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Consuetudines feudorum
Consuetudines feudorumThe name of an institute of the feudal system and usages, compiled about the year 1170, by authority of the emperor Frederic, surnamed Barbarossa. RELATED TERMS-------------------------------------- Name One or more words used to distinguish a particular individual, as Socrates, Benjamin Franklin. Institute Scotch law. The person first called in the tailzie; the rest, or the heirs of tailzie, are called substitutes. Feudal A term applied to whatever concerned a feud; as feudal law: feudal rights. Authority Government. The right and power which an officer has in the exercise of a public function to compel obedience to his lawful commands. Emperor An officer. This word is synonymous with the Latin imperator; they are both derived from the. verb imperare. Literally, it signifies he who commands. SIMILAR TERMS-------------------------------------- Consanguinei Blood relations. Consanguinity Latin consanguineus: con, together; sanguis, blood. The connection or relation of persons descended from the same stock or common ancestor. Conscience The moral sense, or that capacity of our mental constitution, by which we irresistibly feel the difference between right and wrong. Consecutive sentence Sentence must be served after another sentence has been served. Consecutive sentences Successive sentences, one beginning at the expiration of another, imposed against a person convicted of two or more violations. Consensu (United Kingdom) Unanimously or, by general consent. Consensual Civil law. This word is applied to designate one species of contract known in the civil laws; these contracts derive their name from the consent of the parties which is required in their formation, as they cannot exist without such consent. Consensus A result achieved through negotiation whereby a hybrid solution is arrived at between parties to an issue, dispute or disagreement, comprising typically of concessions made by all parties, and to which all parties then subscribe unanimously as an acceptable resolution to the issue or disagreement. Consensus ad idem Latin term meaning an agreement, a meeting of the minds between the parties where all understand the committments made by each. This is a basic requirement for each contract. Consensus facit legem Consent makes the law. Consensus tollit errorem Consent removes error: the effect of a mistake is obviated or waived by concurrence. Consensus, non concubitus, facit matrimonium Consent, not intercourse, creates marriage. Consent Agreement; voluntary acceptance of the wish of another. Consequential damages Torts. Those damages or those losses which arise not from the immediate act of the party, but in consequence of such act. Conservator A preserver, a protector. Conservatorship Legal right given to a person to manage the property and financial affairs of a person deemed incapable of doing that for himself or herself. Consideratio curlae Practice. The judgment of the court. In pleadings where matters are determined by the court, it is said, therefore it is considered and adjudged by the court ideo consideratum est per curiam. Consideration Under common law, there can be no binding contract without consideration, which was defined in an 1875 English decision as "some right, interest, profit or benefit accruing to the one party, or some forbearance, detriment, loss or responsibility given, suffered or undertaken by the other". Common law did not want to allow gratuitous offers, those made without anything offered in exchange (such as gifts), to be given the protection of contract law. So they added the criteria of consideration. Consideration is not required in contracts made in civil law systems and many common law states have adopted laws which remove consideration as a prerequisite of a valid contract. Consideratum est per curiam It is considered by the court. Consign To leave an item of property in the custody of another. A item can be consigned to a transportation company, for example, for the purpose of transporting it from one place to another. The consignee is the person to receive the property and the consignor is the person who ships the property to the consignee. Consignation Contracts. In the civil law, it is a deposit which a debtor makes of the thing that he owes, into the hands of a third person, and under the authority of a court of justice. Consignee The party to whom delivery of the goods is to be made under a contract for the carriage of goods by water. Consignment The goods or property sent by a common carrier from one or more persons called the consignors, from one place, to one or more persons, called the consignees, who are in another. By this term ig also understood the goods sent by one person to another, to be sold or disposed of by the latter for and on account of the former. Consignor Contracts. One who makes a consignment to another. Consilium Dies consilii, practice. A time allowed for the accused to make his defence, and now more commonly used for a day appointed to argue a demurrer. Consistent That which agrees with something else; as a consistent condition, which is one which agrees with all other parts of a contract, or which can be reconciled with every other part. Consistory Ecclesiastical law. An assembly of cardinals convoked by the pope. The consistory is public or secret. Consolato del mare The name of a code of sea laws compiled by order of the ancient kings of Aragon. Its date is not very certain, but it was adopted on the continent of Europe, as the code of maritime law, in the course of the eleventh, twelfth, and thirteenth centuries. It comprised the ancient ordinances of the Greek and Roman emperors, and of the kings of France and Spain; and the laws of the Mediterranean islands, and of Venice and Genoa. It was originally written in the dialect of Catalonia, as its title plainly indicates, and it has been translated into every language of Europe. Consolidation Civil law. The union of the usufruct with the estate out of which it issues, in the same person which happens when the usufructuary acquires the estate, or vice versa. Consort A man or woman married. The man is the consort of his wife, the woman is the consort of her husband. Conspiracy An agreement between two or more persons to commit a criminal act. Those forming the conspiracy are called conspirators. Conspirators Persons guilty of a conspiracy. Constable A person who is given the legal right to serve process. Constablewick England. In England, by this word is meant the territorial jurisdiction of a constable. Constat English law. The name of a certificate, which the clerk of the pipe and auditors of the exchequer make at the request of any person who intends to plead or move in the court for the discharge of anything; and the effect of it is, the certifying what constat (appears) upon record touching the matter in question. Constituent He who gives authority to another to act for him. Constituimus A Latin word which signifies we constitute. Constituted authorities Those powers which the constitution of each people has established to govern them, to cause their rights to be respected, and to maintain tliose of eacli of its members. Constitution 1) Contracts. The constitution of a contract, is the making of the contract as, the written constitution of a debt. 2) Government. The fundamental law of the state, containing the principles upon which the government is founded, and regulating the divisions of the sovereign powers, directing to what persons each of these powers is to be confided, and the, manner it is to be exercised as, the Constitution of the United States. Constitutional Pertaining to the Constitution, the country's main and highest piece of legislation. Constitutional government Applies to a state whose fundamental rules and maxims not only define how those shall be chosen or designated to whom the exercise of sovereign powers shall be confided, but also impose efficient restraints on the exercises for the purpose of protecting individual rights and privileges, and shielding them against any assumption of arbitrary power. Calhoun, Works I, II; Cooley, Principles Const. Law 22. Constitutional law The specific area of the legal profession dealing with constitutional matters. Constitutor Civil law. He who promised by a simple pact to pay the debt of another; and this is always a principal obligation. Constraint It is a general rule, that when one is compelled into a contract, there is no effectual consent, thougb, ostensibly, there is the form of it. In such case the contract will be declared void. Construction The legal process of interpreting a phrase or document; of trying to find it's meaning. Whether it be a contract or a statute, there are times when a phrase may be unclear or of several meanings. Then, either lawyers or judges must attempt to interpret or "construct" the probable aim and purpose of the phrase, by extrapolating from other parts of the document or, in the case of statutes, referring to a interpretation law which gives legal construction guidelines. Generally, there are two types of construction methods: literal (strict) or liberal. Constructive abandonment The refusal of one spouse to engage in sexual relations with the other spouse. in some states and provinces this is considered grounds for divorce if lasting for a certain length of time. Constructive dismissal An employee resigns if he leaves his employment as a matter of choice. However, where there is a serious breach by the employer of the employment contract, the employee may be entitled to resign and claim constructive dismissal. Before the employer accepts a resignation, it ought to be clear and unambiguous with a specified leaving date. Great care should be taken if it is intended to rely on words uttered in temper or when interpreting an employee's contract as implied resignation. The test is whether the reasonable employer would have perceived the words or conduct as a resignation. Constructive service of process When the service of process is delivered through other methods such as a newspaper due to the unknown where abouts of the spouse. Constructive trust A trust which a court declares or imposes onto participants of very specific circumstances such as those giving rise to an action for unjust enrichment, and notwithstanding the lack of any willing settlor to declare the trust (contrast with express trusts and resulting trusts). Consuetudo Latin. Custom; usgage; practice. Consuetudo est altera lex Custom is another law. Consuetudo interpres legum Custom is the expounder of laws. Consuetudo loci observanda The custom of the place is to be conformed to. Consultancy There is a distinction between someone who works full time for a company on an exclusive basis (as an employee) and someone who is engaged occasionally to assist or provide advice but who provides similar services to a range of businesses (consultant). Often the distinction is blurred, for example: in the case of non-executive directors or sales agents. The Inland Revenue will be quick to scrutinise any "border-line" consultancy relationships. Consultant Where a person is taken on a self-employed or consulting basis to perform a role, as a consultant, there is tax flexibility for the worker and lower administrative burdens for the employer. Accordingly, the Inland Revenue may scrutinise such arrangements to see if they are genuine or whether they are schemes to avoid deductions of Schedule E income tax under PAYE, and National Insurance Contributions. Consultation 1) English law. The name of a writ whereby a cause, being formerly removed by prohibition out of an inferior court into some of the king's courts in Westminster, is returned thither again for if the judges of the superior court, comparing the proceedings with the suggestion of the party, find the suggestion false or not proved, and that therefore the cause was wrongfully called from the inferior court, then, upon consultation and deliberation, they decree it to be returned, where upon this writ issues. 2) French law. The opinion of counsel, on a point of law submitted to them. 3) practice. A conference between the counsel or attorneys engaged on the same side of a cause, for the purpose of examining their case, arranging their proofs, and removing any difficulties there may be in their way. Consumer bankruptcy A proceeding under the Bankruptcy Code filed by an individual (or husband and wife) who is not in business. Consummate What is completed. A right is said to be initiate, when it is not complete; and when it is perfected, it is consummated. Consummation of marriage The first time that the husband and wife cobabit together, after the ceremony of marriage has been performed, is thus called. PREVIOUS AND NEXT TERMS-------------------------------------- Construction The legal process of interpreting a phrase or document; of trying to find it's meaning. Whether it be a contract or a statute, there are times when a phrase may be unclear or of several meanings. Then, either lawyers or judges must attempt to interpret or "construct" the probable aim and purpose of the phrase, by extrapolating from other parts of the document or, in the case of statutes, referring to a interpretation law which gives legal construction guidelines. Generally, there are two types of construction methods: literal (strict) or liberal. Constructive abandonment The refusal of one spouse to engage in sexual relations with the other spouse. in some states and provinces this is considered grounds for divorce if lasting for a certain length of time. Constructive dismissal An employee resigns if he leaves his employment as a matter of choice. However, where there is a serious breach by the employer of the employment contract, the employee may be entitled to resign and claim constructive dismissal. Before the employer accepts a resignation, it ought to be clear and unambiguous with a specified leaving date. Great care should be taken if it is intended to rely on words uttered in temper or when interpreting an employee's contract as implied resignation. The test is whether the reasonable employer would have perceived the words or conduct as a resignation. Constructive service of process When the service of process is delivered through other methods such as a newspaper due to the unknown where abouts of the spouse. Constructive trust A trust which a court declares or imposes onto participants of very specific circumstances such as those giving rise to an action for unjust enrichment, and notwithstanding the lack of any willing settlor to declare the trust (contrast with express trusts and resulting trusts). Consuetudines feudorum Consuetudo Latin. Custom; usgage; practice. Consuetudo est altera lex Custom is another law. Consuetudo interpres legum Custom is the expounder of laws. Consuetudo loci observanda The custom of the place is to be conformed to. Consultancy There is a distinction between someone who works full time for a company on an exclusive basis (as an employee) and someone who is engaged occasionally to assist or provide advice but who provides similar services to a range of businesses (consultant). Often the distinction is blurred, for example: in the case of non-executive directors or sales agents. The Inland Revenue will be quick to scrutinise any "border-line" consultancy relationships. We thank you for using the Juridical Dictionary to search for Consuetudines feudorum. If you have a better definition for Consuetudines feudorum than the one presented here, please let us know by making use of the suggest a term option. This definition of Consuetudines feudorum may be disputed by other professionals. Our attempt is to provide easy definitions on Consuetudines feudorum and any other medical topic for the public at large.
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