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Avoidance
Avoidance1) Ecclesiastical law. It is when a benefice becomes vacant for want of an incumbent; and, in this sense, it is opposed to plenarty. 2) Pleading. The introductiou of new or special matter, which, admitting the premises of the opposite party, avoids or repels his conclusions. RELATED TERMS-------------------------------------- Ecclesiastical Belonging to, or set apart for the church. Law A rule or body of rules of conduct inherent in human nature and essential to or binding upon human society. The learned profession that is mastered by graduate study in a law school and that is responsible for the judicial system. When 1) At which time, in wills, standing by itself unqualified and unexplained, this is a word of condition denoting the time at which the gift is to continence. 2) The context of a will may show that the word when is to be applied to the possession only, not to the vesting of a legacy; but to justify this construction, there must be circumstances, or other expressions in the will, showing such to have been the testator's intent. Benefice Ecclesiastical law. In its most extended sense, any ecclesiastical preferment or dignity. Incumbent Ecclesiastical law. A clerk resident on his benefice with cure; he is so called because he does, or ought to, bend the whole of his studies to his duties. In common parlance, it signifies one who is in the possession of an office. Plenarty Ecclesiastical law. Signifies that a benefice is full. Pleading Practice. The statement in a logical, and legal form, of the facts which constitute the plaintiff's cause of action, or the defendant's ground of defence; it is the formal mode of alleging that on the record, which would be the support, or the defence of the party in evidence. Special That which relates to a particular species or kind, opposed to general; as special verdict and general verdict; special imparlance and general imparlance; special jury, or one selected for a particular case, and general jury; special issue and general issue, &c. Matter Some substantial or essential thing, opposed to form; facts. Premises 1) That which is put before. The word has several significations; sometimes it means the statements which have been before made; as, I act upon these premises; in this sense, this word may comprise a variety of subjects, having no connexion among themselves. 2) Estates. Lands and tenements are usually, called premises, when particularly spoken of; as, the premises will be sold without reserve. 3) Conveyancing. That part in the beginning of a deed, in which are set forth the names of the parties, with their titles ana additions, and in which are recited such deeds, agreements, or matters of fact, as are necessary to explain the reasons upon which the contract then entered into is founded; and it is here also the consideration on which it is made, is set down, and the certainty of the thing granted. 4) Equity pleading. That part of a bill usually denominated the stating part of the bill. It contains a narrative of the facts and circumstances of the plaintiff's case, and the wrongs of which he complains, and the names of the persons by whom done, and against whom he seeks redress. 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-------------------------------------- Avoid To make empty, put out of the way. To cause to be or become empty; to render useless or void; to make inoperative or of no effect; to nullify. As oppossed to: affirm, confirm. Avoidance of the law In the conflict of law, the intentional arrangement of connecting factors (contacts) (infra) in an agreement, usually by equal bargaining parties, for a legitimate purpose, in order to ensure the applicability to the agreement of a particular law or jurisdiction. Avoir du pois Common law. The name of a peculiar weight. This kind of weight is so named in distinction from the Troy weight. One pound avoir du pois contains 7000 grains Troy; that is, fourteen ounces, eleven pennyweights and sixteen grains Troy a pound avoir du pois contains sixteen ounces; and an ounce sixteen drachms. Thirty-two cubic feet of pure spring-water, at the temperature of fifty-six degrees of Fahrenheit's thermometer, make a ton of 2000 pounds avoir du pois, or two thousand two hundred and forty pounds net weight. PREVIOUS AND NEXT TERMS-------------------------------------- Aver To assert for the truth; to state in positive terms; to allege formally. Averia Cattle. This word, in its most enlarged signification is used to include horses of the plough, oxen and cattle. Averiis captis in withernam English. law. The name of a writ which lies in favor of a man whose cattle have been unlawfully taken by another, and driven out of the county where they were taken, so that they cannot be replevied. Averment French averer, to affirm as true: Latin ad, to; verum, truth. A positive statement of the truth of a fact; a formal allegation in pleading. Avoid To make empty, put out of the way. To cause to be or become empty; to render useless or void; to make inoperative or of no effect; to nullify. As oppossed to: affirm, confirm. Avoidance Avoidance of the law In the conflict of law, the intentional arrangement of connecting factors (contacts) (infra) in an agreement, usually by equal bargaining parties, for a legitimate purpose, in order to ensure the applicability to the agreement of a particular law or jurisdiction. Avoir du pois Common law. The name of a peculiar weight. This kind of weight is so named in distinction from the Troy weight. One pound avoir du pois contains 7000 grains Troy; that is, fourteen ounces, eleven pennyweights and sixteen grains Troy a pound avoir du pois contains sixteen ounces; and an ounce sixteen drachms. Thirty-two cubic feet of pure spring-water, at the temperature of fifty-six degrees of Fahrenheit's thermometer, make a ton of 2000 pounds avoir du pois, or two thousand two hundred and forty pounds net weight. Avouciier The call which the tenant makes on another who is bound to him by warranty to come into court, either to defend the right against the demandant, or to yield him other land in value Avow Latin Ad-vovere, to vow to: ad-vocare. To declare openly; to acknowledge and justify an act; opposed to disavow. Avowant Practice, pleading. One who makes an avowry. We thank you for using the Juridical Dictionary to search for Avoidance. If you have a better definition for Avoidance than the one presented here, please let us know by making use of the suggest a term option. This definition of Avoidance may be disputed by other professionals. Our attempt is to provide easy definitions on Avoidance and any other medical topic for the public at large.
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