Juridical Dictionary

This dictionary contains:
8526
juridical terms

Cognisance of pleas






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.

RELATED TERMS
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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.

Privilege
1) Civil law. A right which the nature of a debt gives to a creditor, and which entitles him to be preferred before other creditors. 2) Maritime law. An allowance to the master of a ship of the general nature with primage, being compensation or rather a gratuity customary in certain trades, and which the law assumes to be a fair and equitable allowance, because the contract on both sides is made under the knowledge such usage by the parties. 3) Rights. This word, taken its active sense, is a particular law, or a particular disposition of the law, which grants certain special prerogatives to some persons, contrary to common right. In its passive sense, it is the same prerogative granted by the same particular law.

King
The chief magistrate of a kingdom, vested usually with the executive power.

City
Government. A town incorporated by that name.

Town
This word is used differently in different parts of the United States. In Pennsylvania and some other of the middle states, it signifies a village or a city. In some of the northeastern states it denotes a subdivision of a county, called in other places a township.

Hold
To decide, adjudge, decree. Whence also freehold and leasehold. "Holding", relating to ownership in property, embraces two idea: actual possession of some subject of property, and being invested with the legal title. It may be applied to anything the subject of property, in law or in equity.

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.

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.

Franchise
1) A right reserved to the people by the constitution; hence we say, the elective franchise, to designate the right of the people to elect their officers. 2) A certain privilege, conferred by grant from the government, and Vested in individuals.

Demand
Contracts. A claim; a legal obligation.

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.

Plea
1) Chancery practice. "A plea," says Lord Bacon, speaking of proceedings in courts of equity, "is a foreign matter to discharge or stay the suit." 2) Practice. The defendant's answer by matter of fact, to the plaintiff's declaration.



SIMILAR TERMS
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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
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.

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
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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
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

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.

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This dictionary contains 8526 terms.