Juridical Dictionary

This dictionary contains:
8526
juridical terms

Culpa




Culpa

A fault committed without fraud, and this distinguishes it from dolus, which is a trick to deceive.

RELATED TERMS
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Fault
Contracts, Civil law. An improper act or omission, which arises from ignorance, carelessness, or negligence. The act or omission must not have been meditated, and must have caused some injury to another.

Without
Pleading. This word is adopted in formal traverses, and is a negative signifying "and not for;" accordingly the language of the elder entries sometimes is, It et nemy pur tiel cause.

Fraud
Contracts, torts. Any trick or artifice employed by one person to induce another to fall into an error, or to detain him in it, so that he may make an agreement contrary to his interest. The fraud may consist either, first, in the misrepresentation, or, secondly, in the concealment of a material fact. Fraud, force and vexation, are odious in law.

Dolus
Civil law. A fraudulent address or trick used to deceive some one; a fraud.



SIMILAR TERMS
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Culpa lata
Latin for gross negligence. It is more than just simple negligence and includes any action or an omission in reckless disregard of the consequences to the safety or property of another.

Culprit
Criminal law. When a prisoner is arraigned, and he pleads not guilty, in the English practice, the clerk, who arraigns him on behalf of the crown, replies that the prisoner is guilty, and that he is ready to prove the accusation.



PREVIOUS AND NEXT TERMS
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Cuban
Cuban/ Haitian entrant. Status accorded 1) Cubans who entered illegally or were paroled into the United States between April 15, 1980, and October 10, 1980, and 2) Haitians who entered illegally or were paroled into the country before January 1, 1981. Cubans and Haitians meeting these criteria who have continuously resided in the United States since before January 1, 1982, and who were known to Immigration before that date, may adjust to permanent residence under a provision of the Immigration Control and Reform Act of 1986.

Cueillette
A term in French maritime law. Affreightment of a vessel a cueillette, is a contract by which the captain obligates himself to receive a partial cargo, only upon condition that he shall succeed in completing his cargo by other partial lading.

Cui ante divortium
The name of an ancient writ, which was issued in favor of a woman divorced from her hushand, to recover the lands and tenements which she had in fee simple, or in tail, or for life, from him to whom her hushand alienated them during the marriage, when she could not gainsay it.

Cuius est solum, ejus est usque ad caelum et ad inferos
Latin: who owns the land, owns down to the center of the earth and up to the heavens. This principle of land ownership has been greatly tempered by case law which has limited ownership upwards to the extent necessary to maintain structures. Otherwise, airplanes would trespass incessantly.

Cul de sac
This is a French phrase, which signifies, literally, the bottom of a bag, and, figuratively, a street not open at both ends. It seems not to be settled whether a cul de sac is to be considered a highway.

Culpa

Culpa lata
Latin for gross negligence. It is more than just simple negligence and includes any action or an omission in reckless disregard of the consequences to the safety or property of another.

Culprit
Criminal law. When a prisoner is arraigned, and he pleads not guilty, in the English practice, the clerk, who arraigns him on behalf of the crown, replies that the prisoner is guilty, and that he is ready to prove the accusation.

Cum onere
This term is usually employed to show that something is taken, subject to a charge or burden.

Cum pertinentis
With the appurtenances.

Cumul
The combination of contractual and extra-contractual recourses in a single claim or suit. “Cumul” is acceptable in common law jurisdictions. Civil law on the other hand usually resolves the tort/contract problems by prohibiting the “cumul” and usually imposing the contractual relationship.

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This dictionary contains 8526 terms.







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