Juridical Dictionary

This dictionary contains:
8526
juridical terms

Attorneys fees clause




Attorneys fees clause

A provision in a contract allocating each party's obligation to pay legal bills in the event of legal action taken against each other or by a third party.

RELATED TERMS
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Provision
1) Common law. The property which a drawer of a bill of exchange places in the hands of a drawee; as, for example, by remittances, or when the drawee is indebted to the drawer when the bill becomes due, provision is said to have been made. Acceptance always presumes a provision. 2) French law. An allowance granted by a judge to a party for his support; which is to be paid before there is a definitive judgment. In a civil case, for example, it is an allowance made to a wife who is separated from her hushand.

Contract
A negotiated oral or written agreement setting forth the terms for an exchange of value between parties (which may be individuals or companies) and under which each party promises to perform an obligation. Certain terms, such as the obligations to be performed and the terms for setting price or compensation must be mutually understood, known in legal lingo as a "meeting of the minds," and promised to by the parties to form a legal contract.

Each
Every one of the two or more composing the whole.

Obligation
In its general and most extensive sense, obligation is synony- mous with duty. In a more technical meaning, it is a tie which binds us to pay or to do something agreeably to the laws and customs of the country in which the obligation is made.

Legal
That which is according to law. It is used in opposition to equitable, as the legal estate is, in the trustee, the equitable estate in the cestui que trust.

Action
1) French commercial. Stock in a company, shares in a corporation. 2)Civil law. An action instituted to avoid a sale onaccount of some Vice or defect in the thing sold which readers it either absolutely useless, or its use so inconvenient and, imperfect, that it must be, supposed the buyer would not have purchased it, had he known of the vice.

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.



SIMILAR TERMS
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Attorn or attornment
To consent, implicitly or explicitly, to a transfer of a right. Often used to describe a situation where a tenant, by staying on location after the sale of the leased property, accepts to be a tenant of the new landlord; or where a person consents to ("attorns to") the jurisdiction of a court which would not have otherwise had any authority over that person.

Attorney
A graduate of an accredited law school and member in good standing of the Bar Association. Only attorneys can give legal advice.

Attorney at law
A graduate of an accredited law school and member in good standing of the Bar Association. Only attorneys can give legal advice.

Attorney General
An attorney general is a person having the position of chief law officer of a country.

Attorney legal services
The services an attorney can provide to his or her clients, including both legal defense and attack.

Attorney of record
The principal attorney in a lawsuit, who signs all formal documents relating to the suit.

Attorney's certificate
Practice, English law. Attorneys are required to deliver to the commissioners of stamp duties, a paper or note-in writing, containing the name and usual place of residence of such person, and thereupon, on paying certain duties, such person is entitled to a certificate attesting the payment of such duties, which must be renewed yearly.

Attorney-at-law
A graduate of an accredited law school and member in good standing of the Bar Association. Only attorneys can give legal advice.

Attorney-in-fact
Authorizing another in writing to act in his/her place to do some act, but not one requiring legal representation.

Attornment
Estates. Was the agreement of the tenant to the grant of the seignory, or of a rent, or the agreement of the donee in tail, or tenant for life, or years, to a grant of a reversion or of a remainder made to another.



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Attesting witness
One who, upon being required by the parties to an instrument, signs his name to it to prove it, and for the purpose of identification.

Attorn or attornment
To consent, implicitly or explicitly, to a transfer of a right. Often used to describe a situation where a tenant, by staying on location after the sale of the leased property, accepts to be a tenant of the new landlord; or where a person consents to ("attorns to") the jurisdiction of a court which would not have otherwise had any authority over that person.

Attorney of record
The principal attorney in a lawsuit, who signs all formal documents relating to the suit.

Attorney-in-fact
Authorizing another in writing to act in his/her place to do some act, but not one requiring legal representation.

Attorney's certificate
Practice, English law. Attorneys are required to deliver to the commissioners of stamp duties, a paper or note-in writing, containing the name and usual place of residence of such person, and thereupon, on paying certain duties, such person is entitled to a certificate attesting the payment of such duties, which must be renewed yearly.

Attorneys fees clause

Attornment
Estates. Was the agreement of the tenant to the grant of the seignory, or of a rent, or the agreement of the donee in tail, or tenant for life, or years, to a grant of a reversion or of a remainder made to another.

Au besoin
This is a French phrase, used in commercial law. When the drawer of a foreign bill of exchange wishes as a matter of precaution, and to-save expenses, he puts in the corner of the bill, " Au besoin chez Messieurs or, in other words, " In case of need, apply to Messrs.

Aubaine
French law. When a foreigner died in France, the crown by virtue of a right called droit d'aubaine, formerly claimed all the personal property such foreigner had in France at the time of his death.

Auctor
Among the Romans the seller was called auctor; and public, sales were made by fixing a spear in the forum, and a person who acted as crier stood by the spear the catalogue of the goods to be sold was made in tables called auctionariae.

Audi alteram partem
Latin: a principle of natural justice which prohibits a judicial decision which impacts upon individual rights without giving all parties in the dispute a right to be heard. Habeas corpus was an early expression of the audi alteram partem principle. In more recent years, it has been extended to include the right to receive notice of a hearing and to be given an opportunity to be represented or heard.

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This dictionary contains 8526 terms.







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