad- to to (indicating that to which there is movement, tendency or position, with or without arrival) portar (“carry, bear”) → adportar (“bring, carry (to a person or place)”) ube (“where”) → adube (“where to (with motion), whither”) _______________________________________ Corroborate From Latin corrōborātus (“strengthened”), perfect passive participle of corrōborō (“I support, corroborate”), from com- (“together”) + rōborō (“I strengthen”), from rōbur (“strength”). _____________________________________________

Answer 57

I BELIEVE from Latin crēdō (“I believe”); see creed. credo (plural credos) A belief system. credo n (plural credo's, diminutive credootje n) (religion, chiefly Christianity) confession of faith, creed Synonyms: belijdenis, geloofsbelijdenis (by extension) (strong) conviction. ___________________________________ CREED From Old English creda, crede, credo, from Latin crēdō (“I believe”), from Proto-Italic *krezdō, from Proto-Indo-European *ḱred dʰeh₁- (“to place one's heart, i.e., to trust, believe”), a compound phrase of the oblique case form of *ḱḗr (“heart”). Creed is cognate with Old Irish cretim (“to believe”), Sanskrit श्रद्दधाति (śráddadhāti, “to have faith or faithfulness, to have belief or confidence, believe”). Doublet of shraddha. creed (plural creeds) That which is believed; accepted doctrine, especially religious doctrine; a particular set of beliefs; any summary of principles or opinions professed or adhered to. (specifically, religion) A reading or statement of belief that summarizes the faith it represents; a confession of faith for public use, especially one which is brief and comprehensive. ___________________________________ Proto-Indo-European/ ḱḗr Heart. ``` The nominative singular form is underlyingly */ḱérd/, yielding the surface form ``` *ḱḗr which is itself evident in Ancient Greek κῆρ (kêr) and Hittite 𒆠𒅕 (ker). ``` Greek κῆρ κῆρ • (kêr) n (genitive κῆρος); third declension heart The seat of the will The seat of the passions. ``` κᾰρδῐ́ᾱ • (kardíā) f (genitive κᾰρδῐ́ᾱς); first declension heart (as the source of emotion, love, etc.) mind stomach any hollow vessel center or inner part: pith (of wood), depth (of the sea). __________________________________ Latin cor m heart From Proto-Italic *kord, from Proto-Indo-European *ḱḗr ~ *ḱr̥d-. Cognate with Ancient Greek καρδίᾱ (kardíā), Proto-Germanic *hertô, Sanskrit हृदय (hṛdaya), Hittite 𒆠𒅕 (kir), Proto-Slavic *sьrdьce (“heart”). cor n (genitive cordis); third declension (anatomy) heart (figuratively) soul, mind ______________________________________ SOUL soul (countable and uncountable, plural souls) (religion, folklore) The spirit or essence of a person usually thought to consist of one's thoughts and personality. Often believed to live on after the person's death. The spirit or essence of anything. Life, energy, vigor. A person, especially as one among many. An individual life. (spirit or essence of anything): crux, gist. _____________________________________ CRUX From Latin crux (“cross, wooden frame for execution”), from the Proto-Indo-European *(s)ker- (“to turn, to bend”). Compare cross. Proto-Indo-European/. *(s)ker- to turn, bend. κυρτός • (kyrtós) m (feminine κυρτή, neuter κυρτό) convex. ``` κείρω • (keírō) I shear, shave, cut hair short. I ravage, waste I destroy, consume, devour I cut short, lessen, reduce. ``` Cognate with Old English scieran (English shear) κορωνός From Proto-Indo-European *(s)ker- (“to turn, bend”). κορωνός • (korōnós) m (feminine κορωνή, neuter κορωνόν); first/second declension curved, crooked. The basic, central, or essential point or feature. The critical or transitional moment or issue, a turning point. (heraldry) A cross on a coat of arms. __________________________________ GIST gist (plural gists) The most essential part; the main idea or substance (of a longer or more complicated matter); the crux of a matter; the pith. WHATS THE POINT? (law, dated) The essential ground for action in a suit, without which there is no cause of action. Gist (most essential part): crux, quintessence; See also Thesaurus:gist (essential ground for action): gravamen (resting place): lair Gist - From Latin iūstus, jūstus. iūstus (feminine iūsta, neuter iūstum); first/second declension just, righteous lawful, legal. iūs n (genitive iūris); third declension law, right, duty. Court of law. From Proto-Italic *jowos, from Proto-Indo-European *h₂yew-, an extended form of the root *h₂ey- (the source of aevum and iuvenis). Cognate with Sanskrit योस् (yós). iūs +‎ -tus. -tus m (feminine -ta, neuter -tum); first/second declension Forms the past participle of verbs. Proto-Indo-European/ *h₂yew- Back-formation from the noun *h₂óyu ~ *h₂yéw-, from the root *h₂ey- (“vital force, life”). *h₂yew- justice, law. Proto-Indo-European/ *h₂óyu long time, lifetime. _______________________________ ``` κίρκος Of Pre-Greek origin. Compare κρέξ (kréx, “crane, crex”) and... type of hawk or falcon type of wolf circle, ring racecourse, circus type of stone ``` κρίκος (kríkos, “ring”) Latin circus n (plural circussen, diminutive circusje n) circus (company of performers; place where this company performs) Circus A round open space in a town or city where multiple streets meet. (historical) In the ancient Roman Empire, a building for chariot racing. From Latin circus (“ring, circle”), from Proto-Indo-European *sker, *ker (“to turn, to bend”). Circle __________________________ BELIEVE believe (v.) Old English belyfan "to have faith or confidence" (in a person), earlier geleafa (Mercian), gelefa (Northumbrian), gelyfan (West Saxon), from Proto-Germanic *ga-laubjan "to believe," perhaps literally "hold dear (or valuable, or satisfactory), to love" (source also of Old Saxon gilobian "believe," Dutch geloven, Old High German gilouben, German glauben), ultimately a compound based on PIE root *leubh- "to care, desire, love" (see belief). leubh- Proto-Indo-European root meaning "to care, desire, love." It forms all or part of: belief; believe; furlough; leave (n.) "permission, liberty granted to do something;" leman; libido; lief; livelong; love; lovely; quodlibet. It is the hypothetical source of/evidence for its existence is provided by: Sanskrit lubhyati "desires," lobhaya- "to make crazy;" Persian ahiftan "to be tangled, be hit down, be in love;" Latin lubet, later libet "pleases," libido, lubido "desire, longing; sensual passion, lust;" Old Church Slavonic l'ubu "dear, beloved," ljubiti, Russian ljubit' "to love;" Lithuanian liaupsė "song of praise;" Old English lufu "feeling of love; romantic sexual attraction," German Liebe "love," Gothic liufs "dear, beloved."

Answer 58

VITAL LIFE FORCE - LIFETIME - LAW Latin iūstus, jūstus. iūstus (feminine iūsta, neuter iūstum); first/second declension just, righteous lawful, legal. ``` iūs n (genitive iūris); third declension law, right, duty. Court of law. From Proto-Italic *jowos, from Proto-Indo-European *h₂yew-, an extended form of the root *h₂ey- (the source of aevum and iuvenis). ``` Cognate with Sanskrit योस् (yós). योस् • (yós) (indeclinable) welfare, health, happiness c. 1700 BCE – 1200 BCE, Ṛgveda iūs +‎ -tus. -tus m (feminine -ta, neuter -tum); first/second declension Forms the past participle of verbs. Proto-Indo-European/ *h₂yew- Back-formation from the noun *h₂óyu ~ *h₂yéw-, from the root *h₂ey- (“vital force, life”). *h₂yew- justice, law. Proto-Indo-European/ *h₂óyu long time, lifetime. _____________________________________ -tus m (feminine -ta, neuter -tum); first/second declension Forms the past participle of verbs. Forms adjectives having the sense provided with. iūs (“law, legality; equity, the right, justice”) → iūstus (“lawful, legal; equitable, rightful, just”) onus (“a burden or load, especially one excessive in magnitude”) → onustus (“heavily laden”, “burdened”, “overencumbered by a load”) -tus Forms the past participle of verbs. Perfect passive participle of agō (“make, do”). āctus - made, done, having been done. agō (“lead”) + ‎-tus → ‎āctus - done scrībō (“write”) + ‎-tus → ‎scrīptus - written coquō (“cook”) + ‎-tus → ‎coctus - cooked cadō (“fall”) + ‎-tus → ‎cāsus - having fallen mergō (“plunge”) + ‎-tus → ‎mersus - plunged ________________________________ ``` Proto-Italic/jowos *jowos n oath law From *jowos +‎ *-tos. Adjective Edit *jowestos just, lawful Proto-Italic/-tos Proto-Indo-European *-tós (suffix creating verbal adjectives). ``` ___________________________ Adjective Edit iūstus (feminine iūsta, neuter iūstum); first/second declension just, righteous lawful, legal justified, merited, well-deserved, due. (figuratively) exact, straight, direct. ____________________________________ ``` Proto-Celtic/ yowdos Decider, law, judge. From Proto-Indo-European *h₂yew-dʰ-, Youth from *h₂yew- (“justice, law”). Noun *yowdos m decider, judge, lord. ``` _____________________________________ iūrō (present infinitive iūrāre, perfect active iūrāvī, supine iūrātum); first conjugation I swear on oath; I vow. _____________________________________ Proto-Italic/ jowezāō *jowezāō swear (an oath) ______________________________________ iūstus (feminine iūsta, neuter iūstum); first/second declension just, righteous lawful, legal justified, merited, well-deserved, due _____________________________________ Adjective iuvenis (genitive iuvenis); third declension young iuvenis m, f (genitive iuvenis); third declension A youth; a young man or woman. iuventūs f (genitive iuventūtis); third declension youth ___________________________________ Proto-Italic/juwenis *juwenis[1] young ____________________________________ Proto-Indo-European/h₂yuh₁en- From *h₂óyu (“long time, lifetime”) +‎ *h₁en (“in”). Adjective *h₂yuh₁en- young __________________________________ JOVE ``` From Old Occitan (compare Occitan jove), from Latin iuvenem, juvenem, accusative of iuvenis (compare French jeune, Spanish joven), from Proto-Italic *juwenis, from Proto-Indo-European *h₂yuh₁en-. ``` ``` Pronunciation (Balearic) IPA(key): /ˈʒo.və/ (Central) IPA(key): /ˈʒo.bə/ (Valencian) IPA(key): /ˈd͡ʒo.ve/ Adjective Edit jove (masculine and feminine plural joves or jóvens) ``` young jove m, f (plural joves or jóvens) a young person, adolescent. Jove Roman god of the bright sky, also a poetical name of the planet Jupiter, late 14c., from Latin Iovis, from PIE root *dyeu- "to shine," in derivatives "sky, heaven, god" (compare Zeus). In classical Latin, the compound Iuppiter replaced Old Latin Iovis as the god's name (see Jupiter). Old English had it as Iob. *dyeu- Proto-Indo-European root meaning "to shine," in derivatives "sky, heaven, god." jovial (adj.) 1580s, "under the influence of the planet Jupiter," from Middle French jovial (16c.), from Italian joviale, literally "pertaining to Jupiter," and directly from Late Latin Iovialis "of Jupiter," from Latin Iovius (used as genitive of Iuppiter) "of or pertaining to Jupiter," Roman god of the sky (see Jove). The meaning "good-humored, merry," is from the astrological belief that those born under the sign of the planet Jupiter are of such dispositions. Related: Jovially. Julius masc. proper name, from Latin Iulius (Spanish Julio, Italian Giulio), name of a Roman gens, perhaps a contraction of *Iovilios "pertaining to or descended from Jove," from PIE *iou-li-, from root *dyeu- "to shine," in derivatives "sky, heaven, god." Zeus supreme god of the ancient Greeks and master of the others, 1706, from Greek, from PIE *dewos- "god" (source also of Latin deus "god," Old Persian daiva- "demon, evil god," Old Church Slavonic deivai, Sanskrit deva-), from root *dyeu- "to shine," in derivatives "sky, heaven, god." The god-sense is originally "shining," but "whether as originally sun-god or as lightener" is not now clear. ______________________________________

Answer 59

DILIGENT - CAREFUL - ANXIOUS busy (adj.) Old English bisig "careful, anxious," later "continually employed or occupied, in constant or energetic action" cognate with Old Dutch bezich, Low German besig, but having no known connection with any other Germanic or Indo-European language. Still pronounced as in Middle English, but for some unclear reason the spelling shifted to -u- in 15c. The notion of "anxiousness" has drained from the word since Middle English. Often in a bad sense in early Modern English, "prying, meddlesome, active in that which does not concern one" (preserved in busybody). The word was a euphemism for "sexually active" in 17c. Of telephone lines, 1884. Of display work, "excessively detailed, visually cluttered," 1903. busy (v.) late Old English bisgian, "attend to, be concerned with, be diligent," from the source of busy (adj.). From late 14c. as "keep engaged, make or keep busy." Related: Busied; busying. business (n.) Old English bisignes (Northumbrian) "care, anxiety, occupation," from bisig "careful, anxious, busy, occupied, diligent" (see busy (adj.)) + -ness. The original sense is obsolete, as is the Middle English sense of "state of being much occupied or engaged" (mid-14c.), the latter replaced by busyness. Johnson's dictionary also has busiless "At leisure; without business; unemployed." Modern two-syllable pronunciation is 17c. Sense of "a person's work, occupation, that which one does for a livelihood" is first recorded late 14c. (in late Old English bisig (adj.) appears as a noun with the sense "occupation, state of employment"). Sense of "that which is undertaken as a duty" is from late 14c. Meaning "what one is about at the moment" is from 1590s. Sense of "trade, commercial engagements, mercantile pursuits collectively" is first attested 1727, on the notion of "matters which occupy one's time and attention." In 17c. business also could mean "sexual intercourse." Business card first attested 1840; business letter from 1766. Business end "the practical or effective part" (of something) is American English, by 1874. Phrase business as usual attested from 1865. To mean business "be intent on serious action" is from 1856. To mind (one's) own business "attend to one's affairs and not meddle with those of others" is from 1620s.

Answer 60

Adverse possession, sometimes colloquially described as "squatter's rights",[a] is a legal principle that applies when a person who does not have legal title to a piece of property—usually land (real property)—attempts to claim legal ownership based upon a history of possession or occupation of the land without the permission of its legal owner.[1] In general, a property owner has the right to recover possession of their property from unauthorized possessors through legal action such as ejectment. However, in the English common law tradition, courts have long ruled that when someone occupies a piece of property without permission and the property's owner does not exercise their right to recover their property for a significant period of time, not only is the original owner prevented from exercising their right to exclude, but an entirely new title to the property springs up in the adverse possessor. In effect, the adverse possessor becomes the property's new owner.[2][b] Over time, legislatures have created statutes of limitations that specify the length of time that owners have to recover possession of their property from adverse possessors. In the United States, for example, these time limits vary widely between individual states, ranging from as low as five years to as many as 40 years.[3] Although the elements of an adverse possession action are different in every jurisdiction, a person claiming adverse possession is usually required to prove non-permissive use of the property that is actual, open and notorious, exclusive, adverse, and continuous for the statutory period.[4][c]

Answer 61

Ejectment is a common law term for civil action to recover the possession of or title to land. It replaced the old real actions and the various possessory assizes (denoting county-based pleas to local sittings of the courts) where boundary disputes often featured. Though still used in some places, the term is now obsolete in many common law jurisdictions, in which possession and title are sued by the actions of eviction (also called possession proceedings) and quiet title (or injunctive and/or declaratory relief), respectively. _______________________ Eviction Eviction is the removal of a tenant from rental property by the landlord. In some jurisdictions it may also involve the removal of persons from premises that were foreclosed by a mortgagee (often, the prior owners who defaulted on a mortgage). Depending on the laws of the jurisdiction, eviction may also be known as unlawful detainer, summary possession, summary dispossess, summary process, forcible detainer, ejectment, and repossession, among other terms. Nevertheless, the term eviction is the most commonly used in communications between the landlord and tenant.

Answer 62

A landlord is the owner of a house, apartment, condominium, land or real estate which is rented or leased to an individual or business, who is called a tenant (also a lessee or renter). When a juristic person is in this position, the term landlord is used. Other terms include lessor and owner.

Answer 63

Chancery is a general term for a medieval writing office, responsible for the production of official documents.[1] The title of chancellor, for the head of the office, came to be held by important ministers in a number of states, and remains the title of the heads of government in modern Germany and Austria. Chancery hand is a term for various types of handwriting associated with chanceries. The word chancery is from French, from Latin, and ultimately refers to the lattice-work partition that divided a section of a church or court, from which also derives chancel, cancel "cross out with lines", and, more distantly, incarcerate "put behind bars" – see chancery for details. In England, this office was one of the two main administrative offices, along with the Exchequer. It began as part of the royal household, but by the 13th-century was separate from the household and was located at Westminster. It produced all the charters and writs, which were all sealed with the Great Seal. From French chancellerie, from Late Latin cancellaria, from Latin cancellarius, from Latin cancellus (“lattice”) (English chancel), from Latin cancelli (“grating, bars”), from the lattice-work that separated a section of a church or court.[1][2] See related chancellor and chancellery, and the more distantly related incarcerate (“put behind bars”), from carcer (“prison”). The adverbial form is an allusion to the condition of a person involved in the chancery court.

Answer 64

In England, formerly, the highest court of judicature next to the Parliament, exercising jurisdiction at law, but chiefly in equity; but under the jurisdiction act of 1873 it became the chancery division of the High Court of Justice, and now exercises jurisdiction only in equity. In the United States, a court of equity; equity; proceeding in equity. The type of building that houses a diplomatic mission or embassy. The type of building that houses the offices and administration of a diocese; the offices of a diocese. Usage notes Edit A court of chancery, so far as it is a court of equity, in the English and American sense, may be generally, if not precisely, described as one having jurisdiction in cases of rights, recognized and protected by the municipal or county jurisprudence, where a plain, adequate, and complete remedy can not be had in the courts of common law. In some of the American States, jurisdiction at law and in equity centers in the same tribunal. The courts of the United States also have jurisdiction both at law and in equity, and in all such cases they exercise their jurisdiction, as courts of law, or as courts of equity, as the subject of adjudication may require. In others of the American States, the courts that administer equity are distinct tribunals, having their appropriate judicial officers, and it is to the latter that the appellation courts of chancery is usually applied; but, in American law, the terms equity and court of equity are more frequently employed than the corresponding terms chancery and court of chancery.

Answer 65

court of equity (plural courts of equity) (archaic) A court empowered to provide only equitable relief, but not to make rulings on questions of law, nor to award monetary damages.

Answer 66

The Charter Roll is the administrative record created by the medieval office of the chancery that recorded all the charters issued by that office. In medieval England, King John in 1199 established a fixed rate of fees for the sealing of charters and letters patent.[1] It was to keep track of these fees that the first Charter Roll was started (as a fee book)in 1199,[2] under the Chancellorship of Hubert Walter.[3] The Roll thereby also kept track of all charters that had been issued by the government – the letters patent being swiftly hived off into the patent rolls.[4] Instead of keeping the records in a register or book form, they were written on sheets of parchment stitched together into long rolls to form a roll for each year.[5]

Answer 67

The Patent Rolls (Latin: Rotuli litterarum patentium) are a series of administrative records compiled in the English, British and United Kingdom Chancery, running from 1201 to the present day. The patent rolls comprise a register of the letters patent issued by the Crown, and sealed "open" with the Great Seal pendent, expressing the sovereign's will on a wide range of matters of public interest, including – but not restricted to – grants of official positions, lands, commissions, privileges and pardons, issued both to individuals and to corporations.

Answer 68

The Close Rolls are an administrative record created in medieval England by the royal chancery, in order to preserve a central record of all letters close issued by the chancery in the name of the Crown. The first surviving Close Roll was started in 1204 (in the reign of King John), under the Chancellorship of Hubert Walter, though the actual practice may reach back to 1200, or even before.[1] Copies of the texts of the letters were written on sheets of parchment, which were stitched together into long rolls to form a roll for each year.[2] Copies of royal grants of land or money (further transcribed to the Exchequer) made up the earliest contents of the Close Rolls; but the latter soon came to contain much wider matter, exchequer-related material being hived off after 1226 in separate Liberate Rolls.[3] Indeed, in the early 13th century perhaps the bulk of executive action ran via instructions from Chancery to local sheriffs, and was recorded in the Rolls.[4] Over time, however, as new document series emerged, the scope of the Close Rolls narrowed; and after 1533 their contents consisted solely of copies of private deeds and awards of enclosure, and the like.[5]

Answer 69

Letters close (Latin: litterae clausae) are a type of obsolete legal document once used by the British monarchy, certain officers of government and by the Pope, which is a sealed letter granting a right, monopoly, title, or status to an individual or to some entity such as a corporation. These letters were personal in nature, and were delivered folded and sealed, so that only the recipient could read their contents.[1] This type of letter contrasts with the better-known letters patent. It was necessary to break the seal to open and read the letter, and so its arrival with the seal intact showed that it had not been intercepted or tampered with. However, once the seal was broken, it could no longer confirm the authenticity of the document. _____________________________ SEALS Seals are used primarily to authenticate documents, specifically those which carry some legal import. There are two main ways in which a seal may be attached to a document. It may be applied directly to the face of the paper or parchment (an applied seal); or it may hang loose from it (a pendent seal). A pendent seal may be attached to cords or ribbons (sometimes in the owner's livery colors), or to the two ends of a strip (or tag) of parchment, threaded through holes or slots cut in the lower edge of the document: the document is often folded double at this point (a plica) to provide extra strength. Alternatively, the seal may be attached to a narrow strip of the material of the document (again, in this case, usually parchment), sliced and folded down, as a tail or tongue, but not detached.

Answer 70

Letters patent (always in the plural) are a type of legal instrument in the form of a published written order issued by a monarch, president, or other head of state, generally granting an office, right, monopoly, title, or status to a person or corporation. Letters patent can be used for the creation of corporations or government offices, or for the granting of city status or a coat of arms. Letters patent are issued for the appointment of representatives of the Crown, such as governors and governors-general of Commonwealth realms, as well as appointing a Royal Commission. In the United Kingdom they are also issued for the creation of peers of the realm.

Answer 71

A patent is a form of intellectual property. A patent gives its owner the right to exclude others from making, using, selling, and importing an invention for a limited period of time, usually twenty years. The patent rights are granted in exchange for an enabling public disclosure of the invention. In most countries patent rights fall under civil law and the patent holder needs to sue someone infringing the patent in order to enforce their rights. In some industries patents are an essential form of competitive advantage; in others they are irrelevant.[1]:17

Answer 72

Intellectual property (IP) is a category of property that includes intangible creations of the human intellect.[1][2] Intellectual property encompasses two types of rights; industrial property rights (trademarks, patents, designations of origin, industrial designs and models) and copyright.[3][4][5][6][7] It was not until the 19th century that the term "intellectual property" began to be used, and not until the late 20th century that it became commonplace in the majority of the world.[8] The main purpose of intellectual property law is to encourage the creation of a large variety of intellectual goods. To achieve this, the law gives people and businesses property rights to the information and intellectual goods they create – usually for a limited period of time. This gives economic incentive for their creation, because it allows people to profit from the information and intellectual goods they create.[9] These economic incentives are expected to stimulate innovation and contribute to the technological progress of countries, which depends on the extent of protection granted to innovators.[10]

Answer 73

A license may be issued by authorities, to allow an activity that would otherwise be forbidden. A shorthand definition of license is "a promise by the licensor not to sue the licensee". A license (American English) or licence (British English)[1] is an official permission or permit to do, use, or own something (as well as the document of that permission or permit).[1] A license can be granted by a party to another party as an element of an agreement between those parties. A shorthand definition of a license is "an authorization to use licensed material". In particular, a license may be issued by authorities, to allow an activity that would otherwise be forbidden. It may require paying a fee or proving a capability. The requirement may also serve to keep the authorities informed on a type of activity, and to give them the opportunity to set conditions and limitations. A licensor may grant a license under intellectual property laws to authorize a use (such as copying software or using a (patented) invention) to a licensee, sparing the licensee from a claim of infringement brought by the licensor.[2] A license under intellectual property commonly has several components beyond the grant itself, including a term, territory, renewal provisions, and other limitations deemed vital to the licensor. Term: many licenses are valid for a particular length of time. This protects the licensor should the value of the license increase, or market conditions change. It also preserves enforceability by ensuring that no license extends beyond the term of the agreement. Territory: a license may stipulate what territory the rights pertain to. For example, a license with a territory limited to "North America" (Mexico/United States/Canada) would not permit a licensee any protection from actions for use in Japan. A shorthand definition of license is "a promise by the licensor not to sue the licensee". That means without a license any use or exploitation of intellectual property by a third party would amount to copying or infringement. Such copying would be improper and could, by using the legal system, be stopped if the intellectual property owner wanted to do so.[3]

Answer 74

In a patent or patent application, the claims define, in technical terms, the extent, i.e. the scope, of the protection conferred by a patent, or the protection sought in a patent application. In other words, the purpose of the claims is to define which subject-matter is protected by the patent (or sought to be protected by the patent application). This is termed as the "notice function" of a patent claim—to warn others of what they must not do if they are to avoid infringement liability.[1] The claims are of the utmost importance both during prosecution and litigation alike. For instance, a claim could read: "An apparatus for catching mice, said apparatus comprising a base, a spring member coupled to the base, and ..." "A chemical composition for cleaning windows, said composition substantially consisting of 10–15% ammonia, ..." "Method for computing future life expectancies, said method comprising gathering data including X, Y, Z, analyzing the data, comparing the analyzed data results..."

Answer 75

Patent prosecution describes the interaction between applicants and their representatives, and a patent office with regard to a patent, or an application for a patent. Broadly, patent prosecution can be split into pre-grant prosecution, which involves negotiation with a patent office for the grant of a patent, and post-grant prosecution, which involves issues such as post-grant amendment and opposition. Patent prosecution is distinct from patent litigation, which describes legal action relating to the infringement of patents. The rules and laws governing patent prosecution are often laid out in manuals released by the Patent Offices of various governments, such as the Manual of Patent Examining Procedure (MPEP) in the United States, or the Manual of Patent Office Practice (MOPOP) in Canada.

Answer 76

In political science, legitimacy is the right and acceptance of an authority, usually a governing law or a régime. Whereas "authority" denotes a specific position in an established government, the term "legitimacy" denotes a system of government—wherein "government" denotes "sphere of influence". An authority viewed as legitimate often has the right and justification to exercise power. Political legitimacy is considered a basic condition for governing, without which a government will suffer legislative deadlock(s) and collapse. In political systems where this is not the case, unpopular régimes survive because they are considered legitimate by a small, influential élite. In Chinese political philosophy, since the historical period of the Zhou Dynasty (1046–256 BC), the political legitimacy of a ruler and government was derived from the Mandate of Heaven, and unjust rulers who lost said mandate therefore lost the right to rule the people.

Answer 77

In political philosophy, the phrase consent of the governed refers to the idea that a government's legitimacy and moral right to use state power is only justified and lawful when consented to by the people or society over which that political power is exercised. This theory of consent is historically contrasted to the divine right of kings and had often been invoked against the legitimacy of colonialism. Article 21 of the United Nation's 1948 Universal Declaration of Human Rights states that "The will of the people shall be the basis of the authority of government".

Answer 78

Consent occurs when one person voluntarily agrees to the proposal or desires of another.[1] It is a term of common speech, but may have more specific definitions in such fields as the law, medicine, research, and sexual relationships. Types of consent include implied consent, expressed consent, informed consent and unanimous consent. Consent as understood in specific contexts may differ from its everyday meaning. For example, a person with a mental disorder, a low mental age, or under the legal age of sexual consent may willingly engage in a sexual act that still fails to meet the legal threshold for consent as defined by applicable law. UN agencies and initiatives in sex education programs believe that teaching the topic of consent as part of a comprehensive sexuality education is beneficial.[2] Implied consent is a form of consent which is not expressly granted by a person, but rather inferred from a person's actions and the facts and circumstances of a particular situation (or in some cases, by a person's silence or inaction). Some examples include implied consent to follow rules and/or regulations at an education institution and the implied consent to physical contact by participants in a hockey game. Expressed consent is clearly and unmistakably stated, rather than implied. It may be given in writing, by speech (orally), or non-verbally, e.g. by a clear gesture such as a nod. Non-written express consent not evidenced by witnesses or an audio or video recording may be disputed if a party denies that it was given. Informed consent in medicine is consent given by a person who has a clear appreciation and understanding of the facts, implications, and future consequences of an action. The term is also used in other contexts, such as in social scientific research, when participants are asked to affirm that they understand the research procedure and consent to it. Unanimous consent, or general consent, by a group of several parties (e.g., an association) is consent given by all parties. Substituted consent, or the substituted judgment doctrine, allows a decision maker to attempt to establish the decision an incompetent person would have made if he or she were competent. There are 3 pillars often included in the description of sexual consent, or "the way we let others know what we're up for, be it a good-night kiss or the moments leading up to sex." They are: 1. Knowing exactly what and how much I'm agreeing to 2. Expressing my intent to participate 3. Deciding freely and voluntarily to participate. ____________________________ John Milton wrote The power of kings and magistrates is nothing else, but what is only derivative, transferred and committed to them in trust from the people, to the common good of them all, in whom the power yet remains fundamentally, and cannot be taken from them, without a violation of their natural birthright.[1]:510[2] Similarly, Sabine notes the position of John Locke in Essay concerning Human Understanding: [Civic power] can have no right except as this is derived from the individual right of each man to protect himself and his property. The legislative and executive power used by government to protect property is nothing except the natural power of each man resigned into the hands of the community…and it is justified merely because it is a better way of protecting natural right than the self-help to which each man is naturally entitled.[1]:532 However, with David Hume a contrary voice is heard. Sabine interprets Hume's skepticism by noting The political world over, absolute governments which do not even do lip-service to the fiction of consent are more common than free governments, and their subjects rarely question their right except when tyranny becomes too oppressive.[1]:603 Sabine revived the concept from its status as a political myth after Hume, by referring to Thomas Hill Green. Green wrote that government required "will not force" for administration. As put by Sabine,[1]:731 Even the most powerful and the most despotic government cannot hold a society together by sheer force; to that extent there was a limited truth to the old belief that governments are produced by consent. Consent of the governed, within the social liberalism of T. H. Green, was also described by Paul Harris: The conditions for the existence of a political society have less to do with force and fear of coercion than with the members' mutual recognition of a good common to themselves and others, although it may not be consciously expressed as such. Thus for the conditions for any civil combination to disappear through resistance to a despotic government or disobedience to law would require such a disastrous upheaval as to be unlikely in all but the most extreme circumstances in which we might agree with Green that the price would be too high to pay, yet sufficiently rare to allow us to acknowledge that there would ordinarily be a moral duty to act to overthrow any state that did not pursue the common good.[3]

Answer 79

In the field of international relations, a sphere of influence (SOI) is a spatial region or concept division over which a state or organization has a level of cultural, economic, military, or political exclusivity, accommodating to the interests of powers outside the borders of the state that controls it.

Answer 80

The estates of the realm, or three estates, were the broad orders of social hierarchy used in Christendom (Christian Europe) from the medieval period to early modern Europe. (1st Estate) - Monarchy was for the king and the queen and this system was made up of clergy (the First Estate) (2nd Estate) - Nobles (the Second Estate) (3rd Estate) - Peasants and bourgeoisie (the Third Estate).

Answer 81

In the U.S., punctilio of honor, or the highest standard of honor, is a term used to describe the level of care and attention that a fiduciary must abide by in his/her conduct to an individual or firm s/he has fiduciary relationship. In the case of joint venture, joint venturers owe each other the highest duty of loyalty. Loyalty, honesty and good faith constitutes Punctilio of Honor. : a minute detail of conduct in a ceremony or in observance of a code 2 : careful observance of forms (as in social conduct) How Should You Use punctilio? We'll get straight to the point: there are a number of English words that come from Latin pungere, meaning "to prick" or "to sting." “Punctilio" is one of these words. It traces back to "pungere" by way of Italian puntiglio (meaning "small point," "point of honor," or "scruple") Spanish puntillo (the diminutive of punto, meaning "point"), and Latin punctum (also meaning "point"). The adjective punctilious, meaning "marked by or concerned about precise accordance with the details of codes or conventions, is a close relative of "punctilio." Do you have any guesses for other "pungere" derivatives? "Punctuate," "puncture," "compunction," "punctual," and "pungent" are some of the more common ones. —————————————- Definition of compunction 1a : anxiety arising from awareness of guilt compunctions of conscience b : distress of mind over an anticipated action or result … showed no compunction in planning devilish engines of … destruction. — Havelock Ellis 2 : a twinge of misgiving : SCRUPLE cheated without compunction. Choose the Right Synonym for compunction PENITENCE, REPENTANCE, CONTRITION, COMPUNCTION, REMORSE mean regret for sin or wrongdoing. PENITENCE implies sad and humble realization of and regret for one's misdeeds. absolution is dependent upon sincere penitence REPENTANCE adds the implication of a resolve to change. repentance accompanied by a complete change of character CONTRITION stresses the sorrowful regret that constitutes true penitence. tearful expressions of contrition COMPUNCTION implies a painful sting of conscience especially for contemplated wrongdoing. had no compunctions about taking back what is mine REMORSE suggests prolonged and insistent self-reproach and mental anguish for past wrongs and especially for those whose consequences cannot be remedied. thieves untroubled by feelings of remorse QUALM, SCRUPLE, COMPUNCTION, DEMUR mean a misgiving about what one is doing or going to do. QUALM implies an uneasy fear that one is not following one's conscience or better judgment. no qualms about plagiarizing SCRUPLE implies doubt of the rightness of an act on grounds of principle. no scruples against buying stolen goods COMPUNCTION implies a spontaneous feeling of responsibility or compassion for a potential victim. had compunctions about lying DEMUR implies hesitation caused by objection to an outside suggestion or influence. accepted her decision without demur

Answer 82

(g) “Statutory trust” means an unincorporated association which: (1) Is created by a governing instrument under which property is or will be held, managed, administered, controlled, invested, reinvested and/or operated, or business or professional activities for profit are carried on or will be carried on, by a trustee or trustees or as otherwise provided in the governing instrument for the benefit of such person or persons as are or may become beneficial owners or as otherwise provided in the governing instrument, including but not limited to a trust of the type known at common law as a “business trust,” or “Massachusetts trust,” or a trust qualifying as a real estate investment trust under § 856 et seq. of the United States Internal Revenue Code of 1986 [26 U.S.C. § 856 et seq.], as amended, or under any successor provision, or a trust qualifying as a real estate mortgage investment conduit under § 860D of the United States Internal Revenue Code of 1986 [26 U.S.C. § 860D], as amended, or under any successor provision; and (2) Files a certificate of trust pursuant to § 3810 of this title. Any such association heretofore or hereafter organized shall be a statutory trust and, unless otherwise provided in its certificate of trust and in its governing instrument, a separate legal entity. The term “statutory trust” shall be deemed to include each trust formed under this chapter prior to September 1, 2002, as a “business trust” (as such term was then defined in this subsection). A statutory trust may be organized to carry on any lawful business or activity, whether or not conducted for profit, and/or for any of the purposes referred to in paragraph (g)(1) of this section (including, without limitation, for the purpose of holding or otherwise taking title to property, whether in an active or custodial capacity). Unless otherwise provided in a governing instrument, a statutory trust has the power and authority to grant, hold or exercise a power of attorney, including an irrevocable power of attorney. Neither use of the designation “business trust” nor a statement in a certificate of trust or governing instrument executed prior to September 1, 2002, to the effect that the trust formed thereby is or will qualify as a Delaware business trust within the meaning of or pursuant to this chapter, shall create a presumption or an inference that the trust so formed is a “business trust” for purposes of Title 11 of the United States Code. (h) “Trustee” means the person or persons appointed as a trustee in accordance with the governing instrument of a statutory trust, and may include the beneficial owners or any of them.

Answer 83

§ 3802 Contributions by beneficial owners. (a) A contribution of a beneficial owner to the statutory trust may be in cash, property or services rendered, or a promissory note or other obligation to contribute cash or property or to perform services; provided however, that a person may become a beneficial owner of a statutory trust and may receive a beneficial interest in a statutory trust without making a contribution or being obligated to make a contribution to the statutory trust. (b) Except as provided in the governing instrument, a beneficial owner is obligated to the statutory trust to perform any promise to contribute cash, property or to perform services, even if the beneficial owner is unable to perform because of death, disability or any other reason. If a beneficial owner does not make the required contribution of property or services the beneficial owner is obligated at the option of the statutory trust to contribute cash equal to that portion of the agreed value (as stated in the records of the statutory trust) of the contribution that has not been made. The foregoing option shall be in addition to, and not in lieu of, any other rights, including the right to specific performance, that the statutory trust may have against such beneficial owner under the governing instrument or applicable law. (c) A governing instrument may provide that the interest of any beneficial owner who fails to make any contribution that the beneficial owner is obligated to make shall be subject to specific penalties for, or specified consequences of, such failure. Such penalty or consequence may take the form of reducing or eliminating the defaulting beneficial owner’s proportionate interest in the statutory trust, subordinating the beneficial interest to that of nondefaulting beneficial owners, a forced sale of the beneficial interest, forfeiture of the beneficial interest, the lending by other beneficial owners of the amount necessary to meet the beneficiary’s commitment, a fixing of the value of the defaulting beneficial owner’s beneficial interest by appraisal or by formula and redemption or sale of the beneficial interest at such value, or any other penalty or consequence.

Answer 84

§ 3805 Rights of beneficial owners and trustees in trust property. (a) Except to the extent otherwise provided in the governing instrument of the statutory trust, a beneficial owner shall have an undivided beneficial interest in the property of the statutory trust and shall share in the profits and losses of the statutory trust in the proportion (expressed as a percentage) of the entire undivided beneficial interest in the statutory trust owned by such beneficial owner. The governing instrument of a statutory trust may provide that the statutory trust or the trustees, acting for and on behalf of the statutory trust, shall be deemed to hold beneficial ownership of any income earned on securities of the statutory trust issued by any business entities formed, organized, or existing under the laws of any jurisdiction, including the laws of any foreign country. (b) No creditor of the beneficial owner shall have any right to obtain possession of, or otherwise exercise legal or equitable remedies with respect to, the property of the statutory trust. (c) A beneficial owner’s beneficial interest in the statutory trust is personal property notwithstanding the nature of the property of the trust. Except to the extent otherwise provided in the governing instrument of a statutory trust, a beneficial owner has no interest in specific statutory trust property. (d) A beneficial owner’s beneficial interest in the statutory trust is freely transferable except to the extent otherwise provided in the governing instrument of the statutory trust. (e) Except to the extent otherwise provided in the governing instrument of a statutory trust, at the time a beneficial owner becomes entitled to receive a distribution, the beneficial owner has the status of, and is entitled to all remedies available to, a creditor of the statutory trust with respect to the distribution. A governing instrument may provide for the establishment of record dates with respect to allocations and distributions by a statutory trust. (f) Except to the extent otherwise provided in the governing instrument of the statutory trust, legal title to the property of the statutory trust or any part thereof may be held in the name of any trustee of the statutory trust, in its capacity as such, with the same effect as if such property were held in the name of the statutory trust. (g) No creditor of the trustee shall have any right to obtain possession of, or otherwise exercise legal or equitable remedies with respect to, the property of the statutory trust with respect to any claim against, or obligation of, such trustee in its individual capacity and not related to the statutory trust. (h) Except to the extent otherwise provided in the governing instrument of the statutory trust, where the statutory trust is a registered investment company under the Investment Company Act of 1940, as amended (15 U.S.C. § 80a-1 et seq.), any class, group or series of beneficial interests established by the governing instrument with respect to such statutory trust shall be a class, group or series preferred as to distribution of assets or payment of dividends over all other classes, groups or series in respect to assets specifically allocated to the class, group or series as contemplated by § 18 (or any amendment or successor provision) of the Investment Company Act of 1940 [15 U.S.C. § 80a-18], as amended, and any regulations issued thereunder, provided that this section is not intended to affect in any respect the provisions of § 3804(a) of this title. (i) Unless otherwise provided in the governing instrument of a statutory trust or another agreement, a beneficial owner shall have no preemptive right to subscribe to any additional issue of beneficial interests or another interest in a statutory trust.

Answer 85

When a country is recognized as de jure, it is an acknowledgment by the other de jure nations that the country has sovereignty and the right to exist.

Answer 86

Jurisdiction (from the Latin ius, iuris meaning "law" and dicere meaning "to speak") is the practical authority granted to a legal body to administer justice within a defined field of responsibility. the geographical area to which such authority applies, e.g. the court has jurisdiction over all of Colorado. The legal term refers only to the granted authority, not to a geographical area. Jurisdiction draws its substance from international law, conflict of laws, constitutional law, and the powers of the executive and legislative branches of government to allocate resources to best serve the needs of society.

Answer 87

``` message) Anthropology OutlineHistory Types[show] Archaeological[show] Biological[show] SocialCultural [show] Linguistic[show] Research framework[show] Key concepts[show] Key theories[show] Lists[show] vte Sociology Social Network Diagram (segment).svg History Outline Portal:Society By country Main theories Conflict theory Structural functionalism Symbolic interactionism Critical theory Positivism Social change Social constructionism Methods Quantitative Qualitative Comparative Computational Ethnographic Conversation analysis Historical Interview Mathematical Network analysis Survey Major subfields Criminology Culture Demography Development Deviance Economic Education Environmental Family Feminist Gender Health Immigration Industrial Inequality Knowledge Law Literature Medical Military Organizational Political Race and ethnicity Religion Rural Science Social movements Social psychology in sociology Stratification Technology Terrorism Urban Browse Bibliography Index Journals Organizations People Timeline vte A society is a group of individuals involved in persistent social interaction, or a large social group sharing the same spatial or social territory, typically subject to the same political authority and dominant cultural expectations. Societies are characterized by patterns of relationships (social relations) between individuals who share a distinctive culture and institutions; a given society may be described as the sum total of such relationships among its constituent of members. ``` Law Societies construct patterns of behavior by deeming certain actions or speech as acceptable or unacceptable. These patterns of behavior within a given society are known as societal norms. The term "society" came from the Latin word societas, which in turn was derived from the noun socius ("comrade, friend, ally"; adjectival form socialis) used to describe a bond or interaction between parties that are friendly, or at least civil. Adam Smith taught instead that a society "may subsist among different men, as among different merchants, from a sense of its utility without any mutual love or affection, if only they refrain from doing injury to each other." Used in the sense of an association, a society is a body of individuals outlined by the bounds of functional interdependence, possibly comprising characteristics such as national or cultural identity, social solidarity, language, or hierarchical structure. societās f (genitive societātis); third declension A union for a common purpose; society, fellowship, partnership, association, community, union; affinity. (metonymically) Those united for a common purpose; a company or society of such persons. (by extension) A copartnership, membership, or association for trading purposes. (by extension) A share or stake in a partnership or association (by extension) A political league, alliance, confederacy. From socius (“associated, allied; partner, companion, ally”). socius (feminine socia, neuter socium); first/second-declension adjective sharing, joining in, partaking, associated kindred, related, akin, ally leagued, allied, united, confederate From Proto-Indo-European *sokʷ-yo- (“companion”), from Proto-Indo-European *sekʷ- (“to follow”)

Answer 88

Conflict of laws (sometimes called private international law) concerns relations across different legal jurisdictions between natural persons, companies, corporations and other legal entities, their legal obligations and the appropriate forum and procedure for resolving disputes between them. Choice of laws Courts faced with a choice of law issue have a two-stage process: the court will apply the law of the forum (lex fori) to all procedural matters (including the choice of law rules); it counts the factors that connect or link the legal issues to the laws of potentially relevant states and applies the laws that have the greatest connection, e.g. the law of nationality (lex patriae) or the law of habitual residence (lex domicilii). (See also 'European Harmonization Provisions': "The concept of habitual residence is the civil law equivalent of the common law test of lex domicilii".) The court will determine the plaintiffs' legal status and capacity. The court will determine the law of the state in which land is situated (lex situs) that will be applied to determine all questions of title. The law of the place where a transaction physically takes place or of the occurrence that gave rise to the litigation (lex loci actus) will often be the controlling law selected when the matter is substantive, but the proper law has become a more common choice.[4]

Answer 89

Ownership of property that is cognizable or enforceable in a court of law, or one that is complete and perfect in terms of the apparent right of ownership and possession, but that, unlike equitable title, carries no beneficial interest in the property.

Answer 90

Ownership is the state or fact of exclusive rights and control over property, which may be an object, land or real estate, or intellectual property. Ownership involves multiple rights, collectively referred to as title, which may be separated and held by different parties. The process and mechanics of ownership are fairly complex: one can gain, transfer, and lose ownership of property in a number of ways. To acquire property one can purchase it with money, trade it for other property, win it in a bet, receive it as a gift, inherit it, find it, receive it as damages, earn it by doing work or performing services, make it, or homestead it. One can transfer or lose ownership of property by selling it for money, exchanging it for other property, giving it as a gift, misplacing it, or having it stripped from one's ownership through legal means such as eviction, foreclosure, seizure, or taking. Ownership is self-propagating in that the owner of any property will also own the economic benefits of that property. —————————- Social ownership of equity[edit] The social ownership of capital and corporate stock has been proposed in the context of a market socialist system, where social ownership is achieved either by having a public body or employee-owned pension funds that own corporate stock. The American economist John Roemer developed a model of market socialism that features a form of public ownership where individuals receive a non-transferable coupon entitling them to a share of the profits generated by autonomous non-governmental publicly owned enterprises. In this model, "social ownership" refers to citizen ownership of equity in a market economy. James Yunker argues that public ownership of the means of production can be achieved in the same way private ownership is achieved in modern capitalism, using the shareholder system that effectively separates management from ownership. Yunker posits that social ownership can be achieved by having a public body, designated the Bureau of Public Ownership (BPO), own the shares of publicly listed firms without affecting market-based allocation of capital inputs. Yunker termed this model Pragmatic market socialism and argued that it would be at least as efficient as modern-day capitalism while providing superior social outcomes as public ownership would enable profits to be distributed among the entire population rather than going largely to a class of inheriting rentiers.[36] An alternative form of social ownership of equity is ownership of corporate stock through wage earner funds and pension funds. The underlying concept was first expounded upon in 1976 by the management theorist Peter Drucker, who argued that pension funds could reconcile employees' need for financial security with capital's need to be mobile and diversified, referring to this development as "pension fund socialism". Public ownership[edit] Public ownership can exist both within the framework of a market economy and within the framework of a non-market planned economy. In market socialist proposals, public ownership takes the form of state-owned enterprises that acquire capital goods in capital markets and operate to maximize profits, which are then distributed among the entire population in the form of a social dividend.[31] In non-market models of socialism, public ownership takes the form of a single entity or a network of public entities coordinated by economic planning. A contemporary approach to socialism involves linking together production and distribution units by modern computers to achieve rapid feedback in the allocation of capital inputs to achieve efficient economic planning. Cooperative ownership[edit] Cooperative ownership is the organization of economic units into enterprises owned by their workforce (workers cooperative) or by customers who use the products of the enterprise (this latter concept is called a consumer cooperative). Cooperatives are often organized around some form of self-management, either in the form of elected managers held accountable to the workforce, or in the form of direct management of work processes by the workers themselves. Cooperatives are often proposed by proponents of market socialism, most notably by the economists Branko Horvat, Jaroslav Vanek and Richard Wolff. Cooperative ownership comes in various forms, ranging from direct workers' ownership, employee stock ownership plans through pension funds, to the weakest version involving profit sharing. Profit-sharing and varying degrees of self-management or "Holacracy" is practiced in many of the high-technology companies of Silicon Valley.[

Answer 91

Ownership models State ownership: ownership of an industry, asset, or enterprise by the state or a public body representing a community as opposed to an individual or private party. Public ownership: ownership and operation of an enterprise by a central government;[2] also an ambiguous term that could refer to either social, partial state, or full state ownership.[3] Private ownership: ownership of property by non-governmental legal entities.[4] Fractional ownership: ownership held in percentage shares of an expensive asset, sold to individual owners, who are charged fees for the asset's management and variable use. Collective ownership: either joint ownership of an economic entity (e.g., a cooperative) or public ownership.[5] Cooperative ownership: ownership by the people who together operate and trade with an enterprise.[6] Common ownership is both a concept in political philosophy, and a specific legal form existing at least in UK law whereby employees own a business in which they work collectively "in common") rather than in individual shares. Property is also distinguished by whether it is movable (personal property)[7][8] or immovable (immovable property and real property). Concerning ownership of means of production and delineating which groups receive the direct profits, capitalism's private ownership is distinguished from socialism's social ownership.[9] Ownership of resources can be distinguished as either as individual or communal, analogous to private or public in delineating who has rights of use.

Answer 92

The living human body is, in most modern societies, considered something which cannot be the property of anyone but the person whose body it is. This is in contrast to chattel slavery. Chattel slavery is a type of slavery defined as the absolute legal ownership of a person or persons, including the legal right to buy and sell them. Persons who are enslaved do not have the freedom to direct their own actions, and their legal rights may be either severely limited or nonexistent. In most countries, chattel slaves were considered as movable property. Slavery is currently illegal in every country around the world. However, up until the 19th century slavery and ownership of people had existed in one form or another in nearly every society on earth.[citation needed] Notwithstanding the illegality according to codes of law, slavery still exists in various forms today. Slavery is any system in which principles of property law are applied to people, allowing individuals to own, buy and sell other individuals, as a de jure form of property.[1] A slave is unable to withdraw unilaterally from such an arrangement and works without remuneration. Many scholars now use the term chattel slavery to refer to this specific sense of legalized, de jure slavery. In a broader sense, however, the word slavery may also refer to any situation in which an individual is de facto forced to work against their own will. Scholars also use the more generic terms such as unfree labour or forced labour to refer to such situations. The most common form of modern slave trade is commonly referred to as human trafficking. In other areas, slavery continues through practices such as debt bondage, the most widespread form of slavery today.

Answer 93

Debt bondage, also known as debt slavery or bonded labour, is the pledge of a person's services as security for the repayment for a debt or other obligation, where the terms of the repayment are not clearly or reasonably stated, and the person who is holding the debt and thus has some control over the laborer. Freedom is assumed on debt repayment.[1] The services required to repay the debt may be undefined, and the services' duration may be undefined, thus allowing the person supposedly owed the debt to demand services indefinitely.[2] Debt bondage can be passed on from generation to generation. Slavery by descent, also called chattel slavery, is the form most often associated with the word "slavery". In chattel slavery, the enslaved person is considered the personal property (chattel) of someone else, and can usually be bought and sold. It stems historically either from conquest, where a conquered person is enslaved, as in the Roman Empire or Ottoman Empire, or from slave raiding, as in the Atlantic slave trade or Arab slave trade.

Answer 94

Bargaining power is the relative power of parties in a situation to exert influence over each other. If both parties are on an equal footing in a debate, then they will have equal bargaining power, such as in a perfectly competitive market, or between an evenly matched monopoly and monopsony. Inequality of bargaining power in law, economics and social sciences refers to a situation where one party to a bargain (bargaining power), contract or agreement, has more and better alternatives than the other party. This results in one party having greater power than the other to choose not to take the deal and makes it more likely that this party will gain more favourable terms and grant them more negotiating power (as they are in a better position to reject the deal). Inequality of bargaining power is generally thought to undermine the freedom of contract, resulting in a disproportionate level of freedom between parties, and that it represents a place at which markets fail. Where bargaining power is persistently unequal, the concept of inequality of bargaining power serves as a justification for the implication of mandatory terms into contracts by law, or the non-enforcement of a contract by the courts.

Answer 95

Poverty is not having enough material possessions or income for a person's needs. Poverty may include social, economic, and political elements. Absolute poverty is the complete lack of the means necessary to meet basic personal needs, such as food, clothing and shelter.[2] The threshold at which absolute poverty is defined is always about the same, independent of the person's permanent location or era. On the other hand, relative poverty occurs when a person cannot meet a minimum level of living standards, compared to others in the same time and place.

Answer 96

As Adam Smith noted, having money gives one the ability to "command" others' labor, so purchasing power to some extent is power over other people, to the extent that they are willing to trade their labor or goods for money or currency. Adam Smith used an hour's labour as the purchasing power unit, so value would be measured in hours of labour required to produce a given quantity (or to produce some other good worth an amount sufficient to purchase the same). What Is Bargaining Power? Bargaining power is a measure of the capacity of one party to influence another. It is an important topic in negotiation because parties with higher bargaining power are able to leverage their circumstances to strike more desirable deals with others. —————- Factors that affect bargaining power: Having alternatives — If a party does not need to be dealing with some other party, because they have alternatives, then they have more bargaining power. This is because they present a risk in being able to walk away from the deal without causing themselves too much trouble. If a party does not have any alternatives, then they have little bargaining power as the other negotiators can threaten to walk away from the deal, leaving them in an unfavorable situation. Little trouble in switching to an alternative — Similarly, a party has more bargaining power if there is little trouble in them switching to an alternative, and vice versa. Lack of necessity/importance — If one of the parties in a negotiation can walk away from the deal without suffering any consequences, either due to a lack of necessity or importance to cut the deal, then they have more bargaining power. Once again, this is because it indirectly threatens the other party with them losing business, so they have to offer a better ‘bargain’. Relevant knowledge — Being knowledgeable in relevant fields also provides parties with more bargaining power. This is because they are less susceptible to making unfavorable deals due to being uninformed or misinformed. —————- Purchasing power is the amount of goods and services that can be purchased with a unit of currency. For example, if one had taken one unit of currency to a store in the 1950s, it would have been possible to buy a greater number of items than would be the case today, indicating that the currency had a greater purchasing power in the 1950s. Currency can be either a commodity money, like gold or silver, or fiat money emitted by government sanctioned agencies. If one's monetary income stays the same, but the price level increases, the purchasing power of that income falls. Inflation does not always imply falling purchasing power of one's money income since the latter may rise faster than the price level. A higher real income means a higher purchasing power since real income refers to the income adjusted for inflation. Purchasing power parity (PPP)[1] is a term that measures prices in different areas using a specific good/goods to contrast the absolute purchasing power between currencies. In many cases, PPP produces an inflation rate that is equal to the price of the basket of goods at one location divided by the price of the basket of goods at a different location. The PPP inflation and exchange rate may differ from the market exchange rate because of poverty, tariffs and other frictions. PPP exchange rates are widely used when comparing the GDP of different countries.

Answer 97

``` Enclosure (sometimes inclosure) was the legal process in England of consolidating (enclosing) small landholdings into larger farms[1] since the 13th century. Once enclosed, use of the land became restricted and available only to the owner, and it ceased to be common land for communal use. In England and Wales the term is also used for the process that ended the ancient system of arable farming in open fields. Under enclosure, such land is fenced (enclosed) and deeded or entitled to one or more owners. The process of enclosure began to be a widespread feature of the English agricultural landscape during the 16th century. By the 19th century, unenclosed commons had become largely restricted to rough pasture in mountainous areas and to relatively small parts of the lowlands. Enclosure could be accomplished by buying the ground rights and all common rights to accomplish exclusive rights of use, which increased the value of the land. The other method was by passing laws causing or forcing enclosure, such as Parliamentary enclosure involving an Inclosure Act. The latter process of enclosure was sometimes accompanied by force, resistance, and bloodshed, and remains among the most controversial areas of agricultural and economic history in England. Marxist historians argue that rich landowners used their control of state processes to appropriate public land for their private benefit.[2] During the Georgian era, the process of enclosure created a landless working class that provided the labour required in the new industries developing in the north of England. For example: "In agriculture the years between 1760 and 1820 are the years of wholesale enclosure in which, in village after village, common rights are lost".[3] E. P. Thompson argues that "Enclosure (when all the sophistications are allowed for) was a plain enough case of class robbery."[4][5] W. A. Armstrong, among others, argued that this is perhaps an oversimplification, that the better-off members of the European peasantry encouraged and participated actively in enclosure, seeking to end the perpetual poverty of subsistence farming. "We should be careful not to ascribe to [enclosure] developments that were the consequence of a much broader and more complex process of historical change."[6] Armstrong notes that enclosure had varying impacts on levels of poor relief in western and eastern counties, and suggests the decrease in agricultural wages in this period (and subsequent emigration to urban areas) was more related to overall rural population growth instead.[7][8] Enclosure is considered one of the causes of the British Agricultural Revolution. Enclosed land was under control of the farmer who was free to adopt better farming practices. There was widespread agreement in contemporary accounts that profit making opportunities were better with enclosed land.[9] Following enclosure, crop yields increased while at the same time labour productivity increased enough to create a surplus of labour. The increased labour supply is considered one of the causes of the Industrial Revolution.[10][page needed] Karl Marx argued in Capital that enclosure played a constitutive role in the revolutionary transformation of feudalism into capitalism, both by transforming land from a means of subsistence into a means to realize profit on commodity markets (primarily wool in the English case), and by creating the conditions for the modern labour market by transforming small peasant proprietors and serfs into agricultural wage-labourers, whose opportunities to exit the market declined as the common lands were enclosed. ``` The Inclosure Acts[a] use an old or formal spelling of the word now more usually spelt "enclosure". They cover enclosure of open fields and common land in England and Wales, creating legal property rights to land that was previously held in common.

Answer 98

Ownership of the means of production and control over the surplus product generated by their operation is the fundamental factor in delineating different modes of production. Capitalism is defined as private ownership and control over the means of production, where the surplus product becomes a source of unearned income for its owners. By contrast, socialism is defined as social ownership of the means of production so that the surplus product accrues to society at large. Capitalism is an economic system based on the private ownership of the means of production and their operation for profit.[1][2][3][4] Characteristics central to capitalism include private property, capital accumulation, wage labor, voluntary exchange, a price system and competitive markets.[5][6] In a capitalist market economy, decision-making and investments are determined by every owner of wealth, property or production ability in financial and capital markets, whereas prices and the distribution of goods and services are mainly determined by competition in goods and services markets.

Answer 99

In economics and sociology, the means of production (also called capital goods)[1] are physical and non-financial inputs used in the production of economic value. These include raw materials, facilities, machinery and tools used in the production of goods and services.[2][3] In the terminology of classical economics, the means of production are the "factors of production" minus financial and human capital. The social means of production are capital goods and assets that require organized collective labor effort, as opposed to individual effort, to operate on.[4] The ownership and organization of the social means of production is a key factor in categorizing and defining different types of economic systems. The means of production includes “Three” categories of objects: People (Labor — Administration and Management) Things (Tools, Machines, Land, Resources) Laws (Persons, Rights, Titles and Obligations — Remedy = Judiciary) Instruments of labor (tools, factories, infrastructure, etc.) and subjects of labor (natural resources and raw materials). People operate on the subjects of labor using the instruments of labor to create a product; or stated another way, labor acting on the means of production creates a good.[5] In an agrarian society the principal means of production is the soil and the shovel. In an industrial society the means of production become social means of production and include factories and mines. In a knowledge economy, computers and networks are means of production. In a broad sense, the "means of production" also includes the "means of distribution" such as stores, the internet and railroads (Infrastructural capital).[6]

Answer 100

Socialism is a political, social and economic philosophy encompassing a range of economic and social systems characterised by social ownership[1][2][3] of the means of production[4][5][6][7] and workers' self-management of enterprises.[8][9] It includes the political theories and movements associated with such systems.[10] Social ownership can be public, collective, cooperative or of equity.[11] While no single definition encapsulates many types of socialism,[12] social ownership is the one common element.

Answer 101

``` Transfer Deed Convey Assign Delegate Grant Donate ```

Answer 102

In property law, a title is a bundle of rights in a piece of property in which a party may own either a legal interest or equitable interest. The rights in the bundle may be separated and held by different parties. It may also refer to a formal document, such as a deed, that serves as evidence of ownership. Conveyance of the document may be required in order to transfer ownership in the property to another person. Title is distinct from possession, a right that often accompanies ownership but is not necessarily sufficient to prove it. In many cases, possession and title may each be transferred independently of the other. For real property, land registration and recording provide public notice of ownership information.

Answer 103

A legal interest refers to the legally enforceable right to possess or use property. The term may refer to past, present, or future interests. Legal interest may also refer to: Equitable interest, which is a legal interest that may be enforced by equitable remedies Estate in land, a possessory interest in real property Government interest, the rationale of a government in enacting a law or regulation Right to property, the normative concept of entitlement to property Other forms of nonpossessory interest in land

Answer 104

An equitable interest is an "interest held by virtue of an equitable title (a title that indicates a beneficial interest in property and that gives the holder the right to acquire formal legal title) or claimed on equitable grounds, such as the interest held by a trust beneficiary."[1] The equitable interest is a right in equity that may be protected by an equitable remedy.

Answer 105

Modern equity includes, among other things: The law relating to express, resulting, and constructive trusts; 1. Fiduciary law; 2. Equitable estoppel (including promissory and proprietary estoppel); 3. Relief against penalties and relief against forfeiture;[4] 4. The doctrines of contribution, subrogation and marshalling; and 5. Equitable set-off. The latter part of the twentieth century saw increased debate over the utility of treating equity as a separate body of law. These debates were labelled the "fusion wars". A particular flashpoint in this debate centred on the concept of unjust enrichment and whether areas of law traditionally regarded as equitable could be rationalised as part of a single body of law known as the law of unjust enrichment.

Answer 106

Marshalling Marshalling is an equitable doctrine applied in the context of lending. It was described by Lord Hoffmann as: “ [A] principle for doing equity between two or more creditors, each of whom are owed debts by the same debtor, but one of whom can enforce his claim against more than one security or fund and the other can resort to only one. It gives the latter an equity to require that the first creditor satisfy himself (or be treated as having satisfied himself) so far as possible out of the security or fund to which the latter has no claim.[1] ” In the United States, Justice Stone described that: “ ... [it] rests upon the principle that a creditor having two funds to satisfy his debt may not, by his application of them to his demand, defeat another creditor, who may resort to only one of the funds. —————————————- It has been held that marshalling applies to all forms of secured indebtedness, including liens.[3][4] A claim for marshalling will not be allowed by the courts where it would be unjust or unfair to allow the junior creditor to marshal, and therefore:[5] It cannot interfere or prejudice the position of the senior creditor. It cannot prejudice third parties. It must be brought in a fair and timely fashion Marshalling is not available to a second mortgagee where the first mortgagee is contractually bound to look first to the other property to satisfy the debt due to him.[6] While quite similar to the doctrine of subrogation, the two are quite distinct equitable remedies:[7] Subrogation applies where there is only one debt. Subrogation entitles one party to stand in the shoes of another party having repaid indebtedness due to that party, while marshalling requires separate debts due from a debtor to separate secured creditors at the outset. The restitutionary principles applicable to subrogation have no application to marshalling. ———————————————— While marshalling is found only in common law jurisdictions, similar concepts exist in several of those governed by civil law. Scots law possesses the equivalent doctrine of "catholic securities", and Lord Reed, in a 2013 judgment of the United Kingdom Supreme Court described its effect as being similar to marshalling: “ 83. Securities are neutral in their effect upon the debtor. Their effect is to strengthen the position of the secured creditor at the expense of unsecured creditors, since the holder of a security holds a right, accessory in nature, which he can exercise to secure the payment of the debt that is distinct from, and additional to, the right of action and execution which any creditor can exercise to enforce the performance of the debtor's personal obligation. The doctrine of catholic securities can therefore operate to the prejudice of unsecured creditors, but it cannot affect the interests of the debtor.[9] ” A similar concept is found in art. 2754 of the Civil Code of Quebec, which states: “ 2754. Where later ranking creditors are secured by a hypothec on only one of the properties charged in favour of one and the same creditor, his hypothec is spread among them, where two or more of the properties are sold under judicial authority and the proceeds still to be distributed are sufficient to pay his claim, proportionately over what remains to be distributed of their respective prices. ” Recent jurisprudence has suggested that this provision produces a result equivalent to marshalling.

Answer 107

PLEDGE - SURETY ῠ̔ποθήκη • (hupothḗkē) f (genitive ῠ̔ποθήκης); first declension suggestion, counsel, warning (law) pledge, deposit, mortgage Synonym: ῥύσιον (rhúsion) From the verb ῠ̔ποτῐ́θημῐ (hupotíthēmi, “put down, pledge”). From ὑπο- (“under”) +‎ -θήκη (“case, holster”). ``` θήκη • (thḗkē) f (genitive θήκης); first declension Noun (“box, chest”) (“grave, tomb”) (“sword sheath”) ``` From τίθημι (títhēmi, “to place, put”). θήκη • (thíki) f (plural θήκες) case, sheath, holster (close fitting cover or container for something) Latin - thēca f (genitive thēcae); first declension a case, envelope, sheath Latin - theca (Christianity) A case for the corporal cloth used in the Eucharist. theca (plural thecas or thecae) (biology) Any external case or sheath. (botany) The pollen-producing organ usually found in pairs and forming an anther. (medicine) The twin layers of cells surrounding the basal lamina of an ovarian follicle. (microbiology, planktology) The membrane complex enveloping the cells of certain plankton including diatoms and dinoflagellates. (marine biology) The calcareous wall of a corallite, the exoskeleton of a coral polyp. SUFFIX -θήκη • (-thíki) f added to words in order to indicate: storage, care of, exhibition. -θήκη • (-thḗkē) f (genitive -θήκης); first declension Deverbal suffix from τίθημι (títhēmi), typically indicating a space in which things are put or stored. Derived from θήκη (thḗkē), from τίθημι (títhēmi, “I put, place, set”). —————————————- Synonym ῥῡ́σῐον • (rhū́sion) n (genitive ῥῡσῐ́ου); second declension surety, pledge Synonyms: ἐνέχυρον (enékhuron), ὑποθήκη (hupothḗkē) property held as a compensation booty, prey, that which is dragged away reprisal, retaliation (in the plural) restitution, deliverance. From Proto-Indo-European *rewH- (“to tear, dig, burrow, gather”), the same root of ἐρύω (erúō, “to draw, drag, pull”). ————————————————- τῐ́θημῐ • (títhēmi) I put, place, set quotations ▼ in phrases (with πόδα (póda)) I plant the foot, i.e. walk, run quotations ▼ (with ἐν χειρί, ἐν χερσίν (en kheirí, en khersín)) I put something into someone's hands quotations ▼ (with παῖδα (paîda), υἱὸν (huiòn), etc. ὑπὸ ζώνῃ (hupò zṓnēi)) I have a child put under my girdle, i.e. I conceive quotations ▼ (with ἐν ὄμμασι (en ómmasi)) I set before one's eyes quotations ▼ (with ψῆφον (psêphon)) I give my vote or opinion, I vote quotations ▼ (with ἐν στήθεσσι (en stḗthessi), ἐν φρεσί (en phresí), etc.) I put or plant in one's heart quotations ▼ (with τὰ ὅπλα (tà hópla)) I rest arms, halt quotations ▼ I bear arms, fight quotations ▼ I lay down my arms, surrender quotations ▼ (with εὖ (eû)) I keep arms in good order quotations ▼ (with τὰ γόνατα (tà gónata)) I kneel quotations ▼ I deposit quotations ▼ I pay quotations ▼ I put down in writing quotations ▼ I bury quotations ▼ I offer, set before quotations ▼ I assign, award quotations ▼ (often with νόμον (nómon)) I lay down, enact quotations ▼ (middle) I agree upon quotations ▼ (of a legal document) I execute I establish, institute quotations ▼ I order, ordain, cause to happen quotations ▼ (in board games) I place (pieces) quotations ▼ (copulative) I make, cause to be (with attributive substantive) quotations ▼ (middle) I cause to be my quotations ▼ (with infinitive) quotations ▼ I regard, consider as; I hold, reckon that quotations ▼ I assume quotations ▼ I affirm quotations ▼ I make quotations ▼ (in periphrasis) quotations ▼ ———————————————— ``` θέμᾰ • (théma) n (genitive θέμᾰτος); third declension (“pledge of money, deposit”) Also: That which is laid down, placed, proposed pile horoscope prize main topic, theme, proposition (grammar) primary word, root ``` ————————————————— θεμέλῐος • (themélios) m or f (neuter θεμέλῐον); second declension belonging to the foundation (as a masculine or neuter substantive, sc. λίθος (líthos)) foundation-stone, foundation, basis From Proto-Indo-European *dʰh₁-m-eló-, from *dʰeh₁- (“to put”). ————————————————— θέμῐς • (thémis) f (genitive θέμιστος or θέμῐδος or θέμῐτος or θέμῐος); third declension old, established law or custom divinely ordained justice From θέμις ("law, custom"), generally derived from the stem of τίθημι (títhēmi, “to place”), from Proto-Indo-European *dʰeh₁-, possibly combined with the stem of ἵστημι (hístēmi, “to stand”), from Proto-Indo-European *steh₂-, although Beekes considers it of Pre-Greek origin. Themis (Greek mythology) A Titan, the embodiment of divine order, law and custom. She was the daughter of Gaia and Uranus. (astronomy) 24 Themis, a main belt asteroid. ——————————————————- Proto-Indo-European Root *steh₂- (perfective) to stand (up) Proto-Indo-European Root *dʰeh₁- (perfective) to do, put, place ——————————————————- ``` θεσμός • (thesmós) m (genitive θεσμοῦ); second declension that which is laid down, law, ordinance (in general) rule, precept, rite institution, tribunal site, place ``` ——————————————————— ``` θεσμός • (thesmós) m (genitive θεσμοῦ); second declension that which is laid down, law, ordinance (in general) rule, precept, rite institution, tribunal site, place ``` ——————————————————— ᾰ̓νῐ́στημῐ • (anístēmi) active of the present, imperfect, future, and first aorist, and the perfect active ᾰ̓νέστᾰκᾰ (anéstaka) (transitive) to make to stand up, raise up (transitive) to raise from sleep, wake up (transitive) to raise from the dead (after Homer, of things, transitive) to set up, build (transitive) to build up again, restore (transitive) to put up for sale (transitive) to rouse to action, stir up (transitive) to make people rise, break up an assembly, to adjourn (transitive) to make people emigrate, transplant (transitive) to make suppliants rise and leave sanctuary (transitive) to make to ascend (of sportsmen, transitive) to put up game, to spring other tenses and voices (intransitive) to stand up, rise, to speak (intransitive) to rise from bed (intransitive) to rise from the dead (intransitive) to rise from an illness, recover (intransitive) to rise as a champion (intransitive) to rise up, rear itself (intransitive) to be set up (of a river) to rise (intransitive) to rise to go, set out, go away (intransitive) to be compelled to migrate, to be removed (of a law court, intransitive) to rise (of game, intransitive) to be put up ———————————————————- ᾰ̓νᾰ́στᾰσῐς • (anástasis) f (genitive ᾰ̓νᾰστᾰ́σεως or ᾰ̓νᾰστᾰ́σῐος); third declension standing up the act of making someone move, removal resurrection, anastasis From ᾰ̓νᾰ́στᾰσῐς (anástasis, “resurrection”) +‎ -ᾱ (-ā). Ᾰ̓νᾰστᾰσῐ́ᾱ • (Anastasíā) f (genitive Ᾰ̓νᾰστᾰσῐ́ᾱς); first declension A female given name, equivalent to English Anastasia from ἀνάστασις (anástasis, “resurrection”). ———————————————————— ἐξῐ́στημῐ • (exístēmi) (transitive) I displace; I change quotations ▼ (figuratively) I drive one out of their senses; I amaze, excite quotations ▼ I get rid of (intransitive) I am displaced, I make way; I stand aside from quotations ▼ (with accusative) I shrink from, shun quotations ▼ I go out of joint quotations ▼ (with genitive of object) I retire from, give up possession of quotations ▼ I abandon quotations ▼ I lose, give up quotations ▼ I lose my wits; I am distraught, astonished (absolutive) I change my position or opinion (language) I am removed from common usage I stand out, project —————————————————————- ἐπῐ́στᾰμαι • (epístamai) (transitive) To know, to have the knowledge of something from ἐπί (epí) +‎ ἵστημι (hístēmi) ἐφῐ́στημῐ • (ephístēmi) (transitive, active voice of present, imperfect, future, and 1st aorist tenses) I set or place upon quotations ▼ I set over quotations ▼ I set up, establish, institute quotations ▼ I set by or near to quotations ▼ I stop, halt quotations ▼ I fix my mind upon, attend to quotations ▼ (with accusative of person) I arrest the attention of quotations ▼ (intransitive, middle and passive voice, active voice of perfect, pluperfect, and 2nd aorist) I stand upon quotations ▼ I am imposed upon quotations ▼ I stand on the top or surface quotations ▼ I am set over quotations ▼ I stand by or near quotations ▼ (in a hostile sense) I stand against quotations ▼ (figuratively, of events) I impend, am at hand quotations ▼ I halt, stop quotations ▼ I fix my mind on, give my attention to ``` ἐπῐτῐ́θημῐ • (epitíthēmi) (active) to lay, put or place upon quotations ▼ to set upon, turn towards quotations ▼ to put on a covering or lid quotations ▼ to put to, add, grant, or give besides quotations ▼ (of time) to add, bring on quotations ▼ to put on as a finish quotations ▼ to impose or inflict a penalty quotations ▼ to dispatch a letter quotations ▼ to give a name quotations ▼ (middle) to put on oneself or for oneself quotations ▼ to put on or to quotations ▼ to set oneself to, apply oneself, employ oneself in quotations ▼ to make an attempt upon, attack quotations ▼ (absolute) quotations ▼ to bring on oneself quotations ▼ to lay commands on quotations ▼ to give a name ``` —————————————————- ``` σῠνίστημῐ • (sunístēmi) to combine, unite to put together, organize to join, engage with (in a fight, in battle) to form a league or union, band together to place in charge of ``` ————————————————— ἐπίθετος • (epíthetos) m or f (neuter ἐπίθετον); second declension additional, added-on (grammar) adjectival ἐπίθετον • (epítheton) n (genitive ἐπιθέτου); ? declension (grammar) adjective epithet Substantivized neuter singular of ἐπίθετος (epíthetos, “added on”), from ἐπιτίθημι (epitíthēmi). —————————————————- ``` Noun θεός • (theós) m or f (genitive θεοῦ); second declension (Epic, Attic, Ionic, Doric, Koine) a deity, a god, God title of a ruler sometimes feminine (ἡ θεός): a goddess ``` From Proto-Hellenic *tʰehós (whence also Mycenaean Greek 𐀳𐀃 (te-o)), a thematicization of Proto-Indo-European *dʰéh₁s, from *dʰeh₁- (“to do, to put, to place”) + *-s. Cognate with Phrygian δεως (deōs, “to the gods”), Old Armenian դիք (dikʿ, “pagan gods”) and Latin fēriae (“festival days”), fānum (“temple”) and fēstus (“festive”). —————————————————- θέτης • (thétēs) m (genitive θέτου); first declension one who places mortgagor adoptive father of a child From the root of τίθημι (títhēmi, “to set, place”) +‎ -της (-tēs, masculine agentive suffix). —————————————————- ``` θετῐκός • (thetikós) m (feminine θετῐκή, neuter θετῐκόν); first/second declension Adjective fit for placing, apposite concerning adoption belonging to a thesis, disputable positive, affirmative (grammar) positive (neuter substantive) the positive degree expressing obligation, of verbals ending in -τέον (-téon) arbitrary ``` ``` θετικός • (thetikós) m (feminine θετική, neuter θετικό) reliable positive, pragmatic assertive (grammar) positive ``` ψευδώς θετικό • (psevdós thetikó) n (plural ψευδώς θετικά) false positive ψευδώς αρνητικό • (psevdós arnitikó) n (plural ψευδώς αρνητικά) false negative Antonym: ψευδώς θετικό (psevdós thetikó) —————————————————- θετικότητα f (thetikótita, “definiteness, reliability”) ————————————————— GRAMMAR θετικός • (thetikós) m (plural θετικοί) (grammar) positive συγκριτικός (sygkritikós, “comparative”) υπερθετικός (yperthetikós, “superlative”) From θέσῐς +‎ -τῐκός (forms adjectives: relating to, suited to, skilled in, able to, -ive) from τίθημι (títhēmi, “I place”) —————————————————- Preposition ``` ἐπῐ́ • (epí) (governs the genitive, dative and accusative) (+ genitive) on, upon (on the upper surface of) quotations ▼ καθέζεται ἐπὶ θρόνου. kathézetai epì thrónou. He sits down on the throne. on (supported by) quotations ▼ (mostly post-Homeric) in quotations ▼ at, near quotations ▼ (of ships) at (dependent upon) ὁρμεῖν ἐπ’ ἀγκύρας hormeîn ep’ ankúras to ride at anchor (with reflexive or personal pronoun) by oneself ἐφ’ ἑαυτῶν ἐχώρουν eph’ heautôn ekhṓroun They proceeded by themselves. (with numerals, of a body of soldiers) deep quotations ▼ ἐτάχθησαν ἐπὶ τεττάρων etákhthēsan epì tettárōn They formed a line four men deep. (with a person) before (in the presence of) quotations ▼ in the case of; on quotations ▼ ἐπὶ τῶν πλουσίων […] αἰσθάνομαι epì tôn plousíōn […] aisthánomai In the case of the rich, I can see that […] in the time of quotations ▼ (of authority, power, etc.) in quotations ▼ οἰ έπὶ τῶν πραγμάτων oi épì tôn pragmátōn the [men] in power on (an occasion) quotations ▼ (+ dative) on, upon quotations ▼ καθέζεται ἐπὶ θρόνῳ. kathézetai epì thrónōi. He sits down on the throne. in quotations ▼ at, near quotations ▼ over quotations ▼ in honor of quotations ▼ against quotations ▼ in addition to, over, besides quotations ▼ (with duplication of head noun) after quotations ▼ ὄγχνη ἐπ’ ὄγχνῃ γηράσκει ónkhnē ep’ ónkhnēi gēráskei One pear after another ripens. in the power of quotations ▼ according to quotations ▼ (of conditions or circumstances) in, with quotations ▼ (of time, never in proper Attic) at, on quotations ▼ (of time) after quotations ▼ (expressing a cause) on account of, for quotations ▼ (expressing a purpose) for quotations ▼ (of a condition) on quotations ▼ for (i.e. in exchange for) quotations ▼ (of a name) for quotations ▼ in charge of quotations ▼ (+ accusative) onto (the upper surface of) quotations ▼ ἀνέβαινεν ἐπὶ τὸν ἵππον anébainen epì tòn híppon He got up onto the horse. to quotations ▼ up to, as far as quotations ▼ (with a person) to before, into the presence of quotations ▼ (of an army) deep quotations ▼ to or into a certain side quotations ▼ against quotations ▼ over quotations ▼ (of time) for, during quotations ▼ (of time) up to, until quotations ▼ for (the purpose of) quotations ▼ for (with respect to) quotations ▼ over (in command of) quotations ▼ (without a noun) as well, besides (often with δέ (dé)) ```

Answer 108

Equitable charge[edit] A fixed equitable charge confers a right on the secured party to look to (or appropriate) a particular asset in the event of the debtor's default, which is enforceable by either power of sale or appointment of a receiver. It is probably the most common form of security taken over assets. Technically, a charge (or a "mere" charge) cannot include the power to enforce without judicial intervention, as it does not include the transfer of a proprietary interest in the charged asset. If a charge includes this right (such as private sale by a receiver), it is really an equitable mortgage (sometimes called charge by way of mortgage). Since little turns on this distinction, the term "charge" is often used to include an equitable mortgage. An equitable charge is also a nonpossessory form of security, and the beneficiary of the charge (the chargee) does not need to retain possession of the charged property. Where security equivalent to a charge is given by a natural person (as opposed to a corporate entity) it is usually expressed to be a bill of sale, and is regulated under applicable bills of sale legislation. Difficulties with the Bills of Sale Acts in Ireland, England and Wales have made it virtually impossible for individuals to create floating charges.

Answer 109

Pledge[edit] See also: Pledge (law) A pledge (also sometimes called a pawn) is a form of possessory security, and accordingly, the assets which are being pledged need to be physically delivered to the beneficiary of the pledge (the pledgee). Pledges are in commercial contexts used in trading companies (especially, physically, commodity trading), and are still used by pawnbrokers, which, contrary to their old world image, remain a regulated credit industry. The pledgee has a common law power of sale in the event of a default on the secured obligations which arises if the secured obligations are not satisfied by the agreed time (or, in default of agreement, within a reasonable period of time). If the power of sale is exercised, then the holder of the pledge must account to the pledgor for any surplus after payment of the secured obligations. A pledge does not confer a right to appoint a receiver or foreclose. If the holder of pledge sells or disposes of the pledged assets when not entitled to do so, they may be liable in conversion to the pledgor. The major flaw with the pledge is that it requires physical possession by the pledgee, which traps a business pledgor in a paradox. Unless the pledgee literally occupies the same premises as the pledger, the collateral once transferred is unavailable for the pledgor to operate its business and generate income to repay the pledgee. Lawyers in many jurisdictions tried to get around this problem with creative devices like conditional sales and trust receipts (see below) with varying results.

Answer 110

Legal lien[edit] Main article: Lien A legal lien, in many common law systems, includes a right to retain physical possession of tangible assets as security for the underlying obligations. In some jurisdictions it is a form of possessory security, and possession of the assets must be transferred to (and maintained by) the secured party. In the case of a possessory lien, the right is purely passive. In the case of a possessory lien, the secured party (the lienor)[27] has no right to sell the assets - merely a right to refuse to return them until paid. In the United States, a lien can be a nonpossessory security interest. Many legal liens arise as a matter of law (by common law or by statute). It is possible, however, to create a legal lien by contract. The courts have confirmed that it is also possible to give the secured party a power of sale in such a contract, but case law on such a power is limited and it is difficult to know what limitations and duties would be imposed on the exercise of such a power.

Answer 111

Equitable lien Equitable liens are slightly amorphous forms of security interest that arise only by operation of law in certain circumstances. Academically it has been noted that there seems to be no real unifying principle behind the circumstances that give rise to them.[28] An equitable lien takes effect essentially as an equitable charge, and arises only in specified situations, (e.g. an unpaid vendor's lien in relation to property is an equitable lien; a maritime lien is sometimes thought to be an equitable lien). It is sometimes argued that where the constitutional documents of a company provide that the company has a lien over its own shares, this provision takes effect as an equitable lien,[29] and if that analysis is correct, then it is probably the one exception to the rule that equitable liens arise by operation of law rather than by agreement.

Answer 112

Perfection[edit] Main article: Perfection (law) Perfection of security interests means different things to lawyers in different jurisdictions. in English law, perfection has no defined statutory or judicial meaning, but academics have pressed the view that it refers to the attachment of the security interest to the underlying asset. Others have argued cogently that attachment is a separate legal concept, and that perfection refers to any steps required to ensure that the security interest is enforceable against third parties.[31] in American law, perfection is generally taken to refer to any steps required to ensure that the security interest remains enforceable against other creditors or other parties,[32] including a bankruptcy trustee in the case of the debtor's bankruptcy. The second definition is becoming more frequently used commercially, and arguably is to be preferred,[citation needed] as the traditional English legal usage has little purpose except in relation to the comparatively rare true legal mortgage (very few other security interests require additional steps to attach to the asset. Security interests frequently require some form of registration to be enforceable in connection with the chargor's insolvency).

Answer 113

In corporate finance, a debenture is a medium- to long-term debt instrument used by large companies to borrow money, at a fixed rate of interest. The legal term "debenture" originally referred to a document that either creates a debt or acknowledges it, but in some countries the term is now used interchangeably with bond, loan stock or note. A debenture is thus like a certificate of loan or a loan bond evidencing the fact that the company is liable to pay a specified amount with interest. Although the money raised by the debentures becomes a part of the company's capital structure, it does not become share capital.[1] Senior debentures get paid before subordinate debentures, and there are varying rates of risk and payoff for these categories. Debentures are freely transferable by the debenture holder. Debenture holders have no rights to vote in the company's general meetings of shareholders, but they may have separate meetings or votes e.g. on changes to the rights attached to the debentures. The interest paid to them is a charge against profit in the company's financial statements. Attributes A movable property Issued by the company in the form of a certificate of indebtedness Generally specifying the dates of redemption, repayment of principal and payment of interest May or may not create a charge on the assets of the company Corporations in the US often issue bonds of around $1,000, while government bonds are more likely to be $5,000. Debentures gave rise to the idea of the rich "clipping their coupons", which means that a bondholder will present their "coupon" to the bank and receive a payment each quarter (or in whatever period is specified in the agreement). There are also other features that minimize risk, such as a "sinking fund", which means that the debtor must pay some of the value of the bond after a specified period of time. This decreases risk for the creditors, as a hedge against inflation, bankruptcy, or other risk factors. A sinking fund makes the bond less risky, and therefore gives it a smaller "coupon" (or interest payment). There are also options for "convertibility", which means a creditor may turn their bonds into equity in the company if it does well. Companies also reserve the right to call their bonds, which mean they can call it sooner than the maturity date. Often there is a clause in the contract that allows this; for example, if a bond issuer wishes to rebuy a 30-year bond at the 25th year, they must pay a premium. If a bond is called, it means that less interest is paid out. Failure to pay a bond effectively means bankruptcy. Bondholders who have not received their interest can throw an offending company into bankruptcy, or seize its assets if that is stipulated in the contract.

Answer 114

A security interest is a legal right granted by a debtor to a creditor over the debtor's property (usually referred to as the collateral[1]) which enables the creditor to have recourse to the property if the debtor defaults in making payment or otherwise performing the secured obligations.[2] One of the most common examples of a security interest is a mortgage: a person borrows money from the bank to buy a house, and they grant a mortgage over the house so that if they default in repaying the loan, the bank can sell the house and apply the proceeds to the outstanding loan.[3] Although most security interests are created by agreement between the parties, it is also possible for a security interest to arise by operation of law.[4] For example, in many jurisdictions a mechanic who repairs a car benefits from a lien over the car for the cost of repairs. This lien arises by operation of law in the absence of any agreement between the parties. Most security interests are granted by the person who owns the property to secure their own indebtedness. But it is also possible for a person to grant security over their property as collateral for the debts of another person (often called third party security).[5] So a parent might grant a security interest over their home to support a business loan being made to their child. Similarly, most security interests operate to secure debts or other direct financial obligations. But sometimes a security is granted to secure a non-financial obligation. For example in construction a performance bond may secure the satisfactory performance of non-financial obligations.

Answer 115

A secured creditor takes a security interest to enforce its rights against collateral in case the debtor defaults on the obligation. If the debtor goes bankrupt, a secured creditor takes precedence over unsecured creditors in the distribution.

Answer 116

"True" legal mortgage See also: Hypothec and Mortgage law A legal mortgage arises when the assets are conveyed to the secured party as security for the obligations, but subject to a right to have the assets reconveyed when the obligations are performed.[13] This right is referred to as the "equity of redemption". The law has historically taken a dim view of provisions which might impede this right to have the assets reconveyed (referred to as being a "clog" on the equity of redemption); although the position has become more relaxed in recent years in relation to sophisticated financial transactions. References to "true" legal mortgages mean mortgages by the traditional common law method of transfer subject to a proviso in this manner, and references are usually made in contradistinction to either equitable mortgages or statutory mortgages. True legal mortgages are relatively rare in modern commerce, outside of occasionally with respect to shares in companies. In England, true legal mortgages of land have been abolished in favour of statutory mortgages.[14] To complete a legal mortgage it is normally necessary that title to the assets is conveyed into the name of the secured party such that the secured party (or its nominee) becomes the legal titleholder to the asset. If a legal mortgage is not completed in this manner it will normally take effect as an equitable mortgage. Because of the requirement to transfer title, it is not possible to take a legal mortgage over future property, or to take more than one legal mortgage over the same assets. However, mortgages (legal and equitable) are nonpossessory security interests. Normally the party granting the mortgage (the mortgagor) will remain in possession of the mortgaged asset.[e] The holder of a legal mortgage has three primary remedies in the event that there is a default on the secured obligations: they can foreclose on the assets, they can sell the assets, or they can appoint a receiver over the assets. The holder of a mortgage can also usually sue upon the covenant to pay which appears in most mortgage instruments. There are a range of other remedies available to the holder of a mortgage,[15] but they relate predominantly to land, and accordingly have been superseded by statute, and they are rarely exercised in practice in relation to other assets. The beneficiary of a mortgage (the mortgagee) is entitled to pursue all of its remedies concurrently[16] or consecutively.[f] Foreclosure is rarely exercised as a remedy. To execute foreclosure, the secured party needs to petition the court,[g] and the order is made in two stages (nisi and absolute), making the process slow and cumbersome. Courts are historically reluctant to grant orders for foreclosure, and will often instead order a judicial sale. If the asset is worth more than the secured obligations, the secured party will normally have to account for the surplus. Even if a court makes a decree absolute and orders foreclosure, the court retains an absolute discretion to reopen the foreclosure after the making of the order,[17] although this would not affect the title of any third party purchaser.[18] The holder of a legal mortgage also has a power of sale over the assets. Every mortgage contains an implied power of sale.[19][20] This implied power exists even if the mortgage is not under seal.[19] All mortgages which are made by way of deed also ordinarily contain a power of sale implied by statute, but the exercise of the statutory power is limited by the terms of the statute. Neither implied power of sale requires a court order, although the court can usually also order a judicial sale. The secured party has a duty to get the best price reasonably obtainable, however, this does not require the sale to be conducted in any particular fashion (i.e. by auction or sealed bids). What the best price reasonably obtainable will be will depend upon the market available for the assets and related considerations. The sale must be a true sale - a mortgagee cannot sell to himself, either alone or with others, even for fair value;[21] such a sale may be restrained or set aside or ignored.[22] However, if the court orders a sale pursuant to statute, the mortgagee may be expressly permitted to buy.[23] The third remedy is to appoint a receiver. Technically the right to appoint a receiver can arise two different ways - under the terms of the mortgage instrument, and (where the mortgage instrument is executed as a deed) by statute. If the mortgagee takes possession then under the common law they owe strict duties to the mortgagor to safeguard the value of the property (although the terms of the mortgage instrument will usually limit this obligation). However, the common law rules relate principally to physical property, and there is a shortage of authority as to how they might apply to taking "possession" of rights, such as shares. Nonetheless, a mortgagee is well advised to remain respectful of their duty to preserve the value of the mortgaged property both for their own interests and under their potential liability to the mortgagor.

Answer 117

In lending agreements, collateral is a borrower's pledge of specific property to a lender, to secure repayment of a loan. The collateral serves as a lender's protection against a borrower's default and so can be used to offset the loan if the borrower fails to pay the principal and interest satisfactorily under the terms of the lending agreement. Collateral, especially within banking, traditionally refers to secured lending (also known as asset-based lending). More-complex collateralization arrangements may be used to secure trade transactions (also known as capital market collateralization). The former often presents unilateral obligations secured in the form of property, surety, guarantee or other collateral (originally denoted by the term security), whereas the latter often presents bilateral obligations secured by more-liquid assets such as cash or securities, often known as margin. The protection that collateral provides generally allows lenders to offer a lower interest rate on loans that have collateral. The reduction in interest rate can be up to several percentage points, depending on the type and value of the collateral. For example, the interest rate (APR) on an unsecured loan is often much higher than on a secured loan or logbook loan, as the risk for the lender is then increased. If a borrower defaults on a loan (due to insolvency or another event), that borrower loses the property pledged as collateral, with the lender then becoming the owner of the property. In a typical mortgage loan transaction, for instance, the real estate being acquired with the help of the loan serves as collateral. If the buyer fails to repay the loan according to the mortgage agreement, the lender can use the legal process of foreclosure to obtain ownership of the real estate. A pawnbroker is a common example of a business that may accept a wide range of items as collateral. The type of the collateral may be restricted based on the type of the loan (as is the case with auto loans and mortgages); it also can be flexible, such as in the case of collateral-based personal loans.

Answer 118

In finance, margin is collateral that the holder of a financial instrument has to deposit with a counterparty (most often their broker or an exchange) to cover some or all of the credit risk the holder poses for the counterparty. This risk can arise if the holder has done any of the following: Borrowed cash from the counterparty to buy financial instruments, Borrowed financial instruments to sell them short, Entered into a derivative contract. The collateral for a margin account can be the cash deposited in the account or securities provided, and represents the funds available to the account holder for further share trading. On United States futures exchanges, margins were formerly called performance bonds. Most of the exchanges today use SPAN ("Standard Portfolio Analysis of Risk") methodology, which was developed by the Chicago Mercantile Exchange in 1988, for calculating margins for options and futures. Margin buying refers to the buying of securities with cash borrowed from a broker, using the bought securities as collateral. This has the effect of magnifying any profit or loss made on the securities. The securities serve as collateral for the loan. The net value—the difference between the value of the securities and the loan—is initially equal to the amount of one's own cash used. This difference has to stay above a minimum margin requirement, the purpose of which is to protect the broker against a fall in the value of the securities to the point that the investor can no longer cover the loan. Short selling[edit] Examples Jane sells a share of stock she does not own for $100 and puts $20 of her own money as collateral, resulting $120 cash in the account. The net value (the cash amount minus the share price) is $20. The broker wants a minimum margin requirement of $10. Suppose the share price rises to $115. The net value is now only $5 (the previous net value of $20 minus the share's $15 rise in price), so, to maintain the broker's minimum margin, Jane needs to increase this net value to $10 or more, either by buying the share back or depositing additional cash. Short Selling on Margin (leveraged trade) Short selling refers to the selling of securities that the trader does not own, borrowing them from a broker, and using the cash as collateral. This has the effect of reversing any profit or loss made on the securities. The initial cash deposited by the trader, together with the amount obtained from the sale, serve as collateral for the loan. The net value—the difference between the cash amount and the value of loan security—is initially equal to the amount of one's own cash used. This difference has to stay above a minimum margin requirement, the purpose of which is to protect the broker against a rise in the value of the borrowed securities to the point that the investor can no longer cover the loan.

Answer 119

MANAGE -ADMINISTER - HANDLE - MANIPULATE

Answer 120

TO PILOT - TO OPERATE - TO MANAGE - TO MANIPULATE

Answer 121

ADMINISTER - MANAGE ANOTHER’S AFFAIRS

Answer 122

HANDLER χειριστής • (cheiristís) m (plural χειριστές, feminine χειρίστρια) Noun driver, pilot, operator. From Byzantine Greek χειριστής (kheiristḗs), equivalent to χειρίζομαι (“to handle, to operate”) +‎ -ιστής (“-ist, -er”). 1. a person who handles or deals with certain articles or commodities. "a baggage handler" 2. a person who trains or has charge of an animal. "the performance of dog and handler in the ring must be accurate and correct" 3. Handler, a sport coach, agent or promoter 4. Agent handling, person who manages a spy or agent of organizations in conflict such as nations and even groups and gangs involved in crusades, jihad, mass organized conversion rackets, etc. 5. Mail handler, a postal worker 6. Aircraft Handler, a branch of the Fleet Air Arm/Royal Navy 7. Garter handler, an old term for a pimp 8. Political Handler, an advisor and supporter of a politician. ————————————————— SUFFIX -ist m used to form nouns, usually relating to people. -ιστής • (-istís) m (feminine -ίστρια) added to a noun or adjective to create words for a male person who is a follower or supporter of that notion; -ist: ‎κομμουνισμός (kommounismós, “Communism”) + ‎-ιστής (-istís) → ‎κομμουνιστής (kommounistís, “Communist”) ‎εθνικός (ethnikós, “ethnic, national”) + ‎-ιστής (-istís) → ‎εθνικιστής (ethnikistís, “nationalist”) ‎Ισλάμ (Islám, “Islam”) + ‎-ιστής (-istís) → ‎ισλαμιστής (islamistís, “Islamist”) added to a noun, adjective or verb to create words for a male person who behaves in a certain way; -ist, -er: ‎εγώ (egó, “I”) + ‎-ιστής (-istís) → ‎εγωιστής (egoistís, “egoist, selfish”) ‎υπερασπίζω (yperaspízo, “to defender”) + ‎-ιστής (-istís) → ‎υπερασπιστής (yperaspistís, “defender”) ‎έτσι θέλω (étsi thélo, “that's the way I want”) + ‎-ιστής (-istís) → ‎ετσιθελιστής (etsithelistís, “arbitrary person”) added to a noun or verb to create words for a male person who is a habitual doer of said action; -ist, -er: ‎ποδόσφαιρο (podósfairo, “football”) + ‎-ιστής (-istís) → ‎ποδοσφαιριστής (podosfairistís, “footballer”) ‎σκάκι (skáki, “chess”) + ‎-ιστής (-istís) → ‎σκακιστής (skakistís, “chess player”) -ist Added to words to form nouns denoting: a person who studies or practices a particular discipline; botanist, one who studies plants psychiatrist, one who practices psychiatry a person who uses a device of some kind; violinist, one who plays a violin bicyclist, one who rides a bicycle autoist, one who drives an automobile pianist, one who plays the piano vapist, one who uses a vaping device one who engages in a particular type of activity; adventurist, one who takes risks or goes on adventures artist, one who makes art bigamist, one who commits bigamy terrorist, one who causes terror tourist, one who tours Note, many of these are related to -isms: adventurism, terrorism, tourism one who suffers from a specific condition or syndrome autist, egoist Note, these are related to -isms: autism, egoism one who subscribes to a particular theological doctrine or religious denomination; Calvinist, Baptist, deist Note, these are related to -isms: Calvinism, deism one who has a certain ideology or set of beliefs; Marxist, modernist, nihilist, existentialist, fascist, pacifist, activist, environmentalist, Note, these are related to -isms: Marxism, modernism, nihilism, existentialism, fascism, pacifism one who owns or manages something; capitalist; industrialist Note, these are related to -isms: capitalism; industrialism a person who holds bigoted, partial views. sexist, racist: Note, these are related to -isms: sexism, racism. From Old French -iste and Latin -ista, from Ancient Greek -ιστής (-istḗs), from -ίζω (-ízō, “-ize, -ise”, verbal suffix) +‎ -τής (-tḗs, agent-noun suffix). -ista m or f (plural -istas) -ista; one who follows a principle. Example: optimista (“optimist”) Indicates one that practices a profession of the noun stem; Example: periódico (“newspaper”) periodista (“journalist”) One who holds certain values: mujerista (“feminist”) ————————————————— -ισμός • (-ismós) m A suffix that forms abstract nouns of action, state, condition, doctrine. -ισμός • (-ismós) m (genitive -ισμοῦ); second declension Forms abstract nouns. Rebracketing of the suffix -μός (-mós) appended to verbs in -ίζω (-ízō) / -ίζομαι (-ízomai), such as in λογισμός (logismós) (λογίζομαι (logízomai) + -μός (-mós)). ————————————- κῠβερνῐσμός • (kubernismós) m (genitive κῠβερνῐσμοῦ); second declension Abstract noun steering, pilotage government From κῠβερνᾰ́ω (kubernáō, “I steer”) +‎ -ῐσμός (-ismós). κῠβερνᾰ́ω • (kubernáō) Verb to steer, drive, am a steersman, pilot to guide, govern, direct from κύρβις (kúrbis, “turnable wooden cylinder”), from Proto-Indo-European *kʷerb- (“to turn”), via a variant κύρβνα (kúrbna) formed with the tool morpheme -να- (-na-) (compare Sanskrit नयति (náyati, “to lead, guide, govern”)), whence through metathesis the verbal stem κυβερνα- (kuberna-). Compare Ancient Greek καρπός (karpós, “wrist”) and English whirl. κυβερνώ/κυβερνάω • (kyvernó/kyvernáo) (past κυβέρνησα, passive κυβερνώμαι/κυβερνιέμαι, p‑past κυβερνήθηκα, ppp κυβερνημένος) rule, govern captain navigate κῠβέρνησῐς • (kubérnēsis) f (genitive κῠβερνήσεως); third declension\ Noun steering, pilotage government ``` κῠβερνήτης • (kubernḗtēs) m (genitive κῠβερνήτου); first declension (Epic, Attic, Ionic, Koine) Noun captain, steersman, pilot, navigator (figuratively) guide, leader Synonym: ἡνίοχος (hēníokhos) ``` κυβερνήτης • (kyvernítis) m (plural κυβερνήτες) governor (leader of a region or state) (nautical) captain, skipper pilot (of an aircraft) κῠβερνάω (kubernáō, “to steer”) +‎ -της (-agent noun) κυβερνήτης m (kyvernítis, “governor, captain”) κῠβερνητῐκός • (kubernētikós) m (feminine κῠβερνητῐκή, neuter κῠβερνητῐκόν); first/second declension Adjective (-ive) good at steering κυβερνητικός • (kyvernitikós) m Adjective (-al) governmental κυβέρνηση • (kyvérnisi) f (plural κυβερνήσεις) Noun government ακυβερνησία f (akyvernisía, “anarchy”) ακυβέρνητος (akyvérnitos, “ungoverned”) αντικυβερνητικός (antikyvernitikós, “antigovernment”) διακυβέρνηση (diakyvérnisi, “rule, exercise of power, navigation”) διακυβερνώ (diakyvernó, “to rule, to exercise power”) ενδοκυβερνητικός (endokyvernitikós, “intergovernmental”) κυβερνείο (kyverneío, “government house”) κυβέρνηση συνασπισμού f (kyvérnisi synaspismoú, “coalition government”) κυβερνήτης m (kyvernítis, “governor, captain”) κυβερνητική f (kyvernitikí, “cybernetics”) κυβερνώ (kyvernó, “to govern”) Etymology 2 Perhaps from Proto-Indo-European *kʷerp- (“to turn”) if so, related to Proto-Germanic *hwerbaną (“to turn”) (English wharf). Noun κᾰρπός • (karpós) m (genitive κᾰρποῦ); second declension (“wrist”) Latin - carpus (plural carpi) (anatomy) The group of bones that make up the wrist. ————————————— SUFFIX -ῐσμός (-ismós, verbal noun suffix) —————————————

Answer 123

CONVEY - VECTOR - WAGON The wooden stick (pole) placed over the should to carry buckets of water or otherwise, that are attached to the ends of the pole. The axel on a wagon that support or carry the “box” of the wagon used to carry or transport its contents. vehō (present infinitive vehere, perfect active vexī, supine vectum); third conjugation I carry, bear, convey, transport (passive) I ride; I am borne. From Proto-Italic *weɣō, from Proto-Indo-European *wéǵʰeti from the root *weǵʰ- (“to ride”) Cognate with Arcadocypriot Greek ϝέχω (wékhō) Sanskrit वहति (vahati), Persian وز‎ (væz), Old English wegan. *wéǵʰeti (imperfective) to be transporting *weǵʰ- (imperfective) to bring to transport Arcadocypriot Greek ϝέχω (wékhō, “to carry, bear”). ``` ϝέχω • (wékhō) (Arcadocypriot) to bear, carry, bring Related terms ὄχος (ókhos) anything which holds, bears carriage, cart, chariot the wheels of a chariot ``` ``` OLD ENGLISH Old English wegan (whence English weigh). wegan to carry, bear to wear to carry on, inflict to weigh, consider ``` Ancient Greek ϝοχος (wokhos), ὄχος (ókhos, “vehicle”) LATIN vectis m (genitive vectis); third declension A strong pole or bar used for leverage; lever; crowbar; handspike. A carrying-pole. A bar or bolt (for fastening a door). ``` vector m (genitive vectōris); third declension Agent noun (-or “agent noun suffix”) A bearer, a carrier, a passenger ``` vectō (present infinitive vectāre, perfect active vectāvī, supine vectātum); first conjugation I bear, carry, convey Latin vehō (“carry”). vehō (present infinitive vehere, perfect active vexī, supine vectum); third conjugation I carry, bear, convey, transport (passive) I ride; I am borne. from Proto-Indo-European *wéǵʰeti, from the root *weǵʰ- (“to ride”). prōvehō (present infinitive prōvehere, perfect active prōvexī, supine prōvectum); third conjugation I carry or conduct forward or along I proceed, advance, move, drive, ride, sail etc. to a place subvehō (present infinitive subvehere, perfect active subvexī, supine subvectum); third conjugation I carry or convey upwards, or upriver trānsvehō (present infinitive trānsvehere, perfect active trānsvexī, supine trānsvectum); third conjugation I carry, bear, convey across or over I transport I pass by advehō (present infinitive advehere, perfect active advexī, supine advectum); third conjugation I bring to I import From ad- (to) + vehō (carry, bear, convey, transport) convehō (present infinitive convehere, perfect active convexī, supine convectum); third conjugation I carry (to a place) I collect or gather I harvest ēvehō (present infinitive ēvehere, perfect active ēvexī, supine ēvectum); third conjugation I carry out or forth I ride out or forth From ex- (“out from”) +‎ veho (“I carry/bear”). invehō (present infinitive invehere, perfect active invexī, supine invectum); third conjugation I carry, bear, convey into From in- (into, toward) +‎ vehō. circumvectō (present infinitive circumvectāre, perfect active circumvectāvī, supine circumvectātum); first conjugation I carry, bear, convey around From From circum- (“round about”, “in a circle around”, adverb and preposition) +‎ vectō. vehiculum n (genitive vehiculī); second declension A means of transport; vehicle, conveyance, carriage; wagon, cart; ship. An agricultural implement for cutting down grain; reaping-machine. From vehō (“I bear, carry”) +‎ -culum (“instrument noun suffix”) ———————————- ὄχος • (ókhos) m (genitive ὄχου); second declension anything which holds, bears carriage, cart, chariot the wheels of a chariot ὄχλος • (ókhlos) m (genitive ὄχλου); second declension ``` multitude, crowd, mob mass, multitude riot, tumult, disturbance, trouble ὁ ὄχλος; τοῦ ὄχλου (Attic) Derived terms ὀχλοκρατία (“mob rule”) ```

Answer 124

Excise Tax Excise taxes are taxes paid when purchases are made on a specific good, such as gasoline. Excise taxes are often included in the price of the product. There are also excise taxes on activities, such as on wagering or on highway usage by trucks. One of the major components of the excise program is motor fuel. What Is an Excise Tax? An excise tax is a legislated tax on specific goods or services at purchase such as fuel, tobacco, and alcohol. Excise taxes are intranational taxes imposed within a government infrastructure rather than international taxes imposed across country borders. A federal excise tax is usually collected from motor fuel sales, airline tickets, tobacco, and other goods and services.1 KEY TAKEAWAYS Excise taxes are taxes required on specific goods or services like fuel, tobacco, and alcohol. Excise taxes are primarily taxes that must be paid by businesses, usually increasing prices for consumers indirectly. Excise taxes can be ad valorem (paid by percentage) or specific (cost charged by unit). How an Excise Tax Works Excise taxes are primarily for businesses. Consumers may or may not see the cost of excise taxes directly. Many excise taxes are paid by merchants who then pass the tax on to consumers through higher prices. Merchants pay excise taxes to wholesalers and consider excise taxes in product pricing which increases the retail price overall.2 There are some excise taxes however that are paid directly by a consumer including property taxes and excise taxes on certain retirement account activities. Federal, state, and local governments have the authority to institute excise taxes. While income tax is the primary revenue generator for federal and state governments, excise tax revenue also makes up a small portion of total revenue. Excise taxes are primarily a business tax, separate from other taxes a business must pay, like income taxes. Businesses charging and receiving excise taxes are required to file Form 720 Federal Excise Tax Return on a quarterly basis and include quarterly payments.3 Business collectors of excise taxes must also maintain their obligations for passing on excise taxes to state and local governments as required. Merchants may be allowed deductions or credits on their annual income tax returns related to excise tax payments.4 Excise taxes can fall into one of two categories: ad valorem and specific. Ad valorem excise taxes are fixed percentage rates assessed on particular goods or services. Specific taxes are fixed dollar amounts applied to certain purchases. In some cases, governments levy excise taxes on goods that have a high social cost, such as cigarettes and alcohol, and for this reason, these taxes are sometimes called sin taxes. Overall, the largest revenue-producing excise taxes in the U.S. come from motor fuel, airline tickets, tobacco, alcohol, health-related goods, and health-related services.2 2.5% In 2017, excise taxes accounted for $83.8 billion of the federal government's revenue and 2.5% of total federal tax receipts. The Internal Revenue Service provides guidance on excise taxes in Publication 510.1 Ad Valorem Excise Taxes Ad valorem is a Latin phrase that literally means "according to value." An ad valorem tax is charged by percentage. This results in an excise tax that is based on the value of the product or service. For example, the IRS levies a 10% excise tax on indoor tanning services. This means that if a tanning salon charges $100 for a tanning session, it must pay the IRS $10 in excise tax. Similarly, if the company charges $200 for tanning, it must pay a $20 excise tax. Other types of ad valorem excise taxes include firearms (10%), airline tickets (7.5%), and heavy trucks (12%). 5 Property taxes can also be considered a type of ad valorem excise tax. Specific Excise Taxes Specific excise taxes are a set tax or fee added to a certain product on a per-unit basis. Some examples of federal, specific excise taxes include cigarettes ($1.01 per pack of 20), pipe tobacco ($2.83 per pound), beer ($7 for the first 60,000 barrels), cruise ship passengers ($3 per passenger), and gasoline ($0.183 per gallon).5 Often sin taxes on targeted goods like beer and alcohol will be taxed at the federal level and also taxed heavily by the state, making the cost of these items higher. For example, New York has a specific excise tax of $4.35 per cigarette pack of 20.6 Combining this with the federal tax of $1.01 makes the excise taxes alone $5.36. These taxes have a considerable impact on the consumer. Excise Taxes on Retirement Accounts Excise taxes are also charged on some retirement account activities. Many people are familiar with these taxes as penalties. A 6% excise tax is applied to excess individual retirement account (IRA) contributions that are not corrected by the applicable deadline. A 10% excise tax penalty applies to distributions from certain IRAs and other qualified plans when an investor makes withdrawals before age 59.5. Also, a 50% excise tax penalty is charged when investors do not take the mandatory required minimum distributions from certain retirement accounts. Required minimum distributions are mandatory after age 72 (for anyone who reaches age 70.5 in 2020 or later) for traditional IRA accounts and several other tax-deferred retirement savings plans.7 8 9 SPONSORED

Answer 125

Real Estate Excise Tax Real estate excise tax (REET) What is the real estate excise tax? Real estate excise tax (REET) is a tax on the sale of real property. All sales of real property in the state are subject to REET unless a specific exemption is claimed. The seller of the property typically pays the real estate excise tax, although the buyer is liable for the tax if it is not paid. Unpaid tax can become a lien on the transferred property. REET also applies to transfers of controlling interest (50% or more) in entities that own real property in the state.

Answer 126

Residual Estate Residuary Estate When a person dies and leaves his estate to various parties, the residuary estate is made up of the assets that remain after the specifically devised assets are taken out of the total estate. A residuary estate, in the law of wills, is any portion of the testator's estate that is not specifically devised to someone in the will, or any property that is part of such a specific devise that fails.[1] It is also known as a residual estate or simply residue. The will may identify the taker of the residuary estate through a residuary clause or residuary bequest. The person identified in such a clause is called the residuary taker, residuary beneficiary, or residuary legatee. Such a clause may state that, in the event all other heirs predecease the testator, the estate would pass to a charity (that would, presumably, have remained in existence). If no such clause is present, however, the residuary estate will pass to the testator's heirs by intestacy. At common law, if the residuary estate was divided between two or more beneficiaries, and one of those beneficiaries was unable to take, the share that would have gone to that beneficiary would instead pass by intestacy, under the doctrine that there was no residuary of a residuary. The modern rule, however, is that the failure of a residuary gift to one beneficiary causes that beneficiary's share to be divided among the remaining residuary takers. https: //en.wikipedia.org/wiki/Residuary_estate https: //en.wikipedia.org/wiki/Common_law https: //en.wikipedia.org/wiki/Will_and_testament https: //en.wikipedia.org/wiki/Trust_law https: //en.wikipedia.org/wiki/Administration_(probate_law)

Answer 127

ESTATE — Administration (probate law) https://en.wikipedia.org/wiki/Administration_of_Estates_Act_1925 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 dies leaving a will appointing an executor, and that executor validly disposes of the property of the deceased within England and Wales, then the estate will go to probate. However, if no will is left, or the will is invalid or incomplete in some way, then administrators must be appointed. They perform a similar role to the executor of a will but, where there are no instructions in a will, the administrators must distribute the estate of the deceased according to the rules laid down by statute and the common trust. Certain property falls outside the estate for administration purposes, the most common example probably being houses jointly owned that pass by survivorship on the first death of a couple into the sole name of the survivor. Other examples include discretionary death benefits from pension funds, accounts with certain financial institutions subject to a nomination and the proceeds of life insurance policies which have been written into trust. Trust property will also frequently fall outside the estate but this will depend on the terms of the trust. English law[edit] Upon the death of a person intestate, or of one who left a will without appointing executors, or when the executors appointed by the will cannot or will not act, the Probate Division of the High Court of Justice or the local District Probate Registry will appoint an administrator who performs similar duties to an executor. The court does this by granting letters of administration to the person so entitled. Grants of administration may be either general (where the deceased has died intestate) or limited.[1] The order in which the court will make general 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; A stranger. Under the rules for distribution of estates without a will (the Intestacy Rules), where a child under 18 would inherit or a life interest would arise, the Court or District Probate Registry would normally appoint a minimum of two administrators. On some estates, even under an intestate, it is not clear who are the next-of-kin, and probate research may be required to find the entitled beneficiaries. An administrator (sometimes known as the administratrix, if female) acts as the personal representative of the deceased in relation to land and other property in the UK. Consequently, when the estate under administration consists wholly or mainly of land, the court will grant administration to the heir to the exclusion of the next of kin. In the absence of any heir or next of kin, the Crown has the right to property (other than land) as bona vacantia, and to the land by virtue of the historic land rights of the Crown (and the Duchy of Cornwall and Duchy of Lancaster in their respective areas). If a creditor claims and obtains a Grant of Administration, the court compels him or her to enter into a bond with two sureties that he or she will not prefer his or her own debt to those of other creditors.

Answer 128

CHATTELS REAL (personal property) Personal property is property that is movable.[1] In common law systems, personal property may also be called chattels or personalty. In civil law systems, personal property is often called movable property or movables – any property that can be moved from one location to another. Personal property can be understood in comparison to real estate, immovable property or real property (such as land and buildings). Movable property on land (larger livestock, for example) was not automatically sold with the land, it was "personal" to the owner and moved with the owner. The word cattle is the Old Norman variant of Old French chatel, chattel (derived from Latin capitalis, “of the head”), which was once synonymous with general movable personal property. chattel (n.) early 13c., chatel "property, goods," from Old French chatel "chattels, goods, wealth, possessions, property; profit; cattle," from Late Latin capitale "property" (see cattle, which is the Old North French form of the same word). Application to slaves is from 1640s and later became a rhetorical figure in the writings of abolitionists. SLAVE (as personal property) deodand (n.) formerly in English law, "a personal chattel which, having been the immediate cause of the death of a person, was forfeited to the Crown to be sold and the money applied to pious uses," 1520s, from Anglo-French deodande (late 13c.), from Medieval Latin deodandum, from Deo dandum "a thing to be given to God," from dative of deus "god" (from PIE root *dyeu- "to shine," in derivatives "sky, heaven, god") + neuter gerundive of dare "to give" (from PIE root *do- "to give"). Abolished 1846. Thus, if a cart ran over a man and killed him, the cart was by law forfeited as a deodand, and the coroner's jury was required to fix the value of the forfeited property. The pious object of the forfeiture was early lost sight of, and the king might and often did cede his right to deodands within certain limits as a private perquisite. [Century Dictionary] Related entries & more slave (n.) late 13c., "person who is the chattel or property of another," from Old French esclave (13c.), from Medieval Latin Sclavus "slave" (source also of Italian schiavo, French esclave, Spanish esclavo), originally "Slav" (see Slav); so used in this secondary sense because of the many Slavs sold into slavery by conquering peoples. The oldest written history of the Slavs can be shortly summarised--myriads of slave hunts and the enthralment of entire peoples. The Slav was the most prized of human goods. With increased strength outside his marshy land of origin, hardened to the utmost against all privation, industrious, content with little, good-humoured, and cheerful, he filled the slave markets of Europe, Asia, and Africa. It must be remembered that for every Slavonic slave who reached his destination, at least ten succumbed to inhuman treatment during transport and to the heat of the climate. Indeed Ibrāhīm (tenth century), himself in all probability a slave dealer, says: "And the Slavs cannot travel to Lombardy on account of the heat which is fatal to them." Hence their high price. The Arabian geographer of the ninth century tells us how the Magyars in the Pontus steppe dominated all the Slavs dwelling near them. The Magyars made raids upon the Slavs and took their prisoners along the coast to Kerkh where the Byzantines came to meet them and gave Greek brocades and such wares in exchange for the prisoners. ["The Cambridge Medieval History," Vol. II, 1913] Meaning "one who has lost the power of resistance to some habit or vice" is from 1550s. Applied to devices from 1904, especially those which are controlled by others (compare slave jib in sailing, similarly of locomotives, flash bulbs, amplifiers). Slave-driver is attested from 1807; extended sense of "cruel or exacting task-master" is by 1854. Slave state in U.S. history is from 1812. Slave-trade is attested from 1734. It is absurd to bring back a runaway slave. If a slave can survive without a master, is it not awful to admit that the master cannot live without the slave? [Diogenes, fragment 6, transl. Guy Davenport] Old English Wealh "Briton" also began to be used in the sense of "serf, slave" c. 850; and Sanskrit dasa-, which can mean "slave," apparently is connected to dasyu- "pre-Aryan inhabitant of India." Grose's dictionary (1785) has under Negroe "A black-a-moor; figuratively used for a slave," without regard to race. More common Old English words for slave were þeow (related to þeowian "to serve") and þræl (see thrall). The Slavic words for "slave" (Russian rab, Serbo-Croatian rob, Old Church Slavonic rabu) are from Old Slavic *orbu, from the PIE root *orbh- (also source of orphan (n.)), the ground sense of which seems to be "thing that changes allegiance" (in the case of the slave, from himself to his master). The Slavic word is also the source of robot. thrall (n.) late Old English þræl "bondman, serf, slave," from a Scandinavian source akin to Old Norse þræll "slave, servant," figuratively "wretch, scoundrel," probably from Proto-Germanic *thrakhilaz, literally "runner," from root *threh- "to run" (source also of Old High German dregil "servant," properly "runner;" Old English þrægan, Gothic þragjan "to run"). Meaning "condition of servitude" is from early 14c. orphan (n.) "a child bereaved of one or both parents, generally the latter," c. 1300, from Late Latin orphanus "parentless child" (source of Old French orfeno, orphenin, Italian orfano), from Greek orphanos "orphaned, without parents, fatherless," literally "deprived," from orphos "bereft." This is from PIE *orbho- "bereft of father," also "deprived of free status," from root *orbh- "to change allegiance, to pass from one status to another" (source also of Hittite harb- "change allegiance," Latin orbus "bereft," Sanskrit arbhah "weak, child," Armenian orb "orphan," Old Irish orbe "heir," Old Church Slavonic rabu "slave," rabota "servitude" (see robot), Gothic arbja, German erbe, Old English ierfa "heir," Old High German arabeit, German Arbeit "work," Old Frisian arbed, Old English earfoð "hardship, suffering, trouble"). As an adjective from late 15c., "bereft of parents," said of a child or young dependent person. Figurative use is from late 15c. The Little Orphan Annie U.S. newspaper comic strip created by Harold Gray (1894-1968) debuted in 1924 in the New York "Daily News." Earlier it was the name (as Little Orphant Annie) of the character in James Whitcomb Riley's 1885 poem, originally titled "Elf Child": robot (n.) 1923, from English translation of 1920 play "R.U.R." ("Rossum's Universal Robots"), by Karel Capek (1890-1938), from Czech robotnik "forced worker," from robota "forced labor, compulsory service, drudgery," from robotiti "to work, drudge," from an Old Czech source akin to Old Church Slavonic rabota "servitude," from rabu "slave," from Old Slavic *orbu-, from PIE *orbh- "pass from one status to another" (see orphan). The Slavic word thus is a cousin to German Arbeit "work" (Old High German arabeit). According to Rawson the word was popularized by Karel Capek's play, "but was coined by his brother Josef (the two often collaborated), who used it initially in a short story."

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SLAVE (as personal property) Translations of slave Noun δούλος slave, bondman, fag, helot, thrall ανδράποδο slave Verb δουλεύω σκληρά drudge, slave Adjective δοῦλος • (doûlos) m (feminine δούλη, neuter δοῦλον); first/second declension (Attic, Ionic) slavish, servile, subject Related to Mycenaean Greek 𐀈𐀁𐀫 (do-e-ro /dohelos/),[1] possibly from Canaanite *dōʾēlu “servant, attendant” (compare Late Babylonian 𒁕𒀝𒂵𒇻 (daggālu, “subject, one who waits on another, does their bidding”), Aramaic דַּיָּילָא‎ (dayyālā) The word δοῦλος is related to the ethnonym Dahae (found as Δάοι, Δάαι, Δαι or Δάσαι in Greek sources) and thus related to Sanskrit दस्यु (dasyu, “bandit, brigand”) and Sanskrit दास (dāsa) which originally meant 'demon' and later also 'slave' or 'fiend'. ``` Noun दास • (dā́sa) m (Ṛgvedic dáasa) demon barbarian, infidel slave Shudra devotee (of a god) ``` Etymology Related to Proto-Indo-Iranian *dásyuš- (“enemy, foreigner, foreign people, foreign land”) from Proto-Indo-European *des- (“enemy, foreigner”). See also Persian ده‎, Old Avestan 𐬛𐬀𐬒𐬌𐬌𐬎‎ (dax́iiu, “country”) Younger Avestan 𐬛𐬀𐬣𐬵𐬎‎ (daŋ́hu). Ancient Greek δοῦλος (doûlos, “slave”) perhaps belongs in this group as well. Related to दस्यु (dasyu, “barbarian”). Noun दास • (dās) m (Urdu spelling داس‎) slave, servant Synonym: ग़ुलाम (ġulām) From Sauraseni Prakrit 𑀤𑀸𑀲 (dāsa), from Sanskrit दास (dāsá). ``` Hindi Etymology Borrowed from Persian غلام‎ (ğolâm) from Arabic غُلَام‎ (ḡulām). Noun ग़ुलाम • (ġulām) m (Urdu spelling غلام‎) slave, servant ``` ``` Arabic Etymology From the root غ ل م‎ (ḡ-l-m) Noun[edit] غُلَام • (ḡulām) m (plural غِلْمَان‎ (ḡilmān) or غِلْمَة‎ (ḡilma) or أَغْلِمَة‎ (ʾaḡlima)) boy, lad servant, slave ``` Slav (n.) late 14c., Sclave, from Medieval Latin Sclavus (c. 800), from Byzantine Greek Sklabos (c. 580), from Proto-Slavic *sloveninu "a Slav," probably related to *slovo "word, speech," which suggests the name originally identified a member of a speech community (compare Old Church Slavonic Nemici "Germans," related to nemu "dumb;" Greek heterophonos "foreign," literally "of different voice;" Old English þeode, which meant both "race" and "language"). Max Vasmer, the authority for Slavic etymologies, rejects a connection to *slava "glory, fame," which, however, influenced Slav via folk etymology. This is the -slav in personal names (such as Russian Miroslav, literally "peaceful fame;" Mstislav "vengeful fame;" Jaroslav "famed for fury;" Czech Bohuslav "God's glory;" Latinized Wenceslas "having greater glory"), perhaps from PIE root *kleu- "to hear." In English, it was spelled Slave c. 1788-1866, influenced by French and German Slave. As an adjective from 1876. Synonyms بنده‎ (bande) عبد‎ ('abd) ``` بنده‎ (bande) Ultimately from Proto-Indo-European *bʰendʰ- (“to bind”). Noun Dari Persian بنده Iranian Persian Tajik банда (banda) بنده • (bande) servant slave ``` from Old Persian 𐎲𐎭𐎣 (badaka) 𐎲𐎭𐎣 (ba-da-ka /baⁿdaka/) loyal subject, servant deodand (n.) formerly in English law, "a personal chattel which, having been the immediate cause of the death of a person, was forfeited to the Crown to be sold and the money applied to pious uses," 1520s, from Anglo-French deodande (late 13c.), from Medieval Latin deodandum, from Deo dandum "a thing to be given to God," from dative of deus "god" (from PIE root *dyeu- "to shine," in derivatives "sky, heaven, god") + neuter gerundive of dare "to give" (from PIE root *do- "to give"). Abolished 1846. Thus, if a cart ran over a man and killed him, the cart was by law forfeited as a deodand, and the coroner's jury was required to fix the value of the forfeited property. The pious object of the forfeiture was early lost sight of, and the king might and often did cede his right to deodands within certain limits as a private perquisite. [Century Dictionary] Related entries & more slave (n.) late 13c., "person who is the chattel or property of another," from Old French esclave (13c.), from Medieval Latin Sclavus "slave" (source also of Italian schiavo, French esclave, Spanish esclavo), originally "Slav" (see Slav); so used in this secondary sense because of the many Slavs sold into slavery by conquering peoples. The oldest written history of the Slavs can be shortly summarised--myriads of slave hunts and the enthralment of entire peoples. The Slav was the most prized of human goods. With increased strength outside his marshy land of origin, hardened to the utmost against all privation, industrious, content with little, good-humoured, and cheerful, he filled the slave markets of Europe, Asia, and Africa. It must be remembered that for every Slavonic slave who reached his destination, at least ten succumbed to inhuman treatment during transport and to the heat of the climate. Indeed Ibrāhīm (tenth century), himself in all probability a slave dealer, says: "And the Slavs cannot travel to Lombardy on account of the heat which is fatal to them." Hence their high price. The Arabian geographer of the ninth century tells us how the Magyars in the Pontus steppe dominated all the Slavs dwelling near them. The Magyars made raids upon the Slavs and took their prisoners along the coast to Kerkh where the Byzantines came to meet them and gave Greek brocades and such wares in exchange for the prisoners. ["The Cambridge Medieval History," Vol. II, 1913] Meaning "one who has lost the power of resistance to some habit or vice" is from 1550s. Applied to devices from 1904, especially those which are controlled by others (compare slave jib in sailing, similarly of locomotives, flash bulbs, amplifiers). Slave-driver is attested from 1807; extended sense of "cruel or exacting task-master" is by 1854. Slave state in U.S. history is from 1812. Slave-trade is attested from 1734. It is absurd to bring back a runaway slave. If a slave can survive without a master, is it not awful to admit that the master cannot live without the slave? [Diogenes, fragment 6, transl. Guy Davenport] Old English Wealh "Briton" also began to be used in the sense of "serf, slave" c. 850; and Sanskrit dasa-, which can mean "slave," apparently is connected to dasyu- "pre-Aryan inhabitant of India." Grose's dictionary (1785) has under Negroe "A black-a-moor; figuratively used for a slave," without regard to race. More common Old English words for slave were þeow (related to þeowian "to serve") and þræl (see thrall). The Slavic words for "slave" (Russian rab, Serbo-Croatian rob, Old Church Slavonic rabu) are from Old Slavic *orbu, from the PIE root *orbh- (also source of orphan (n.)), the ground sense of which seems to be "thing that changes allegiance" (in the case of the slave, from himself to his master). The Slavic word is also the source of robot. thrall (n.) late Old English þræl "bondman, serf, slave," from a Scandinavian source akin to Old Norse þræll "slave, servant," figuratively "wretch, scoundrel," probably from Proto-Germanic *thrakhilaz, literally "runner," from root *threh- "to run" (source also of Old High German dregil "servant," properly "runner;" Old English þrægan, Gothic þragjan "to run"). Meaning "condition of servitude" is from early 14c. orphan (n.) "a child bereaved of one or both parents, generally the latter," c. 1300, from Late Latin orphanus "parentless child" (source of Old French orfeno, orphenin, Italian orfano), from Greek orphanos "orphaned, without parents, fatherless," literally "deprived," from orphos "bereft." This is from PIE *orbho- "bereft of father," also "deprived of free status," from root *orbh- "to change allegiance, to pass from one status to another" (source also of Hittite harb- "change allegiance," Latin orbus "bereft," Sanskrit arbhah "weak, child," Armenian orb "orphan," Old Irish orbe "heir," Old Church Slavonic rabu "slave," rabota "servitude" (see robot), Gothic arbja, German erbe, Old English ierfa "heir," Old High German arabeit, German Arbeit "work," Old Frisian arbed, Old English earfoð "hardship, suffering, trouble"). As an adjective from late 15c., "bereft of parents," said of a child or young dependent person. Figurative use is from late 15c. The Little Orphan Annie U.S. newspaper comic strip created by Harold Gray (1894-1968) debuted in 1924 in the New York "Daily News." Earlier it was the name (as Little Orphant Annie) of the character in James Whitcomb Riley's 1885 poem, originally titled "Elf Child": robot (n.) 1923, from English translation of 1920 play "R.U.R." ("Rossum's Universal Robots"), by Karel Capek (1890-1938), from Czech robotnik "forced worker," from robota "forced labor, compulsory service, drudgery," from robotiti "to work, drudge," from an Old Czech source akin to Old Church Slavonic rabota "servitude," from rabu "slave," from Old Slavic *orbu-, from PIE *orbh- "pass from one status to another" (see orphan). The Slavic word thus is a cousin to German Arbeit "work" (Old High German arabeit). According to Rawson the word was popularized by Karel Capek's play, "but was coined by his brother Josef (the two often collaborated), who used it initially in a short story." ————————————————————— Noun ανδράποδο • (andrápodo) n (plural ανδράποδα) slave Synonyms: σκλάβος (sklávos), δούλος (doúlos) (figuratively) creep (a grovelling or obsequious person) —————————————————————- Noun σκλάβος • (sklávos) m (plural σκλάβοι, feminine σκλάβα) slave Synonyms: δούλος (doúlos), ανδράποδο (andrápodo) Related terms σκλάβα f (skláva, “female slave”) σκλαβιά f (sklaviá, “slavery”) σκλαβοπάζαρο n (sklavopázaro, “slave market”) Noun Σκλᾰ́βος • (Sklábos) m (genitive Σκλᾰ́βου); second declension (Byzantine) Slav Slav (plural Slavs or (archaic) Slavi) A member of any of the peoples from Eastern Europe who speak the Slavic languages. (Britain, birdwatching) The Slavonian grebe. Noun Sclavus m (genitive Sclavī, feminine Sclava); second declension a Slav

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DEED https://en.wikipedia.org/wiki/Deed ``` Noun πράξη • (práxi) f (plural πράξεις) act, deed action, praxis (finance) transaction (computing, logic, mathematics) operation (drama) act ``` In common law, a deed (anciently "an evidence") is any legal instrument in writing which passes, affirms or confirms an interest, right, or property and that is signed, attested, delivered, and in some jurisdictions, sealed. It is commonly associated with transferring (conveyancing) 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 modern descendant of the medieval charter, and delivery is thought to symbolically replace the ancient ceremony of livery of seisin. Translations of deed Noun πράξη act, practice, transaction, action, deed, effect έγγραφο document, record, writing, paper, deed έργο work, task, opus, doing, deed κατόρθωμα feat, achievement, deed, tour de force άθλος feat, achievement, deed συμφωνητικό contract, agreement, deed ``` Noun πρᾶξῐς • (prâxis) f (genitive πρᾱ́ξεως); third declension deed, act, action, activity business dealing success collection of debts, arrears business, office work, treatise magic spell (euphemistic) sexual intercourse conduct, practice state, condition ``` From πρᾱ́σσω (prā́ssō, “I do, practice”) +‎ -σῐς (-sis). from Proto-Indo-European *pr̥h₂-k-yé-ti a *k-enlargement of *per(h₂)- (“to go over, cross”). ``` Noun πρᾶγμᾰ • (prâgma) n (genitive πρᾱ́γμᾰτος); third declension deed, act, fact occurance, matter, affair thing, concrete reality thing, creature thing of consequence or importance (in the plural) circumstances, affairs (in the plural, in bad sense) trouble, annoyance ``` see: πράγμα n (prágma, “thing, entity”) ``` Noun πρᾱγμᾰτείᾱ • (prāgmateíā) f (genitive πρᾱγμᾰτείᾱς); first declension prosecution of business, diligent study occupation, business, duty treatment of a subject philosophical argument or treatise systematic or scientific historical treatise magical operation, spell, charm. ``` Noun πραγματεία • (pragmateía) f (plural πραγματείες) treatise, discourse, dissertation From πρᾶγμᾰ (prâgma, “matter, affair”) +‎ -είᾱ (-eíā). Suffix 1 -εία • (-eía) f Nominative, accusative and vocative singular form of -εία (-eía). Suffix 2 -εία • (-eía) n Nominative, accusative and vocative plural form of -είο (-eío). Suffix -είο • (-eío) n added to a noun to denote a relationship with a place, building, etc. ‎ιατρός (iatrós, “doctor”) + ‎-είο (-eío) → ‎ιατρείο (iatreío, “doctor's surgery”) νεκρός (nekrós, “dead”) + ‎τάφος (táfos, “grave”) + ‎-είο (-eío) → ‎νεκροταφείο (nekrotafeío, “cemetery”) έλαιο (élaio, “oil”) + ‎τρίβω (trívo, “to grind”) + ‎-είο (-eío) → ‎ελαιοτριβείο (elaiotriveío, “olive press”) άρτος (ártos, “bread”) + ‎πωλώ (poló, “to sell”) + ‎-είο (-eío) → ‎αρτοπωλείο (artopoleío, “bread shop”)

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CONVEYANCING In law, conveyancing is the transfer of legal title of real property from one person to another, or the granting of an encumbrance such as a mortgage or a lien.[1] A typical conveyancing transaction has two major phases: the exchange of contracts (when equitable interests are created) and completion (also called settlement, when legal title passes and equitable rights merge with the legal title). The sale of land is governed by the laws and practices of the jurisdiction in which the land is located. It is a legal requirement in all jurisdictions that contracts for the sale of land be in writing. An exchange of contracts involves two copies of a contract of sale being signed, one copy of which is retained by each party. When the parties are together, both would usually sign both copies, one copy of which being retained by each party, sometimes with a formal handing over of a copy from one party to the other. However, it is usually sufficient that only the copy retained by each party be signed by the other party only — hence contracts are "exchanged". This rule enables contracts to be "exchanged" by mail. Both copies of the contract of sale become binding only after each party is in possession of a copy of the contract signed by the other party—i.e., the exchange is said to be "complete". An exchange by electronic means is generally insufficient for an exchange, unless the laws of the jurisdiction expressly validate such signatures. It is the responsibility of the buyer of real property to ensure that he or she obtains a good and marketable title to the land—i.e., that the seller is the owner, has the right to sell the property, and there is no factor which would impede a mortgage or re-sale. Some jurisdictions have legislated some protections for the buyer, besides the ability for the buyer to do searches relating to the property. A system of conveyancing is usually designed to ensure that the buyer secures title to the land together with all the rights that run with the land, and is notified of any restrictions in advance of purchase. Many jurisdictions have adopted a system of land registration to facilitate conveyancing and encourage reliance on public records and assure purchasers of land that they are taking good title.

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ESCHEAT https://en.wikipedia.org/wiki/Escheat Escheat /ɪsˈtʃiːt/ is a common law doctrine that transfers the real property of a person who has died without heirs to the Crown or state. It serves to ensure that property is not left in "limbo" without recognized ownership. 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", via mediaeval French escheoir.[3] The sense is of a feudal estate in land falling-out of the possession by a tenant into the possession of the lord. Origins in feudalism In feudal England, escheat referred to the situation where the tenant of a fee (or "fief") died without an heir or committed a felony. In the case of such demise of a tenant-in-chief, the fee reverted to the King's demesne permanently, when it became once again a mere tenantless plot of land, but could be re-created as a fee by enfeoffment to another of the king's followers. Where the deceased had been subinfeudated by a tenant-in-chief, the fee reverted temporarily to the crown for one year and one day by right of primer seisin after which it escheated to the over-lord who had granted it to the deceased by enfeoffment. 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 personal possession of William the Conqueror under allodial title. The monarch thus became the sole "owner" of all the land in the kingdom, a position which persists to the present day. He then granted it out to his favoured followers, who thereby became tenants-in-chief, under various contracts of feudal land tenure. Such tenures, even the highest one of "feudal barony", never conferred ownership of land but merely ownership of rights over it, that is to say ownership of an estate in land. Such persons are therefore correctly termed "land-holders" or "tenants" (from Latin teneo to hold), not owners. If held freely, that is to say by freehold, such holdings were heritable by the holder's legal heir. On the payment of a premium termed feudal relief to the treasury, such heir was entitled to demand re-enfeoffment by the king with the fee concerned.

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ALLODIAL TITLE https://en.wikipedia.org/wiki/Allodial_title Allodial title constitutes ownership of real property (land, buildings, and fixtures) that is independent of any superior landlord. Allodial title is related to the concept of land held "in allodium", or land ownership by occupancy and defense of the land. Most property ownership in common law jurisdictions is fee simple. In the United States, the land is subject to eminent domain by federal, state and local government, and subject to the imposition of taxes by state and/or local governments, and there is thus no true allodial land. Some states within the U.S. (notably, Nevada and Texas) have provisions for considering land allodial under state law, and the term may be used in other circumstances.[1] Land is "held of the Crown" in England and Wales and other jurisdictions in the Commonwealth realms. Some land in the Orkney and Shetland Islands, known as udal land, is held in a manner akin to allodial land in that these titles are not subject to the ultimate ownership of the Crown. In France, while allodial title existed before the French Revolution, it was rare and limited to ecclesiastical properties and property that had fallen out of feudal ownership. After the French Revolution allodial title became the norm in France and other civil law countries that were under Napoleonic legal influences. In October 1854, the seigneurial system of Lower Canada, which had been ceded from France to Britain in 1763 at the conclusion of the Seven Years' War, was extinguished by the Seigneurial Tenures Abolition Act of October 1854, and a form similar to socage replaced it.

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FEE SIMPLE https://en.wikipedia.org/wiki/Fee_simple In English law, a fee simple or fee simple absolute is an estate in land, a form of freehold ownership. A "fee" is a vested, inheritable, present possessory interest in land. A "fee simple" refers to a sub-category of such interests that features an absence of any temporal condition limiting its durational period under common law, whereas the highest possible form of ownership interest that can be held in real property is a "fee simple absolute," which is a sub-set characterized by an absence of limitations regarding the land's use (such as qualifiers or conditions that disallow certain uses of the land or subject the vested interest to termination). Allodial title is reserved to governments under a civil law structure. The rights of the fee-simple owner are limited by government powers of taxation, compulsory purchase, police power, and escheat, and may also be limited further by certain encumbrances or conditions in the deed, such as, for example, a condition that required the land to be used as a public park, with a reversion interest in the grantor if the condition fails; this is a fee simple conditional.

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EMINENT DOMAIN https://en.wikipedia.org/wiki/Eminent_domain Eminent Domain is the power of a state, provincial, or national government to take private property for public use. It does not include the power to take and transfer ownership of private property from one property owner to another private property owner without a valid public purpose. However, this power can be legislatively delegated by the state to municipalities, government subdivisions, or even to private persons or corporations, when they are authorized by the legislature to exercise the functions of public character. The most common uses of property taken by eminent domain have been for roads, government buildings and public utilities. Many railroads were given the right of eminent domain to obtain land or easements in order to build and connect rail networks. In the mid-20th century, a new application of eminent domain was pioneered, in which the government could take the property and transfer it to a private third party for redevelopment. This was initially done only to a property that has been deemed "blighted" or a "development impediment", on the principle that such properties had a negative impact upon surrounding property owners, but was later expanded to allow the taking of any private property when the new third-party owner could develop the property in such a way as to bring in increased tax revenues to the government. Dominium Eminens: ``` Dominium eminens (Latin for "supreme ownership") and described the power as follows: The property of subjects is under the eminent domain of the state, so that the state or those who act for it may use and even alienate and destroy such property, not only in the case of extreme necessity, in which even private persons have a right over the property of others, but for ends of public utility, to which ends those who founded civil society must be supposed to have intended that private ends should give way. But, when this is done, the state is bound to make good the loss to those who lose their property. ```

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ASSURANCE What Is Assurance? Assurance refers to financial coverage that provides remuneration for an event that is certain to happen. Assurance is similar to insurance, with the terms often used interchangeably. However, insurance refers to coverage over a limited time, whereas assurance applies to persistent coverage for extended periods or until death. Assurance may also apply to validation services provided by accountants and other professionals. KEY TAKEAWAYS Assurance refers to financial coverage that provides remuneration for an event that is certain to happen. Unlike insurance, which covers hazards over a specific policy term, assurance is permanent coverage over extended periods, often up to the insured's death such as with whole life insurance. Assurance can also refer to professional services provided by accountants, lawyers, and other professionals, known collectively as assurance services. Assurance services can help companies mitigate risks and identify problematic areas. The adverse event that both whole life and term life insurance deal with is the death of the person the policy covers. Since the death of the covered person is certain, a life assurance policy (whole life insurance) results in payment to the beneficiary when the policyholder dies. A term life insurance policy, however, covers a fixed period—such as 10, 20, or 30 years—from the policy's purchase date. If the policyholder dies during that time, the beneficiary receives money, but if the policyholder dies after the term, no benefit is received. The assurance policy covers an event that will happen no matter what, while the insurance policy covers a covered incident that might occur (the policyholder might die within the next 30 years). Assurance vs. Negative Assurance Assurance refers to the high degree of certainty that something is accurate, complete, and usable. Professionals affirm these positive assurances after careful review of the documents and information subject to the audit or review. Negative assurance refers to the level of certainty that something is accurate because no proof to the contrary is present. In other words, since there is no proof that the information is inaccurate or that deceptive practices (e.g., fraud) occurred, it is presumed to be accurate. Negative assurance does not mean that there is no wrongdoing in the company or organization; it only means that nothing suspecting or proving wrongdoing was found. Negative assurance usually follows assurance of the same set of facts and is done to ensure that the first review was appropriate and without falsifications or gross errors. Therefore, the amount of scrutiny is not as intense as the first review because the negative assurance auditor purposefully looks for misstatements, violations, and deception. Assurance FAQs What Does Life Assurance Mean? Assurance has dual meanings in business. It refers to the coverage that pays a benefit for a covered event that will eventually happen. Assurance also refers to the assurance given by auditing professionals regarding the validity and accuracy of reviewed documents and information. These auditors exercise great care to make these positive assurances. What Is an Example of Assurance? Whole life insurance is perhaps one of the best-understood examples of assurance. As long as the policy remains in force, this type of insurance guarantees to pay a death benefit at the death of the insured, despite how long that event takes to occur. What Is Meant by Assurance in Auditing? Assurance in auditing refers to the opinions issued by a professional regarding the accuracy and completeness of what's analyzed. For example, an accountant assuring that financial statements are accurate and valid asserts that they have reviewed the documents using acceptable accounting standards and principles. What Is the Difference Between Life Insurance and Assurance? Life insurance and life assurance are often used interchangeably and sometimes refer to the same type of contract. However, life insurance is coverage that pays a benefit for the death of the insured if the death occurs during the limited, contractual term. Assurance or life assurance is coverage that pays a benefit upon the death of the insured despite how long it takes for that death to occur. What Kind of Company Is an Assurance Company? An assurance company could be a life insurance/assurance company providing benefits upon the certain death of the insured, but commonly refers to an accounting or auditing firm providing assurance services to businesses and organizations. These services include complete and intense reviews of documents, transactions, or information. The purpose of these reviews is to confirm and assure the accuracy of what was reviewed. The Bottom Line Assurance is coverage that pays a benefit upon the eventual occurrence of a certain event. It also refers to a service rendered by a professional to confirm the validity and accuracy of reviewed documents and information. Assurances in auditing can help companies address risks and potential problems affecting the accuracy of their reporting. On the contrary, negative assurance is a less intense review that also provides a form of assurance. Negative assurance asserts that what was reviewed is accurate because nothing contradicting this claim exists. What Is Whole Life Insurance? Whole life insurance provides coverage for the life of the insured. In addition to paying a death benefit, whole life insurance also contains a savings component in which cash value may accumulate. These policies are also known as “permanent” or “traditional” life insurance. KEY TAKEAWAYS Whole life insurance lasts for a policyholder’s lifetime, as opposed to term life insurance, which is for a specific amount of years. Whole life insurance is paid out to a beneficiary or beneficiaries upon the policyholder’s death, provided that the premium payments were maintained. Whole life insurance pays a death benefit, but also has a savings component in which cash can build up. The savings component can be invested; additionally, the policyholder can access the cash while alive, by either withdrawing or borrowing against it, when needed. Understanding Whole Life Insurance Whole life insurance guarantees payment of a death benefit to beneficiaries in exchange for level, regularly due premium payments. The policy includes a savings portion, called the “cash value,” alongside the death benefit. In the savings component, interest may accumulate on a tax-deferred basis. Growing cash value is an essential component of whole life insurance. https://www.investopedia.com/terms/t/tefra.asp

Answer 137

WARRANTY warranty (n.) mid-14c., legal term for various types of clauses in real estate transactions, from Anglo-French and Old North French warantie "protection, defense, safeguard" (Old French garantie), from warant (see warrant (n.)). What Is a Warranty? A warranty is a type of guarantee that a manufacturer or similar party makes regarding the condition of its product. It also refers to the terms and situations in which repairs or exchanges will be made in the event that the product does not function as originally described or intended. warrant (n.) c. 1200, "protector, defender," from Old North French warant "defender; surety, pledge; justifying evidence" (Old French garant), from Frankish *warand, from Proto-Germanic *war- "to warn, guard, protect" (source also of Old High German werento "guarantor," noun use of present participle of weren "to authorize, warrant;" German gewähren "to grant"), from PIE root *wer- (4) "to cover." Sense evolved via notion of "permission from a superior which protects one from blame or responsibility" (early 14c.) to "document conveying authority" (1510s). A warrant officer in the military is one who holds office by warrant (as from a government department), rather than by commission (from a head of state). warrant (v.) late 13c., "to keep safe from danger," from Old North French warantir "safeguard, protect; guarantee, pledge" (Old French garantir), from warant (see warrant (n.)). Meaning "to guarantee to be of quality" is attested from late 14c.; sense of "to guarantee as true" is recorded from c. 1300. Related: Warranted; warranting; warrantable. KEY TAKEAWAYS Warranties often have conditions limiting the warranty. Warranties can be denied for several reasons. There are different types of warranties and terms. How a Warranty Works Warranties usually have exceptions that limit the conditions in which a manufacturer will be obligated to rectify a problem. For example, many warranties for common household items only cover the product for up to one year from the date of purchase and usually only if the product in question contains problems resulting from defective parts or workmanship. As a result of these limited manufacturer warranties, many vendors offer extended warranties. These extended warranties are essentially insurance policies for products that consumers pay for upfront. Coverage will usually last for a handful of years above and beyond the manufacturer's warranty and is often more lenient in terms of limited terms and conditions. Home warranties can provide discounted repair and replacement services for household appliances and systems and the best home warranties offer a range of plans depending on the coverage you want. Reasons Why a Warranty Could Be Denied Warranties typically only apply to products that have not been altered or modified after they were purchased. For example, a warranty on an automobile could be invalidated if the owner added nonstandard parts that substantially altered the functionality, performance, reliability, and stability of the vehicle.

Answer 138

INDEMNITY Adjective indemnis (neuter indemne); third-declension two-termination adjective unhurt, uninjured ``` Noun damnum n (genitive damnī); second declension damage or injury (financial) loss a fine ``` from Proto-Indo-European *dh₂pnóm (“expense, investment”) from the root *deh₂p- whence also daps (“sacrificial meal, feast”) ``` Proto-Indo-European Etymology Extension of *deh₂- (“to divide”). Root *deh₂p- to sacrifice to lose ``` ``` Verb δᾰ́πτω • (dáptō) I eat, devour, as wild beasts Synonym: δᾰρδᾰ́πτω (dardáptō) I consume, corrode ``` compared with Latin daps (“banquet, feast”) Tocharian A (tāp-, “to consume, eat”) Latin damnum (“loss, damage”) and Old Norse tafn (“sacrifice”) ``` Noun δᾰπᾰ́νη • (dapánē) f (genitive δᾰπᾰ́νης); first declension cost, expenditure Antonym: πρόσοδος (prósodos) money spent or for spending extravagance, prodigality ``` ``` Noun δαπάνη • (dapáni) f (plural δαπάνες) (finance) expenditure, outlay (finance) expenses, costs (finance) payment (figuratively) energy, time spent ``` From δάπτω (dáptō, “to devour, consume”). ``` Verb δᾰπᾰνάω • (dapanáō) to spend (on) to consume to waste ``` indemnity (n.) mid-15c., indempnite, "security or exemption against damage, loss, etc.," from Old French indemnité (14c.) from Late Latin indemnitatem (nominative indemnitas) "security for damage," from Latin indemnis "unhurt, undamaged," from in- "not, opposite of, without" see (in-)+ damnum "damage" Meaning "legal exemption" is from 1640s; sense of "compensation for loss" is from 1793. Related: Indemnitor; indemnitee. indemnify (v.) "compensate for loss or expense," 1610s, from Latin indemnis "unhurt" (see indemnity) + -fy. Related: Indemnified; indemnifying. "Indemnify formerly meant to save a person from damage or loss, but now much more often means to make good after loss or the damage of property." [Century Dictionary] damn (v.) Middle English dampnen, also damnen, dammen, late 13c. as a legal term, "to condemn, declare guilty, convict;" c. 1300 in the theological sense of "doom to punishment in a future state," from Old French damner "damn, condemn; convict, blame; injure," derivative of Latin damnare "to adjudge guilty; to doom; to condemn, blame, reject," from noun damnum "damage, hurt, harm; loss, injury; a fine, penalty," from Proto-Italic *dapno-, possibly from an ancient religious term from PIE *dap- "to apportion in exchange" [Watkins] or *dhp-no- "expense, investment" [de Vaan]. The -p- in the English word disappeared 16c. damnable (adj.) mid-14c., dampnable, "worthy of condemnation," from Old French damnable and directly from Medieval Latin damnabilis "worthy of condemnation," from Latin damnare "to doom, condemn" (see damn). Meaning "odious, detestable, abominable, deserving of condemnation" is from c. 1400. Related: Damnably (late 14c., dampnably). Related entries & more damned (adj.) late 14c., dampned, "believed to be sentenced to punishment in a future state;" mid-15c., "condemned, judicially sentenced," past-participle adjective from damn (v.). Meaning "hateful, detestable" is from 1560s, hence its use as an objurgation expressing more or less dislike. In literary use printed 18c.-19c. as d____d. As a noun, "those condemned to eternal suffering in Hell," late 14c. Superlative damndest (originally damnedst) "worst one can do" is attested from 1830. Related entries & more damnation (n.) c. 1300, dampnacioun, "condemnation to Hell by God," also "fact of being condemned by judicial sentence," from Old French damnation, from Latin damnationem (nominative damnatio), noun of action from past-participle stem of damnare "to doom, condemn" (see damn). As an imprecation, attested from c. 1600.

Answer 139

EXECUTE - EXECUTOR εκτελώ Perform, execute, carry out, do, implement, transact εκτελεστικός Executive εκτελεστής διαθήκης Executor ``` ————————————————————— δῐᾰθήκη • (diathḗkē) f (genitive δῐᾰθήκης); first declension testament, will (legal document) covenant (law) will, testament (document) ``` From δῐᾰ- (across-) +‎ τῐ́θημῐ (“put, place”). δῐᾰτῐ́θημῐ • (diatíthēmi) (active) place separately, arrange each in their own places, distribute (with an adverb) to manage well or ill (of persons) to handle or treat well or ill to dispose one in such a manner to set forth, recite to describe (middle) to arrange as one likes, to dispose of to dispose of one's property, devise it by will to set out for sale, dispose of merchandise to arrange or settle mutually, make a covenant to compose, male to set forth, recite ``` θήκη • (thḗkē) f (genitive θήκης); first declension arc of the covenant box, chest grave, tomb sword sheath ``` From τίθημι (“to place, put”). Greek: θήκη f (thíki, “case, sheath”) Suffix -θήκη • (-thḗkē) f (genitive -θήκης); first declension Deverbal suffix from τίθημι (títhēmi), typically indicating a space in which things are put or stored. Suffix -θήκη • (-thíki) f added to words in order to indicate: storage, care of, exhibition. A Mishnaic borrowing from Ancient Greek θήκη (thḗkē, “box, money box, sheath for sword”), forming the new root ת־י־ק‎ (t-y-k). ``` From Hebrew: ‎תִּיק תִּיק • (tik) m (plural indefinite תִּיקִים‎) bag, satchel, purse, handbag case (legal) (politics) portfolio (the post and the responsibilities of a cabinet minister or other head of a government department.) a file or a folder on computers (colloquial) police record (colloquial) task, burden ``` Related terms (verb, pi'el) תייק \ תִּיֵּק‎ (“to file”) (verb, pu'al) תויק \ תֻּיַּק‎ (“to be filed”) תִּיק גַּב‎ (tik gav, “backpack”) Latin: thēca thēca f (genitive thēcae); first declension a case, envelope, sheath Borrowed from Ancient Greek θήκη (thḗkē, “a case, box, receptacle”), from τίθημι (títhēmi, “put, set, place”). Καινή Διαθήκη f (Kainí Diathíki, “New Testament”) Κιβωτός της Διαθήκης f (Kivotós tis Diathíkis, “Arc of the Covenent”) Παλαιά Διαθήκη f (Palaiá Diathíki, “Old Testament”) ——————————————————- Ark of the covenant ark (n.) Old English earc, Old Northumbrian arc, mainly meaning Noah's but also the Ark of the Covenant, from Latin arca "large box, chest" (see arcane), the word used in the Vulgate. Also borrowed in Old High German (arahha, Modern German Arche). From the Noachian sense comes extended meaning "place of refuge" (17c.). As the name of a type of ship or boat, from late 15c. In 19c. U.S., especially a large, flat-bottomed river boat to move produce, livestock, etc. to market. Noah masc. proper name, biblical patriarch, from Hebrew Noach, literally "rest." Phrase Noah's ark in reference to the ark in which, according to Genesis, Noah saved his family and many animals, is attested from 1610s. As a child's toy representing Noah's ark, by 1841. The adjective Noachian, in reference to the flood legend, is from 1670s, reflecting the Hebrew pronunciation. Noachical is from 1660s; Noachic from 1773. shrine (n.) Old English scrin "ark (of the covenant); chest, coffer; case for relics," from Latin scrinium "case or box for keeping papers," of unknown origin. From late 14c. as "a tomb of a saint" (usually elaborate and large). A widespread word, compare Dutch schrijn, German Schrein, French écrin, Russian skrynya, Lithuanian skrinė. Related entries & more arcane (adj.) 1540s, from Latin arcanus "secret, hidden, private, concealed," from arcere "to close up, enclose, contain," from arca "chest, box, place for safe-keeping," from PIE root *ark- "to hold, contain, guard" (source also of Greek arkos "defense," arkein "to ward off;" Armenian argel "obstacle;" Lithuanian raktas "key," rakinti "to shut, lock"). Related entries & more hutch (n.) c. 1200, "storage chest" (also applied to the biblical "ark of God"), from Old French huche "chest, trunk, coffer; coffin; kneading trough; shop displaying merchandise," from Medieval Latin hutica "chest," a word of uncertain origin. Sense of "cupboard for food or dishes" first recorded 1670s; that of "box-like pen for an animal" is from c. 1600. coerce (v.) mid-15c., cohercen, "restrain or constrain by force of law or authority," from Old French cohercier, from Latin coercere "to control, restrain, shut up together," from assimilated form of com- "together" (see co-) + arcere "to enclose, confine, contain, ward off," from PIE *ark- "to hold, contain, guard" (see arcane). The unetymological -h- was perhaps by influence of cohere. Related: Coerced; coercing. No record of the word between late 15c. and mid-17c.; its reappearance 1650s is perhaps a back-formation from coercion. Related entries & more propitiatory (adj.) "having the power or intent to effect propitiation," 1550s, from Late Latin propitiatorius "atoning, reconciling," from propitiatus, past participle of propitiare "appease, propitiate" (see propitiation). Earlier in English as a noun, propiciatorie, c. 1300, "the mercy seat, lid or cover of the ark of the covenant," from Late Latin propitiatorium (translating Greek hilasterion in Bible); noun use of neuter singular of propitiatorius. ——————————————————- executor (n.) c. 1300, "person appointed to see that a will is carried into effect," from Anglo-French executour, from Latin executorem/exsecutorem, agent noun from exsequi/exsequi "follow after; carry out, accomplish" (see execution). Fem. form executrix is attested from late 14c. (executrice). Compare executioner, and also executant "one who does or performs" (especially a musical performer), from 1858; executer "one who performs" (1530s). execute (v.) late 14c. "to carry into effect" (transitive, mostly in law with reference to warrants, sentences, etc.), also "carry out or accomplish a course of action" (intransitive), from Old French executer (14c.), from Medieval Latin executare, from Latin execut-/exsecut-, past participle stem of exequi/exsequi "to follow out, to follow to the grave," figuratively "to follow, follow after, accompany, follow up, prosecute, carry out, enforce; execute, accomplish; punish, avenge," from ex- "out" (see ex-) + sequi "follow" (from PIE root *sekw- (1) "to follow"). Meaning "to inflict capital punishment" is from late 15c., from earlier legal sense "perform judgment or sentence on" (early 15c.). Related: Executed; executing. *sekw- (1) Proto-Indo-European root meaning "to follow." It forms all or part of: associate; association; consequence; consequent; dissociate; ensue; execute; extrinsic; intrinsic; obsequious; persecute; persecution; prosecute; pursue; second (adj.) "next after first;" second (n.) "one-sixtieth of a minute;" sect; secundine; segue; sequacious; sequel; sequence; sequester; sociable; social; society; socio-; subsequent; sue; suit; suite; suitor; tocsin. It is the hypothetical source of/evidence for its existence is provided by: Sanskrit sacate "accompanies, follows;" Avestan hacaiti, Greek hepesthai "to follow;" Latin sequi "to follow, come after," secundus "second, the following;" Lithuanian seku, sekti "to follow;" Old Irish sechim "I follow." execution (n.) late 14c., "a carrying out, a putting into effect; enforcement; performance (of a law, statute, etc.), the carrying out (of a plan, etc.)," from Anglo-French execucioun (late 13c.), Old French execucion "a carrying out" (of an order, etc.), from Latin executionem (nominative executio) "an accomplishing," noun of action from past-participle stem of exequi/exsequi "to follow out" (see execute). Specific sense of "act of putting to death" (mid-14c.) is from Middle English legal phrases such as don execution of deth "carry out a sentence of death." Literal meaning "action of carrying something into effect" is from late 14c. John McKay, coach of the woeful Tampa Bay Buccaneers (U.S. football team), when asked by a reporter what he thought of his team's execution, replied, "I think it would be a good idea." Executor and executioner were formerly used indifferently, because both are carrying out legal orders. executive (adj.) 1640s, "capable of performance" (a sense now obsolete), also "of the branch of government that carries out the laws," from Latin executivus, from past participle stem of exequi "follow after; carry out, accomplish" (see execution). The sense of "concerned with or pertaining to the function of carrying into practical effect" is from 1670s. The noun meaning "person or persons invested with supreme executive power in a country" is from 1776, as a branch of government charged with the execution and enforcement of the laws. Meaning "high-ranking businessman, person holding an executive position in a business organization" is by 1902 in American English; hence the adjectival sense "stylish, luxurious, costly" (1970s). Executive privilege in reference to the U.S. president is attested by 1805, American English. administration (n.) mid-14c., "act of giving or dispensing;" late 14c., "management (of a business, property, etc.), act of administering," from Latin administrationem (nominative administratio) "aid, help, cooperation; direction, management," noun of action from past-participle stem of administrare "to help, assist; manage, control, guide, superintend; rule, direct," from ad "to" (see ad-) + ministrare "to serve, attend, wait upon," from minister "inferior, servant, priest's assistant" (see minister (n.)). Early 15c. as "management of a deceased person's estate under a commission from authority." Meaning "management of public affairs" is from 1680s; hence, "executive power in a government" (1731), though later in Britain government was used in this sense. Meaning "a U.S. president's period in office" is first recorded 1796 in writings of George Washington. ``` civil service (n.) "the executive branch of the public service," as distinguished from the military, naval, legislative, or judicial, 1765, originally in reference to non-military staff of the East India Company, from civil in the sense "not military." Civil servant is from 1792. ``` civil (adj.) late 14c., "relating to civil law or life; pertaining to the internal affairs of a state," from Old French civil "civil, relating to civil law" (13c.) and directly from Latin civilis "relating to a society, pertaining to public life, relating to the civic order, befitting a citizen," hence by extension "popular, affable, courteous;" alternative adjectival derivative of civis "townsman" (see city). Meaning "not barbarous, civilized" is from 1550s. Specifically "relating to the commonwealth as secularly organized" (as opposed to military or ecclesiastical) by 1610s. Meaning "relating to the citizen in his relation to the commonwealth or to fellow citizens" also is from 1610s. The word civil has about twelve different meanings; it is applied to all manner of objects, which are perfectly disparate. As opposed to criminal, it means all law not criminal. As opposed to ecclesiastical, it means all law not ecclesiastical: as opposed to military, it means all law not military, and so on. [John Austin, "Lectures on Jurisprudence," 1873] The sense of "polite" was in classical Latin, but English did not pick up this nuance of the word until late 16c., and it has tended to descend in meaning to "meeting minimum standards of courtesy." "Courteous is thus more commonly said of superiors, civil of inferiors, since it implies or suggests the possibility of incivility or rudeness" [OED]. Civil, literally, applies to one who fulfills the duty of a citizen; It may mean simply not rude, or observant of the external courtesies of intercourse, or quick to do and say gratifying and complimentary things. ... Courteous, literally, expresses that style of politeness which belongs to courts: a courteous man is one who is gracefully respectful in his address and manner — one who exhibits a union of dignified complaisance and kindness. The word applies to all sincere kindness and attention. [Century Dictionary, 1895] Civil case (as opposed to criminal) is recorded from 1610s. Civil liberty "natural liberty restrained by law only so far as is necessary for the public good" is by 1640s. Civil Case Court cases that involve disputes between people or businesses over money or some injury to personal rights are called “civil” cases. A civil case usually begins when one person or business (called the "plaintiff") claims to have been harmed by the actions of another person or business (called the "defendant"). civil law the system of law concerned with private relations between members of a community rather than criminal, military, or religious affairs. the system of law predominant on the European continent and of which a form is in force in Louisiana, historically influenced by the codes of ancient Rome. Civil law is a legal system originating in mainland Europe and adopted in much of the world. The civil law system is intellectualized within the framework of Roman law, and with core principles codified into a referable system, which serves as the primary source of law. The civil law system is often contrasted with the common law system, which originated in medieval England, whose intellectual framework historically came from uncodified judge-made case law, and gives precedential authority to prior court decisions.[1] Historically, a civil law is the group of legal ideas and systems ultimately derived from the Corpus Juris Civilis, but heavily overlaid by Napoleonic, Germanic, canonical, feudal, and local practices,[2] as well as doctrinal strains such as natural law, codification, and legal positivism. Conceptually, civil law proceeds from abstractions, formulates general principles, and distinguishes substantive rules from procedural rules.[3] It holds case law secondary and subordinate to statutory law. Civil law is often paired with the inquisitorial system, but the terms are not synonymous. There are key differences between a statute and a code.[4] The most pronounced features of civil systems are their legal codes, with concise and broadly applicable texts that typically avoid factually specific scenarios.[5][4] The short articles in a civil law code deal in generalities and stand in contrast with ordinary statutes, which are often very long and very detailed.

Answer 140

DONOR δότης donor ( female donor ) he who gives ( medicine ) one who donates some organs of his body for transplantation , who donates blood, etc. ( linguistics ) → see the word donor (language) ``` From: δίδωμι twin I give , I deliver donate , donate I offer grant allow dedicate ``` From: δίνω I give I transfer the ownership or use of one thing to another (with or without consideration, permanently or temporarily) ≈ Synonyms : I grant , I transfer , I sell , I give , I lend give me your pencil a little give an alms I will give my car to my son and buy a new one I transfer an item I hold to someone else to hold it give me a suitcase to help you I offer a little girl gave the guest a bouquet grant I give my seat on the bus to an elderly man ( for gestures ) I do the energy that indicates the noun that follows I give a kiss ( kiss ) ( for blows ) I hit someone with, I succeed I give a fist, a punch, a kick, a cuff, etc.

Answer 141

CUSTODIAN - DEPOSITARY θεματοφύλακας depositary, fiduciary, trustee, bailee A custodian is one who has been given a movable thing to keep for a definite or indefinite period of time and has the obligation to return it when requested. The depositary is entitled to claim remuneration from the person who deposited this thing if remuneration has been agreed or if remuneration is inferred from the circumstances. [1] The depositary is one of the two parties to the deposit , which is a contract of obligation law and is regulated by the Civil Code. [2] In colloquial and political discourse, the use of the word "custodian" can mean the usually mature or advanced "guardian" or "guardian" of traditions, ideology, values, etc. However, it is common for the word to be used incorrectly in political discourse, in a way that may create (perhaps deliberately) misunderstandings.

Answer 142

COMMISSIONER From επί + τροπος ἐπιτρέπω • (epitrépō) to entrust, leave (something to someone), turn over (to someone) to permit, allow επιτρέπω • (epitrépo) (past επέτρεψα, passive επιτρέπομαι) allow, permit enable, let (impersonal) επιτρέπεται: it is allowed ανεπίτρεπτος (anepítreptos, “inadmissible”) επιτετραμμένος m (epitetramménos, “chargé d'affaires”) επιτρεπτικός (epitreptikós, “permissive”) επιτρεπτός (epitreptós, “allowed”, adjective) επιτροπεία f (epitropeía, “guardianship, trusteeship”) επιτροπεύω (epitropévo, “to be trustee”) επιτροπή f (epitropí, “committee”) επίτροπος m (epítropos, “guardian, trustee”) and see: τρέπω (trépo, “turn, divert”) επίτροπος commissioner, trustee, commissary, procurator, vestry man, syndic. commissioner who has the official responsibility to manage or administer something, is responsible for someone, etc. τρόπος • (trópos) m (genitive τρόπου); second declension From τρέπω (trépō) +‎ -ος (-os). a turn, way, manner, style a trope or figure of speech a mode in music a mode or mood in logic the time and space on the battlefield when one side's belief turns from victory to defeat, the turning point of the battle. τρέπω • (trépō) I turn Latin torqueō Verb ᾰ̓ποτρέπω • (apotrépō) (transitive) I (cause to) turn away or turn back; turn aside; ward off; keep away (transitive) I (cause to) divert; deter or dissuade; stave off, avert; prevent, halt from happening (middle, passive, reflexive) I turn away from; avert my gaze; cease to pay heed (middle, passive, reflexive) I turn a deaf ear, deflect, shun, avoid (middle, passive, reflexive) I stop, cease, desist from doing something (middle, passive, intransitive) I turn back, return; desert from a party ᾰ̓ποτροπή • (apotropḗ) f (genitive ᾰ̓ποτροπῆς); first declension deterrence, dissuasion prevention μετατρέπω • (metatrépo) (past μετέτρεψα, passive μετατρέπομαι) convert, change into From μετα- (“post-, after”) +‎ τρέπω (“turn”). μετατρέψιμος (metatrépsimos, “possible to be changed”) μετατρεψιμότητα f (metatrepsimótita, “improper”) μετατροπέας m (metatropéas, “inverter”) μετατροπή f (metatropí, “change”) παρεκτρέπω • (parektrépo) (past παρεξέτρεψα, passive παρεκτρέπομαι) lead astray, swerve aside (in the passive) παρεκτρέπομαι to go astray, exceed the bounds, behave improperly Learned from Ancient Greek πᾰρεκτρέπω (parektrépō, “turn aside”). Synchronically analysable as παρ- (“near”) +‎ εκ- (“from, away”) +‎ τρέπω (“turn”). παρεκτραπείς (parektrapeís, “diverted”, participle) (learned), παρεκτραπείσα (parektrapeísa), παρεκτραπέν (parektrapén) Related terms εκτρέπω (ektrépo, “deviate”) έκτροπος (éktropos, “improper”) παρεκτροπή f (parektropí, “deviation; aberration”) προτρέπω • (protrépo) (past προέτρεψα/πρότρεψα, passive προτρέπομαι) urge προ- (“before”) +‎ τρέπω (“turn”). προτρεπτικός (protreptikós, “exhortative”) προτροπή f (protropí, “exhortation”) ``` ἀνατρέπω (anatrépō) ἀντρέπω (antrépō) ἀποτρέπω (apotrépō) διατρέπω (diatrépō) ἐκτρέπω (ektrépō) ἐνεπιτρέπω (enepitrépō) ἐντρέπω (entrépō) ἐπανατρέπω (epanatrépō) ἐπιπεριτρέπω (epiperitrépō) ἐπιτρέπω (epitrépō) κατατρέπω (katatrépō) μετατρέπω (metatrépō) παρατρέπω (paratrépō) παρεκτρέπω (parektrépō) πεδατρέπω (pedatrépō) περιτρέπω (peritrépō) προσανατρέπω (prosanatrépō) προσεπιτρέπω (prosepitrépō) προστρέπω (prostrépō) προτρέπω (protrépō) συμμετατρέπω (summetatrépō) συμπεριτρέπω (sumperitrépō) συμπροτρέπω (sumprotrépō) συνανατρέπω (sunanatrépō) συναποτρέπω (sunapotrépō) συνεπιτρέπω (sunepitrépō) συντρέπω (suntrépō) ὑπανατρέπω (hupanatrépō) ὑπεκτρέπω (hupektrépō) ```

Answer 143

CURATOR επιμελητής trustee, tutor, caretaker, quartermaster, commissary curator male , curator female the man who has undertaken to take care of the most perfect technical and aesthetic appearance of a work curator of antiquities the student who takes turns taking care of the room during the break with the rest of his classmates the curator of the order has to open the windows hospital doctor, who has been practicing in his specialty for a certain period and is in charge of a specific field the curator of the First Pathological Clinic former name for the lower level university teacher, corresponding to the current lecturer

Answer 144

BAILIFF bailiff male or female an unpaid civil servant who undertakes the transfer and delivery of court documents and the execution of court decisions relating mainly to foreclosures or evictions; acts as a self-employed person and is paid for his services by the citizens who choose him. The Bailiff is an unpaid public servant who assists with his services in the administration of Justice by the Courts, as well as in the execution of the decisions they issue (mainly the Civil Courts). The Bailiff provides his services freely, as does the Lawyer or the Notary . The statutory duties of the Bailiff mainly include the service of writs and extrajudicial documents, as well as the compulsory execution of enforceable titles-court decisions, mainly by imposing seizures on any movable and immovable property of debtors, the removal or removal of movable property or encumbered debtors' real estate and their return to their owner. The procedure to be followed when enforcing enforcement is enshrined in the Code of Civil Procedure . Remuneration of the Bailiff Although in practice the Bailiff acts as a freelancer, ie his clients choose him freely, his remuneration is not determined by him arbitrarily, but arises from a decision of the Ministers of Justice and Economy and Finance. This fee is mandatory for the Bailiff. In general, the Bailiff's remuneration results from the sum of the standing entitlement he is entitled to for each type of transaction (eg for service of a writ, seizure, etc.) plus travel expenses calculated based on the distance traveled by the Bailiff for the performance of the act of performance or service. Place of performance of duties The Bailiff exercises his duties only in the district of the court of first instance to which he has been appointed. Exceptionally, the Bailiffs of the regions of the courts of first instance: a) Athens-Piraeus, b) Thessaloniki-Kilkis, c) Patras-Aigio, d) Edessa-Giannitsa, e) Alexandroupolis-Orestiada and f) Syros-Naxos their duties in the regions of both courts of first instance respectively. The Bailiff exercises his duties either alone from his private office at the seat of the Court of First Instance where he is appointed, or in association with Bailiffs of the same Court of First Instance, setting up a civil company for the purpose of jointly providing their services. Appointment of a Bailiff The qualifications for the appointment of a person as a Bailiff are: 1. Age limit from 22 to 40 years. 2. To be a graduate of the Law School of a domestic university or an equal foreigner, recognized by law. 3. Certificate of six months internship in a Bailiff appointed by the Board. of the Association of Bailiffs. 4. The success in a relevant competition for filling vacancies of Bailiffs in the Courts of First Instance that is announced every year by the Ministry of Justice and is carried out in each Court of Appealof the country. Then, while initially the opening of the profession was apparent, in paragraph 10 of article 326 (Government Gazette A 86 / 11.4.2012), it was now defined that the candidate Bailiff is required to be a graduate of the Law School of a domestic university or an equal foreigner, recognized by law . In the meantime the maximum age limit was increased to 45 years and following a decision of the SCC it became unlimited; The last time examinations were conducted was in 2015, among the registered trainees before 2012. Privileges & Rights of a Bailiff The Bailiffs, in the exercise of their function, act as organs of the state in accordance with the requirements of the law. The Bailiff during the exercise of his function enjoys respect from every Authority and person, and is entitled to enter freely in all public stores, in order to perform his duties. Under the Code of Bailiffs, and for the smooth exercise of their duties, the following privileges have been given to Bailiffs: Right to search debtors' assets The Bailiff is entitled, with the sole purpose of finding the assets of debtors, against whom he has an order to carry out a seizure or other enforcement act, to conduct searches in the public books kept in the mortgage offices, cadastral offices, registries, registries, nautical offices, Also, for the same purpose, he is entitled to be informed and to request copies of all the deeds of the notaries to be transferred, the notarial documents, the transfer of ownership of the movable property and the documents related to compulsory execution and are deposited with a notary. Right to verify identity The Bailiff, in the performance of his duties, has the right to carry out an audit to verify the identity of those concerned by the execution or service. In such cases, anyone who refuses to declare his identity or give false information is punished with imprisonment of at least one year or a fine. (see article 23 L.2318 / 1995). Right to request assistance from the Police During the performance of his duties, the Bailiff is entitled to request, when he deems it necessary, the assistance of the competent police authority, which is obliged to assist him immediately, without interfering with his duties and without removing him from his place. execution for any reason before the end of his work. This assistance can also be requested orally or by telephone. (see article 24 L.2318 / 1995). Right to remove persons who obstruct his work In the performance of his duties, the Bailiff is entitled to remove from the place of execution or the attempted act those who obstruct him in any way. Anyone who continues to obstruct is punished for disobedience with imprisonment of up to six months. Right to seek information from neighbors, neighbors, etc. The Bailiff in the performance of his duties has the right to request the necessary information from citizens and in particular from neighbors, neighbors, janitors and administrators apartment buildings or mansions.

Answer 145

REPRESENTATIVE αντι + πρόσωπος Noun πρόσωπο • (prósopo) n (plural πρόσωπα) face character, person ὤψ • (ṓps) f (genitive ὠπός); third declension (the phrase εἰς ὦπα (eis ôpa), in Homer and Hesiod) to the eye; (possibly) in the face (rarely in other forms) eye Synonym: ὀφθαλμός (ophthalmós) ὄψῐς • (ópsis) f (genitive ὄψεως); third declension view From ὄψ (óps, “eye”) +‎ -σῐς (-sis). ἔποψῐς • (épopsis) f (genitive ἐπόψεως); third declension a view over, as far as the view from the temple reached oversight, supervision ἐπ- (ep-, “over”) +‎ ὄψῐς (ópsis, “view”) ``` See also: ἐφορᾰ́ω Verb ἐφορᾰ́ω • (ephoráō) to oversee, watch over to look upon, behold ἐπι- (upon-) +‎ ὁράω (see, behold, sight, vision) ``` ὁράω • (horáō) (intransitive) To look with the eyes [+ εἰς (accusative) = at something or someone] (intransitive) To be able to see; (with negative) to be unable to see, to be blind (transitive) To see, perceive, observe [+accusative and participle = someone doing something, that someone is doing something] (transitive) To make sure [+infinitive = that ...] (intransitive and transitive, figuratively) To see with the mind, understand Adjective ὀπτῐκός • (optikós) m (feminine ὀπτῐκή, neuter ὀπτῐκόν); first/second declension optic, optical, visual From ὀπτός (“visible”) +‎ -ῐκός (“-ic”, adjectival suffix). Adjective ὀπτός • (optós) m (feminine ὀπτή, neuter ὀπτόν); first/second declension seen, visible From ὄπωπᾰ (ópōpa, “I have seen”) +‎ -τός (-tós, “-able”, adjectival suffix). αντιπρόσωπος representative which represents who attends and acts (with relevant authorization ) on behalf of someone else ( economy ) that has the representation of a firm , company or enterprise in a place which is the characteristic species from a group of like. πρός (prós, “towards”) +‎ ὤψ (ṓps, “eye”). ``` πρόσωπον • (prósōpon) n (genitive προσώπου); second declension face, visage, countenance front mask character, part in a drama appearance person ``` προσωποποιῐ́ᾱ • (prosōpopoiíā) f (genitive προσωποποιῐ́ᾱς); first declension dramatization, the putting of speeches into the mouths of characters change of grammatical person From προσωποποιέω (impersonate, act a part) +‎ -ῐ́ᾱ (noun). προσωποποίηση personification to betray personal characteristics in an object ( grammatical ) form of speech that attributes human features to inanimate or abstract example: the stones from the mother's doom also cracked characterization of a person who has some characteristics to an excessive degree my mother-in-law is the personification of evil. ``` Adjective πολῠπρόσωπος • (poluprósōpos) m or f (neuter πολῠπρόσωπον); second declension many-faced, multiform, everchanging with many masks or characters of many persons ``` From πολῠ- (polu-, “much, many”) +‎ πρόσωπον (prósōpon, “face”). Noun προσωπεῖον • (prosōpeîon) n (genitive προσωπείου); second declension mask From πρόσωπον (prósōpon, “face, countenance”) +‎ -εῖον (-eîon). -εῖον • (-eîon) n (genitive -είου); second declension Forms nouns for instruments or means of action from noun-stems. Forms nouns of place. Adjective αἰγοπρόσωπος • (aigoprósōpos) m or f (neuter αἰγοπρόσωπον); second declension goat-faced stamped with a goat's face From αἴξ (aíx, “goat”) +‎ πρόσωπον (prósōpon, “face”). Adjective ἱερᾱκοπρόσωπος • (hierākoprósōpos) m or f (neuter ἱερᾱκοπρόσωπον); second declension hawk-faced From ἱέρᾱξ (hiérāx, “hawk”) +‎ πρόσωπον (prósōpon, “face”). Adjective ἱπποπρόσωπος • (hippoprósōpos) m or f (neuter ἱπποπρόσωπον); second declension horse-faced (used as an epithet of the Moon-goddess) From ἵππος (híppos, “horse”) +‎ πρόσωπον (prósōpon, “face”). —————————————————- HEBREW Noun פַּרְצוּף • (partsúf) m (plural indefinite פַּרְצוּפִים‎) visage, countenance, face Noun פרצוף • (partsef) m, plural פּרצופֿים‎ (partsufem) (derogatory) face, mug —————————————————- PERSONIFICATION προσωποποιέω impersonate, personalize, act a part in a play, role play, mimic, mime. Personification Personification occurs when a thing or abstraction is represented as a person, in literature or art, as an anthropomorphic metaphor. The type of personification discussed here excludes passing literary effects such as "Shadows hold their breath",[1] and covers cases where a personification appears as a character in literature, or a human figure in art. The technical term for this, since ancient Greece, is prosopopoeia. In the arts many things are commonly personified. These include numerous types of places, especially cities, countries and the four continents, elements of the natural world such as the months or Four Seasons, Four Elements,[2] Four Winds, Five Senses,[3] and abstractions such as virtues, especially the four cardinal virtues and sins,[4] the nine Muses,[5] or death. Jean Goujon, The Four Seasons, reliefs on the Hôtel Carnavalet, Paris, c. 1550s. In many polytheistic early religions, deities had a strong element of personification, suggested by descriptions such as "god of". In ancient Greek religion, and the related Ancient Roman religion, this was perhaps especially strong, in particular among the minor deities.[6] Many such deities, such as the tyches or tutelary deities for major cities, survived the arrival of Christianity, now as symbolic personifications stripped of religious significance. An exception was the winged goddess of Victory, Victoria/Nike, who developed into the visualization of the Christian angel.[7] Generally, personifications lack much in the way of narrative myths, although classical myth at least gave many of them parents among the major Olympian deities.[8] The iconography of several personifications "maintained a remarkable degree of continuity from late antiquity until the 18th century".[9] Female personifications tend to outnumber male ones,[10] at least until modern national personifications, many of which are male. Sandro Botticelli, Calumny of Apelles (c. 1494–95), with 8 personification figures: (from left) Hope, Repentance, Perfidy, innocent victim, Calumny, Fraud, Rancour, Ignorance, the king, Suspicion. Personifications are very common elements in allegory, and historians and theorists of personification complain that the two have been too often confused, or discussion of them dominated by allegory. Single images of personifications tend to be titled as an "allegory", arguably incorrectly.[11] By the late 20th century personification seemed largely out of fashion, but the semi-personificatory superhero figures of many comic book series came in the 21st century to dominate popular cinema in a number of superhero film franchises.

Answer 146

PURIST - CLEANSER purist < possessive female of stock purist , share the present tense of the verb ancient purist ; because one of the primary goals of purism after the Turkish occupation was the discharge of the language from foreign language contaminants καθαρευουσιάνος pastor purebred male ( female : purebred ) ( reducing ) one who uses the cleanser

Answer 147

ESTATE TRUSTEE - RECEIVER IN TRUST κατα + πιστευματο + δέκτης κατα + πιστευματο + δόχος καταπίστευμα Trust something that one trusts in another power must be exercised as a trust of the people ( legal ) right to determine a distant heir in case of death of the first - original. trust < Hellenistic common trust (: I trust something to someone, I have faith, belief in someone) + -ma λα neo-Latin fideicommissum (: what was trusted by will ) καταπιστευματοδέκτης trustee ( legal ) is the person (natural or legal) to whom a property or object is transferred by an owner (possessor) for the benefit of the last or third person (beneficiary) δέκτης • (déktis) m (plural δέκτες) recipient, receiver (technology) receiver From Ancient Greek δέκτης (déktēs, “receiver”) from δέχομαι (dékhomai, “to receive”). καταπιστευματοδόχος Trustor / Trustee? -δόχος money b ' synthetic of words denoting a person or thing that accepts what the a' synthetic denotes δέχομαι δέχομαι • (dékhomai) (Attic) To accept, receive

Answer 148

CLERIC - HEIR - LEGACY - HERITAGE - TESTATOR ἄρτος Bread Hebrew לֶחֶם; Food composed of flour mixed with water and baked; the Israelites made it in the form of an oblong or round cake, as thick as one's thumb, and as large as a plate or platter. It was not cut, but broken (see κλάσις and κλάω) κληρονομιά Legacy, heritage property or asset that comes into my possession , prefecture or possession after the death of my relatives This house was bequeathed to us by our grandfather (in general ) anything valuable has been handed down to us from previous generations as a moral or spiritual legacy cultural heritage ``` κλῆρος - Cleric κληροδότης - Legator, Testator, Devisor κληρονομιά - Legacy, heritage κληρονομητήριο - Bequest κληροδοτώ - I give a bequest κληρονομιαίος - Hereditary κληρονομικά - Hereditary κληρονομικός - Hereditary κληρονομικότητα - Heredity κληρονόμος - Heir κληρονομώ - Inherit κληρονόμος - Distribute, allot κλάω - Cast lots, break bread ``` κληροδοσία - bequest κληροδότημα - legacy κληροδότης - legator κληροδότρια - bequest κληροδόχος legatee ( Legal ) who accepts a relatively small value special heritage (a single asset of the deceased) called legacy (by law for a bequest is considered heir irrespective of whether it has designated legatee of the deceased) and does not pay tax on the total assets, but has reduced rights in relation to the heir at the opening of the will. κλήρος lot ticket or other item used in a draw what one gets when something is shared by lot ( metaphorically ) everyone 's share in life, as God shared it, everyone 's fate the parcels , klirotemachia , constituting landed property a ( religion ) all the priests ``` κληρονόμος, ου, ὁ Part of Speech: Noun, Masculine Transliteration: kléronomos Phonetic Spelling: (klay-ron-om'-os) Definition: an heir Usage: an heir, an inheritor. HELPS Word-studies 2818 klēronómos (a masculine noun derived from 2819 /klḗros, "lot" and nemō, "to distribute, allot") – an heir; someone who inherits. ``` [In ancient times, inheritance was often determined by casting lots (such as with land disposition). This practice was attested even in secular life by Herodotus (2:109), Plato (Lg.74), etc. Lot-casting determined land allotments (distribution) related to inheritance, as well as to "title-deeds, legacy, inheritance, heritable estate" (LS).] CLERIC from κλῆρος and the same as nomos ``` κλῆρος, ου, ὁ Part of Speech: Noun, Masculine Transliteration: kléros Phonetic Spelling: (klay'-ros) Definition: a lot Usage: (a) a lot, (b) a portion assigned; hence: a portion of the people of God assigned to one's care, a congregation. ``` Cognate: 2819 klḗros (a masculine noun derived from klēro, "to cast a lot") – properly, a lot, cast to distribute ("apportion"). Scripture encourages casting lots (2819 /klḗros) to better discern the preferred-will of God (cf. 2307 /thélēma and their association in Col 1:9-12). [2818 /klēronómos ("heir") is derived from 2819 /klḗros ("lot, the casting of lots"), not the other way around – i.e. the term "lots" is not derived from 2818 (klēronómos). Moreover, 2819 (klḗros) is not etymologically related to (cognate with) 2975/lagxanō ("to cast lots," see there).] heritage, inheritance, lot, part. Probably from klao (through the idea of using bits of wood, etc., for the purpose; a die (for drawing chances); by implication, a portion (as if so secured); by extension, an acquisition (especially a patrimony, figuratively) -- heritage, inheritance, lot, part. ``` κλάω Part of Speech: Verb Transliteration: klaó Phonetic Spelling: (klah'-o) Definition: to break Usage: I break (in pieces), break bread. ``` νόμος From: νέμω from nemó (to parcel out) νέμω to divide, distribute, apportion), in secular authors from Hesiod down, anything established, anything received by usage, a custom, usage, law νόμος, ου, ὁ Part of Speech: Noun, Masculine Transliteration: nomos Phonetic Spelling: (nom'-os) Definition: that which is assigned, usage, law Usage: usage, custom, law; in NT: of law in general, plur: of divine laws; of a force or influence impelling to action; of the Mosaic law; meton: of the books which contain the law, the Pentateuch, the Old Testament scriptures in general. HELPS Word-studies 3551 nómos – law. 3551 (nómos) is used of: a) the Law (Scripture), with emphasis on the first five books of Scripture; or b) any system of religious thinking (theology), especially when nomos occurs without the Greek definite article. 3551 /nómos ("law") then can refer to "the Law," or "law" as a general principle (or both simultaneously). The particular sense(s) of 3551 (nómos) is determined by the context. law. From a primary nemo (to parcel out, especially food or grazing to animals); law (through the idea of prescriptive usage), genitive case (regulation), specially, (of Moses (including the volume); also of the Gospel), or figuratively (a principle) -- law. νόμος of any law whatsoever: διά ποίου νόμου; Romans 3:27; νόμος δικαιοσύνης, a law or rule producing a state approved of God, i. e. by the observance of which we are approved of God. νόμος of the Mosaic law, and referring, according to the context, either to the volume of the law or to its contents: with the article. ὁ νόμος τοῦ θανάτου, emanating from the power of death. νόμος πίστεως τοῦ Χριστοῦ of the Christian religion: νόμος πίστεως, the law demanding faith, Romans 3:27; τοῦ Χριστοῦ, the moral instruction given by Christ, especially the precept concerning love. περιουσία property the wealth in movable and immovable property that one possesses. μοίρα Fate the share of the Merton the deceased no precaution in his will for his children, but they will pursue legal fate their Or it has no fate in the sun the destiny , it meant the root Or no one knows what fate has in store for him μοιράδι Share, ones lot ————————————————————— ``` Συγγενικές λέξεις[επεξεργασία] ετυμολογικό πεδίο μοιρ- μοιράδι μοιράζω μοιραίνω μοιραίος μοιρασιά ``` ``` Related words etymological field share- share share share fatal division ``` ``` —————————————————— Σύνθετα[επεξεργασία] αδερφομοιράδι αδερφομοίρι αδιαμοίραστος αμοίραστος αμοιρολόγητος άμοιρος βαριόμοιρος διαμοιράζω διμοιρία διμοιρίτης δύσμοιρος ειμαρμένη ισομοιρία καλομοίρα καλομοίρης κακομοίρης κακομοιριά κακομοιριασμένος κακομοίρικα κακομοίρικος κακόμοιρος μεμψιμοιρία μεμψίμοιρος μεμψιμοιρώ μισοκακόμοιρος μοίραρχος μοιρογνωμόνιο μοιρολατρία μοιρολογώ μοιρολόι ξαναμοιράζω ψευτοκακόμοιρος ψωροκακόμοιρος ``` ``` Advanced fraternity fraternity undivided undistributed unlamented hapless bariomiros mete platoon διμορίτης unfortunate attached equality good luck benevolent poor misery ill-fated badly κακομοίρικος beggarly self pity querulous cavil misfortune colonel protractor fatalism keen dirge I share again pseudo-villain psorokakomiros ``` ——————————————————————— ``` Συγγενικές λέξεις[επεξεργασία] ακληρία ακληρονόμητος άκληρος ακλήρωτος αντικληρικισμός αντικληρικά αντικληρικαλισμός αντικληρικός απόκληρος αποκληρωμένος αποκληρώνω αποκλήρωση κλήρα κληρικαλισμός κληροδοσία κληροδότημα κληροδότης κληροδότρια κληροδοτώ κληροδόχος κληρονομία κληρονομιά κληρονομιαίος κληρονομικός κληρονομικότητα κληρονόμος κληρονομώ κληρουχία κληρούχος κληρωμένος κληρώνω κλήρωση κληρωτίδα κληρωτός ναύκληρος ξεκληρίζω ξεκλήρισμα συγκληροδόχος συγκληρονομία συγκληρονόμος συγκληρονομώ → δείτε τη λέξη ολόκληρο ``` ``` Related words [ edit ] misery inherited heirless incomplete secularism anti-clerical anti-clericalism anticlerical outcast finished disinherit disinheritance lot clericalism bequest legacy legator bequest bequeath legatee legacy legacy hereditary hereditary heredity heir inherit inheritance heir drawn draw draw lottery conscript boatswain clear clearing co-conspirator inheritance co-heir I conclude Or see the word whole ```

Answer 149

TESTATOR - GRANTOR - DONOR διαθέτης - testator, willer ( legal ) one who by will (or other legally binding document ) owns / grants something to someone. διατίθημι τίθημι , middle voice: τίθεμαι I set , I place , I put something somewhere ( with causal or dative ) I give something to someone ( with indistinguishable ) I consider or place . ``` θής male ( female : θ θησσα / θῆττα ) ( history ) thetis slave , submissive worker servant ``` ``` θήτης thetis masculine (usually in the plural: thetes ) ( history ) Athenian citizen without property or stable income , member of the lower class ( five hundred and thirty-one , three hundred and one- half / horsemen , two-hundred- and- two / couples , thetes ) in the 6th century BC. ``` θετεύω ( scholar ) I apprentice to an important creator or artist , engaged in a (significant) art or activity. θήτευση appointment ( scholar ) the process or the result of 'x’ τίθεμαι tithemai: I am put, I am placed by (passive voice of set ) ( scholar ) on a topic that begins to be discussed or proposed for discussion the question that arises is the following ( scholar ) for a person or thing whose situation changes with official action the employee is put on holiday by decision of the disciplinary board tomorrow put in place new measures on the table : on a topic that is proposed to be discussed

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