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| This dictionary contains: 8526 juridical terms |
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Abatement
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Abatement1) Chancery practice. Is a suspension of all proceedings in a suit, from the want of proper parties capable of proceeding therein. 2) Merchant law. By this term is understood the deduction sometimes made at the custom-house from the duties chargeable upon goods when they are damaged.
RELATED TERMS--------------------------------------
Practice
The form, manner and order of conducting and carrying on suits or prosecutions in the courts through their various stages, according, to the principles of law, and the rules laid down by the respective courts.
Suspension
1) A temporary stop of a right, of a law, and the like. 2) Scotch law. That form of law by which the effect of a sentence-condemnatory, that has not yet received execution, is stayed or postponed, till the cause be again considered. 3) Ecclesiastical law. An ecclesiastical censure, by which a spiritual person is either interdicted tho exercise of his ecclesiastical function, or hin-dered from receiving the profits of his benefice. It may be partial or total; for a limited time, or forever, when it is called deprivation or amotion.
Suit
An action. The word suit in the 25th section of the judiciary act of 1789, applies to any proceeding in a court of justice, in which the plaintiff pursues, in such court, the remedy which the law affords him. An application for a prohibition is therefore a suit.
Proper
That which is essential, suitable, adapted, and correct.
Parties
Contracts. Those persons who engage themselves to do, or not to do the matters and things contained in an agreement.
Proceeding
In its general acceptation, this word means the form in which actions are to be brought and defended, the manner of intervening in suits, of conducting them, the mode of deciding them, of opposing judgments and of executing.
Merchant
One whose business it is to buy and sell merchandise; this applies to all persons who habitually trade in merchandise.
Law
A rule or body of rules of conduct inherent in human nature and essential to or binding upon human society. The learned profession that is mastered by graduate study in a law school and that is responsible for the judicial system.
Term
1) Construction. Word; expression speech. 2) Contracts. This word is used in the civil, law to denote the space of time granted to the debtor for discharging his obligation; there are express terms resulting from the positive stipulations of the agreement; as, where one undertakes to pay a certain sum on a certain day and also terms which tacitly result from the nature of the things which are the object of the engagement, or from the place where the act is agreed to be done. For instance, if a builder engage to construct a house for me, I must allow a reasonable time for fulfilling his engagement. 3) Estates. The limitation of an estate, as a term for years, for life, and the like. The word term does not merely signify the time specified in the lease, but the estate also and interest that passes by that lease; and therefore the term may expire during the continuance of the time, as by surrender, forfeiture and the like. 4) Practice. The space of time during which a court holds a session; sometimes the term is a monthly, at others it is a quarterly period, according to the constitution of the court.
Custom-house
A place appointed by law, in ports of entry, where importers of goods, wares and merchandise are bound to enter the same, in order to pay or secure the duties or customs due to the government.
Duties
In its most enlarged sense, this word is nearly equivalent to taxes, embracing all impositions or charges levied on persons or things; in its more restrained sense, it is often used as equivalent to customs or imposts.
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.
SIMILAR TERMS--------------------------------------
Abate
To quash, beat down, destroy. That of abating a writ or action - its overthrow or defeat by some fatal exception to it.
Abatement of a freehold
The entry of a stranger after the death of the ancestor, and before the heir or devisee takes possession, by which the rightful possession of the heir or devisee is defeated.
Abatement of a writ
Quashing or setting it aside on account of some fatal defect in it.
Abatement of action
A suit which has been quashed and ended.
Abatement of legacies
Is the reduction of legacies for the purpose of paying the testator's debts.
Abator
1) He who abates or prostrates a nuisance; 2) He who having no right of entry, gets possession of the freehold to the prejudiae of an heir or devisee, after the time when the ancestor died, and before the heir or devisee enters.
Abatuda
Obsolete. Any thing diminished; as, moneta abatuda, which is moneyclipped or diminished in value.
PREVIOUS AND NEXT TERMS--------------------------------------
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.
Abate
To quash, beat down, destroy. That of abating a writ or action - its overthrow or defeat by some fatal exception to it.
Abatement
Abatement of a freehold
The entry of a stranger after the death of the ancestor, and before the heir or devisee takes possession, by which the rightful possession of the heir or devisee is defeated.
Abatement of a writ
Quashing or setting it aside on account of some fatal defect in it.
Abatement of action
A suit which has been quashed and ended.
Abatement of legacies
Is the reduction of legacies for the purpose of paying the testator's debts.
Abator
1) He who abates or prostrates a nuisance; 2) He who having no right of entry, gets possession of the freehold to the prejudiae of an heir or devisee, after the time when the ancestor died, and before the heir or devisee enters.
RELATED TERMS--------------------------------------
Practice
The form, manner and order of conducting and carrying on suits or prosecutions in the courts through their various stages, according, to the principles of law, and the rules laid down by the respective courts.
Suspension
1) A temporary stop of a right, of a law, and the like. 2) Scotch law. That form of law by which the effect of a sentence-condemnatory, that has not yet received execution, is stayed or postponed, till the cause be again considered. 3) Ecclesiastical law. An ecclesiastical censure, by which a spiritual person is either interdicted tho exercise of his ecclesiastical function, or hin-dered from receiving the profits of his benefice. It may be partial or total; for a limited time, or forever, when it is called deprivation or amotion.
Suit
An action. The word suit in the 25th section of the judiciary act of 1789, applies to any proceeding in a court of justice, in which the plaintiff pursues, in such court, the remedy which the law affords him. An application for a prohibition is therefore a suit.
Proper
That which is essential, suitable, adapted, and correct.
Parties
Contracts. Those persons who engage themselves to do, or not to do the matters and things contained in an agreement.
Proceeding
In its general acceptation, this word means the form in which actions are to be brought and defended, the manner of intervening in suits, of conducting them, the mode of deciding them, of opposing judgments and of executing.
Merchant
One whose business it is to buy and sell merchandise; this applies to all persons who habitually trade in merchandise.
Law
A rule or body of rules of conduct inherent in human nature and essential to or binding upon human society. The learned profession that is mastered by graduate study in a law school and that is responsible for the judicial system.
Term
1) Construction. Word; expression speech. 2) Contracts. This word is used in the civil, law to denote the space of time granted to the debtor for discharging his obligation; there are express terms resulting from the positive stipulations of the agreement; as, where one undertakes to pay a certain sum on a certain day and also terms which tacitly result from the nature of the things which are the object of the engagement, or from the place where the act is agreed to be done. For instance, if a builder engage to construct a house for me, I must allow a reasonable time for fulfilling his engagement. 3) Estates. The limitation of an estate, as a term for years, for life, and the like. The word term does not merely signify the time specified in the lease, but the estate also and interest that passes by that lease; and therefore the term may expire during the continuance of the time, as by surrender, forfeiture and the like. 4) Practice. The space of time during which a court holds a session; sometimes the term is a monthly, at others it is a quarterly period, according to the constitution of the court.
Custom-house
A place appointed by law, in ports of entry, where importers of goods, wares and merchandise are bound to enter the same, in order to pay or secure the duties or customs due to the government.
Duties
In its most enlarged sense, this word is nearly equivalent to taxes, embracing all impositions or charges levied on persons or things; in its more restrained sense, it is often used as equivalent to customs or imposts.
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.
SIMILAR TERMS--------------------------------------
Abate
To quash, beat down, destroy. That of abating a writ or action - its overthrow or defeat by some fatal exception to it.
Abatement of a freehold
The entry of a stranger after the death of the ancestor, and before the heir or devisee takes possession, by which the rightful possession of the heir or devisee is defeated.
Abatement of a writ
Quashing or setting it aside on account of some fatal defect in it.
Abatement of action
A suit which has been quashed and ended.
Abatement of legacies
Is the reduction of legacies for the purpose of paying the testator's debts.
Abator
1) He who abates or prostrates a nuisance; 2) He who having no right of entry, gets possession of the freehold to the prejudiae of an heir or devisee, after the time when the ancestor died, and before the heir or devisee enters.
Abatuda
Obsolete. Any thing diminished; as, moneta abatuda, which is moneyclipped or diminished in value.
PREVIOUS AND NEXT TERMS--------------------------------------
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.
Abate
To quash, beat down, destroy. That of abating a writ or action - its overthrow or defeat by some fatal exception to it.
Abatement
Abatement of a freehold
The entry of a stranger after the death of the ancestor, and before the heir or devisee takes possession, by which the rightful possession of the heir or devisee is defeated.
Abatement of a writ
Quashing or setting it aside on account of some fatal defect in it.
Abatement of action
A suit which has been quashed and ended.
Abatement of legacies
Is the reduction of legacies for the purpose of paying the testator's debts.
Abator
1) He who abates or prostrates a nuisance; 2) He who having no right of entry, gets possession of the freehold to the prejudiae of an heir or devisee, after the time when the ancestor died, and before the heir or devisee enters.
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This dictionary contains 8526 terms.
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