Juridical Dictionary

This dictionary contains:
8526
juridical terms

Benefit of clergy




Benefit of clergy

English law. An exemption of the punishment of death which the laws impose on the commission of certain crimes, on the culprit demanding it.

RELATED TERMS
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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.

Exemption
A privilege which dispenses with the general rule; clergymen are exempt from serving on juries. Exemptions are generally allowed, not for the benefit of the individual, but for some public advantage.

Punishment
Criminal law. Some pain or penalty warranted by law, inflicted on a person, for the commission of a crime or misdemeanor, or for the omission of the performance of an act required by law, by the judgment and command of some lawful court.

Death
Cessation of life; extinction of political existence.

Commission
1) Contracts, civil law. When one undertakes, without reward, to do something for another in respect to a thing bailed. This term is frequently used synonymously with mandate. 2) Criminal law. The act of perpetrating an offence. 3) Office. Persons authorized to act in a certain matter. 4) practice. An instrument issued by a court of, justice, or other competent tribunal, to authorize a person to take depositions, or do any other act by authority of such court, or tribunal, is called a commission. 5) Government. Letters-patent granted by the government, under the public seal, to a person appointed to an office, giving him authority to perform the duties of his office.

Culprit
Criminal law. When a prisoner is arraigned, and he pleads not guilty, in the English practice, the clerk, who arraigns him on behalf of the crown, replies that the prisoner is guilty, and that he is ready to prove the accusation.



SIMILAR TERMS
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Benefice
Ecclesiastical law. In its most extended sense, any ecclesiastical preferment or dignity.

Beneficial
Of advantage, profit or interest; as the wife has a beneficial interest in property held by a trustee for her.

Beneficial interest
The right of a party to some profit, distribution, or benefit from a contract or trust. A beneficial interest is distinguished from the rights of someone like a trustee or official who has responsibility to perform and/or title to the assets but does not share in the benefits.

Beneficial owner
A term usually referring to the registered shipowner, but which may also designate another party having the equitable ownership of the vessel where it is operated under the cloak of a trust.

Beneficiaries
Aliens on whose behalf a U.S. citizen, legal permanent resident, or employer have filed a petition for such aliens to receive immigration benefits from the U.S. Citizenship and Immigration Services. Beneficiaries generally receive a lawful status as a result of their relationship to a U.S. citizen, lawful permanent resident, or U.S. employer.

Beneficiary
A broad definition for any person or entity who is to receive assets or profits from an estate, a trust, an insurance policy or any instrument in which there is distribution.

Beneficiary heir
Civil law. Beneficiary heirs are those who have accepted the succession under the benefit of an inventory regularly made. If the heir apprehend that the succession-will be burdened with debts beyond its value, he accepts with benefit of inventory, and in that case he is responsible only for the value of the succession.

Beneficio primo ecclesiastico habendo
English Ecclesiastical law. A writ directed from the king to the chancellor, commanding him to bestow the benefice which shall first fall in the king's gift, above or under a certain value, upon a particular and certain person.

Beneficium competentiae
The right which an insolvent debtor had, among the Romans, on making session of his property for the benefit of his creditors, to retain what was required for him to live honestly according to his condition.

Benefit
This word is used in the same sense as gain and profits.

Benefit of cession
Civil law. The release of a debtor from future imprisonment for his debts, which the law operates in his favor upon the surrender of his property for the benefit of his creditors.

Benefit of discussion
Civil law. The right which a surety has to cause the property of the principal debtor to be applied in satisfaction of the obligation in the first instance.

Benefit of division
In the civil law, which, in this respect, has been adopted in Louisiana, although, when there are several sureties, each one is bound for the whole debt, yet when one of them is sued alone, he has a right to have the debt apportioned among all the solvent sureties on the same obligation, so that he shall be compelled to pay his own share only.

Benefit of inventory
Civil law. The benefit of inventory is the privilege which the heir obtains of being liable for the charges and debts of the succession, only to the value of the effects of the succession, in causing an inventory of these effects within the time and manner proscribed by law.

Benevolence
1) Duty. The doing a kind action to another, from mere good will, without any legal obligation. 2) English law. An aid given by the subjects to the king under a pretended gratuity, but in realty it was an extortion and imposition.



PREVIOUS AND NEXT TERMS
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Beneficiary heir
Civil law. Beneficiary heirs are those who have accepted the succession under the benefit of an inventory regularly made. If the heir apprehend that the succession-will be burdened with debts beyond its value, he accepts with benefit of inventory, and in that case he is responsible only for the value of the succession.

Beneficio primo ecclesiastico habendo
English Ecclesiastical law. A writ directed from the king to the chancellor, commanding him to bestow the benefice which shall first fall in the king's gift, above or under a certain value, upon a particular and certain person.

Beneficium competentiae
The right which an insolvent debtor had, among the Romans, on making session of his property for the benefit of his creditors, to retain what was required for him to live honestly according to his condition.

Benefit
This word is used in the same sense as gain and profits.

Benefit of cession
Civil law. The release of a debtor from future imprisonment for his debts, which the law operates in his favor upon the surrender of his property for the benefit of his creditors.

Benefit of clergy

Benefit of discussion
Civil law. The right which a surety has to cause the property of the principal debtor to be applied in satisfaction of the obligation in the first instance.

Benefit of division
In the civil law, which, in this respect, has been adopted in Louisiana, although, when there are several sureties, each one is bound for the whole debt, yet when one of them is sued alone, he has a right to have the debt apportioned among all the solvent sureties on the same obligation, so that he shall be compelled to pay his own share only.

Benefit of inventory
Civil law. The benefit of inventory is the privilege which the heir obtains of being liable for the charges and debts of the succession, only to the value of the effects of the succession, in causing an inventory of these effects within the time and manner proscribed by law.

Benevolence
1) Duty. The doing a kind action to another, from mere good will, without any legal obligation. 2) English law. An aid given by the subjects to the king under a pretended gratuity, but in realty it was an extortion and imposition.

Bequeath
A gift of personal property by will.

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This dictionary contains 8526 terms.







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