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| This dictionary contains: 8526 juridical terms |
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Audi alteram partem
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Audi alteram partemLatin: 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.
RELATED TERMS--------------------------------------
Justice
Fairness. A state of affairs in which conduct or action is both fair and right, given the circumstances. In law, it more specifically refers to the paramount obligation to ensure that all persons are treated fairly. Litigants "seek justice" by asking for compensation for wrongs committed against them; to right the inequity such that, with the compensation, a wrong has been righted and the balance of "good" or "virtue" over "wrong" or "evil" has been corrected.
Judicial
Belonging, or emanating from a judge, as such.
Decision
Practice. A judgment given by a competent tribunal. The French lawyers call the opinions which they give on questions propounded to them, decisions.
Without
Pleading. This word is adopted in formal traverses, and is a negative signifying "and not for;" accordingly the language of the elder entries sometimes is, It et nemy pur tiel cause.
Parties
Contracts. Those persons who engage themselves to do, or not to do the matters and things contained in an agreement.
Right
1) Sometimes it signifies a law, as when we say that natural right requires us to keep our promises, or that it commands restitution, or that it forbids murder. In our language it is seldom used in this sense. 2) It sometimes means that quality in our actions by which they are denominated just ones. This is usually denominated rectitude. 3) It is that quality in a person by which he can do certain actions, or possess certain things which belong to him by virtue of some title. In this sense, we use it when we say that a man has a right to his estate or a right to defend himself.
Corpus
A Latin word, which signifies body.
Expression
The term or use of language employed to explain a thing.
Years
Estate for years.
Receive
To receive. Voluntarily to take from another what is offered.
Notice
The information given of some act done, or the interpellation by which some act is required to be done. It also signifies, simply, knowledge; as A had notice that B was a slave.
Hearing
"1) Chwncery practice. The term, hearing is given to the trial of a chancery suit. 2) Criminal law. The examination of a prisoner charged with a crime or misdemeanor, and of the witnesses for the accuser.
SIMILAR TERMS--------------------------------------
Audi altoram partem
Hear the other side -- the accused, the defendant.
Audi lawyer
A lawyer representing German multinational car maker Audi.
Audience
A hearing. It is usual for the executive of a country to whom a minister has been sent, to give such minister an audience. And after a minister has been recalled, au audience of leave usually takes place.
Audience court
English. Ecclesiastical law. A court belonging to the archbishop of Canterbury, having the same authority with the court of arches.
Audiendo et terminando
Oyer and terminer. English Criminal law. A writ, or rather a commission, directed to certain persons for the trial and punishment of such persons as have been concerned in a riotous assembly, insurrection or other heinous misdemeanor.
Audire
To hear. Compare Oyer.
Audit
Literally, he hears; a hearing.
Audita querela
The complaint having been heard. An audita querela lies where a defendant, against whom a judgment is recovered and who is therefore in danger of execution, may be relieved upon good matter of discharge which has happened since the judgment: as if the plaintiff has given him a general release, or if the defendant has paid the debt without procuring satisfaction to be entered on the record.
Auditor
An officer whose duty is to examine the accounts of officers who have received and dishursed public moneys by lawful authority.
PREVIOUS AND NEXT TERMS--------------------------------------
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.
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
Audi altoram partem
Hear the other side -- the accused, the defendant.
Audience
A hearing. It is usual for the executive of a country to whom a minister has been sent, to give such minister an audience. And after a minister has been recalled, au audience of leave usually takes place.
Audience court
English. Ecclesiastical law. A court belonging to the archbishop of Canterbury, having the same authority with the court of arches.
Audiendo et terminando
Oyer and terminer. English Criminal law. A writ, or rather a commission, directed to certain persons for the trial and punishment of such persons as have been concerned in a riotous assembly, insurrection or other heinous misdemeanor.
Audire
To hear. Compare Oyer.
RELATED TERMS--------------------------------------
Justice
Fairness. A state of affairs in which conduct or action is both fair and right, given the circumstances. In law, it more specifically refers to the paramount obligation to ensure that all persons are treated fairly. Litigants "seek justice" by asking for compensation for wrongs committed against them; to right the inequity such that, with the compensation, a wrong has been righted and the balance of "good" or "virtue" over "wrong" or "evil" has been corrected.
Judicial
Belonging, or emanating from a judge, as such.
Decision
Practice. A judgment given by a competent tribunal. The French lawyers call the opinions which they give on questions propounded to them, decisions.
Without
Pleading. This word is adopted in formal traverses, and is a negative signifying "and not for;" accordingly the language of the elder entries sometimes is, It et nemy pur tiel cause.
Parties
Contracts. Those persons who engage themselves to do, or not to do the matters and things contained in an agreement.
Right
1) Sometimes it signifies a law, as when we say that natural right requires us to keep our promises, or that it commands restitution, or that it forbids murder. In our language it is seldom used in this sense. 2) It sometimes means that quality in our actions by which they are denominated just ones. This is usually denominated rectitude. 3) It is that quality in a person by which he can do certain actions, or possess certain things which belong to him by virtue of some title. In this sense, we use it when we say that a man has a right to his estate or a right to defend himself.
Corpus
A Latin word, which signifies body.
Expression
The term or use of language employed to explain a thing.
Years
Estate for years.
Receive
To receive. Voluntarily to take from another what is offered.
Notice
The information given of some act done, or the interpellation by which some act is required to be done. It also signifies, simply, knowledge; as A had notice that B was a slave.
Hearing
"1) Chwncery practice. The term, hearing is given to the trial of a chancery suit. 2) Criminal law. The examination of a prisoner charged with a crime or misdemeanor, and of the witnesses for the accuser.
SIMILAR TERMS--------------------------------------
Audi altoram partem
Hear the other side -- the accused, the defendant.
Audi lawyer
A lawyer representing German multinational car maker Audi.
Audience
A hearing. It is usual for the executive of a country to whom a minister has been sent, to give such minister an audience. And after a minister has been recalled, au audience of leave usually takes place.
Audience court
English. Ecclesiastical law. A court belonging to the archbishop of Canterbury, having the same authority with the court of arches.
Audiendo et terminando
Oyer and terminer. English Criminal law. A writ, or rather a commission, directed to certain persons for the trial and punishment of such persons as have been concerned in a riotous assembly, insurrection or other heinous misdemeanor.
Audire
To hear. Compare Oyer.
Audit
Literally, he hears; a hearing.
Audita querela
The complaint having been heard. An audita querela lies where a defendant, against whom a judgment is recovered and who is therefore in danger of execution, may be relieved upon good matter of discharge which has happened since the judgment: as if the plaintiff has given him a general release, or if the defendant has paid the debt without procuring satisfaction to be entered on the record.
Auditor
An officer whose duty is to examine the accounts of officers who have received and dishursed public moneys by lawful authority.
PREVIOUS AND NEXT TERMS--------------------------------------
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.
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
Audi altoram partem
Hear the other side -- the accused, the defendant.
Audience
A hearing. It is usual for the executive of a country to whom a minister has been sent, to give such minister an audience. And after a minister has been recalled, au audience of leave usually takes place.
Audience court
English. Ecclesiastical law. A court belonging to the archbishop of Canterbury, having the same authority with the court of arches.
Audiendo et terminando
Oyer and terminer. English Criminal law. A writ, or rather a commission, directed to certain persons for the trial and punishment of such persons as have been concerned in a riotous assembly, insurrection or other heinous misdemeanor.
Audire
To hear. Compare Oyer.
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This dictionary contains 8526 terms.
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