Dictionary Search: "Session" - Pakistan Law Portal

Court of General Quarter Sessions of the Peace

Hist. 1. English law. A court of criminal jurisdiction held in each county (or borough) once in every quarter of a year. * The court was made up of a county's justices of the peace. It committed certain cases to the Assizes. Quarter Sessions were abolished in 1971, with most jurisdiction transferred to the Crown Court. - Often shortened to Quarter Sessions; Sessions. "The court of general quarter sessions of the peace is a court that must be held in every county, once in every quarter of a year .... It is held before two or more justices of the peace, one of which must be of the quorum. The jurisdiction of this court, by statute 34 Edw. III. c. I. extends to the trying and determining all felonies and trespasses whatsoever, though they seldom, if ever, try any greater offence than small felonies within the benefit of clergy ...." 4 William Blackstone, Commentaries on the Laws of England 268 (1769) 2. A court held in some states four times a year with jurisdiction over misdemeanors and occasionally tasks of an administrative nature, such as the care of public roads and bridges. -Often shortened to Quarter Session Court. -Also termed Court of Quarter Sessions of the Peace.

Court of Great Sessions in Wales

Hist. A common-law court established in 1543 in Wales with jurisdiction equivalent to that of the English assizes. ( The Court of Great Sessions was bound to follow English law, but not necessarily English case precedent. - Also termed King's Great Sessions in Wales "There was no outcry when, in 1536, the sinister usages and customs' of the Welsh were abrogated and Welsh subjects were granted the same laws and liberties as the English .... A new system of courts, called the Great Sessions in Wales, was set up. The courts were to sit twice a year in four circuits, each comprising three counties, and to each circuit were appointed justices learned in the laws of this realm'. These courts operated alongside the English courts, and they had the same jurisdiction in Wales as the King's Bench and Common Pleas had in England .... In 1830 the Great Sessions were abolished, and by complete procedure

Court of Quarter Sessions of the Peace

See COURT OF GENERAL QUARTER SESSIONS OF THE PEACE.

Court of Session

1. Scots law. The supreme Scottish civil court, having divisions for trials and for hearing appeals. ( Its jurisdiction corresponds generally to the English High Court of Justice. It has two appellate chambers, the First and Second Division, and several Lords Ordinary, who sit singly as trial judges. 2. In a few states, a court with jurisdiction over criminal cases.

Donatio perlcitur possessione accipientis

A gift is rendered complete by the possession of the receiver.

King's Great Sessions in Wales

See COURT of GREAT SESSIONS IN WALES.

Non possessori incumbit necessitas probandi possessiones ad se pertinere

It is not incumbent on the possessor of property to prove that his possessions belong to him.

Non valet confirmatio, nisi ille, qui confirmat, sit in possessione rei vel juris uncle fieri debet confirmatio; et eodem modo, nisi ille cui confirmatio fit sit in possessione

Confirmation is not valid unless the person who confirms is in possession either of the thing or of the right of which confirmation is to be made, and, in like manner, unless that person to whom confirmation is made is in possession.

Nul charter, nul vente, ne nul done vault perpetualment, si le donor West seine al temps de contracts de deux droits, sc. del droit de possession et del droit de proper ite

No grant, no sale, no gift, is valid foreveunless the donor, at the time of the contract, i seised of two rights, namely, the right of T);, session and the right of propert

Possession

n. 1. The fact of having or holding property in one's power; the exercise of dominion over property. 2. The right under which one may exercise control over something to the exclusion of all others; the continuing exercise of a claim to the exclusive use of a material object. 3. (usu. pl.) Something that a person owns or controls; PROPERTY (2). 4. A territorial dominion of a state or nation. Cf OWNERSHIP; TITLE (1). [A]s the name of Possession is ... one of the most important in our books, so it is one of the most ambiguous. Its legal senses (for they are several) overlap the popular sense, and even the popular sense includes the assumption of matters of fact which are not always easy to verify. In common speech a man is said to possess or to be in possession of anything of which he has the apparent control, or from the use of which he has the apparent power of excluding others .... [A]ny of the usual outward marks of ownership may suffice, in the absence of manifest power in some one else, to denote as having possession the person to whom they attach. Law takes this popular conception as a provisional groundwork, and builds up on it the notion of possession in a technical sense, as a definite legal relation to something capable of having an owner, which relation is distinct and separable both from real and from apparent ownership, though often concurrent with one or both of them." Frederick Pollock & Robert Samuel Wright, An Essay on Possession in the Common Law 1-2 (1888). "In the whole range of legal theory there is no conception more difficult than that of possession. The Roman lawyers brought their usual acumen to the analysis of it, and since their day the problem has formed the subject of a voluminous literature, while it still continues to tax the ingenuity of jurists. Nor is the question one of mere curiosity or scientific interest, for its practical importance is not less than its difficulty. The legal consequences which flow from the acquisition and loss of possession are many and serious. Possession, for example, is evidence of ownership; the possessor of a thing is presumed to be the owner of it, and may put all other claimants to proof of their title." John Salmond, Jurisprudence 285 (Glanville L. Williams ed., 10th ed. 1947).

Pro possessione praesumitur de jure

From possession arises a presumption of right.

Quarter Sessions Court

See COURT OF GENERAL QUARTER SESSIONS OF THE PEACE.

Repossession

n. The act or an instance of re-, taking property; esp., a seller's retaking of goods sold on credit when the buyer has failed to pay for them. - Often shortened to repo. -repossess, ub. Cf. FORECLOSURE.

Session

1. A sitting together or meeting of a court, legislature, or other deliberative body so that it can conduct business <the court's spring session>. - Also termed (for a court) sitting. See TERM (5). 2. The period within any given day during which such a body is assembled and performing its duties <court is in session>.

Sine possessione usucapio procedere non, potent

Without possession, prescription (Roman usucapio) cannot proceed.

act of possession.

Conduct indicating an intent to claim the property in question as one's own; esp., conduct that supports a claim of adverse possession. act of providence. See ACT OF GOD.

actual change of possession.

A real, rather than constructive, transfer of ownership. 0 A creditor of the transferor cannot reach property that has actually changed possession. actual controversy. See CONTROVERSY (2), (8).

actual possession

Physical occupancy or control over property. Cf constructive possession.

adverse possession

See ADVERSE POSSESSION.

biennial session

A legislative session held every two years. ( Most state legislatures have biennial sessions, usu. held in odd-numbered years.

bona fide possession

Possession of property by a person who in good faith does not know that the property's ownership is disputed.

bona fide possession.

See POSSESSION (3)

borough sessions

Criminal court sessions held before a municipal recorder. Cf BOROUGH COURTS; RECORDER (1).

chose in possession

Personal property for which title and possession unite in the sam( person. - Also termed thing in Possession

civil possession

See POSSESSION (3J

closed session

See SESSION.

closed session.

1. A session to which parties not directly involved are not admitted. 2. Military law A period during a court-martial when the members (or the judge, if trial is before a military judge) deliberate alone. -Also termed closed court

constructive adverse possession

adverse possession in which the claim arises from the claimant's payment of taxes under color of right rather than by actual possession of the land. adverse title see title (2).

constructive possession

Control or dominion over a property without actual possession or custody of it. - Also termed effective possession; possessio fictitia. Cf. actual possession.

contentious possession

See hostile possession under POSSESSION.

corporeal possession

Possession of a material object, such as a farm or a ,coin. - Also termed natural possession; possessio corporis; (Ger.) Sachenbesitz.

corpus possessionis

[Latin] Roman law. A thing possessed by someone. See animus possidendi under ANIMUS.

court of petty sessions

See magistrate's court under COURT.

court of special session

See COURT.

covenant for possession

A covenant giving a grantee or lessee possession of land.

debtor-in-possession

Bankruptcy. A Chapter 11 or 12 debtor that continues to operate its business as a fiduciary to the bankruptcy estate. ( With certain exceptions, the debtor-inpossession has all the rights, powers, and duties of a Chapter 11 trustee. - Abbr. DIP.

derivative possession

Lawful possession by one (such as a tenant) who does not hold title.

derivative possession.

See POSSESSION

direct possession

See immediate possession.

dispossession

n. Deprivation of, or eviction from, possession of property; ouster. dispossessor. A person who dispossesses.

effective possession

See constructive possession.

estate in possession

See ESTATE.

exclusive possession

The exercise of exclusive dominion over property, including the use and benefit of the property.

executive session

A session of a board or governmental body that is closed to the public and that only invited persons may attend. "Virtually all open meeting statutes expressly authorize the use of executive sessions, typically specifying the particular circumstances in which executive sessions are permitted. When the specific circumstances are specified, generally no other exceptions are permitted .. . . Use of the executive session to discuss matters not properly hidden from the public is a clear violation of the open meeting law. Many states expressly or implicitly forbid use of the executive session as a subterfuge to defeat the purposes of the open meeting law." Ann Taylor Schwing, Open Meeting Laws § 7.1 (2d ed. 1999).

extra session

See special session under SESSION.

extraordinary session

See special session. extra session. See special session.

habere facias possessionem

n. [Law Latin "that you cause to have possession"] Hist. A writ giving a supcessful ejectment-action plaintiff the possession of the recovered land. -Often shortened to habere facias or hab. fa.

hostile possession

Possession asserted against the claims of all others, including the record owner. See ADVERSE POSSESSION.

hostile possession.