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A lawyer without books would be like a workman without tools.
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Legal Definitions - darrein
If the law is on your side, pound the law. If the facts are on your side, pound the facts. If neither the law nor the facts are on your side, pound the table.
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Definition of darrein
Definition: Darrein (dar-ayn) is an adjective that means "the last." It is often used in legal contexts, such as darrein presentment, which refers to the last presentation of a clerk to a benefice.
Example: In an assize of darrein presentment, a person with a right of advowson that had been disturbed by another claimant can have a jury determine who had last presented a clerk to a benefice and then allow that person to present again and recover damages for interference.
This example illustrates how darrein is used in a legal context to refer to the last presentation of a clerk to a benefice. The term is important in determining who has the right to present a clerk and can be used in legal proceedings to settle disputes over this right.
A 'reasonable person' is a legal fiction I'm pretty sure I've never met.
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Simple Definition
Darrein means "the last" in French. It is used in legal terms like darrein presentment, which means the last presentation of a clerk to a benefice. This can be determined by a jury in an assize of darrein presentment. An assize is a session of a court or council, and it can also refer to a law enacted by such a body. There are different types of assizes, such as the grand assize for resolving disputes concerning real property, and the assize of novel disseisin for a tenant who has been disseised of lands and tenements.
The young man knows the rules, but the old man knows the exceptions.
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