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Commencement of a suit or action
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Commencement of a suit or actionThe suit is considered as commenced from the issuing of the writ;
RELATED TERMS--------------------------------------
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.
Writ
An official court document, signed by a judge or bearing an official court seal, which commands the person to whom it is addressed, to do something specific. That "person" is typically either a sheriff (who may be instructed to seize property, for example) or a defendant (for whom the writ is the first notice of formal legal action. In these cases, the writ would command the person to answer the charges laid out in the suit, or else judgment may be made against them in their absence).
SIMILAR TERMS--------------------------------------
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.
Commandos (prison)
In the US penitentiary slang, prisoners who go to another prisoners bunk or cell, after lights out, for sexual reasons.
Commendatary
A person who holds a church living or presentment in commendam.
Commendation
The act of recommending, praising. A merchant who merely commends goods he offers for sale, does not by that act warrant them, unless there is some fraud: simplex commendatio non obligat.
Commendators
Ecclesiastical law. Secular persons upon whom ecclesiastical benefices are bestowed, because they were commended and instructed to their oversight: they are merely trustees.
Commerce
Latin commercium. In its simplest signification, an exchange of goods; but in the advancement of society, labor, transportation, itelligence, care and various mediums of exchange, become commodities and enter into commerce. Gibbens v. Ogden, 9 Wheat. 1, 229 (1824), Marshall, Chief Justice. The interchange or mutual change of goods, productions, or property of any kind, between nations or individuals.
Commercial bribery
Giving and accepting payments to favor or not favor a commercial transaction or relationship.
Commercial litigation
Litigation provoked by a commercial dispute.
Commissariate
The whole body of officers who act in the department of the commissary, are called the, commissariate.
Commissary
An officer whose principal duties are to supply the army witli provisions.
Commissary (prison)
In the US penitentiary jargon, the jail store for inmates, which provides food and hygiene items, correspondence material, tennis shoes, reading glasses, phone cards and over-the-counter medication.ÿ
Commission
1) Contracts, civil law. When one undertakes, without reward, to do something for another in respect to a thing bailed. This term is frequently used synonymously with mandate. 2) Criminal law. The act of perpetrating an offence. 3) Office. Persons authorized to act in a certain matter. 4) practice. An instrument issued by a court of, justice, or other competent tribunal, to authorize a person to take depositions, or do any other act by authority of such court, or tribunal, is called a commission. 5) Government. Letters-patent granted by the government, under the public seal, to a person appointed to an office, giving him authority to perform the duties of his office.
Commission merchant
One employed to sell goods for another on commission; a factor. He is sometimes called. a consignee, and the goods he receives are a consignment.
Commission of lunacy
A writ issued out of chancery, or such court as may have jurisdiction of the case directed to a proper officer, to inquire whether a person named therein is a lunatic or not.
Commission of reb ellion
Chan. prac. The name of a writ issuing out of chancery, generally directed to four special commissioners, named by the plaintiff, commanding them to attach the defendant wheresoever he may be found within the state, as a rebel and contemner of the law
Commission of rebellion
A commission of rebellion is the name of a writ issuing out of chancery to compel the defendant to appear.
Commissioner
Officer. One who has a lawful commission to execute a public office.
Commissioner of patents
The name of an officer of the United States whose duties are detailed in the act to promote the useful arts which will be found under the article Patent.
Commissioners of bail
Practice. Officers appointed by some courts to take recognizances of bail in civil cases.
Commissioners of sewers
English law. Officers whose duty it is to repair sea banks aud walls, survey rivers, public streams, ditches
Commit
To send a person to prison, asylum, or reformatory by a court order.
Committee
1) Legislation. One or more members of a legislative body to whom is specially referred some matter before that body, in order that they may investigate and examine into it and report to those who delegated this authority to them. 2) When a person has been found non compos, the law requires that a guardian should be appointed to take care of his person and estate; this guardian is called the committee.
Committitur piece
English law. An instrument in writing, on paper or parchment, which charges a person already in prison, in execution at the suit of, the person who arrested him.
Commixtion
Civil law. This term is used to signify the act by which goods are mixed together.
Commodate
Contracts. A term used in the Scotch law, which is synonymous to the Latin commodatum, or loan for use.
Commodatum
A contract, by which one of the parties binds himself to return to the other certain personal chattels which the latter delivers to him, to be used by him, without reward; loan -for use.
Commodity
Convenience, privilege, profit, gain; popularity, goods, wares, merchandise.
Commodum
Latin. Convenience, benefit, advantage.
Common
marriage law. a marriage in which no formal ceremony took place and no license exists.
Common appendant
English law. A right attached to arable land, and is an incident of tenure, and supposed to have originated by grant of the lord or owner of a manor or waste, in consideration of certain rents or services, or other value, to a freeholder or copyholder of plough land, and at the same time either expressly or by implication, and as of common right and necessity common appendant over his other wastes and commons.
Common appurtenant
English law. A right granted by deed, by the owner of waste or other land, to another person, owner of other land, to have his cattle, or a particular description of cattle
Common assurances
Title by deeds are so called, because, it is said, every man ' s estate is assured to him; these deed's or instruments operate either as conveyances or as charges.
Common bail
The formal entry of fictitious sureties in the proper office of the court, which is called filing common bail to the action.
Common bar
Pleading. A plea to compel the plaintiff to assign the particular place where the trespass has been Committed.
Common bench
Bancus communis. The court of common pleas was anciently called common bench, because the pleas and controversies there determined were between common persons.
Common carriage
Carriage performed by a "common carrier", who undertakes to transport the public's goods from and to places advertised and at times advertised, usually on regular, "liner" (infra) routes and under "liner" bills of lading, in consideration of the payment of freight (infra) by the shipper (infra). Common carriage is the opposite of private carriage.
Common council
In many cities the charter provides for their government, in imitation of the national and state governments.
Common counts
Certain general counts, not founded on any special contract, which are introduced in a declaration, for the purpose of preventing a defeat of a just right by the accidental variance of the evidence.
Common fishery
A fishery to which all persons have a right, such as the cod fisheries off Newfoundland.
Common highway
By this term is meant a road to be used by the community at large for any purpose of transit or traffic.
Common home state exception
If the perpetrator of the delict and the victim have a domicile or residence in the same country, the law of that country applies. "In any case where the person who committed the injurious act and the victim have their domiciles or residences in the same country, the law of that country applies."
Common informer
One who, without being specially required by law, or by virtue of his office, gives information of crimes, offences or misdemeanors, which have been committed, in order to prosecute the offenders; a prosecutor.
Common intent
Construction. The natural sense given to words.
Common law
That which derives its force and authority from the universal consent and immemorial practice of the people.
Common law marriage
A marriage under common law (see).
Common nuisance
One which affects the public in general, and not merely some particular person.
Common pleas
1) The name of a court having jurisdiction generally of civil actions. 2) By common pleas, is also understood, such pleas or actions as are brought by private persons against private persons; or by the government, when the cause of action is of a civil nature.
Common recovery
A judgment recovered in a fictitious suit, brought against the tenant of the freehold, in consequence of a default made by the person who is last vouched to warranty in the suit. A common recovery is a kind of conveyance.
Common scold
Crim. law, communes rixatrix. A woman, who, in consequence of her boisterous, disorderly and quarrelsome tongue, is a public nuisance to the neighborhood.
Common seal
A seal used by a corporation.
Common sense
Medical jurisprudence. When a person possesses those perceptions, associations and judgments, in relation to persons and things, which agree with those of the generality of mankind, he is said to possess common sense.
Common share
The basic share in a company. Typically, common shares have voting rights and a pro rata right to any dividends declared. They differ from preferred shares which, by definition, carry some kind of right or privilege above the common shares (eg. first to receive any dividends).
Common traverse
This kind of traverse differs from those called technical traverses principally in this, that it is preceded by no inducement general or special; it is taken without an absque hoc, or any similar words, and is simply a direct denial of the adverse allegations, in common language, and always concludes to the country.
Common venture
A basic theme in maritime law, reflecting the understanding of maritime commerce as a joint undertaking on the part of shippers (infra), carriers (supra) and consignees (infra); shipowners and charterers; and their respective insurers, who (directly or indirectly) confront the perils of the sea together, and who should therefore share both the profits and the risks attendant upon their combined operation.
Common vouchee
In common recoveries, the person who vouched to warranty. In this fictitious proceeding, the crier of the court usually performs the office of a common vouchee.
Common, tenants in
Tenants in common are such as hold an estate, real or personal, by several distinct titles, but by a unity of possession.
Commonalty
English law. 1) The common people of England, as contradistinguished from the king and the nobles; 2) The body of a society as the masters, wardens, and commonalty of such a society.
Commoner
One who is entitled with others to the use of a common.
Commons
English law. Those subjects of the English nation who are not noblemen.
Commonwealth
Government. A commonwealth is properly a free state, or republic, having a popular or representative government.
Commorancy
Persons. An abiding dwelling, or continuing as an inhabitant in any place. It consists, properly, in sleeping usually in one place.
Commorant
One residing or inhabiting a particular place.
Commorientes
This Latin word signifies those wbo die at the same time, as, for example, by shipwreck.
Communication
Contracts. Information; consultation; conference.
Communings
Scotch law. This term is used to express the negotiations which have taken place before making a contract, in relation thereto.
Communio bonorum
Civil law. Common goods.
Community property
All income or property that was acquired during the marriage, with exception to gifts or inheritances.
Community residential programs
In the United States, programs for prison inmates to do community service.
Commutation
Punishments. The change of a punishment to which a person has been condemned into a less severe one.
Commutations and pardons
In the United States, under the authority of each state's constitution, the governor has the power to grant executive clemency through pardons and commutations.
Commutative contract
Civil law. One in which each of the contracting parties gives and, receives an equivalent.
Commutative justice
That virtue whose object is, to render to every one what belongs to him, as nearly as may be, or that which governs contracts.
PREVIOUS AND NEXT TERMS--------------------------------------
Comes
1) Offices. A Count. An officer during the middle ages, who possessed civil and military authority. 2) Pleading. The word comes, venit, expresses the appearance of the defendant , in court.
Comitatus
A county. Most of the states are divided into counties.
Comites
Persons who are attached to a public minister, are so called.
Comity
The doctrine requiring courts of one state to recognize the laws and judgments of competent courts of another state, in order to secure the reciprocal recognition by that foreign state of the laws and the judgments of the first state.
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.
Commencement of a suit or action
Commendatary
A person who holds a church living or presentment in commendam.
Commendation
The act of recommending, praising. A merchant who merely commends goods he offers for sale, does not by that act warrant them, unless there is some fraud: simplex commendatio non obligat.
Commendators
Ecclesiastical law. Secular persons upon whom ecclesiastical benefices are bestowed, because they were commended and instructed to their oversight: they are merely trustees.
Commerce
Latin commercium. In its simplest signification, an exchange of goods; but in the advancement of society, labor, transportation, itelligence, care and various mediums of exchange, become commodities and enter into commerce. Gibbens v. Ogden, 9 Wheat. 1, 229 (1824), Marshall, Chief Justice. The interchange or mutual change of goods, productions, or property of any kind, between nations or individuals.
Commercial bribery
Giving and accepting payments to favor or not favor a commercial transaction or relationship.
RELATED TERMS--------------------------------------
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.
Writ
An official court document, signed by a judge or bearing an official court seal, which commands the person to whom it is addressed, to do something specific. That "person" is typically either a sheriff (who may be instructed to seize property, for example) or a defendant (for whom the writ is the first notice of formal legal action. In these cases, the writ would command the person to answer the charges laid out in the suit, or else judgment may be made against them in their absence).
SIMILAR TERMS--------------------------------------
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.
Commandos (prison)
In the US penitentiary slang, prisoners who go to another prisoners bunk or cell, after lights out, for sexual reasons.
Commendatary
A person who holds a church living or presentment in commendam.
Commendation
The act of recommending, praising. A merchant who merely commends goods he offers for sale, does not by that act warrant them, unless there is some fraud: simplex commendatio non obligat.
Commendators
Ecclesiastical law. Secular persons upon whom ecclesiastical benefices are bestowed, because they were commended and instructed to their oversight: they are merely trustees.
Commerce
Latin commercium. In its simplest signification, an exchange of goods; but in the advancement of society, labor, transportation, itelligence, care and various mediums of exchange, become commodities and enter into commerce. Gibbens v. Ogden, 9 Wheat. 1, 229 (1824), Marshall, Chief Justice. The interchange or mutual change of goods, productions, or property of any kind, between nations or individuals.
Commercial bribery
Giving and accepting payments to favor or not favor a commercial transaction or relationship.
Commercial litigation
Litigation provoked by a commercial dispute.
Commissariate
The whole body of officers who act in the department of the commissary, are called the, commissariate.
Commissary
An officer whose principal duties are to supply the army witli provisions.
Commissary (prison)
In the US penitentiary jargon, the jail store for inmates, which provides food and hygiene items, correspondence material, tennis shoes, reading glasses, phone cards and over-the-counter medication.ÿ
Commission
1) Contracts, civil law. When one undertakes, without reward, to do something for another in respect to a thing bailed. This term is frequently used synonymously with mandate. 2) Criminal law. The act of perpetrating an offence. 3) Office. Persons authorized to act in a certain matter. 4) practice. An instrument issued by a court of, justice, or other competent tribunal, to authorize a person to take depositions, or do any other act by authority of such court, or tribunal, is called a commission. 5) Government. Letters-patent granted by the government, under the public seal, to a person appointed to an office, giving him authority to perform the duties of his office.
Commission merchant
One employed to sell goods for another on commission; a factor. He is sometimes called. a consignee, and the goods he receives are a consignment.
Commission of lunacy
A writ issued out of chancery, or such court as may have jurisdiction of the case directed to a proper officer, to inquire whether a person named therein is a lunatic or not.
Commission of reb ellion
Chan. prac. The name of a writ issuing out of chancery, generally directed to four special commissioners, named by the plaintiff, commanding them to attach the defendant wheresoever he may be found within the state, as a rebel and contemner of the law
Commission of rebellion
A commission of rebellion is the name of a writ issuing out of chancery to compel the defendant to appear.
Commissioner
Officer. One who has a lawful commission to execute a public office.
Commissioner of patents
The name of an officer of the United States whose duties are detailed in the act to promote the useful arts which will be found under the article Patent.
Commissioners of bail
Practice. Officers appointed by some courts to take recognizances of bail in civil cases.
Commissioners of sewers
English law. Officers whose duty it is to repair sea banks aud walls, survey rivers, public streams, ditches
Commit
To send a person to prison, asylum, or reformatory by a court order.
Committee
1) Legislation. One or more members of a legislative body to whom is specially referred some matter before that body, in order that they may investigate and examine into it and report to those who delegated this authority to them. 2) When a person has been found non compos, the law requires that a guardian should be appointed to take care of his person and estate; this guardian is called the committee.
Committitur piece
English law. An instrument in writing, on paper or parchment, which charges a person already in prison, in execution at the suit of, the person who arrested him.
Commixtion
Civil law. This term is used to signify the act by which goods are mixed together.
Commodate
Contracts. A term used in the Scotch law, which is synonymous to the Latin commodatum, or loan for use.
Commodatum
A contract, by which one of the parties binds himself to return to the other certain personal chattels which the latter delivers to him, to be used by him, without reward; loan -for use.
Commodity
Convenience, privilege, profit, gain; popularity, goods, wares, merchandise.
Commodum
Latin. Convenience, benefit, advantage.
Common
marriage law. a marriage in which no formal ceremony took place and no license exists.
Common appendant
English law. A right attached to arable land, and is an incident of tenure, and supposed to have originated by grant of the lord or owner of a manor or waste, in consideration of certain rents or services, or other value, to a freeholder or copyholder of plough land, and at the same time either expressly or by implication, and as of common right and necessity common appendant over his other wastes and commons.
Common appurtenant
English law. A right granted by deed, by the owner of waste or other land, to another person, owner of other land, to have his cattle, or a particular description of cattle
Common assurances
Title by deeds are so called, because, it is said, every man ' s estate is assured to him; these deed's or instruments operate either as conveyances or as charges.
Common bail
The formal entry of fictitious sureties in the proper office of the court, which is called filing common bail to the action.
Common bar
Pleading. A plea to compel the plaintiff to assign the particular place where the trespass has been Committed.
Common bench
Bancus communis. The court of common pleas was anciently called common bench, because the pleas and controversies there determined were between common persons.
Common carriage
Carriage performed by a "common carrier", who undertakes to transport the public's goods from and to places advertised and at times advertised, usually on regular, "liner" (infra) routes and under "liner" bills of lading, in consideration of the payment of freight (infra) by the shipper (infra). Common carriage is the opposite of private carriage.
Common council
In many cities the charter provides for their government, in imitation of the national and state governments.
Common counts
Certain general counts, not founded on any special contract, which are introduced in a declaration, for the purpose of preventing a defeat of a just right by the accidental variance of the evidence.
Common fishery
A fishery to which all persons have a right, such as the cod fisheries off Newfoundland.
Common highway
By this term is meant a road to be used by the community at large for any purpose of transit or traffic.
Common home state exception
If the perpetrator of the delict and the victim have a domicile or residence in the same country, the law of that country applies. "In any case where the person who committed the injurious act and the victim have their domiciles or residences in the same country, the law of that country applies."
Common informer
One who, without being specially required by law, or by virtue of his office, gives information of crimes, offences or misdemeanors, which have been committed, in order to prosecute the offenders; a prosecutor.
Common intent
Construction. The natural sense given to words.
Common law
That which derives its force and authority from the universal consent and immemorial practice of the people.
Common law marriage
A marriage under common law (see).
Common nuisance
One which affects the public in general, and not merely some particular person.
Common pleas
1) The name of a court having jurisdiction generally of civil actions. 2) By common pleas, is also understood, such pleas or actions as are brought by private persons against private persons; or by the government, when the cause of action is of a civil nature.
Common recovery
A judgment recovered in a fictitious suit, brought against the tenant of the freehold, in consequence of a default made by the person who is last vouched to warranty in the suit. A common recovery is a kind of conveyance.
Common scold
Crim. law, communes rixatrix. A woman, who, in consequence of her boisterous, disorderly and quarrelsome tongue, is a public nuisance to the neighborhood.
Common seal
A seal used by a corporation.
Common sense
Medical jurisprudence. When a person possesses those perceptions, associations and judgments, in relation to persons and things, which agree with those of the generality of mankind, he is said to possess common sense.
Common share
The basic share in a company. Typically, common shares have voting rights and a pro rata right to any dividends declared. They differ from preferred shares which, by definition, carry some kind of right or privilege above the common shares (eg. first to receive any dividends).
Common traverse
This kind of traverse differs from those called technical traverses principally in this, that it is preceded by no inducement general or special; it is taken without an absque hoc, or any similar words, and is simply a direct denial of the adverse allegations, in common language, and always concludes to the country.
Common venture
A basic theme in maritime law, reflecting the understanding of maritime commerce as a joint undertaking on the part of shippers (infra), carriers (supra) and consignees (infra); shipowners and charterers; and their respective insurers, who (directly or indirectly) confront the perils of the sea together, and who should therefore share both the profits and the risks attendant upon their combined operation.
Common vouchee
In common recoveries, the person who vouched to warranty. In this fictitious proceeding, the crier of the court usually performs the office of a common vouchee.
Common, tenants in
Tenants in common are such as hold an estate, real or personal, by several distinct titles, but by a unity of possession.
Commonalty
English law. 1) The common people of England, as contradistinguished from the king and the nobles; 2) The body of a society as the masters, wardens, and commonalty of such a society.
Commoner
One who is entitled with others to the use of a common.
Commons
English law. Those subjects of the English nation who are not noblemen.
Commonwealth
Government. A commonwealth is properly a free state, or republic, having a popular or representative government.
Commorancy
Persons. An abiding dwelling, or continuing as an inhabitant in any place. It consists, properly, in sleeping usually in one place.
Commorant
One residing or inhabiting a particular place.
Commorientes
This Latin word signifies those wbo die at the same time, as, for example, by shipwreck.
Communication
Contracts. Information; consultation; conference.
Communings
Scotch law. This term is used to express the negotiations which have taken place before making a contract, in relation thereto.
Communio bonorum
Civil law. Common goods.
Community property
All income or property that was acquired during the marriage, with exception to gifts or inheritances.
Community residential programs
In the United States, programs for prison inmates to do community service.
Commutation
Punishments. The change of a punishment to which a person has been condemned into a less severe one.
Commutations and pardons
In the United States, under the authority of each state's constitution, the governor has the power to grant executive clemency through pardons and commutations.
Commutative contract
Civil law. One in which each of the contracting parties gives and, receives an equivalent.
Commutative justice
That virtue whose object is, to render to every one what belongs to him, as nearly as may be, or that which governs contracts.
PREVIOUS AND NEXT TERMS--------------------------------------
Comes
1) Offices. A Count. An officer during the middle ages, who possessed civil and military authority. 2) Pleading. The word comes, venit, expresses the appearance of the defendant , in court.
Comitatus
A county. Most of the states are divided into counties.
Comites
Persons who are attached to a public minister, are so called.
Comity
The doctrine requiring courts of one state to recognize the laws and judgments of competent courts of another state, in order to secure the reciprocal recognition by that foreign state of the laws and the judgments of the first state.
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.
Commencement of a suit or action
Commendatary
A person who holds a church living or presentment in commendam.
Commendation
The act of recommending, praising. A merchant who merely commends goods he offers for sale, does not by that act warrant them, unless there is some fraud: simplex commendatio non obligat.
Commendators
Ecclesiastical law. Secular persons upon whom ecclesiastical benefices are bestowed, because they were commended and instructed to their oversight: they are merely trustees.
Commerce
Latin commercium. In its simplest signification, an exchange of goods; but in the advancement of society, labor, transportation, itelligence, care and various mediums of exchange, become commodities and enter into commerce. Gibbens v. Ogden, 9 Wheat. 1, 229 (1824), Marshall, Chief Justice. The interchange or mutual change of goods, productions, or property of any kind, between nations or individuals.
Commercial bribery
Giving and accepting payments to favor or not favor a commercial transaction or relationship.
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