Constructive Eviction at Legal Glossary What is it? When a landlord provides housing that is so substandard that a landlord has legally evicted the tenant.
Constructive Trust definition:
A trust which a court declares or imposes onto participants in very specific circumstances such as those giving rise to an action for unjust enrichment, ...
Constructive Dismissal
An employee resigns if he leaves his employment as a matter of choice. However, where there is a serious breach by the employer of the employment contract, the employee may be entitled to resign and claim constructive dismissal.
Constructive Reduction to Practice: A reduction to practice involves physical verification of the operability of the invention or its suitability for its intended purpose. When one files a U.S.
Constructive Discharge: A type of termination of the employment relationship in which the employee quits, but the employer is liable as if a wrongful termination occurred, ...
Constructive Breaking Into A House. In order to commit a burglary, there must be a breaking of the house that may be actual or constructive. A constructive breaking is when the burglar gains an entry into the house by fraud, conspiracy or threat.
Constructive dismissal
Constructive dismissal is a form of dismissal where the employee is entitled to treat him/herself as dismissed due to the employer's conduct.
constructive: as an adjective, this word can mean fictional, or imposed by law, as opposed to real.
Constructive damages. Such damages as are imputed in law from an act of wrong to another person.
Nominal damages. A trivial sum awarded where a mere breach of duty or infraction of right is shown, with no serious loss sustained.
Constructive Dismissal:
Under the employment law of some jurisdictions, judges will consider a situation where there has been a fundamental violation of the rights of an employee, by the employer, ...
Constructive Abandonment: The refusal of one spouse to engage in sexual relations with the other spouse. In some states and provinces this is considered grounds for divorce if lasting for a certain length of time.
Constructive Manslaughter
Constructive manslaughter is also referred to as 'unlawful act' manslaughter.
Constructive dismissal
Where there has been a fundamental breach of an employment contract by the employer, ...
Constructive trust
Definition
1 : an implied trust imposed by a court to prevent the unjust enrichment of one who has wrongfully obtained (as through fraud or bad faith) title to the property or a property interest of another ...
A constructive felonious taking occurs when, under pretence of a contract, the thief obtains the felonious possession of goods; as, when under the pretence of hiring, he had a felonious intention at the time of the pretended contract, ...
A great constructive era had opened, and its outcome was a large and noble book. The author was Henry of Bratton (his name has been corrupted into Bracton), who died in 1268 after having been for many years one of Henry III.'s justices.
Note that constructive notice trumps actual notice. For example: Someone who is served improperly, but actually recieves the papers may dismiss the case for lack of notice; while someone who is properly served (recieves constructive notice), ...
Positive or constructive action rather than inaction. Affirmative action programs and regulations attempt to compensate for discriminatory practices that have in the past denied fair consideration to members of minority groups.
Constructive Trust A type of trust that may arise where one person contributes to the worth of another person's property.
Contempts are, generally, of two kinds, direct and constructive. Direct contempts are those committed in the immediate view and presence of the court (such as insulting language or acts of violence) or so near the presence of the court as to ...
Similar to a constructive trust but for resulting trusts, the court presumes an intention to create a trust; ...
A contempt of court can be classified as civil or criminal, direct or constructive.
The legal theory behind unjust enrichment is the constructive trust, which the court imposes upon the circumstances to hold the person unjustly enriched as the trustee for the person who should properly get the property back, ...
Constructive notice to the public of the registrant's claim of ownership of the mark (15 U.S.C. Section 1072); ...
It is similar to a constructive trust but the court will presume an intention to create a trust. The court will assume that the possessor of property is only holding it in trust for the rightful owner.
Service by publication is used to give "constructive notice" to a defendant who is intentionally absent, in hiding, unknown (as a possible descendant of a former landowner), ...
larceny - An actual or constructive taking away of the goods or property of another without the consent and against the will of the owner with a felonious intent t deprive the owner thereof.
the act of expelling (kicking out) someone from real property either by legal action (suit for unlawful detainer), a claim of superior (actual) title to the property, or actions which prevent the tenant from continuing in possession (constructive ...
Contempt of court can be direct (swearing at a judge or violence against a court officer) or constructive (disobeying a court order). The punishment for contempt is a fine or a brief stay in jail (i.e. overnight).
A trustee "of his own wrong"; a person who is not a regularly appointed trustee but because of his or her inter meddling with the trust and the exercise of some control over the trust property, can be held by a court as "constructive" trustee which ...
Termination of the employee's contract with or without notice
Expiry of a fixed-term contract
The conduct of the employer (e.g. by being unreasonable) allows the employee to leave without notice. Such a dismissal is known as a "Constructive".
constructive trust). Expunge To physically erase; to white or strike out. To "expunge" something from a court record means to remove every reference to it from the court file.
 See also: Law, Person, Court, Right, Property
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