Constructive

Constructive
"Legal Lexicon":
CONSTRUCTIVE - That which is interpreted.
Constructive Presence. The commission of crimes is when a party is not actually present, but an eye-witness to its commission and watches while another commits the crime.
Constructive Larceny. One where the taking was not apparently felonious, but by construction of the prisoner's acts it is just to presume he intended at the time of taking to appropriate the property feloniously to his own use as when he obtained the delivery of the goods animo furandi.
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. A familiar instance of constructive breaking is the case of a burglar who, coming to the house under pretence of business, gains admittance and then commits such acts as if there had been an actual breaking, would have amounted to a burglary.
Constructive Notice. Such a notice that, although it be not actual, is sufficient in law; an example of this is the recording of a deed, which is notice to all the world, as is the pendancy of a suit a general notice of an equity.
Constructive Annexation. The annexation to the inheritance by the law of certain things which are not actually attached to it; for example, the keys of a house and heir looms are constructively annexed.
Constructive Fraud. A contract or act which, not originating in evil design and contrivance to perpetuate a positive fraud or injury upon other persons, yet by its necessary tendency to deceive or mislead them, to violate a public or private confidence or to impair or injure public interest, is deemed equally reprehensible with positive fraud, and therefore is prohibited by law, as within the same reason and mischief as contracts and acts done malo animo.
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English-Chinese law dictionary (法律英汉双解大词典). 2013.

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Look at other dictionaries:

  • constructive — con·struc·tive /kən strək tiv/ adj: created by a legal fiction: as a: inferred by a judicial construction or interpretation b: not actual but implied by operation of the law made a constructive entry when he refused to take the opportunity for a… …   Law dictionary

  • Constructive — Con*struct ive, a. [Cf. F. constructif.] 1. Having ability to construct or form; employed in construction; as, to exhibit constructive power. [1913 Webster] The constructive fingers of Watts. Emerson. [1913 Webster] 2. Derived from, or depending… …   The Collaborative International Dictionary of English

  • constructive — UK US /kənˈstrʌktɪv/ adjective ► useful and likely or intended to improve something: »a constructive dialogue/discussion/meeting »Listening to constructive criticism of certain aspects of your work should help you to make the most of your… …   Financial and business terms

  • constructive — in general use means ‘helpful, positive’, as in constructive criticism. In this meaning it is the opposite of destructive. In legal language it is often applied to ‘what in the eye of the law amounts to the act or condition specified’ (OED), and… …   Modern English usage

  • constructive — [kən struk′tiv] adj. [ML constructivus] 1. helping to construct; leading to improvements or advances; formative; positive [constructive criticism] 2. of construction or structure 3. inferred or implied by legal or judicial interpretation… …   English World dictionary

  • constructive — early 15c., derived by interpretation, from M.Fr. constructif or from M.L. constructivus, from L. construct , pp. stem of construere to heap up (see CONSTRUCTION (Cf. construction)). Meaning pertaining to construction is from 1817; having the… …   Etymology dictionary

  • constructive — *implicit, virtual Analogous words: inferential, ratiocinative (see under INFERENCE): implied, involved (see INCLUDE) Antonyms: manifest Contrasted words: express, *explicit, definite: *evident, patent, obvious …   New Dictionary of Synonyms

  • constructive — [adj] helpful effective, positive, practical, productive, useful, valuable; concept 401 Ant. destructive, hurting, injurious, negative, unhelpful …   New thesaurus

  • constructive — ► ADJECTIVE 1) serving a useful purpose. 2) Law derived by inference; not stated explicitly. DERIVATIVES constructively adverb constructiveness noun …   English terms dictionary

  • constructive — That which is established by the mind of the law in its act of construing facts, conduct, circumstances, or instruments. That which has not the character assigned to it in its own essential nature, but acquires such character in consequence of… …   Black's law dictionary

  • constructive — That which is established by the mind of the law in its act of construing facts, conduct, circumstances, or instruments. That which has not the character assigned to it in its own essential nature, but acquires such character in consequence of… …   Black's law dictionary

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