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| This dictionary contains: 8526 juridical terms |
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Appearance
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AppearanceThe 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.
RELATED TERMS--------------------------------------
Court
A body in government to which the administration of justice is delegated.
Plaintiff
The party who begins an action; the party who complains or sues in an action and is named as such in the court's records. Also called a petitioner.
Defendant
A party who is sued in a personal action.
Accused
One who is charged with a crime or misdemeanor.
Party
Practice, contracts. When applied to practice, by party is understood either the plaintiff or defendant. In contracts, a party is one or more persons who engage to perform or receive the performance of some agreement.
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.
Criminal
Relating to, or having the character of crime
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.
Power
This is either inherent or derivative. The former is the right, ability, or faculty of doing something, without receiving that right, ability, or faculty from another. The people have the power to establish a form of govemment, or to change one already established. A father has the legal power to chastise his son; a master, his apprentice.
Matter
Some substantial or essential thing, opposed to form; facts.
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.
Lawyer
A person licensed to practice law; other words for "lawyer" include: attorney, counsel, solicitor and barrister.
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.
Presence
The existence of a person in a particular place.
Acceptance
One of three requisites to a valid contract under common law (the other two being an offer and consideration). A contract is a legally binding agreement between two or more parties which starts with an offer from one person but which does not become a contract until the other party signifies an unequivocal willingness to accept the terms of that offer. The moment of acceptance is the moment from which a contract is said to exist, and not before. Acceptance need not always be direct and can, in certain circumstances, be implied by conduct.
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.
Challenge
1) It is an exception or objection to a juror. 2) A call by one person upon another to a single combat, which is said to be a challenge to fight.
Example
An example is a case put to illustrate a. principle.
Fact
An action; a thing done. It is either simple or compound.
Were
The name of a fine among the Saxons imposed upon a murderer
SIMILAR TERMS--------------------------------------
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 attorney
Lawyers filing an appeal over a case that was lost in a prior court of law.
Appeal bond
A guaranty by the appealing party insuring that court costs will be paid.
Appearance day
The day on which the parties are bound to appear in court
Appellant
Practice. He who makes an appeal from one jurisdiction to another.
Appellate court
The court in which a appeal is heard.
Appellate jurisdiction
The jurisdiction which a superior court has to bear appeals of causes which have been tried in inferior courts.
Appellee
Practice. The party in a cause against whom an appeal has been taken.
Appellor
A criminal who accuses his accomplices; one who challenges a jury.
Appenditia
From appendo, to hang at or on; the appendages or pertinances of an estate the appurtenauces to a dwelling.
Appendix
Supplementary materials added to the end of a document.
PREVIOUS AND NEXT TERMS--------------------------------------
Apparator
Apparator or apparitor. Ecclesiastical. law. An officer or messenger employed to serve the process of the spiritual courts in England.
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.
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
Appearance day
The day on which the parties are bound to appear in court
Appellant
Practice. He who makes an appeal from one jurisdiction to another.
Appellate court
The court in which a appeal is heard.
Appellate jurisdiction
The jurisdiction which a superior court has to bear appeals of causes which have been tried in inferior courts.
Appellee
Practice. The party in a cause against whom an appeal has been taken.
RELATED TERMS--------------------------------------
Court
A body in government to which the administration of justice is delegated.
Plaintiff
The party who begins an action; the party who complains or sues in an action and is named as such in the court's records. Also called a petitioner.
Defendant
A party who is sued in a personal action.
Accused
One who is charged with a crime or misdemeanor.
Party
Practice, contracts. When applied to practice, by party is understood either the plaintiff or defendant. In contracts, a party is one or more persons who engage to perform or receive the performance of some agreement.
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.
Criminal
Relating to, or having the character of crime
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.
Power
This is either inherent or derivative. The former is the right, ability, or faculty of doing something, without receiving that right, ability, or faculty from another. The people have the power to establish a form of govemment, or to change one already established. A father has the legal power to chastise his son; a master, his apprentice.
Matter
Some substantial or essential thing, opposed to form; facts.
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.
Lawyer
A person licensed to practice law; other words for "lawyer" include: attorney, counsel, solicitor and barrister.
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.
Presence
The existence of a person in a particular place.
Acceptance
One of three requisites to a valid contract under common law (the other two being an offer and consideration). A contract is a legally binding agreement between two or more parties which starts with an offer from one person but which does not become a contract until the other party signifies an unequivocal willingness to accept the terms of that offer. The moment of acceptance is the moment from which a contract is said to exist, and not before. Acceptance need not always be direct and can, in certain circumstances, be implied by conduct.
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.
Challenge
1) It is an exception or objection to a juror. 2) A call by one person upon another to a single combat, which is said to be a challenge to fight.
Example
An example is a case put to illustrate a. principle.
Fact
An action; a thing done. It is either simple or compound.
Were
The name of a fine among the Saxons imposed upon a murderer
SIMILAR TERMS--------------------------------------
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 attorney
Lawyers filing an appeal over a case that was lost in a prior court of law.
Appeal bond
A guaranty by the appealing party insuring that court costs will be paid.
Appearance day
The day on which the parties are bound to appear in court
Appellant
Practice. He who makes an appeal from one jurisdiction to another.
Appellate court
The court in which a appeal is heard.
Appellate jurisdiction
The jurisdiction which a superior court has to bear appeals of causes which have been tried in inferior courts.
Appellee
Practice. The party in a cause against whom an appeal has been taken.
Appellor
A criminal who accuses his accomplices; one who challenges a jury.
Appenditia
From appendo, to hang at or on; the appendages or pertinances of an estate the appurtenauces to a dwelling.
Appendix
Supplementary materials added to the end of a document.
PREVIOUS AND NEXT TERMS--------------------------------------
Apparator
Apparator or apparitor. Ecclesiastical. law. An officer or messenger employed to serve the process of the spiritual courts in England.
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.
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
Appearance day
The day on which the parties are bound to appear in court
Appellant
Practice. He who makes an appeal from one jurisdiction to another.
Appellate court
The court in which a appeal is heard.
Appellate jurisdiction
The jurisdiction which a superior court has to bear appeals of causes which have been tried in inferior courts.
Appellee
Practice. The party in a cause against whom an appeal has been taken.
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This dictionary contains 8526 terms.
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