Juridical Dictionary

This dictionary contains:
8526
juridical terms

Certificate, judge's




Certificate, judge's

English practice. The judge who tries the cause is authorized by several statutes in certain cases to certify, so as to decide when the party or parties shall or shall not be entitled to costs.

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Practice
The form, manner and order of conducting and carrying on suits or prosecutions in the courts through their various stages, according, to the principles of law, and the rules laid down by the respective courts.

Judge
An elected or appointed public official with authority to hear and decide cases in a court of law.

Cause
1) Civil law. It signifies the delivery of the thing, or the accomplishment of the act which is the object of a convention. 2) It is the consideration or motive for making a contract. 3) Pleading. The reason; the motive. 4) Practice. A contested question before a court of justice; it is a Suit or action.

Several
A state of separation or partition. A several agreement or cove-nant, is one entered into by two or more persons separately, each binding himself for the whole; a several action is one in which two or more persons are separately charged; a several inheritance, is one conveyed so as to descend, or come to two persons separately by moieties. Several is usually opposed to joint.

Cases
General term for an action, cause, suit, or controversy, at law or in equity; questions contested before a court of justice.

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.

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.

Parties
Contracts. Those persons who engage themselves to do, or not to do the matters and things contained in an agreement.

Costs
This is a term often used in judgments as in "the defendant will pay costs." When a person is condemned to "costs" it means that he has to pay all the court costs such as the fees for bringing the action, witness fees and other fees paid out by the other side in bringing the action to justice. A court can also condemn a losing party to "special costs" but this is considered punitive as it would include the other side's lawyer bill. The rule in most places is that "costs follows the event" which means that the loser pays. In most states, the court has the final say on costs and may decide not to make an order on costs.



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Certificate of incorporation
A company is a separate legal entity governed by the Companies Act, which conducts activities on its own behalf and is distinct from the persons who own and control it. The shareholders are the owners and control the company, but their liability in relation to the company's creditors is limited. Incorporation is the process by which the company is entered on the register at the Companies Registry, and thereby comes into existence as a separate legal person. A Certificate of Incorporation will be sent to the company by the Companies Registry on first incorporation and on any change of name.

Certificate of mailing
A written statement proving to the court that a copy of a certain document was mailed to the person for whom it was intended.

Certificate of service
A written statement proving to the court and completed by a process server that a copy of a document was served to the person for whom it was intended.

Certificate of title
Document issued by Registrar of Titles for real estate registered under the Torrens System, which is considered conclusive evidence of the present ownership and state of the title to the property described therein.

Certificate, attorney's
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.

Certificate, judge's

Certification
1) Written attestation. 2) Authorized declaration verifying that an instrument is a true and correct copy of the original.

Certification or certificate of assise
A term used in the old English law, applicable to a writ granted for the reexamination or re-trial of a matter passed by assise before justices.

Certified copy
A copy of the document contained in the court file. it includes a stamped seal confirming that the copy is indeed a true and correct copy of the document contained in the court file.

Certiorari
(United Kingdom) A writ from a High Court to a lower Court.

Cessante ratione legis, cessat ipsa lex
A Latin maxim, meaning "When the reason for the law ends, the law itself lapses".

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This dictionary contains 8526 terms.







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