Juridical Dictionary

This dictionary contains:
8526
juridical terms

Apparent




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.

RELATED TERMS
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Manifest
1) Evidence. That which is clear and requires no proof; that which is noto- rious. 2)Common law. A written instrument containing a true account of the cargo of a ship or commercial vessel.

Things
By this word is understood every object, except man, which may become an active subject of right. Code du Canton de Berne, art. 332. In this sense it is opposed, in the language of the law, to the word persons.

Court
A body in government to which the administration of justice is delegated.

Pass
1) In the slave states this word signifies a certificate given by the master or mistress to a slave, in which it is stated that he is permitted to leave his home, with the authority of his master or mistress. The paper on which-such certificate is written is also called a pass. 2) practice. To be given, or entered; to proceed; as, let the judgment pass for the plaintiff.

Matter
Some substantial or essential thing, opposed to form; facts.

Pays
The country. Trial per pays, is a trial by the country; that is, by jury.

Oath
A declaration made according to law, before a competent tribunal or officer, to tell the truth; or it is the act of one who, when lawfully required to tell the truth, takes God to witness that what he says is true. It is a religious act by which the party invokes God not only to witness the truth and sincerity of his promise, but also to avenge his imposture or violated faith, or in other words to punish his perjury if he shall be guilty of it.

Record
1) Evidence. A written memorial made by a public officer authorized by law to perform that function, and intended to serve as evidence of something written, said, or done. 2) To record. The act of making a record.

Rule
This is a metaphorical expression borrowed from mechanics. The rule, in its proper and natural sense, is an instrument by means of which may be drawn from one point to another, the shortest possible line, which is called a straight line.



SIMILAR TERMS
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Apparator
Apparator or apparitor. Ecclesiastical. law. An officer or messenger employed to serve the process of the spiritual courts in England.

Apparlement
Resemblance. It is said to be derived from pareillement, French, in like manner.



PREVIOUS AND NEXT TERMS
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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.

Apostacy
English law. A total renunciation of the Christian religion, and differs from heresy.

Apostles
In the British courts of admiralty, when a party appeals from a decision made against him, he prays apostles from the judge, which are brief letters of dismission, stating the case, and declaring that the record will be transmitted.

Apparator
Apparator or apparitor. Ecclesiastical. law. An officer or messenger employed to serve the process of the spiritual courts in England.

Apparent

Apparlement
Resemblance. It is said to be derived from pareillement, French, in like manner.

Appeal
1) English Criminal law. The accusation of a person, in a legal form, for a crime committed by him; or, it is the lawful declaration of another man's crime, before a competent judge, by one who sets his name to the declaration, and undertakes to prove it, upon the penalty which may ensue thereon. 2)Practice. The act by which a party submits to the decision of a superior court, a cause which has been tried in an inferior tribunal.

Appeal bond
A guaranty by the appealing party insuring that court costs will be paid.

Appearance
The act of showing up in court as either plaintiff, defendant, accused or any other party to a civil or criminal suit. It implies that you accept the power of the court to try the matter (i.e. "jurisdiction"). Appearances are most often made by lawyers on their clients behalf and any appearance by a lawyer binds the client. You can make a limited appearance called a "special appearance" in which your presence is not to imply acceptance of the court's jurisdiction but, rather, to challenge the jurisdiction of the court. An example of the usefulness of a "special appearance" would be where you want to raise the fact that you were never properly served with the court papers.

Appearance day
The day on which the parties are bound to appear in court

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This dictionary contains 8526 terms.







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