Juridical Dictionary

This dictionary contains:
8526
juridical terms

Cum onere






Cum onere

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

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Term
1) Construction. Word; expression speech. 2) Contracts. This word is used in the civil, law to denote the space of time granted to the debtor for discharging his obligation; there are express terms resulting from the positive stipulations of the agreement; as, where one undertakes to pay a certain sum on a certain day and also terms which tacitly result from the nature of the things which are the object of the engagement, or from the place where the act is agreed to be done. For instance, if a builder engage to construct a house for me, I must allow a reasonable time for fulfilling his engagement. 3) Estates. The limitation of an estate, as a term for years, for life, and the like. The word term does not merely signify the time specified in the lease, but the estate also and interest that passes by that lease; and therefore the term may expire during the continuance of the time, as by surrender, forfeiture and the like. 4) Practice. The space of time during which a court holds a session; sometimes the term is a monthly, at others it is a quarterly period, according to the constitution of the court.

Employed
One who is in the service of another. Such a person is entitled to rights and liable to.perform certain duties.

Subject
1) Contracts. The thing which is the object of an agreement. This term is used in the laws of Scotland. 2) Persons, government. An individual member of a nation, who is subject to the laws; this term is used in contradistiction to citizen, which is applied to the same individual when considering his political rights.

Charge
1) Wills, devises. An obligation which a testator imposes on his devisee. 2) Contracts. An obligation entered into by the owner of an estate which makes the estate responsible for its performance. 3) Practice. The opinion expressed by the court to the jury, on the law arising out of a case before them.



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Cum pertinentis
With the appurtenances.



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

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

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.

Cumulative
Forming a heap

Cumulative legacy
Accumulative legacy. An accumulative legacy is a second bequest given by the same testator to the same legatee, whether it be of the same kind of thing, as money, or whether it be of different things, as, one hundred dollars, in one legacy, and a thousand dollars in another, or whether the sums are equal or whether the legacies are of a different naturer.

Cumulative sentences
Sentences for two or more crimes to run consecutively, rather than concurrently.

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This dictionary contains 8526 terms.