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| This dictionary contains: 8526 juridical terms |
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Debet et detinet
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Debet et detinetPleading. He owes and detains. In an action of.debt, the form of the writ is either in the debet and detinet, that is, it states that the defendant owes and unjustly detains the debt or thing in question, it is so brought between the original contracting parties; or, it is in the detinet only; that is, that the defendant unjustly detains from the plaintiff the debt or thing for which the action is brought; this is the form in in action by an executor, because the debt or duty is not due to him, but it is unjustly detained from him.
RELATED TERMS--------------------------------------
Pleading
Practice. The statement in a logical, and legal form, of the facts which constitute the plaintiff's cause of action, or the defendant's ground of defence; it is the formal mode of alleging that on the record, which would be the support, or the defence of the party in evidence.
Action
1) French commercial. Stock in a company, shares in a corporation. 2)Civil law. An action instituted to avoid a sale onaccount of some Vice or defect in the thing sold which readers it either absolutely useless, or its use so inconvenient and, imperfect, that it must be, supposed the buyer would not have purchased it, had he known of the vice.
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).
Debet
Latin. He owes; from debere: de habere, to have a thing of some one. Debet et detinet - He owes and with holds.
Detinet
He detains.
States
By this name are understood in some countries, the assembly of the different orders of the people to regulate the affairs of the commonwealth, as, the states general.
Defendant
A party who is sued in a personal action.
Debt
Whatever one owes. A sum of money due by certain and express agreement.
Question
1) Punishment, crm. law. A means sometimes employed, in some countries, by means of torture, to compel supposed great criminals to disclose their accomplices, or to acknowledge their crimes. 2) Evidence. An interrogation put to a witness, requesting him to declare the truth of certain facts as far as he knows them. 3) Practice. A point on which the parties are not agreed, and which is submitted to the decision of a judge and jury.
Original
Contracts, practice, evidence. An authentic instrument of something, and which is to serve as a model or example to be copied or imitated. It also means first, or not deriving any authority from any other source as, original jurisdiction, original writ, original bill, and the like .
Parties
Contracts. Those persons who engage themselves to do, or not to do the matters and things contained in an agreement.
Plaintiff
The party who begins an action; the party who complains or sues in an action and is named as such in the court's records. Also called a petitioner.
Executor
A person specifically appointed by a testator to administer the will ensuring that final wishes are respected (i.e. that the will is properly "executed"). An executor is a personal representative.
SIMILAR TERMS--------------------------------------
Debenture
A certificate given, in pursuance of law, by the collector of a port of entry, for a certain sum, due by the United States, payable at a time therein mentioned, to an importer for drawhack of duties on merchandise imported and exported by him, provided the duties arising on the importation of the said merchandise shall have been discharged prior to the time aforesaid.
Debet
Latin. He owes; from debere: de habere, to have a thing of some one. Debet et detinet - He owes and with holds.
PREVIOUS AND NEXT TERMS--------------------------------------
Death
Cessation of life; extinction of political existence.
Death bed
Scotch law. The incapacity to exercise the power of disposing of one's property after being attacked with a mortal disease.
Death's part
English law. That portion of the personal estate of a deceased man which remained after his wife and children had received their reasonable parts from his estate
Debenture
A certificate given, in pursuance of law, by the collector of a port of entry, for a certain sum, due by the United States, payable at a time therein mentioned, to an importer for drawhack of duties on merchandise imported and exported by him, provided the duties arising on the importation of the said merchandise shall have been discharged prior to the time aforesaid.
Debet
Latin. He owes; from debere: de habere, to have a thing of some one. Debet et detinet - He owes and with holds.
Debet et detinet
Debit
Accounts, commerce. A term used in book-keeping, to express the left-hand page of the ledger, to which are carried all the articles supplied or paid on the subject of an account, or that are charged to that account. It also signifies the balance of an account.
Debitum
A thing due or owing; an obligation; a debt, q.v.
Debitum in praesenti, solvendum in futuro
A debt due at present, to be paid in future.
Debitum in pręsenti, solvendum in futuro
An obligation existing in the present, dischargeable in the future.
Debitum sine brevi
Debt without a writ or declaration. Abbreviated d.s.b.
RELATED TERMS--------------------------------------
Pleading
Practice. The statement in a logical, and legal form, of the facts which constitute the plaintiff's cause of action, or the defendant's ground of defence; it is the formal mode of alleging that on the record, which would be the support, or the defence of the party in evidence.
Action
1) French commercial. Stock in a company, shares in a corporation. 2)Civil law. An action instituted to avoid a sale onaccount of some Vice or defect in the thing sold which readers it either absolutely useless, or its use so inconvenient and, imperfect, that it must be, supposed the buyer would not have purchased it, had he known of the vice.
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).
Debet
Latin. He owes; from debere: de habere, to have a thing of some one. Debet et detinet - He owes and with holds.
Detinet
He detains.
States
By this name are understood in some countries, the assembly of the different orders of the people to regulate the affairs of the commonwealth, as, the states general.
Defendant
A party who is sued in a personal action.
Debt
Whatever one owes. A sum of money due by certain and express agreement.
Question
1) Punishment, crm. law. A means sometimes employed, in some countries, by means of torture, to compel supposed great criminals to disclose their accomplices, or to acknowledge their crimes. 2) Evidence. An interrogation put to a witness, requesting him to declare the truth of certain facts as far as he knows them. 3) Practice. A point on which the parties are not agreed, and which is submitted to the decision of a judge and jury.
Original
Contracts, practice, evidence. An authentic instrument of something, and which is to serve as a model or example to be copied or imitated. It also means first, or not deriving any authority from any other source as, original jurisdiction, original writ, original bill, and the like .
Parties
Contracts. Those persons who engage themselves to do, or not to do the matters and things contained in an agreement.
Plaintiff
The party who begins an action; the party who complains or sues in an action and is named as such in the court's records. Also called a petitioner.
Executor
A person specifically appointed by a testator to administer the will ensuring that final wishes are respected (i.e. that the will is properly "executed"). An executor is a personal representative.
SIMILAR TERMS--------------------------------------
Debenture
A certificate given, in pursuance of law, by the collector of a port of entry, for a certain sum, due by the United States, payable at a time therein mentioned, to an importer for drawhack of duties on merchandise imported and exported by him, provided the duties arising on the importation of the said merchandise shall have been discharged prior to the time aforesaid.
Debet
Latin. He owes; from debere: de habere, to have a thing of some one. Debet et detinet - He owes and with holds.
PREVIOUS AND NEXT TERMS--------------------------------------
Death
Cessation of life; extinction of political existence.
Death bed
Scotch law. The incapacity to exercise the power of disposing of one's property after being attacked with a mortal disease.
Death's part
English law. That portion of the personal estate of a deceased man which remained after his wife and children had received their reasonable parts from his estate
Debenture
A certificate given, in pursuance of law, by the collector of a port of entry, for a certain sum, due by the United States, payable at a time therein mentioned, to an importer for drawhack of duties on merchandise imported and exported by him, provided the duties arising on the importation of the said merchandise shall have been discharged prior to the time aforesaid.
Debet
Latin. He owes; from debere: de habere, to have a thing of some one. Debet et detinet - He owes and with holds.
Debet et detinet
Debit
Accounts, commerce. A term used in book-keeping, to express the left-hand page of the ledger, to which are carried all the articles supplied or paid on the subject of an account, or that are charged to that account. It also signifies the balance of an account.
Debitum
A thing due or owing; an obligation; a debt, q.v.
Debitum in praesenti, solvendum in futuro
A debt due at present, to be paid in future.
Debitum in pręsenti, solvendum in futuro
An obligation existing in the present, dischargeable in the future.
Debitum sine brevi
Debt without a writ or declaration. Abbreviated d.s.b.
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This dictionary contains 8526 terms.
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