Juridical Dictionary

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8526
juridical terms

Decree nisi




Decree nisi

A provisional decision of a court which does not have force or effect until a certain condition is met such as another petition brought before the court or after the passage of a period time, after which it is called a decree absolute. Although no longer required in many jurisdictions, this was the model for divorce procedures wherein a court would issue A decree nisi, which would have no force or effect until a period of time passed (30 days or 6 months).

RELATED TERMS
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Decision
Practice. A judgment given by a competent tribunal. The French lawyers call the opinions which they give on questions propounded to them, decisions.

Court
A body in government to which the administration of justice is delegated.

Effect
The operation of a law, of an agreement, or an act, is called its effect.

Condition
Persons. The situation in civil society which creates certain relations between the individual, to whom it is applied, and one or more others, from which mutual rights and obligations arise.

Petition
An instrument of writing or printing containing a prayer from the person presenting it, called the petitioner, to the body or person to whom it is presented, for the redress of some wrong, or the grant of some favor, which the latter has the right to give.

Passage
A way over water; a voyage made over the sea or great river; as, the Sea Gull had a quick passage: the money paid for the transportation of a person over the sea; as, my, passage to Europe was one hundred and fifty dollars.

Time
Contracts, evidence, practice. The measure of duration., It is divided into years, months. days, hours, minutes, and seconds. It is also divided into day and night. 2) Pleading. The avertment of time is generally necessary in pleading; the rules are different, in different actions.

Decree
1) Legislation. In some countries as in France, some acts of the legislature, or of the sovereign, which have the force of law, are called decrees. 2) Practice. The judgment or sentence of a court of equity.

Absolute
Without any condition or encumbrance, as an "absolute bond,"simplex obligatio, in distinction from a conditional bond;

Model
A machine made on a small scale to show the manner in which it is to be worked or employed.

Divorce
The divorce is the legal ending of a marriage. Divorcing refers to limited aspects: to get a judgment of divorce and to make arrangements for distribution of property, child custody and spousal support, in some cases. A divorce starts with a petition (complaint) made by spouse (petitioner) and ends with an order for divorce called judgment. The petition is a standard document for divorce that shows the facts and issues and what the petitioner wants. After being filed with the court, it is served on the other spouse to give notice that the divorce case has started. Then the other spouse (respondent) can file a response, if necessary, but within a stated time (30 days after the petition is served). If a response is filed, the divorce case is “contested” and if there is no response, the case is “uncontested”. The uncontested divorce is relatively simple: it consists in paperwork and red tape to judgment. Some couples might need working out a written marital settlement agreement. A petitioner’s appearance in court might be required, although many states have procedures that don’t require hearing. Contested divorce has many complicated steps, the presence of a lawyer being very helpful and efficient in saving time and emotional stress. A contested divorce can become uncontested if one spouse simply drops out of the contest or if the spouses reach an agreement. About 95% of all divorce cases are able to reach agreement and settle without the need to go to trial. Collaborative divorce involves two clients and two attorneys who work together to reach a settlement with best possible result for both parties after negotiations of financial issues and custody. The law is used to impose a decision only when there is a disagreement brought into court. When children are involved, the judge might take a look at the terms to make sure they are well supported and protected.

Issue
1) Kindred. This term is of very extensive import, in its most enlarged signification, and includes all persons who have descended from a common ancestor. But when this word is used in a will, in order to give effect to the testator's intention it will be construed in a more restricted sense than its legal import conveys. 2) Pleading. An issue, in pleading, is defined to be a single, certain and material point issuing out of the allegations of the parties, and consisting, regularly, of an affirmative and negative. In common parlance, issue also signifies the entry of the pleadings.

Nisi
This word is frequently used in legal proceedings to denote that something has been done, which is to be valid unless something else Shall be done within a certain time to defeat it. For example, an order may be made that if on the day appointed to show cause, none be shown, an injunction will be dissolved of course, on motion, and production of an affidavit of service of the order. This is called an order nisi. Under the compulsory arbitration law of Pennsylvania, on the filing of the award, judgment nisi is to be entered: which judgment is to be as valid as if it had been rendered on the verdict of a jury, unless an appeal be entered within the time required by the law.



SIMILAR TERMS
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Decree
1) Legislation. In some countries as in France, some acts of the legislature, or of the sovereign, which have the force of law, are called decrees. 2) Practice. The judgment or sentence of a court of equity.

Decree absolute
The name given to the final and conclusive court order after the condition of a decree nisi is met.

Decree arbitral
Scotch law. A decree made by arbitrators chosen by the parties; an award.

Decree of registration
Scotch law. A proceeding by which the creditor has immediate execution.

Decretal order
Chancery practice. An order made by the court of chancery, upon a motion or petition, in the nature of a decree.



PREVIOUS AND NEXT TERMS
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Decorum
Proper behaviour; good order.

Decoy
A pond used for the breeding and maintenance of water-fowl.

Decree
1) Legislation. In some countries as in France, some acts of the legislature, or of the sovereign, which have the force of law, are called decrees. 2) Practice. The judgment or sentence of a court of equity.

Decree absolute
The name given to the final and conclusive court order after the condition of a decree nisi is met.

Decree arbitral
Scotch law. A decree made by arbitrators chosen by the parties; an award.

Decree nisi

Decree of registration
Scotch law. A proceeding by which the creditor has immediate execution.

Decretal order
Chancery practice. An order made by the court of chancery, upon a motion or petition, in the nature of a decree.

Dedi
Conveyancing. I have given. This word amounts to a warranty in law, when it is in a deed.

Dedimus
Practice. The name of a writ to commission private. persons to do some act in the place of a judge; as, to administer an oath of office to a justice of the peace, to examine witnesses, and the like.

Dedimus potestatem de attorno faciencdo
The name of a writ which was formerly issued by authority of the crown in England to authorize an attorney to appear for a defendant.

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This dictionary contains 8526 terms.







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