Juridical Dictionary

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8526
juridical terms

De lunatico inquirendo






De lunatico inquirendo

The name of a writ directed to the sheriff, directing him to inquire by good and lawful men whether the party charged is, a lunatic or not.

RELATED TERMS
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Name
One or more words used to distinguish a particular individual, as Socrates, Benjamin Franklin.

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).

Sheriff
The name of the chief officer of the county. In Latin he is called vice comes, because in England he represented the comes or earl. His name is said to be derived from the Saxon seyre, shire or county, and reve, keeper, bailiff, or guardian.

Lawful
That which is not forbidden by law. Id omne licitum est, quod non est legibus prohibitum, quamobrem, quod, lege permittente, fit, poenam non meretur. To be valid a contract must be lawful.

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.

Lunatic
Persons. One who has had an understanding, but who, by disease, grief, or other accident, has lost the use of his reason. A lunatic is properly one who has had lucid intervals, sometimes enjoying his senses, and sometimes not.



SIMILAR TERMS
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De lege ferenda
(United Kingdom) What the law ought to be (as opposed to what the law is).

De lege lata
(United Kingdom) What the law is (as opposed to what the law ought to be).



PREVIOUS AND NEXT TERMS
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De injuria
Of wrong.

De judaismo, statutum
The name of a statute passed in the reign of Edw. I., which enacted severe and absurd penalties against the Jews.

De jure
By right. Lawful

De lege ferenda
(United Kingdom) What the law ought to be (as opposed to what the law is).

De lege lata
(United Kingdom) What the law is (as opposed to what the law ought to be).

De lunatico inquirendo

De medietate linguae
Of half tongue. This expression was used to signify that a jury for the trial of a foreigner or alien for a crime, was to be composed one half of natives and the other of foreigners.

De melioribus damnis
Of the better damages. When a plaintiff has sued several defendants, and the damages have been assessed severally against each, he has the choice of selecting the best, as he cannot recover the whole. This is doue by making, an election de melioribus damnis.

De mercatoribus
This is the name of a statute passed in the 11 Edw. I.; it is usually called the statute of Acton Burnell De Mercatoribus. It was passed in consequence of the complaints of foreign merchants, who could not recover the claims, because the lands of the debtors could not be sold for their debts.

De minimis non curat lex
Latin: a common law principle whereby judges will not sit in judgement of extremely minor transgressions of the law. It has been restated as "the law does not concern itself with trifles".

De novi operis nunciatione
Civil law. Where a thiug is intended to be done against another man's right, the party aggrieved may have in many cases, according to the civilians, an interdict or injunctIion, to hinder that which is intended to his prejudice: as where one buildeth an house contrary to the usual and received form of building to the injury of his neighbor, there lieth an injunction de novi operis nunciatione, which being served, the offender is either to desist from his work or to put in sureties that he shall pull it down, if he do not in a short time avow the lawfulness thereof.

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This dictionary contains 8526 terms.