|
 |
||
 |
| This dictionary contains: 8526 juridical terms |
 |
Audita querela
|
|
Audita querelaThe 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.
RELATED TERMS--------------------------------------
Complaint
Criminal law. The allegation made to a proper officer, that some person, whether known or unknown, has been guilty of a designated offence, with an offer to prove the fact, and a request that the offender may be punished.
Querela
An action preferred in any court of justice, in which the plaintiff was called querens or complainant, and his brief, complaint, or declaration, was called querela.
Defendant
A party who is sued in a personal action.
Judgment
Practice. The decision or sentence of the law, given by a court of justice or other competent tribunal, as the result of proceedings instituted therein, for the redress of an injury.
Danger
In the law of self defense "apparent danger" means such overt, actual demonstration, by conduct and acts, of a design to take life or to do some great personal injury, as makes killing apparently necessary for self-preservation.
Execution
1) Contracts. The accomplishment of a thing; as the execution of a bond and warrant of attorney, which is the signing, sealing, and delivery of the same. 2) Criminal law. The putting a convict to death, agreeably to law, in pursuance of his sentence.
Matter
Some substantial or essential thing, opposed to form; facts.
Discharge
Practice. The act by which a person in confinement, under some legal process, or held on an accusation of some crime or misdemeauor, is set at liberty; the writing containing the order for his being so set at liberty, is also called a discharge.
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.
General
1) A principal officer, particularly in the army. 2) Something opposed to special; as, a general verdict, the general issue, which expressions are used in contradistinction to special verdict, special issue. 3) Principal, as the general post office. 4) Not select, as a general ship. 5) Not particular, as a general custom. 5) Not limited, as general jurisdiction. 7) This word is sometimes annexed or prefixed to other words to express or limit the extent of their signification; as Attorney General, Solicitor General, the General Assembly.
Release
1) Estates. The "conveyance of a man's interest or right, which he hath unto a thing, to another that hath the possession thereof, or some estate therein." 2) Contracts. A release is the giving or discharging of a right of action which a man has or may claim against another, or that which is his. 3) Releases are of two kinds: 1) Such as give up, discharge, or abandon a right of action. 2) Such as convey a man's interest or right to another, who has possession of it, or some estate in the same.
Debt
Whatever one owes. A sum of money due by certain and express agreement.
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.
Satisfaction
1) Practice. An entry made on the record, by which a party in whose favor a judgment was rendered, declares that he has been satisfied and paid. 2) Construction by courts of equity. Satisfaction is defined to be the donation of a thing, with the intention, express or implied, that such donation is to be an extinguishment of some existing right or claim in the donee.
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.
SIMILAR TERMS--------------------------------------
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.
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.
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--------------------------------------
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
Auditor
An officer whose duty is to examine the accounts of officers who have received and dishursed public moneys by lawful authority.
Augmentation
Old English law. The name of a court erected by Henry VIII., which was invested with the power of determining suits and controversies relating to monasteries and abbey lands.
Aula regis
The name of an English court, so called because it was held in the great hall of the king's palace.
Aume
Aume or Awm. An ancient measure, used in measuring Rhenish wines it contained forty gallons.
Aunt
Domestic relations. The sister of one's father or mother; she is a relation in the third degree.
RELATED TERMS--------------------------------------
Complaint
Criminal law. The allegation made to a proper officer, that some person, whether known or unknown, has been guilty of a designated offence, with an offer to prove the fact, and a request that the offender may be punished.
Querela
An action preferred in any court of justice, in which the plaintiff was called querens or complainant, and his brief, complaint, or declaration, was called querela.
Defendant
A party who is sued in a personal action.
Judgment
Practice. The decision or sentence of the law, given by a court of justice or other competent tribunal, as the result of proceedings instituted therein, for the redress of an injury.
Danger
In the law of self defense "apparent danger" means such overt, actual demonstration, by conduct and acts, of a design to take life or to do some great personal injury, as makes killing apparently necessary for self-preservation.
Execution
1) Contracts. The accomplishment of a thing; as the execution of a bond and warrant of attorney, which is the signing, sealing, and delivery of the same. 2) Criminal law. The putting a convict to death, agreeably to law, in pursuance of his sentence.
Matter
Some substantial or essential thing, opposed to form; facts.
Discharge
Practice. The act by which a person in confinement, under some legal process, or held on an accusation of some crime or misdemeauor, is set at liberty; the writing containing the order for his being so set at liberty, is also called a discharge.
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.
General
1) A principal officer, particularly in the army. 2) Something opposed to special; as, a general verdict, the general issue, which expressions are used in contradistinction to special verdict, special issue. 3) Principal, as the general post office. 4) Not select, as a general ship. 5) Not particular, as a general custom. 5) Not limited, as general jurisdiction. 7) This word is sometimes annexed or prefixed to other words to express or limit the extent of their signification; as Attorney General, Solicitor General, the General Assembly.
Release
1) Estates. The "conveyance of a man's interest or right, which he hath unto a thing, to another that hath the possession thereof, or some estate therein." 2) Contracts. A release is the giving or discharging of a right of action which a man has or may claim against another, or that which is his. 3) Releases are of two kinds: 1) Such as give up, discharge, or abandon a right of action. 2) Such as convey a man's interest or right to another, who has possession of it, or some estate in the same.
Debt
Whatever one owes. A sum of money due by certain and express agreement.
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.
Satisfaction
1) Practice. An entry made on the record, by which a party in whose favor a judgment was rendered, declares that he has been satisfied and paid. 2) Construction by courts of equity. Satisfaction is defined to be the donation of a thing, with the intention, express or implied, that such donation is to be an extinguishment of some existing right or claim in the donee.
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.
SIMILAR TERMS--------------------------------------
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.
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.
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--------------------------------------
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
Auditor
An officer whose duty is to examine the accounts of officers who have received and dishursed public moneys by lawful authority.
Augmentation
Old English law. The name of a court erected by Henry VIII., which was invested with the power of determining suits and controversies relating to monasteries and abbey lands.
Aula regis
The name of an English court, so called because it was held in the great hall of the king's palace.
Aume
Aume or Awm. An ancient measure, used in measuring Rhenish wines it contained forty gallons.
Aunt
Domestic relations. The sister of one's father or mother; she is a relation in the third degree.
We thank you for using the Juridical Dictionary to search for Audita querela. If you have a better definition for Audita querela than the one presented here, please let us know by making use of the suggest a term option. This definition of Audita querela may be disputed by other professionals. Our attempt is to provide easy definitions on Audita querela and any other medical topic for the public at large.
This dictionary contains 8526 terms.
|
|