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| This dictionary contains: 8526 juridical terms |
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Antinomy
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AntinomyA term used in the civil law to signify the real or apparent contradiction between two laws or two decisions.
RELATED TERMS--------------------------------------
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.
Civil
1) It is used in contradistinction to barbarous or savage, to indicate a state of society reduced to order and regular government; thus we speak of civil life, civil society, civil government, and civil liberty. 2) It is sometimes used in contradistinction to criminal, to indicate the private rights and remedies of men, as members of the community, in contrast to those which are public and relate to the government; thus we speak of civil process and criminal process, civil jurisdiction and criminal jurisdiction.
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.
Apparent
That which is manifest what is proved. It is required that all things upon which a court must pass, should be made to appear, if matter in pays, under oath if matter of record, by the record. It is a rule that those things which do not appear, are to be considered as not existing de non apparentibus et non existentibus eadem est ratio.
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-suit injunction
An 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.
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.
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--------------------------------------
Antenuptial agreement
A legal contract signed by two people prior to marriage which states limitations to spouse's rights to property, support, or inheritance if the marriage ends in divorce.
Anthetarius
Obsolete. 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.
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.
Anti-manifesto
The declaration of the reasons which one of the belligerents publishes, to show that the war as to him is defensive.
Antinomy
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
An 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.
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.
RELATED TERMS--------------------------------------
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.
Civil
1) It is used in contradistinction to barbarous or savage, to indicate a state of society reduced to order and regular government; thus we speak of civil life, civil society, civil government, and civil liberty. 2) It is sometimes used in contradistinction to criminal, to indicate the private rights and remedies of men, as members of the community, in contrast to those which are public and relate to the government; thus we speak of civil process and criminal process, civil jurisdiction and criminal jurisdiction.
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.
Apparent
That which is manifest what is proved. It is required that all things upon which a court must pass, should be made to appear, if matter in pays, under oath if matter of record, by the record. It is a rule that those things which do not appear, are to be considered as not existing de non apparentibus et non existentibus eadem est ratio.
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-suit injunction
An 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.
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.
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--------------------------------------
Antenuptial agreement
A legal contract signed by two people prior to marriage which states limitations to spouse's rights to property, support, or inheritance if the marriage ends in divorce.
Anthetarius
Obsolete. 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.
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.
Anti-manifesto
The declaration of the reasons which one of the belligerents publishes, to show that the war as to him is defensive.
Antinomy
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
An 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.
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.
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This dictionary contains 8526 terms.
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