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Deem
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DeemTo accept a document or an event as conclusive of a certain status in the absence of evidence or facts which would normally be required to prove that status. For example, in matters of child support, a decision of a foreign court could be "deemed" to be a decision of the court of another for the purpose of enforcement.
RELATED TERMS--------------------------------------
Conclusive
What puts an end to a thing. A conclusive presumption of law, is one which cannot be contradicted even by direct and positive proof.
Status
The condition of persons. It also means estate, because it signifies the condition or circumstances in which the owner stands with regard to his property.
Evidence
Proof of fact(s) presented at a trial. The best and most common method is by oral testimony; where you have an eye-witness swear to tell the truth and to then relate to the court (or jury) their experience. Evidence is essential in convincing the judge or jury of your facts as the judge (or jury) is expected to start off with a blank slate; no preconceived idea or knowledge of the facts. So it is up to the opposing parties to prove (by providing evidence), to the satisfaction of the court (or jury), the facts needed to support their case. Besides oral testimony, an object can be deposited with the court (eg. a signed contract). This is sometimes called "real evidence." In other rarer cases, evidence can be circumstantial.
Example
An example is a case put to illustrate a. principle.
Child
Generally, an unmarried person under 21 years of age who is: a child born in wedlock; a stepchild, provided that the child was under 18 years of age at the time that the marriage creating the stepchild relationship occurred; a legitimated child, provided that the child was legitimated while in the legal custody of the legitimating parent; a child born out of wedlock, when a benefit is sought on the basis of its relationship with its mother, or to its father if the father has or had a bona fide relationship with the child; a child adopted while under 16 years of age who has resided since adoption in the legal custody of the adopting parents for at least 2 years; or an orphan, under 16 years of age, who has been adopted abroad by a U.S. citizen or has an immediate-relative visa petition submitted in his/her behalf and is coming to the United States for adoption by a U.S. citizen.
Support
The right of support is an easement which one man, either by contract or prescription, enjoys, to rest the joists or timbers of his house upon the wall of an adjoining building, owned by another person.
Decision
Practice. A judgment given by a competent tribunal. The French lawyers call the opinions which they give on questions propounded to them, decisions.
Foreign
That which belongs to another country; that which is strange.
Court
A body in government to which the administration of justice is delegated.
SIMILAR TERMS--------------------------------------
PREVIOUS AND NEXT TERMS--------------------------------------
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.
Deed
Only in relatively rare circumstances is a deed required to complete a transaction. In a commercial situation the most common use is where a variation or concession is made without the other party giving anything in return. A deed is enforceable regardless of the legal requirements for contracts such as the need for consideration. Where a deed is necessary, there are special requirements for a company wishing to enter into such an arrangement which may either involve use of the company or the signature of two directors or a director and a company secretary.
Deed poll
Contracts. A deed made by one party only is not indented, but polled or shaved quite even, and is, for this reason, called a deed poll, or single deed.
Deem
Defalcation
Practice, contracts. The reduction of the claim of one of the contracting parties against the other, by deducting from it a smaller claim due from the former to the latter.
Defamation
An attack on the good reputation of a person, by slander or libel.
Default
"1) The neglect to perform a legal obligation or duty; but in technical language by default is often understood the non-appearance of the defendant within the time prescribed by law, to defend himself; it also signifies the non-appearance of the plaintiff to prosecute his claim. 2) Contracts, torts. It is enacted that ""no action shall be brought to charge the defendant upon any special promise to answer for the debt, default, or miscarriage of another person, unless the agreement"", ""shall be in writing,"" By default under this statute is understood the non-performance of duty, though the same be not founded on a contract.
Default judgment
A judgment entered against a party who fails to appear in court or respond to the charges.
Default order or judgment
An order or judgment made based on only the plaintiff's (petitioner's) complaint, due to no response or presence of the defendant (respondent).
RELATED TERMS--------------------------------------
Conclusive
What puts an end to a thing. A conclusive presumption of law, is one which cannot be contradicted even by direct and positive proof.
Status
The condition of persons. It also means estate, because it signifies the condition or circumstances in which the owner stands with regard to his property.
Evidence
Proof of fact(s) presented at a trial. The best and most common method is by oral testimony; where you have an eye-witness swear to tell the truth and to then relate to the court (or jury) their experience. Evidence is essential in convincing the judge or jury of your facts as the judge (or jury) is expected to start off with a blank slate; no preconceived idea or knowledge of the facts. So it is up to the opposing parties to prove (by providing evidence), to the satisfaction of the court (or jury), the facts needed to support their case. Besides oral testimony, an object can be deposited with the court (eg. a signed contract). This is sometimes called "real evidence." In other rarer cases, evidence can be circumstantial.
Example
An example is a case put to illustrate a. principle.
Child
Generally, an unmarried person under 21 years of age who is: a child born in wedlock; a stepchild, provided that the child was under 18 years of age at the time that the marriage creating the stepchild relationship occurred; a legitimated child, provided that the child was legitimated while in the legal custody of the legitimating parent; a child born out of wedlock, when a benefit is sought on the basis of its relationship with its mother, or to its father if the father has or had a bona fide relationship with the child; a child adopted while under 16 years of age who has resided since adoption in the legal custody of the adopting parents for at least 2 years; or an orphan, under 16 years of age, who has been adopted abroad by a U.S. citizen or has an immediate-relative visa petition submitted in his/her behalf and is coming to the United States for adoption by a U.S. citizen.
Support
The right of support is an easement which one man, either by contract or prescription, enjoys, to rest the joists or timbers of his house upon the wall of an adjoining building, owned by another person.
Decision
Practice. A judgment given by a competent tribunal. The French lawyers call the opinions which they give on questions propounded to them, decisions.
Foreign
That which belongs to another country; that which is strange.
Court
A body in government to which the administration of justice is delegated.
SIMILAR TERMS--------------------------------------
PREVIOUS AND NEXT TERMS--------------------------------------
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.
Deed
Only in relatively rare circumstances is a deed required to complete a transaction. In a commercial situation the most common use is where a variation or concession is made without the other party giving anything in return. A deed is enforceable regardless of the legal requirements for contracts such as the need for consideration. Where a deed is necessary, there are special requirements for a company wishing to enter into such an arrangement which may either involve use of the company or the signature of two directors or a director and a company secretary.
Deed poll
Contracts. A deed made by one party only is not indented, but polled or shaved quite even, and is, for this reason, called a deed poll, or single deed.
Deem
Defalcation
Practice, contracts. The reduction of the claim of one of the contracting parties against the other, by deducting from it a smaller claim due from the former to the latter.
Defamation
An attack on the good reputation of a person, by slander or libel.
Default
"1) The neglect to perform a legal obligation or duty; but in technical language by default is often understood the non-appearance of the defendant within the time prescribed by law, to defend himself; it also signifies the non-appearance of the plaintiff to prosecute his claim. 2) Contracts, torts. It is enacted that ""no action shall be brought to charge the defendant upon any special promise to answer for the debt, default, or miscarriage of another person, unless the agreement"", ""shall be in writing,"" By default under this statute is understood the non-performance of duty, though the same be not founded on a contract.
Default judgment
A judgment entered against a party who fails to appear in court or respond to the charges.
Default order or judgment
An order or judgment made based on only the plaintiff's (petitioner's) complaint, due to no response or presence of the defendant (respondent).
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This dictionary contains 8526 terms.
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