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Characteristic performance
Characteristic performanceThe essential contact of the rebuttable presumption of the Rome Convention, 1980, to the effect that the most closely connected country is the one in which the party who is to carry out the characteristic performance has his habitual residence or its central administration and, in some cases, its principal place of business. RELATED TERMS-------------------------------------- Presumption evidence. An inference as to the existence of one fact, from the existence of some other fact, founded on a previous experience of their connexion Convention 1) Contracts, civil law. A general term which comprehends all kinds of contracts, treaties, pacts, or agreements. It is defined to be the consent of two or more persons to form with each other an engagement, or to dissolve or change one which they had previously formed. 2) , legislation. This term is applied to a selecting of the delegates elected by the people for other purposes than usual legislation. It is mostly used to denote all assembly to make or amend the constitution of, a state, but it sometimes indicates an assembly of the delegates of the people to nominate officers to be supported at an election. Effect The operation of a law, of an agreement, or an act, is called its effect. Country By country is meant the state of which one is a member. 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. Performance The act of doing something; the thing done is also called a performance. Residence The place of one's domicil. There is a difference between a man's residence and his domicil. He may have his domicil in Philadelphia, and still he may have a residence in New York; for although a man can have but one domicil, he may have several residences. A residence is generally tran-sient in its nature, it becomes a domicil when it is taken up animo manendi. Central Relating to the centre, or placed in the centre Administration Government. The management of the affairs of the government; this word is also applied to the persons entrusted with the management of the publio affairs. Cases General term for an action, cause, suit, or controversy, at law or in equity; questions contested before a court of justice. Principal 1) This word has several meanings. It is used in opposition to accessary, to show the degree of crime committed by two persons; thus, we say, the principal is more guilty than the accessary after the fact. 2) Contracts. One who, being competent to contract, and who is sui juris, employs another to do any act for his own benefit, or on his own account. 3) Criminal law. A principal is one who is the actor in the commission of a crime. Place Pleading, evidence. A particular portion of space; locality. SIMILAR TERMS-------------------------------------- Character The qualities impressed by nature or habit on a person, which distinguish him from other persons. These constitute his real character; while the qualities he is supposed to possess constitute his estimated character or reputation. "Reputation" may be evidence of character, but is not character itself. 8 Barb. 608 (1850). That which a person really is, in distinction from that which he may be reputed to be. Character evidence The testimony of witnesses who know the general character and reputation of a person in the community in which he or she lives. It may be considered by the jury in a dual respect: (1) as substantive evidence upon the theory that a person of good character and reputation is less likely to commit a crime than one who does not have a good character and reputation, and (2) as corroborative evidence in support of a witness's testimony as bearing upon credibility. Charge 1) Wills, devises. An obligation which a testator imposes on his devisee. 2) Contracts. An obligation entered into by the owner of an estate which makes the estate responsible for its performance. 3) Practice. The opinion expressed by the court to the jury, on the law arising out of a case before them. Charge to the jury The judge's instructions to the jury concerning the law that applies to the facts of the case on trial. Charger Scotch law. He in whose favor a decree suspended is pronounced; vet a decree may be suspended before a charge is given on it. Charges The term charges signifies the expenses which have been incurred in relation either to a transaction or to a suit; as the charges incurred for his benefit must be paid by a hirer; the defendant must pay the charges of a suit. Charges dropped Any individual who has been arrested may be released from custody by the arresting agency if it is determined that there are insufficient grounds for prosecuting the individual.ÿ Authorization for this type of release may come from the arresting agency at any time during the forty-eight hours preceding the arraignment, and the time of the release will vary accordingly. Charre of lead English law, commerce. A quantity of lead consisting of thirty pigs, each pig containing six stones wanting two pounds, and every stone being twelve pounds. Chart child support method The method used in some legal areas to establish a basis for determining child support. it takes into consideration the gross income of both parents, less special adjustments such as support for children of a previous marriage, and a set amount of money to be allotted monthly for the child. the court has the authority to digress from the said formula as it decides is necessary in each case. Charta An ancient word which signified not only a charter or deed in writing, but any signal or token by which an estate was held. Charta chyrograpihata vel communis Signifies an indenture. Charta de una parte A deed of one part; a deed poll. Charter 1) A grant made by the sovereign either to the whole people or to a portion of them, securing to them the enjoyment of certain rights. 2) Mar. contr. An agreement by which a vessel is hired by the owner to another. Charter-land English law. Land formerly held by deed under certain rents and free services, and it differed in nothing from free socage land. Chartered ship When a ship is hired or freighted by one or more merchants for a particular voyage or on time, it is called a chartered ship. Charterparty A charterparty is a contract of lease of a ship in whole or in part for a long or short period of time or for a particular voyage. It has been said that its origin lies in the mediaeval Latin "carta partita" or "charta partita" or "charta divisa", where an agreement was torn into two pieces and one half was given to each party. Chartis reddendis English law. An ancient writ, now obsolete, which lays against one who had charters of feoffment entrusted to his keeping, and who refused to deliver them. PREVIOUS AND NEXT TERMS-------------------------------------- Chaplain A clergyman appointed to say prayers and perform divine service. Chapman One whose business is to buy and sell goods or other things. Chapter Ecclesiastical law. A congregation of clergymen. Character The qualities impressed by nature or habit on a person, which distinguish him from other persons. These constitute his real character; while the qualities he is supposed to possess constitute his estimated character or reputation. "Reputation" may be evidence of character, but is not character itself. 8 Barb. 608 (1850). That which a person really is, in distinction from that which he may be reputed to be. Character evidence The testimony of witnesses who know the general character and reputation of a person in the community in which he or she lives. It may be considered by the jury in a dual respect: (1) as substantive evidence upon the theory that a person of good character and reputation is less likely to commit a crime than one who does not have a good character and reputation, and (2) as corroborative evidence in support of a witness's testimony as bearing upon credibility. Characteristic performance Charge 1) Wills, devises. An obligation which a testator imposes on his devisee. 2) Contracts. An obligation entered into by the owner of an estate which makes the estate responsible for its performance. 3) Practice. The opinion expressed by the court to the jury, on the law arising out of a case before them. Charge to the jury The judge's instructions to the jury concerning the law that applies to the facts of the case on trial. Charger Scotch law. He in whose favor a decree suspended is pronounced; vet a decree may be suspended before a charge is given on it. Charges The term charges signifies the expenses which have been incurred in relation either to a transaction or to a suit; as the charges incurred for his benefit must be paid by a hirer; the defendant must pay the charges of a suit. Charre of lead English law, commerce. A quantity of lead consisting of thirty pigs, each pig containing six stones wanting two pounds, and every stone being twelve pounds. We thank you for using the Juridical Dictionary to search for Characteristic performance. If you have a better definition for Characteristic performance than the one presented here, please let us know by making use of the suggest a term option. This definition of Characteristic performance may be disputed by other professionals. 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