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Cognation
CognationCivil law. Signifies generally the kindred which exists between two persons who are united by ties of blood or family, or both. RELATED TERMS-------------------------------------- Civil 1) It is used in contradistinction to barbarous or savage, to indicate a state of society reduced to order and regular government; thus we speak of civil life, civil society, civil government, and civil liberty. 2) It is sometimes used in contradistinction to criminal, to indicate the private rights and remedies of men, as members of the community, in contrast to those which are public and relate to the government; thus we speak of civil process and criminal process, civil jurisdiction and criminal jurisdiction. 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. Kindred Relations by blood. Nature has divided the kindred of every one into three principal classes: 1. His children, and their descendants. 2. His father, mother, and other ascendants. 3. His collateral relations; which include, in the first place, his brothers and sisters, and their descendants and, secondly, his uncles, cousins, and other relations of either sex, who have not descended from a brother or sister of the deceased. All kindred then are descendants, ascendants, or collaterals. A hushand or wife of the deceased, therefore, is not his or her kindred. Blood Kindred. 1) This word, in the law sense, is used to signify relationship, stock, or family; as, of the blood of the ancestor. 2) Brothers and sisters are said to be of the whole blood, if they have the same father and mother of the half blood, if they have only one parent in common. Family Domestic relations. In a limited sense it signifies the father, mother, and children. In a more extensive sense it comprehends all the individuals who live under the authority of another, and includes the servants of the family. It is also employed to signify all the relations who descend from a common ancestor, or who spring from a common root. SIMILAR TERMS-------------------------------------- Cognati Cognates. This term occurs frequently in the Roman civil law, and denotes collateral heirs through females Cognisance 1) Pleading. Where the defendant in an action of replevin acknowledges the taking of the distress, and insists that such taking was legal, not because he himself had a right to distrain on his own account, but because he made the distress by the command of another, who had a right to distrain on the goods which are the subject of the suit. 2) practice. Sometimes signifies jurisdiction and juudicial power, an sometimes the hearing of a matter judicially. Cognisance of pleas English law. A privilege granted by the king to a city or town, to hold pleas within the same; and when any one is impleaded in the courts at Westminster, the owner of the franchise may demand cognisance of the plea. Cognisee He to whom a fine of lands, &c. is acknowledged. Cognisor English law. One who passes or acknowledges,a fine of lands or tenements to another, in distinction from the cogzisee, to whom the fine of the lands, &c. is acknowledged. Cognitionibus admittendis English law, practice. A writ to a justice ,or other person, who has power to take a fine, and having taken the acknowledgment of a fine, delays to certify it in the court of common pleas, requiring him to do it. Cognomen A Latin word, which signifies a family name. Cognovit Contr. leading. A written confession of an action by a defendant, subscribed but not sealed, and authorizing the plaintiff to sign judgment and issue execution, usually for a sum named. PREVIOUS AND NEXT TERMS-------------------------------------- Codicil An amendment to an existing will. Does not mean that the will is totally changed; just to the extent of the codicil. Coerce To influence action against someone's will, usually by threat. Coercion Compulsion; constraint; duress. Implied or legal coercion is when a person, under legal subjection to another, is induced to do an act involuntarily. Co-executor One who is executor of a will in company with another. Cognati Cognates. This term occurs frequently in the Roman civil law, and denotes collateral heirs through females Cognation Cognisance 1) Pleading. Where the defendant in an action of replevin acknowledges the taking of the distress, and insists that such taking was legal, not because he himself had a right to distrain on his own account, but because he made the distress by the command of another, who had a right to distrain on the goods which are the subject of the suit. 2) practice. Sometimes signifies jurisdiction and juudicial power, an sometimes the hearing of a matter judicially. Cognisance of pleas English law. A privilege granted by the king to a city or town, to hold pleas within the same; and when any one is impleaded in the courts at Westminster, the owner of the franchise may demand cognisance of the plea. Cognisee He to whom a fine of lands, &c. is acknowledged. Cognisor English law. One who passes or acknowledges,a fine of lands or tenements to another, in distinction from the cogzisee, to whom the fine of the lands, &c. is acknowledged. Cognitionibus admittendis English law, practice. A writ to a justice ,or other person, who has power to take a fine, and having taken the acknowledgment of a fine, delays to certify it in the court of common pleas, requiring him to do it. We thank you for using the Juridical Dictionary to search for Cognation. 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