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Advice
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Advice1) Com. A letter containing information of any circumstances unknown to the person to whom it is written; when goods are forwarded by sea or land, the letter transmited to inform the consignee of the fact, is termed advice of goods, or letter of advice. When one merchant draws upon another, he generally advises him of the fact. These letters are intended to give notice of the facts they contain. 2) Practice. The opinion given by counsel to their clients; this should never be done but upon mature deliberation to the best of the counsel's ability; and without regard to the consideration whether it will affect the client favorably or unfavorably.
RELATED TERMS--------------------------------------
Letter
1) Common law, criminal law. An epistle; a despatch; a written message, usually on paper, which is folded up and sealed, sent by one person to another. 2) Contracts. In the civil law, locator, and in the French law, locateur, loueur, or bailleur, is he who, being the owner of a thing, lets it out to another for hire or compensation. 3) Civil law. The answer which the prince gave to questions of law which had been submitted to him by magistrates, was called letters or epistles. 4) Missive, English law. After a bill has been filed against a peer or peeress, or lord of parliament, a petition is presented to the lord chancellor for his letter, called a letter missive, which requests the defendant to appear and answer to the bill. A neglect to attend to this, places the defendant, in relation to such suit, on the same ground as other defendants, who are not peers, and a subpoena may then issue.
Information
1) An accusation or complaint made in writing to a court of competent jurisdiction, charging some person with a specific violation of some public law. 2) In the French law, the term information is used to signify the act or instrument which contains the depositions of witnesses against the accused.
Unknown
When goods have been stolen from some person unknown, they may be so described in the indictment; but if the owner be really known, an indictment alleging the property to belong to some person unknown is improper.
Person
This word is applied to men, women and children, who are called natural persons.
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.
Consignee
The party to whom delivery of the goods is to be made under a contract for the carriage of goods by water.
Fact
An action; a thing done. It is either simple or compound.
Advice
1) Com. A letter containing information of any circumstances unknown to the person to whom it is written; when goods are forwarded by sea or land, the letter transmited to inform the consignee of the fact, is termed advice of goods, or letter of advice. When one merchant draws upon another, he generally advises him of the fact. These letters are intended to give notice of the facts they contain. 2) Practice. The opinion given by counsel to their clients; this should never be done but upon mature deliberation to the best of the counsel's ability; and without regard to the consideration whether it will affect the client favorably or unfavorably.
Merchant
One whose business it is to buy and sell merchandise; this applies to all persons who habitually trade in merchandise.
Notice
The information given of some act done, or the interpellation by which some act is required to be done. It also signifies, simply, knowledge; as A had notice that B was a slave.
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.
Opinion
1) Practice. A declaration by a counsel to his client of what the law is, according to his judgment, on a statement of facts submitted to him. The paper upon which an opinion is written is, by a figure of speech, also called an opinion. 2) Evidence. An inference made, or conclusion drawn, by a witness from facts known to him. 3) Judgment. A collection of reasons delivered by a judge for giving the judgment he is about to pronounce the judgment itself is sometimes called an opinion.
Counsel
1) Advice given to another as to what he ought to do or not to do. 2) An officer of court. One who undertakes to conduct suits and actions in court. The same as counsellor. 3) Practice, Criminal law. In the oath of the grand jurors, there is a provision requiring them to keep secret " the commonwealth's counsel, their fellows, and their own." In this sense this word is synonymous with knowledge.
Deliberation
1) Contracts, crimes. The act of the understanding, by which the party examines whether a thing proposed ought to be done or not to be done, or whether it ought to be done in one manner or another. 2) Legislation. The council which is held touching some business, in an assembly having the power to act in relation to it.
Without
Pleading. This word is adopted in formal traverses, and is a negative signifying "and not for;" accordingly the language of the elder entries sometimes is, It et nemy pur tiel cause.
Consideration
Under common law, there can be no binding contract without consideration, which was defined in an 1875 English decision as "some right, interest, profit or benefit accruing to the one party, or some forbearance, detriment, loss or responsibility given, suffered or undertaken by the other". Common law did not want to allow gratuitous offers, those made without anything offered in exchange (such as gifts), to be given the protection of contract law. So they added the criteria of consideration. Consideration is not required in contracts made in civil law systems and many common law states have adopted laws which remove consideration as a prerequisite of a valid contract.
Will
A will is a legal document in which a person directs how his property is to be distributed after his death. Such documents must be executed in due form and must be duly witnessed.
Client
Practice. One who employs and retains an attorney or counsellor to manage or defend a suit or action in which he is a party, or to advise him about some legal matters.
SIMILAR TERMS--------------------------------------
Advisement
Consideration, deliberation, consultation; as the court holds the case under advisement.
PREVIOUS AND NEXT TERMS--------------------------------------
Adversary
One who is a party in a writ or action opposed to the other party.
Adversary proceeding
One having opposing parties such as a plaintiff and a defendant. Individual lawsuit(s) brought within a bankruptcy proceeding.
Adversary system
The system of trial practice in the United States and some other countries in which each of the opposing, or adversary, parties has the opportunity to present and establish opposing contentions before the court.
Adverse possession
The possession of land, without legal title, for a period of time sufficient to become recognized as legal owner. The more common word for this is "squatters." Each state has its own period of time after which a squatter can acquire legal title. Some states prohibit title by mere prescription or possession.
Advertisement
1) A 'notice' published either in handbills or in a newspaper. 2) The law in many instances requires parties to advertise in order to give notice of acts which are to be done; in these cases, the advertisement is in general equivalent to notice.
Advice
Advisement
Consideration, deliberation, consultation; as the court holds the case under advisement.
Advocate
Civil and ecclesiastical law. An officer who maintains or de fends the rights of his client in the same manner as the counsellor does in the common law.
Advocatia
Civil law.This sometimes signifies the quality, or functions, and at other times the privilege, or the territorial jurisdiction of an advocate.
Advocation
Scotch law. A writing drawn up in the form of a petition, called a bill of advocation, by which a party in an action applies to the supreme court to advocate its cause, and to call the action out of an inferior court to itself. Letters of advocation, are the decree or warrant of the supreme court or court of sessions, discharging the inferior tribunal from all further proceedings in the matter, and advocating the action to itself. This proceeding is similar to a certiorari issuing out of a superior court for the removal of a cause from an inferior.
Advocatus
A pleader, a narrator
RELATED TERMS--------------------------------------
Letter
1) Common law, criminal law. An epistle; a despatch; a written message, usually on paper, which is folded up and sealed, sent by one person to another. 2) Contracts. In the civil law, locator, and in the French law, locateur, loueur, or bailleur, is he who, being the owner of a thing, lets it out to another for hire or compensation. 3) Civil law. The answer which the prince gave to questions of law which had been submitted to him by magistrates, was called letters or epistles. 4) Missive, English law. After a bill has been filed against a peer or peeress, or lord of parliament, a petition is presented to the lord chancellor for his letter, called a letter missive, which requests the defendant to appear and answer to the bill. A neglect to attend to this, places the defendant, in relation to such suit, on the same ground as other defendants, who are not peers, and a subpoena may then issue.
Information
1) An accusation or complaint made in writing to a court of competent jurisdiction, charging some person with a specific violation of some public law. 2) In the French law, the term information is used to signify the act or instrument which contains the depositions of witnesses against the accused.
Unknown
When goods have been stolen from some person unknown, they may be so described in the indictment; but if the owner be really known, an indictment alleging the property to belong to some person unknown is improper.
Person
This word is applied to men, women and children, who are called natural persons.
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.
Consignee
The party to whom delivery of the goods is to be made under a contract for the carriage of goods by water.
Fact
An action; a thing done. It is either simple or compound.
Advice
1) Com. A letter containing information of any circumstances unknown to the person to whom it is written; when goods are forwarded by sea or land, the letter transmited to inform the consignee of the fact, is termed advice of goods, or letter of advice. When one merchant draws upon another, he generally advises him of the fact. These letters are intended to give notice of the facts they contain. 2) Practice. The opinion given by counsel to their clients; this should never be done but upon mature deliberation to the best of the counsel's ability; and without regard to the consideration whether it will affect the client favorably or unfavorably.
Merchant
One whose business it is to buy and sell merchandise; this applies to all persons who habitually trade in merchandise.
Notice
The information given of some act done, or the interpellation by which some act is required to be done. It also signifies, simply, knowledge; as A had notice that B was a slave.
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.
Opinion
1) Practice. A declaration by a counsel to his client of what the law is, according to his judgment, on a statement of facts submitted to him. The paper upon which an opinion is written is, by a figure of speech, also called an opinion. 2) Evidence. An inference made, or conclusion drawn, by a witness from facts known to him. 3) Judgment. A collection of reasons delivered by a judge for giving the judgment he is about to pronounce the judgment itself is sometimes called an opinion.
Counsel
1) Advice given to another as to what he ought to do or not to do. 2) An officer of court. One who undertakes to conduct suits and actions in court. The same as counsellor. 3) Practice, Criminal law. In the oath of the grand jurors, there is a provision requiring them to keep secret " the commonwealth's counsel, their fellows, and their own." In this sense this word is synonymous with knowledge.
Deliberation
1) Contracts, crimes. The act of the understanding, by which the party examines whether a thing proposed ought to be done or not to be done, or whether it ought to be done in one manner or another. 2) Legislation. The council which is held touching some business, in an assembly having the power to act in relation to it.
Without
Pleading. This word is adopted in formal traverses, and is a negative signifying "and not for;" accordingly the language of the elder entries sometimes is, It et nemy pur tiel cause.
Consideration
Under common law, there can be no binding contract without consideration, which was defined in an 1875 English decision as "some right, interest, profit or benefit accruing to the one party, or some forbearance, detriment, loss or responsibility given, suffered or undertaken by the other". Common law did not want to allow gratuitous offers, those made without anything offered in exchange (such as gifts), to be given the protection of contract law. So they added the criteria of consideration. Consideration is not required in contracts made in civil law systems and many common law states have adopted laws which remove consideration as a prerequisite of a valid contract.
Will
A will is a legal document in which a person directs how his property is to be distributed after his death. Such documents must be executed in due form and must be duly witnessed.
Client
Practice. One who employs and retains an attorney or counsellor to manage or defend a suit or action in which he is a party, or to advise him about some legal matters.
SIMILAR TERMS--------------------------------------
Advisement
Consideration, deliberation, consultation; as the court holds the case under advisement.
PREVIOUS AND NEXT TERMS--------------------------------------
Adversary
One who is a party in a writ or action opposed to the other party.
Adversary proceeding
One having opposing parties such as a plaintiff and a defendant. Individual lawsuit(s) brought within a bankruptcy proceeding.
Adversary system
The system of trial practice in the United States and some other countries in which each of the opposing, or adversary, parties has the opportunity to present and establish opposing contentions before the court.
Adverse possession
The possession of land, without legal title, for a period of time sufficient to become recognized as legal owner. The more common word for this is "squatters." Each state has its own period of time after which a squatter can acquire legal title. Some states prohibit title by mere prescription or possession.
Advertisement
1) A 'notice' published either in handbills or in a newspaper. 2) The law in many instances requires parties to advertise in order to give notice of acts which are to be done; in these cases, the advertisement is in general equivalent to notice.
Advice
Advisement
Consideration, deliberation, consultation; as the court holds the case under advisement.
Advocate
Civil and ecclesiastical law. An officer who maintains or de fends the rights of his client in the same manner as the counsellor does in the common law.
Advocatia
Civil law.This sometimes signifies the quality, or functions, and at other times the privilege, or the territorial jurisdiction of an advocate.
Advocation
Scotch law. A writing drawn up in the form of a petition, called a bill of advocation, by which a party in an action applies to the supreme court to advocate its cause, and to call the action out of an inferior court to itself. Letters of advocation, are the decree or warrant of the supreme court or court of sessions, discharging the inferior tribunal from all further proceedings in the matter, and advocating the action to itself. This proceeding is similar to a certiorari issuing out of a superior court for the removal of a cause from an inferior.
Advocatus
A pleader, a narrator
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This dictionary contains 8526 terms.
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