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| This dictionary contains: 8526 juridical terms |
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Anti-suit injunction
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Anti-suit injunctionAn extraordinary procedure where a court issues an order to the effect that proceedings in a second jurisdiction should not proceed. The injunction is usually 1) based on the principle of forum non conveniens (infra); and requires 2) that the first court is more convenient to the parties; 3) a motion of forum non conveniens has been made in the second jurisdiction and has failed; and 4) that the complainant will not be unduly disadvantaged by proceeding in the first jurisdiction. Examples of the injunction are cases where real (immoveable) property in the first jurisdiction is involved or where there is a jurisdiction or arbitration clause calling for proceedings in the first jurisdiction or where a law of the first jurisdiction specifically forbids suit on a certain subject, e.g. claims for damages caused by asbestos produced in the first jurisdiction.
RELATED TERMS--------------------------------------
Court
A body in government to which the administration of justice is delegated.
Issues
English law. The goods and profits of the lands of a defendant against whom a writ of distringas or distress infinite has been issued, taken by virtue of such writ, are called issues.
Order
An instruction rightfully given by someone superior in hyerarchy. Also, a social state of civil coexistance without widespread public violence.
Effect
The operation of a law, of an agreement, or an act, is called its effect.
Second
A measure equal to one sixtieth part of a minute.
Jurisdiction
Practice. A power constitutionally conferred upon a judge or magistrate, to take cognizance of, and decide causes according to law, and to carry his sentence into execution. The tract of land or district within which a judge or magistrate has jurisdiction, is called his territory, and his power in relation to his territory is called his territorial jurisdiction.
Injunction
Remedies, chancery, practice. An injunction is a prohibitory writ, specially prayed for by a bill, in which the plaintiff's title is set forth, restraining a person from committing or doing an act (other than criminal acts) which appear to be against equity and conscience.
Parties
Contracts. Those persons who engage themselves to do, or not to do the matters and things contained in an agreement.
Motion
Practice. An application to a court by one of the parties in a cause, or his counsel, in order to obtain some rule or order of court
Complainant
One who makes a complaint. A plaintiff in a suit in chancery is so called.
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.
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.
Cases
General term for an action, cause, suit, or controversy, at law or in equity; questions contested before a court of justice.
Real
1) A term which is applied to land in its most enlarged signification. Real security, therefore, means the security of mortgages or other incumbrances affecting lands. 2) In the civil law, real has not the same meaning as it has in the common law. There it signifies what relates to a thing, whether it be movable or immovable, lands or goods; thus, a real injury is one which is done to a thing, as a trespass to property, whether it be real or personal in the common law sense. A real statute is one which relates to a thing, in contradistinction to such as relate to a person.
Property
Property is commonly thought of as a thing which belongs to someone and over which a person has total control. But, legally, it is more properly defined as a collection of legal rights over a thing. These rights are usually total and fully enforceable by the state or the owner against others. It has been said that "property and law were born and die together. Before laws were made there was no property. Take away laws and property ceases." before laws were written and enforced, property had no relevance. Possession was all that mattered. There are many classifications of property, the most common being between real property or immoveable property (real estate such as land or buildings) and "chattel", or "moveable" (things which are not attached to the land such as a bicycle, a car or a hammer) and between public (property belonging to everybody or to the state) and private property.
Arbitration
The settling of a dispute by an arbitrator. Arbitration is a long established alternative to litigation (which may not always be less complex) and which involves an arbitrator reaching a judgment, which is binding on both parties. Where arbitrators cannot agree they may appoint an "umpire". The decision of an arbitrator is known as an "award".
Clause
Contracts. A particular disposition which makes part of a treaty; of an act of the legislature; of a deed, written agreement, or other written contract or will.
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.
Subject
1) Contracts. The thing which is the object of an agreement. This term is used in the laws of Scotland. 2) Persons, government. An individual member of a nation, who is subject to the laws; this term is used in contradistiction to citizen, which is applied to the same individual when considering his political rights.
Damages
A cash compensation ordered by a court to offset losses or suffering caused by another's fault or negligence. Damages are a typical request made of a court when persons sue for breach of contract or tort.
SIMILAR TERMS--------------------------------------
Anti-manifesto
The declaration of the reasons which one of the belligerents publishes, to show that the war as to him is defensive.
Anti-trust
(USA) "Anti-trust" legislation is designed to prevent businesses from price-setting or other secret collaboration which circumvents the natural forces of a free market economy and gives those engaging in the anti-trust conduct, a covert competitive edge. Also known as "anti-combines" or "competition" legislation.
Antichresis
Contracts. A word used in the civil law to denote the contract by which a creditor acquires the right of reaping the fruit or other revenues of the immovables given to him in pledge, on condition of deducting, annually, their proceeds from the interest, if any is due to him, and afterwards from the principal of his debt.
Anticipation
The act of doing or taking a thing before its proper time.
Antinomy
A term used in the civil law to signify the real or apparent contradiction between two laws or two decisions.
Antiqua customa
English law. A duty or imposition which was collected on wool, wool-felts, and leather, was so called.
Antiqua statuta
In England the statutes are divided into new and ancient statutes; since the time of memory; those from the time 1 R. I. to E. III., are called antiqua statuta – those made since, nova statuta.
Antithetarius
Old English law. The name given to a man who endeavors to discharge himself of the crime of which he is accused, by retorting the charge on the accuser.
Antitrust acts
Federal and state statutes to protect trade and commerce from unlawful restraints, price discriminations, price fixing, and monopolies.
PREVIOUS AND NEXT TERMS--------------------------------------
Anticipation
The act of doing or taking a thing before its proper time.
Anti-manifesto
The declaration of the reasons which one of the belligerents publishes, to show that the war as to him is defensive.
Antinomy
A term used in the civil law to signify the real or apparent contradiction between two laws or two decisions.
Antiqua customa
English law. A duty or imposition which was collected on wool, wool-felts, and leather, was so called.
Antiqua statuta
In England the statutes are divided into new and ancient statutes; since the time of memory; those from the time 1 R. I. to E. III., are called antiqua statuta – those made since, nova statuta.
Anti-suit injunction
Antithetarius
Old English law. The name given to a man who endeavors to discharge himself of the crime of which he is accused, by retorting the charge on the accuser.
Anti-trust
(USA) "Anti-trust" legislation is designed to prevent businesses from price-setting or other secret collaboration which circumvents the natural forces of a free market economy and gives those engaging in the anti-trust conduct, a covert competitive edge. Also known as "anti-combines" or "competition" legislation.
Antitrust acts
Federal and state statutes to protect trade and commerce from unlawful restraints, price discriminations, price fixing, and monopolies.
Anton piller order
An ex parte injunction used in U.K. and British Commonwealth jurisdictions, whereby the court authorizes a party to a civil action to enter and search premises and to inspect, photograph and/or remove property specified in the order which may be the subject-matter of, or be evidence in, the action. The order is only granted in exceptional circumstances.
Apartments
A part of a house occupied by a person, while the rest is occupied by another, or others.
RELATED TERMS--------------------------------------
Court
A body in government to which the administration of justice is delegated.
Issues
English law. The goods and profits of the lands of a defendant against whom a writ of distringas or distress infinite has been issued, taken by virtue of such writ, are called issues.
Order
An instruction rightfully given by someone superior in hyerarchy. Also, a social state of civil coexistance without widespread public violence.
Effect
The operation of a law, of an agreement, or an act, is called its effect.
Second
A measure equal to one sixtieth part of a minute.
Jurisdiction
Practice. A power constitutionally conferred upon a judge or magistrate, to take cognizance of, and decide causes according to law, and to carry his sentence into execution. The tract of land or district within which a judge or magistrate has jurisdiction, is called his territory, and his power in relation to his territory is called his territorial jurisdiction.
Injunction
Remedies, chancery, practice. An injunction is a prohibitory writ, specially prayed for by a bill, in which the plaintiff's title is set forth, restraining a person from committing or doing an act (other than criminal acts) which appear to be against equity and conscience.
Parties
Contracts. Those persons who engage themselves to do, or not to do the matters and things contained in an agreement.
Motion
Practice. An application to a court by one of the parties in a cause, or his counsel, in order to obtain some rule or order of court
Complainant
One who makes a complaint. A plaintiff in a suit in chancery is so called.
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.
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.
Cases
General term for an action, cause, suit, or controversy, at law or in equity; questions contested before a court of justice.
Real
1) A term which is applied to land in its most enlarged signification. Real security, therefore, means the security of mortgages or other incumbrances affecting lands. 2) In the civil law, real has not the same meaning as it has in the common law. There it signifies what relates to a thing, whether it be movable or immovable, lands or goods; thus, a real injury is one which is done to a thing, as a trespass to property, whether it be real or personal in the common law sense. A real statute is one which relates to a thing, in contradistinction to such as relate to a person.
Property
Property is commonly thought of as a thing which belongs to someone and over which a person has total control. But, legally, it is more properly defined as a collection of legal rights over a thing. These rights are usually total and fully enforceable by the state or the owner against others. It has been said that "property and law were born and die together. Before laws were made there was no property. Take away laws and property ceases." before laws were written and enforced, property had no relevance. Possession was all that mattered. There are many classifications of property, the most common being between real property or immoveable property (real estate such as land or buildings) and "chattel", or "moveable" (things which are not attached to the land such as a bicycle, a car or a hammer) and between public (property belonging to everybody or to the state) and private property.
Arbitration
The settling of a dispute by an arbitrator. Arbitration is a long established alternative to litigation (which may not always be less complex) and which involves an arbitrator reaching a judgment, which is binding on both parties. Where arbitrators cannot agree they may appoint an "umpire". The decision of an arbitrator is known as an "award".
Clause
Contracts. A particular disposition which makes part of a treaty; of an act of the legislature; of a deed, written agreement, or other written contract or will.
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.
Subject
1) Contracts. The thing which is the object of an agreement. This term is used in the laws of Scotland. 2) Persons, government. An individual member of a nation, who is subject to the laws; this term is used in contradistiction to citizen, which is applied to the same individual when considering his political rights.
Damages
A cash compensation ordered by a court to offset losses or suffering caused by another's fault or negligence. Damages are a typical request made of a court when persons sue for breach of contract or tort.
SIMILAR TERMS--------------------------------------
Anti-manifesto
The declaration of the reasons which one of the belligerents publishes, to show that the war as to him is defensive.
Anti-trust
(USA) "Anti-trust" legislation is designed to prevent businesses from price-setting or other secret collaboration which circumvents the natural forces of a free market economy and gives those engaging in the anti-trust conduct, a covert competitive edge. Also known as "anti-combines" or "competition" legislation.
Antichresis
Contracts. A word used in the civil law to denote the contract by which a creditor acquires the right of reaping the fruit or other revenues of the immovables given to him in pledge, on condition of deducting, annually, their proceeds from the interest, if any is due to him, and afterwards from the principal of his debt.
Anticipation
The act of doing or taking a thing before its proper time.
Antinomy
A term used in the civil law to signify the real or apparent contradiction between two laws or two decisions.
Antiqua customa
English law. A duty or imposition which was collected on wool, wool-felts, and leather, was so called.
Antiqua statuta
In England the statutes are divided into new and ancient statutes; since the time of memory; those from the time 1 R. I. to E. III., are called antiqua statuta – those made since, nova statuta.
Antithetarius
Old English law. The name given to a man who endeavors to discharge himself of the crime of which he is accused, by retorting the charge on the accuser.
Antitrust acts
Federal and state statutes to protect trade and commerce from unlawful restraints, price discriminations, price fixing, and monopolies.
PREVIOUS AND NEXT TERMS--------------------------------------
Anticipation
The act of doing or taking a thing before its proper time.
Anti-manifesto
The declaration of the reasons which one of the belligerents publishes, to show that the war as to him is defensive.
Antinomy
A term used in the civil law to signify the real or apparent contradiction between two laws or two decisions.
Antiqua customa
English law. A duty or imposition which was collected on wool, wool-felts, and leather, was so called.
Antiqua statuta
In England the statutes are divided into new and ancient statutes; since the time of memory; those from the time 1 R. I. to E. III., are called antiqua statuta – those made since, nova statuta.
Anti-suit injunction
Antithetarius
Old English law. The name given to a man who endeavors to discharge himself of the crime of which he is accused, by retorting the charge on the accuser.
Anti-trust
(USA) "Anti-trust" legislation is designed to prevent businesses from price-setting or other secret collaboration which circumvents the natural forces of a free market economy and gives those engaging in the anti-trust conduct, a covert competitive edge. Also known as "anti-combines" or "competition" legislation.
Antitrust acts
Federal and state statutes to protect trade and commerce from unlawful restraints, price discriminations, price fixing, and monopolies.
Anton piller order
An ex parte injunction used in U.K. and British Commonwealth jurisdictions, whereby the court authorizes a party to a civil action to enter and search premises and to inspect, photograph and/or remove property specified in the order which may be the subject-matter of, or be evidence in, the action. The order is only granted in exceptional circumstances.
Apartments
A part of a house occupied by a person, while the rest is occupied by another, or others.
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This dictionary contains 8526 terms.
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