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Default
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. RELATED TERMS-------------------------------------- Legal That which is according to law. It is used in opposition to equitable, as the legal estate is, in the trustee, the equitable estate in the cestui que trust. Obligation In its general and most extensive sense, obligation is synony- mous with duty. In a more technical meaning, it is a tie which binds us to pay or to do something agreeably to the laws and customs of the country in which the obligation is made. Technical That which properly belongs to an art. 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. Defendant A party who is sued in a personal action. 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. Law A rule or body of rules of conduct inherent in human nature and essential to or binding upon human society. The learned profession that is mastered by graduate study in a law school and that is responsible for the judicial system. 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. Prosecute To bring judicial proceedings against a person and to administer them until the conclusion of the court proceedings. Lawyers are hired by the government to administer the prosecution of criminal charges in the courts. Claim A demand for resolution or remedy of a grievance, or for something that is rightly the claimant's. Example: A demand for payment to recover a loss protected by an insurance policy. A demand in a court of law filed by a claimant on any juridical issue he / she considers. 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. 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. Special That which relates to a particular species or kind, opposed to general; as special verdict and general verdict; special imparlance and general imparlance; special jury, or one selected for a particular case, and general jury; special issue and general issue, &c. Promise Contracts. An engagement by which the promisor contracts towards another to perform or do something to the advantage of the latter. Answer Practice. The declaration of a fact by a witness after a question has been put asking for it. Debt Whatever one owes. A sum of money due by certain and express agreement. Miscarriage 1) Medical jurisprudence. By this word is technically understood the expul- sion of the ovum or embryo from the uterus within the first six weeks after conception; between that time and before the expiration of the sixth month, when the child may possibly live, it is termed abortion. When the delivery takes place soon after the sixth month, it is denominated premature labor. But the criminal act of destroying the foetus at any time before birth, is termed in law, procuring miscarriage. Person This word is applied to men, women and children, who are called natural persons. Statute The written will of the legislature, solemnly expressed according to the forms prescribed in the constitution; an act of the legislature. Contract A negotiated oral or written agreement setting forth the terms for an exchange of value between parties (which may be individuals or companies) and under which each party promises to perform an obligation. Certain terms, such as the obligations to be performed and the terms for setting price or compensation must be mutually understood, known in legal lingo as a "meeting of the minds," and promised to by the parties to form a legal contract. SIMILAR TERMS-------------------------------------- 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. Defamation of character lawsuit A lawsuit related to defamation of character. 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). Defaulter Common law. One who is deficient in his accounts, or falls in making his accounts correct. PREVIOUS AND NEXT TERMS-------------------------------------- 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 To 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. 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 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). Defaulter Common law. One who is deficient in his accounts, or falls in making his accounts correct. Defeasance Contracts, conveyancing. An instrument which defeats the force or operation of some other deed or estate. Defeasible What may be undone or annulled. We thank you for using the Juridical Dictionary to search for Default. If you have a better definition for Default than the one presented here, please let us know by making use of the suggest a term option. This definition of Default may be disputed by other professionals. Our attempt is to provide easy definitions on Default and any other medical topic for the public at large.
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