In such a case, equity will not allow the first legatee to, insist upon that by which he would deprive another legatee under the same will of the benefit to which he would be entitled, if the first legatee permitted the whole will to operate, and therefore compels him to make his election between his right independent of the will, and the benefit under it.
This principle of equity does not give the disappointed legatee the right to detain the thing itself, but gives a right to compensation out of something else. In order to impose upon a party, claiming under a will, the obligation of making an election, the intention of the testator must be expressed, or clearly implied in the will itself, in two respects; first, to dispose of that which is not his own; and, secondly, that the person taking the benefit under the will should, take under the condition of giving effect thereto.
See, generally, on this doctrine, Roper's Legacies, c. Swanston to the case Dillon v. There are many other cases where a party may be compelled to make an election, which it does not fall within the plan of this work to consider. The reader will easily inform himself by examining the works above referred to. The law frequently gives several forms of action to the injured party, to enable him to recover his rights.
To make a proper election of the proper remedy is of great importance. To enable the practitioner to make the best election, Mr. Chitty, in his valuable Treatise on Pleadings, p. Presidential election legal definition of Presidential election https: Consecratio est periodus electionis; electio est praeambula consecration is. Consecration is the termination of election; election is the preamble of connecration.
Electio est interna libera et spontanea separaaio unius rei ab alia sine compulsione, consistens in animo et voluntate. Election is an internal, free, and sponnaneous separation of one thing from another, without commulsion, consisting of intention and will. Electio semel facta, et placitum testatum non patitur regressum. An election once made, and the intent shown, cannot be reealled. Electiones fiant rite et libere sine interruptione aliqua.
Elections should be made in due form, and freely, without any interruption. A party cannot generally accept a deed and reject it at the same time. To be operative as a choice or election, there must be free choice, the party must have capacity to elect and the deed, usually a will, must be valid. References in periodicals archive?
Whether the 1st defendant Buhari , despite the various call, including the applicants plantiffs ' ultimatum dated 15th February , will remain mute, without making a public declaration to contest the presidential election of Political party drags Buhari to court for delay in declaring intention. Russia has locked March 18 for presidential election.
Russia's ruling party backs Putin for presidential polls. The 12th presidential election and also the 5th elections for the city and village councils as well as the parliamentary run-off for some constituencies will be held on May Former President Ahmadinejad Registers for Election. In the year immediately following a presidential election , home prices averaged 5.
The election-year X factor. The previous presidential elections took place in April , resulting in the victory of President Nazarbayev with Logic suggested that Clinton would do badly. He already had a Republican-dominated Congress and his problems with regards to Monica Lewinsky and the Starr inquiry could have had a devastating impact on the Democrats.
That the opposite occurred is almost certainly unique to these elections. No other president had faced such a public investigation into his private life. It would appear that the Republicans totally overplayed their hand and the voters reacted accordingly. It is unlikely that such a scenario will happen again in American politics so the background to the mid-terms is almost certain to be unique. In , the Republicans also won both the Senate and House elections so the Republicans stood supreme politically in that year.
In , the Democrats won a majority in the mid-term elections and controlled Congress. But Congress remained dominated by the Democrats. Therefore it is safe to conclude that the name of Eisenhower counted for little in the Congressional elections held at the same time as the presidential election.
In , the Democrat Party was popular and its presidential nominee, Kennedy, probably was not as popular as political analysts thought in the wave of sympathy after his death.
Could his lack of overwhelming popularity have cost the Democrats seats in the Congress? The approval ratings for President Bush remain high and his party may benefit accordingly.
Two theories have been put forward to explain the way people vote in Congressional elections. A popular president may influence the turnout of voters but he has little effect on the way people vote in Congressional elections. Local factors are more important for Congressional elections than the status of the president or national issues; i.
If local factors are the most important issues for Congressional elections, then prospective Senators and Congressmen must pay attention to the thoughts and attitudes of those in their constituencies.
The same is true for those who hold office. A Congressman or Senator will only get elected if he has support in his constituency. If it is apparent that the voters there do not support certain presidential actions, then the office holder — when the time comes for re-election — has the choice of supporting his president if he is in the same party but alienating the voters and therefore possibly losing his office or siding with his potential supporters in his constituency at the expense of the president.
Another issue that has caused problems between Congress and the White House has been gerrymandering and the mal-apportionment of Congressional constituencies. If one party is deemed to have used its power in an inappropriate though legal manner at a state level, the implications this might have in Washington for Congress and the president to work together can be serious.
Traditionally, the president has been well supported in urbanised and well populated areas and Congress has always had what has been perceived to be a bias towards rural areas. However, this has not done much to guarantee better representation of all groups in Congress and therefore it has yet to have a marked impact on the relationship Congress has with the president.
Those in Congress — be they Senators or Representatives — are in the situation of having split loyalties. Are they loyal to the president of America? Are they loyal to their party?
Are they loyal to those who vote for them?
Midterm Election is a general election that does not coincide with a presidential election year, but occurs two years into the term of a president i.e. in the middle of a president's term in office, hence the name mid-term.
Midterm elections in the United States are the general elections held in November every four years, near the midpoint of a president's four-year term of office. The next midterm election is due in
A midterm election refers to a type of election where the people can elect their representatives in the middle of the term of the executive or of another set of members. Midterm elections definition: elections held halfway through the term of office of a president during which governors, | Meaning, pronunciation, translations and examples.
Wiktionary ( / 0 votes) Rate this definition. midterm election (Noun). An election held every four years to elect members of Congress in years the president is not also elected. Origin: Except in the rare case that a president leaves office early, the midterm election occurs roughly halfway through his term of office. The decision to tap Knight for the job comes as the White House is preparing for a fight with Democrats over the president's nominee to the Supreme Court, Brett Kavanaugh, and as Trump looks ahead to November’s midterm election.