Juridical Dictionary

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8526
juridical terms

A vinculo matrimonii




A vinculo matrimonii

From the bond of marriage. A marriage may be dissolved a vinculo, in many states, as in Pennsylvania, on the ground of canonical disabilities before marriage, as that one of the parties was legally married to a person who was then living; impotence, and the like adultery cruelty and malicious desertion for two years or more. In New York a sentence of imprisonment for life is also a ground for a divorce a vinculo. When the marriage is dissolved a vinculo, the parties may marry again but when the cause is adultery, the guilty party cannot marry his or her paramour.

RELATED TERMS
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Bond
A written agreement by which a person insures he will pay a certain sum of money if he does not perform certain duties property.

Marriage
A contract made in due form of law, by which a free man and a free woman reciprocally engage to live with each other during their joint lives, in the union which ought io exist between husband and wife. By the terms freeman and freewoman in this definition are meant, not only that they are free and not slaves, but also that they are clear of all bars to a lawful marriage.

States
By this name are understood in some countries, the assembly of the different orders of the people to regulate the affairs of the commonwealth, as, the states general.

Pennsylvania
The name of one of the original states of the United States of America. Pennsylvania was occupied by planters of various nations, Dutch Swedes, English, and others; but obtained no separate name until the year 1681, when Charles II. granted a charter to William Penn, by which he became its proprietary, saving, however, allegiance to the crown, which retained the sovereignty of the country.

Parties
Contracts. Those persons who engage themselves to do, or not to do the matters and things contained in an agreement.

Person
This word is applied to men, women and children, who are called natural persons.

Adultery
Voluntary sexual intercourse between a married person and another person who is not their married spouse. In most countries, this is a legal ground for divorce. The person who seduces another's spouse is known as the "adulterer." In old English law, this was also known as criminal conversation.

Malicious
With bad, and unlawful motives; wicked.

Desertion
"1) Criminal law. An offence which consists in the abandonment of the public service, in the army or navy, without leave. 2) Torts. The act by which a man abandons his wife and children, or either of them.

Years
Estate for years.

York
Statute of York.The name of an English statute.So called because it was enacted at York.It contains many wise provisions and explanations of former statutes

Sentence
A judgment, or judicial declaration made by a judge in a cause. The term judgment is more usually applied to civil, and sentence to criminal proceedings.

Imprisonment
1) The restraint of a person contrary to his will. Imprisonment is either lawful or unlawful; lawful imprisonment is used either for crimes or for the appearance of a party in a civil suit, or on arrest in execution. 2) Imprisonment for crimes is either for the appearance of a person accused, as when he cannot give bail; or it is the effect of a sentence, and then it is a part of the punishnient. 3) Imprisonment in civil cases takes place when a defendant on being sued on bailable process refuses or cannot give the bail legally demanded, or is under a capias ad satisfaciendum, when he is taken in execution under a judgment.

Life
The aggregate of the animal functions which resist death. Bichat.

Divorce
The divorce is the legal ending of a marriage. Divorcing refers to limited aspects: to get a judgment of divorce and to make arrangements for distribution of property, child custody and spousal support, in some cases. A divorce starts with a petition (complaint) made by spouse (petitioner) and ends with an order for divorce called judgment. The petition is a standard document for divorce that shows the facts and issues and what the petitioner wants. After being filed with the court, it is served on the other spouse to give notice that the divorce case has started. Then the other spouse (respondent) can file a response, if necessary, but within a stated time (30 days after the petition is served). If a response is filed, the divorce case is “contested” and if there is no response, the case is “uncontested”. The uncontested divorce is relatively simple: it consists in paperwork and red tape to judgment. Some couples might need working out a written marital settlement agreement. A petitioner’s appearance in court might be required, although many states have procedures that don’t require hearing. Contested divorce has many complicated steps, the presence of a lawyer being very helpful and efficient in saving time and emotional stress. A contested divorce can become uncontested if one spouse simply drops out of the contest or if the spouses reach an agreement. About 95% of all divorce cases are able to reach agreement and settle without the need to go to trial. Collaborative divorce involves two clients and two attorneys who work together to reach a settlement with best possible result for both parties after negotiations of financial issues and custody. The law is used to impose a decision only when there is a disagreement brought into court. When children are involved, the judge might take a look at the terms to make sure they are well supported and protected.

When
1) At which time, in wills, standing by itself unqualified and unexplained, this is a word of condition denoting the time at which the gift is to continence. 2) The context of a will may show that the word when is to be applied to the possession only, not to the vesting of a legacy; but to justify this construction, there must be circumstances, or other expressions in the will, showing such to have been the testator's intent.

Cause
1) Civil law. It signifies the delivery of the thing, or the accomplishment of the act which is the object of a convention. 2) It is the consideration or motive for making a contract. 3) Pleading. The reason; the motive. 4) Practice. A contested question before a court of justice; it is a Suit or action.

Guilty
The state or condition of a person who has committed a crime, misdemeanor or offence. This word implies a malicious intent, and must be applied to something universally allowed to be a crime.

Party
Practice, contracts. When applied to practice, by party is understood either the plaintiff or defendant. In contracts, a party is one or more persons who engage to perform or receive the performance of some agreement.



SIMILAR TERMS
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PREVIOUS AND NEXT TERMS
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A plea in abatement is one mode
Sometimes it is the duty of the court to abate a writ ex oficio. Where the writ is a nullity, so that judgment thereon would be incurably erroneous, it is de facto abated.

A prendre
French.To take, to seize, in contracts, as profits a prendre or a right to take something out of the soil.

A quo
A Latin phrases which signifies from which; example, in the computation of time, the day a quo is not to be counted, but the day ad quem is always included.

A rendre
French. To render, to yield, contracts. Profits a rendre; under this term are comprehended rents and services.

A verbis legis non est recedendum
From the words of the law let there be no departing.

A vinculo matrimonii

Ab extra
(United Kingdom) From outside.

Ab initio
From the beginning

Ab intestat
An heir, ab intestat, is one on whom the law casts the inheritance or estate of a person who dies intestate.

Ab irato
Civil law. A Latin phrase, which signifies by a man in anger. It is applied to bequests or gifts, which a man makes adverse to the interest of his heir, in consequence of anger or hatred against him. Thus a devise made under these circumstances is called a testament ab irato. And the suit which the heirs institute to annul this will is called an action ab irato.

Abandonment
1) In maritime contracts in the civil law, principals are generally held indefinitely responsible for the obligations which their agents have contracted relative to the concern of their commission but with regard to ship owners there is remarkable peculiarity; they are bound by the contract of the master only to the amount of their interest in the ship, and can be discharged from their responsibility by abandoning the ship and freight. 2) Contracts. In the French law, the act by which a debtor surrenders his property for the benefit of his creditors. 3) Malicious. The act of a hushand or wife, who leaves his or her consort wilfully, and with an intention of causing perpetual separation.

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This dictionary contains 8526 terms.







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