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| This dictionary contains: 8526 juridical terms |
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Cognisance
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Cognisance1) 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.
RELATED TERMS--------------------------------------
Pleading
Practice. The statement in a logical, and legal form, of the facts which constitute the plaintiff's cause of action, or the defendant's ground of defence; it is the formal mode of alleging that on the record, which would be the support, or the defence of the party in evidence.
Defendant
A party who is sued in a personal action.
Action
1) French commercial. Stock in a company, shares in a corporation. 2)Civil law. An action instituted to avoid a sale onaccount of some Vice or defect in the thing sold which readers it either absolutely useless, or its use so inconvenient and, imperfect, that it must be, supposed the buyer would not have purchased it, had he known of the vice.
Replevin
Remedies. The name of an action for the recovery of goods and chattels.
Taking
1) English law. The union of securities given at different times, so as to prevent any intermediate purchasers claiming title to redeem, or otherwise discharge one lien, which is prior, without redeeming or discharging other liens also, which are subsequent to his own title. 2) Crim. torts. The act of laying hold upon an article, with or without removing the same; a felonious taking is not sufficient without a carrying away, to constitute the crime of larceny.
Legal
That which is according to law. It is used in opposition to equitable, as the legal estate is, in the trustee, the equitable estate in the cestui que trust.
Right
1) Sometimes it signifies a law, as when we say that natural right requires us to keep our promises, or that it commands restitution, or that it forbids murder. In our language it is seldom used in this sense. 2) It sometimes means that quality in our actions by which they are denominated just ones. This is usually denominated rectitude. 3) It is that quality in a person by which he can do certain actions, or possess certain things which belong to him by virtue of some title. In this sense, we use it when we say that a man has a right to his estate or a right to defend himself.
Account
Practice. 1) A statement of the receipts and payments of an executor, administrator, or other trustee, of the estate confided to him. 2) An account is also the statement of two merchants or others who have dealt together, showing the debits and credits between them.
Command
1) It signifies an order; an apprentice is bound to obey the lawful command of his master; a constable may command rioters to keep the peace. 2) He who commands another to do an unlawful act, is accessary to it. 3) Command is also equivalent to deputation or voluntary substitution; as, when a master employs one to do a thing, he is said to have Commanded him to do it; and he is responsible accordingly.
Subject
1) Contracts. The thing which is the object of an agreement. This term is used in the laws of Scotland. 2) Persons, government. An individual member of a nation, who is subject to the laws; this term is used in contradistiction to citizen, which is applied to the same individual when considering his political rights.
Suit
An action. The word suit in the 25th section of the judiciary act of 1789, applies to any proceeding in a court of justice, in which the plaintiff pursues, in such court, the remedy which the law affords him. An application for a prohibition is therefore a suit.
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.
Jurisdiction
Practice. A power constitutionally conferred upon a judge or magistrate, to take cognizance of, and decide causes according to law, and to carry his sentence into execution. The tract of land or district within which a judge or magistrate has jurisdiction, is called his territory, and his power in relation to his territory is called his territorial jurisdiction.
Power
This is either inherent or derivative. The former is the right, ability, or faculty of doing something, without receiving that right, ability, or faculty from another. The people have the power to establish a form of govemment, or to change one already established. A father has the legal power to chastise his son; a master, his apprentice.
Hearing
"1) Chwncery practice. The term, hearing is given to the trial of a chancery suit. 2) Criminal law. The examination of a prisoner charged with a crime or misdemeanor, and of the witnesses for the accuser.
Matter
Some substantial or essential thing, opposed to form; facts.
SIMILAR TERMS--------------------------------------
Cognati
Cognates. This term occurs frequently in the Roman civil law, and denotes collateral heirs through females
Cognation
Civil law. Signifies generally the kindred which exists between two persons who are united by ties of blood or family, or both.
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--------------------------------------
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
Civil law. Signifies generally the kindred which exists between two persons who are united by ties of blood or family, or both.
Cognisance
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.
RELATED TERMS--------------------------------------
Pleading
Practice. The statement in a logical, and legal form, of the facts which constitute the plaintiff's cause of action, or the defendant's ground of defence; it is the formal mode of alleging that on the record, which would be the support, or the defence of the party in evidence.
Defendant
A party who is sued in a personal action.
Action
1) French commercial. Stock in a company, shares in a corporation. 2)Civil law. An action instituted to avoid a sale onaccount of some Vice or defect in the thing sold which readers it either absolutely useless, or its use so inconvenient and, imperfect, that it must be, supposed the buyer would not have purchased it, had he known of the vice.
Replevin
Remedies. The name of an action for the recovery of goods and chattels.
Taking
1) English law. The union of securities given at different times, so as to prevent any intermediate purchasers claiming title to redeem, or otherwise discharge one lien, which is prior, without redeeming or discharging other liens also, which are subsequent to his own title. 2) Crim. torts. The act of laying hold upon an article, with or without removing the same; a felonious taking is not sufficient without a carrying away, to constitute the crime of larceny.
Legal
That which is according to law. It is used in opposition to equitable, as the legal estate is, in the trustee, the equitable estate in the cestui que trust.
Right
1) Sometimes it signifies a law, as when we say that natural right requires us to keep our promises, or that it commands restitution, or that it forbids murder. In our language it is seldom used in this sense. 2) It sometimes means that quality in our actions by which they are denominated just ones. This is usually denominated rectitude. 3) It is that quality in a person by which he can do certain actions, or possess certain things which belong to him by virtue of some title. In this sense, we use it when we say that a man has a right to his estate or a right to defend himself.
Account
Practice. 1) A statement of the receipts and payments of an executor, administrator, or other trustee, of the estate confided to him. 2) An account is also the statement of two merchants or others who have dealt together, showing the debits and credits between them.
Command
1) It signifies an order; an apprentice is bound to obey the lawful command of his master; a constable may command rioters to keep the peace. 2) He who commands another to do an unlawful act, is accessary to it. 3) Command is also equivalent to deputation or voluntary substitution; as, when a master employs one to do a thing, he is said to have Commanded him to do it; and he is responsible accordingly.
Subject
1) Contracts. The thing which is the object of an agreement. This term is used in the laws of Scotland. 2) Persons, government. An individual member of a nation, who is subject to the laws; this term is used in contradistiction to citizen, which is applied to the same individual when considering his political rights.
Suit
An action. The word suit in the 25th section of the judiciary act of 1789, applies to any proceeding in a court of justice, in which the plaintiff pursues, in such court, the remedy which the law affords him. An application for a prohibition is therefore a suit.
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.
Jurisdiction
Practice. A power constitutionally conferred upon a judge or magistrate, to take cognizance of, and decide causes according to law, and to carry his sentence into execution. The tract of land or district within which a judge or magistrate has jurisdiction, is called his territory, and his power in relation to his territory is called his territorial jurisdiction.
Power
This is either inherent or derivative. The former is the right, ability, or faculty of doing something, without receiving that right, ability, or faculty from another. The people have the power to establish a form of govemment, or to change one already established. A father has the legal power to chastise his son; a master, his apprentice.
Hearing
"1) Chwncery practice. The term, hearing is given to the trial of a chancery suit. 2) Criminal law. The examination of a prisoner charged with a crime or misdemeanor, and of the witnesses for the accuser.
Matter
Some substantial or essential thing, opposed to form; facts.
SIMILAR TERMS--------------------------------------
Cognati
Cognates. This term occurs frequently in the Roman civil law, and denotes collateral heirs through females
Cognation
Civil law. Signifies generally the kindred which exists between two persons who are united by ties of blood or family, or both.
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--------------------------------------
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
Civil law. Signifies generally the kindred which exists between two persons who are united by ties of blood or family, or both.
Cognisance
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.
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This dictionary contains 8526 terms.
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