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| This dictionary contains: 8526 juridical terms |
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Comparison of handwriting
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Comparison of handwritingEvidence. It is a general rule that comparison of hands is not admissible; but to this there are some exceptions. In some instances, when the antiquity of the writing makes it impossible for any living witness to swear that he ever saw the party write, comparison of handwriting, with documents known to be in his handwriting, has been admitted.
RELATED TERMS--------------------------------------
Evidence
Proof of fact(s) presented at a trial. The best and most common method is by oral testimony; where you have an eye-witness swear to tell the truth and to then relate to the court (or jury) their experience. Evidence is essential in convincing the judge or jury of your facts as the judge (or jury) is expected to start off with a blank slate; no preconceived idea or knowledge of the facts. So it is up to the opposing parties to prove (by providing evidence), to the satisfaction of the court (or jury), the facts needed to support their case. Besides oral testimony, an object can be deposited with the court (eg. a signed contract). This is sometimes called "real evidence." In other rarer cases, evidence can be circumstantial.
General
1) A principal officer, particularly in the army. 2) Something opposed to special; as, a general verdict, the general issue, which expressions are used in contradistinction to special verdict, special issue. 3) Principal, as the general post office. 4) Not select, as a general ship. 5) Not particular, as a general custom. 5) Not limited, as general jurisdiction. 7) This word is sometimes annexed or prefixed to other words to express or limit the extent of their signification; as Attorney General, Solicitor General, the General Assembly.
Rule
This is a metaphorical expression borrowed from mechanics. The rule, in its proper and natural sense, is an instrument by means of which may be drawn from one point to another, the shortest possible line, which is called a straight line.
Admissible
Any form of testimony or evidence that is allowed into court.
Exceptions
Declarations by either side in a civil or criminal case reserving the right to appeal a judge's ruling upon a motion. Also, in regulatory cases, objections by either side to points made by the other side or to rulings by the agency or one of its hearing officers.
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.
Writing
The act of forming by the hand letters or characters of a particular kind on paper or other suitable substance, and artfully putting them together so as to co nvey ideas. It differs from printing, which is the formation of words on paper or other proper substance by means of a stamp. Sometimes by writing ii understood printing, and sometimes printing and writing mixed.
Witness
The regular definition of this word is a person who perceives an event (by seeing, hearing, smelling or other sensory perception). The legal definition refers to the court-supervised recital of that sensory experience, in writing (deposition) or verbally (testimony).
Party
Practice, contracts. When applied to practice, by party is understood either the plaintiff or defendant. In contracts, a party is one or more persons who engage to perform or receive the performance of some agreement.
Handwriting
Evidence. Almost every person's handwriting has something whereby it may be distinguished from the writing of others, and this difference is sometimes intended by the term.
Documents
Evidence. The deeds, agreements, title papers, letters, receipts, and other written instruments used to prove a fact.
SIMILAR TERMS--------------------------------------
Compact
Contracts. In its more general sense, it signifies an agreement. In its strict sense, it imports a contract between parties, which creates obligations and rights capable of being enforeed, and contemplated as such between the parties, in their distinct and independent characters.
Companion
Dom. rel. By Edw. III., it is declared to be high treason in any one who " doth compass or imagine the death of our lord the king, or our lady his companion".
Companions
French law. This is a general term, comprehending all persons who compose the crew of a ship or vessel.
Company
An association of a number of individuals for the purpose of carrying on some legitimate business.
Company seal
Traditionally a company executed deeds and other instruments, including share certificates under seal. This is a device for impressing the company's name onto a red seal attached to the document in a position where two directors or one director and the secretary can sign as witnesses. The mechanical seal is no longer necessary as a company seal.
Comparables
A shortened term for competitive property sales, rentals, or operating expenses used for comparison in the valuation process.
Comparative fault
A rule in admiralty law where each vessel involved in a collision is required to pay a share of the total damages in proportion to its percentage of fault.
Comparative impairment
Expanding on the theory of governmental interest analysis developed by Currie, Baxter, W.F. (supra) developed the theory of comparative impairment. This theory called upon the courts to determine which state's policies and interests would be more greatly impaired by the application of the other state's law to the case at hand and then to apply the law of the state likely to suffer the greater impairment.
Comparative negligence
A principle of tort law which looks at the negligence of the victim and which may lead to either a reduction of the award against the defendant, proportionate to the contribution of the victim's negligence, or which may even prevent an award altogether if the victim's negligence, when compared with the defendant, is equal to or greater in terms or contributing to the situation which caused the injury or damage.
Compatibility
In speaking of public offices it is meant by this term to convey the idea that two of them may be held by the same person at the same time. It is the opposite of incompatibility.
Compensatio criminis
The compensation or set-off of one crime against another;
Compensation
1) Contracts. A reward for services rendered. 2) Crim. law; Compeusatio crimiuura, or recrimination. 3) Remedies. The damages recovered for an injury, or the violation of a contract.
Comperuit ad diem
Pleading. He appeared at the day. This is the name of a plea in bar to an action of debt on a bail-bond.
Competency
A witness's ability to observe, recall and recount under other what happened. Criminal defendants must also be competent to stand trial; they must understand the nature of the proceedings and have the ability to assist their lawyers.
Competent witness
One who is legally qualified to be heard to testify in a cause
Competitors
French law. Persons who compete or aspire to the same office, rank or employment.
Compilation
A literary production, composed of the works of others, and arranged in some methodical manner.
Complainant
One who makes a complaint. A plaintiff in a suit in chancery is so called.
Complaint
Criminal law. The allegation made to a proper officer, that some person, whether known or unknown, has been guilty of a designated offence, with an offer to prove the fact, and a request that the offender may be punished.
Compos mentis
Of sound mind.
Composition
Contracts. An agreement, made upon a sufficient consideration, between a debtor and creditor, by which the creditor accepts part of the debt due to him in satisfaction of the whole.
Compound interest
Interest allowed upon interest; for example, when a sum of money due for interest, is added to the principal, and then bears interest.
Compounder
In Louisiana. He who makes a composition.
Compounding a felony
The act of a party immediately aggrieved, who agrees with a thief or other felon that he will not prosecute him, on condition that he return to him the goods stolen, or who takes a reward not to prosecute.
Compromissarius
Civil law. A name sometimes given to an arbitrator.
Compulsion
The forcible inducement to au act.
Compulsory
Involuntarily; constrained: as, a compulsory -- arbitration, assignment, condition, nonsuit, payment, process.
PREVIOUS AND NEXT TERMS--------------------------------------
Company seal
Traditionally a company executed deeds and other instruments, including share certificates under seal. This is a device for impressing the company's name onto a red seal attached to the document in a position where two directors or one director and the secretary can sign as witnesses. The mechanical seal is no longer necessary as a company seal.
Comparables
A shortened term for competitive property sales, rentals, or operating expenses used for comparison in the valuation process.
Comparative fault
A rule in admiralty law where each vessel involved in a collision is required to pay a share of the total damages in proportion to its percentage of fault.
Comparative impairment
Expanding on the theory of governmental interest analysis developed by Currie, Baxter, W.F. (supra) developed the theory of comparative impairment. This theory called upon the courts to determine which state's policies and interests would be more greatly impaired by the application of the other state's law to the case at hand and then to apply the law of the state likely to suffer the greater impairment.
Comparative negligence
A principle of tort law which looks at the negligence of the victim and which may lead to either a reduction of the award against the defendant, proportionate to the contribution of the victim's negligence, or which may even prevent an award altogether if the victim's negligence, when compared with the defendant, is equal to or greater in terms or contributing to the situation which caused the injury or damage.
Comparison of handwriting
Compatibility
In speaking of public offices it is meant by this term to convey the idea that two of them may be held by the same person at the same time. It is the opposite of incompatibility.
Compensatio criminis
The compensation or set-off of one crime against another;
Compensation
1) Contracts. A reward for services rendered. 2) Crim. law; Compeusatio crimiuura, or recrimination. 3) Remedies. The damages recovered for an injury, or the violation of a contract.
Comperuit ad diem
Pleading. He appeared at the day. This is the name of a plea in bar to an action of debt on a bail-bond.
Competency
A witness's ability to observe, recall and recount under other what happened. Criminal defendants must also be competent to stand trial; they must understand the nature of the proceedings and have the ability to assist their lawyers.
RELATED TERMS--------------------------------------
Evidence
Proof of fact(s) presented at a trial. The best and most common method is by oral testimony; where you have an eye-witness swear to tell the truth and to then relate to the court (or jury) their experience. Evidence is essential in convincing the judge or jury of your facts as the judge (or jury) is expected to start off with a blank slate; no preconceived idea or knowledge of the facts. So it is up to the opposing parties to prove (by providing evidence), to the satisfaction of the court (or jury), the facts needed to support their case. Besides oral testimony, an object can be deposited with the court (eg. a signed contract). This is sometimes called "real evidence." In other rarer cases, evidence can be circumstantial.
General
1) A principal officer, particularly in the army. 2) Something opposed to special; as, a general verdict, the general issue, which expressions are used in contradistinction to special verdict, special issue. 3) Principal, as the general post office. 4) Not select, as a general ship. 5) Not particular, as a general custom. 5) Not limited, as general jurisdiction. 7) This word is sometimes annexed or prefixed to other words to express or limit the extent of their signification; as Attorney General, Solicitor General, the General Assembly.
Rule
This is a metaphorical expression borrowed from mechanics. The rule, in its proper and natural sense, is an instrument by means of which may be drawn from one point to another, the shortest possible line, which is called a straight line.
Admissible
Any form of testimony or evidence that is allowed into court.
Exceptions
Declarations by either side in a civil or criminal case reserving the right to appeal a judge's ruling upon a motion. Also, in regulatory cases, objections by either side to points made by the other side or to rulings by the agency or one of its hearing officers.
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.
Writing
The act of forming by the hand letters or characters of a particular kind on paper or other suitable substance, and artfully putting them together so as to co nvey ideas. It differs from printing, which is the formation of words on paper or other proper substance by means of a stamp. Sometimes by writing ii understood printing, and sometimes printing and writing mixed.
Witness
The regular definition of this word is a person who perceives an event (by seeing, hearing, smelling or other sensory perception). The legal definition refers to the court-supervised recital of that sensory experience, in writing (deposition) or verbally (testimony).
Party
Practice, contracts. When applied to practice, by party is understood either the plaintiff or defendant. In contracts, a party is one or more persons who engage to perform or receive the performance of some agreement.
Handwriting
Evidence. Almost every person's handwriting has something whereby it may be distinguished from the writing of others, and this difference is sometimes intended by the term.
Documents
Evidence. The deeds, agreements, title papers, letters, receipts, and other written instruments used to prove a fact.
SIMILAR TERMS--------------------------------------
Compact
Contracts. In its more general sense, it signifies an agreement. In its strict sense, it imports a contract between parties, which creates obligations and rights capable of being enforeed, and contemplated as such between the parties, in their distinct and independent characters.
Companion
Dom. rel. By Edw. III., it is declared to be high treason in any one who " doth compass or imagine the death of our lord the king, or our lady his companion".
Companions
French law. This is a general term, comprehending all persons who compose the crew of a ship or vessel.
Company
An association of a number of individuals for the purpose of carrying on some legitimate business.
Company seal
Traditionally a company executed deeds and other instruments, including share certificates under seal. This is a device for impressing the company's name onto a red seal attached to the document in a position where two directors or one director and the secretary can sign as witnesses. The mechanical seal is no longer necessary as a company seal.
Comparables
A shortened term for competitive property sales, rentals, or operating expenses used for comparison in the valuation process.
Comparative fault
A rule in admiralty law where each vessel involved in a collision is required to pay a share of the total damages in proportion to its percentage of fault.
Comparative impairment
Expanding on the theory of governmental interest analysis developed by Currie, Baxter, W.F. (supra) developed the theory of comparative impairment. This theory called upon the courts to determine which state's policies and interests would be more greatly impaired by the application of the other state's law to the case at hand and then to apply the law of the state likely to suffer the greater impairment.
Comparative negligence
A principle of tort law which looks at the negligence of the victim and which may lead to either a reduction of the award against the defendant, proportionate to the contribution of the victim's negligence, or which may even prevent an award altogether if the victim's negligence, when compared with the defendant, is equal to or greater in terms or contributing to the situation which caused the injury or damage.
Compatibility
In speaking of public offices it is meant by this term to convey the idea that two of them may be held by the same person at the same time. It is the opposite of incompatibility.
Compensatio criminis
The compensation or set-off of one crime against another;
Compensation
1) Contracts. A reward for services rendered. 2) Crim. law; Compeusatio crimiuura, or recrimination. 3) Remedies. The damages recovered for an injury, or the violation of a contract.
Comperuit ad diem
Pleading. He appeared at the day. This is the name of a plea in bar to an action of debt on a bail-bond.
Competency
A witness's ability to observe, recall and recount under other what happened. Criminal defendants must also be competent to stand trial; they must understand the nature of the proceedings and have the ability to assist their lawyers.
Competent witness
One who is legally qualified to be heard to testify in a cause
Competitors
French law. Persons who compete or aspire to the same office, rank or employment.
Compilation
A literary production, composed of the works of others, and arranged in some methodical manner.
Complainant
One who makes a complaint. A plaintiff in a suit in chancery is so called.
Complaint
Criminal law. The allegation made to a proper officer, that some person, whether known or unknown, has been guilty of a designated offence, with an offer to prove the fact, and a request that the offender may be punished.
Compos mentis
Of sound mind.
Composition
Contracts. An agreement, made upon a sufficient consideration, between a debtor and creditor, by which the creditor accepts part of the debt due to him in satisfaction of the whole.
Compound interest
Interest allowed upon interest; for example, when a sum of money due for interest, is added to the principal, and then bears interest.
Compounder
In Louisiana. He who makes a composition.
Compounding a felony
The act of a party immediately aggrieved, who agrees with a thief or other felon that he will not prosecute him, on condition that he return to him the goods stolen, or who takes a reward not to prosecute.
Compromissarius
Civil law. A name sometimes given to an arbitrator.
Compulsion
The forcible inducement to au act.
Compulsory
Involuntarily; constrained: as, a compulsory -- arbitration, assignment, condition, nonsuit, payment, process.
PREVIOUS AND NEXT TERMS--------------------------------------
Company seal
Traditionally a company executed deeds and other instruments, including share certificates under seal. This is a device for impressing the company's name onto a red seal attached to the document in a position where two directors or one director and the secretary can sign as witnesses. The mechanical seal is no longer necessary as a company seal.
Comparables
A shortened term for competitive property sales, rentals, or operating expenses used for comparison in the valuation process.
Comparative fault
A rule in admiralty law where each vessel involved in a collision is required to pay a share of the total damages in proportion to its percentage of fault.
Comparative impairment
Expanding on the theory of governmental interest analysis developed by Currie, Baxter, W.F. (supra) developed the theory of comparative impairment. This theory called upon the courts to determine which state's policies and interests would be more greatly impaired by the application of the other state's law to the case at hand and then to apply the law of the state likely to suffer the greater impairment.
Comparative negligence
A principle of tort law which looks at the negligence of the victim and which may lead to either a reduction of the award against the defendant, proportionate to the contribution of the victim's negligence, or which may even prevent an award altogether if the victim's negligence, when compared with the defendant, is equal to or greater in terms or contributing to the situation which caused the injury or damage.
Comparison of handwriting
Compatibility
In speaking of public offices it is meant by this term to convey the idea that two of them may be held by the same person at the same time. It is the opposite of incompatibility.
Compensatio criminis
The compensation or set-off of one crime against another;
Compensation
1) Contracts. A reward for services rendered. 2) Crim. law; Compeusatio crimiuura, or recrimination. 3) Remedies. The damages recovered for an injury, or the violation of a contract.
Comperuit ad diem
Pleading. He appeared at the day. This is the name of a plea in bar to an action of debt on a bail-bond.
Competency
A witness's ability to observe, recall and recount under other what happened. Criminal defendants must also be competent to stand trial; they must understand the nature of the proceedings and have the ability to assist their lawyers.
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This dictionary contains 8526 terms.
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