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Charge
Charge1) 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. RELATED TERMS-------------------------------------- Obligation In its general and most extensive sense, obligation is synony- mous with duty. In a more technical meaning, it is a tie which binds us to pay or to do something agreeably to the laws and customs of the country in which the obligation is made. Testator One who has made a testament or will. Devisee A person to whom a devise has been made. Owner Property. The owner is he who has dominion of a thing real or person-al, corporeal or incorporeal, which he has a right to enjoy and to do with as he pleases, even to spoil or destroy it, as far as the law permits, unless he be prevented by some agreement or covenant which restrains his right. Estate A right or interest in property or the property of a deceased person. Performance The act of doing something; the thing done is also called a performance. 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. Opinion 1) Practice. A declaration by a counsel to his client of what the law is, according to his judgment, on a statement of facts submitted to him. The paper upon which an opinion is written is, by a figure of speech, also called an opinion. 2) Evidence. An inference made, or conclusion drawn, by a witness from facts known to him. 3) Judgment. A collection of reasons delivered by a judge for giving the judgment he is about to pronounce the judgment itself is sometimes called an opinion. Court A body in government to which the administration of justice is delegated. Jury A body of persons sworn to inquire into crime and, if appropriate, bring accusations (indictments) against the suspected criminals. Case 1) Practice. A contested question before a court of justicea suit or action a cause. 2) An agreement in writing, between a plaintiff and defendant, that the facts in dispute between them are as there agreed upon and mentioned 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. Characteristic performance The 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. 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-------------------------------------- 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 The 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. Charge 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. 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. 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