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Advisement
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AdvisementConsideration, deliberation, consultation; as the court holds the case under advisement.
RELATED TERMS--------------------------------------
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.
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.
Consultation
1) English law. The name of a writ whereby a cause, being formerly removed by prohibition out of an inferior court into some of the king's courts in Westminster, is returned thither again for if the judges of the superior court, comparing the proceedings with the suggestion of the party, find the suggestion false or not proved, and that therefore the cause was wrongfully called from the inferior court, then, upon consultation and deliberation, they decree it to be returned, where upon this writ issues. 2) French law. The opinion of counsel, on a point of law submitted to them. 3) practice. A conference between the counsel or attorneys engaged on the same side of a cause, for the purpose of examining their case, arranging their proofs, and removing any difficulties there may be in their way.
Court
A body in government to which the administration of justice is delegated.
Case
1) Practice. A contested question before a court of justicea suit or action a cause. 2) An agreement in writing, between a plaintiff and defendant, that the facts in dispute between them are as there agreed upon and mentioned
Advisement
Consideration, deliberation, consultation; as the court holds the case under advisement.
SIMILAR TERMS--------------------------------------
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.
PREVIOUS AND NEXT TERMS--------------------------------------
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
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.
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
Advow
Advow or avow.Practice. Signifies to justify or maintain an act formerly done.
RELATED TERMS--------------------------------------
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.
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.
Consultation
1) English law. The name of a writ whereby a cause, being formerly removed by prohibition out of an inferior court into some of the king's courts in Westminster, is returned thither again for if the judges of the superior court, comparing the proceedings with the suggestion of the party, find the suggestion false or not proved, and that therefore the cause was wrongfully called from the inferior court, then, upon consultation and deliberation, they decree it to be returned, where upon this writ issues. 2) French law. The opinion of counsel, on a point of law submitted to them. 3) practice. A conference between the counsel or attorneys engaged on the same side of a cause, for the purpose of examining their case, arranging their proofs, and removing any difficulties there may be in their way.
Court
A body in government to which the administration of justice is delegated.
Case
1) Practice. A contested question before a court of justicea suit or action a cause. 2) An agreement in writing, between a plaintiff and defendant, that the facts in dispute between them are as there agreed upon and mentioned
Advisement
Consideration, deliberation, consultation; as the court holds the case under advisement.
SIMILAR TERMS--------------------------------------
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.
PREVIOUS AND NEXT TERMS--------------------------------------
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
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.
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
Advow
Advow or avow.Practice. Signifies to justify or maintain an act formerly done.
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This dictionary contains 8526 terms.
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