Juridical Dictionary

This dictionary contains:
8526
juridical terms

Detinue






Detinue

A common law action similar to conversion and also involving the possession of property by the defendant but belonging to the plaintiff but in which the plaintiff asks the court for the return of the property, although the plaintiff may also ask for damages for the duration of the possession.

RELATED TERMS
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Common
marriage law. a marriage in which no formal ceremony took place and no license exists.

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.

Conversion
The uulawful turning or applying the personal goods of another to the use of the taker, or of some other person than the, owner; or the unlawful destroying or altering their nature.

Possession
International law. By possession is meant a country which is held by no other title than mere conquest.

Property
Property is commonly thought of as a thing which belongs to someone and over which a person has total control. But, legally, it is more properly defined as a collection of legal rights over a thing. These rights are usually total and fully enforceable by the state or the owner against others. It has been said that "property and law were born and die together. Before laws were made there was no property. Take away laws and property ceases." before laws were written and enforced, property had no relevance. Possession was all that mattered. There are many classifications of property, the most common being between real property or immoveable property (real estate such as land or buildings) and "chattel", or "moveable" (things which are not attached to the land such as a bicycle, a car or a hammer) and between public (property belonging to everybody or to the state) and private property.

Defendant
A party who is sued in a personal action.

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.

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

Return
Contracts, remedies. Persons who are beyond the sea are exempted from the operation of the statute of limitations of Pennsylvania, and of other states, till after a certain time has elapsed after their returning.

Damages
A cash compensation ordered by a court to offset losses or suffering caused by another's fault or negligence. Damages are a typical request made of a court when persons sue for breach of contract or tort.



SIMILAR TERMS
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Detinet
He detains.

Detinuit
Practice. He detained.



PREVIOUS AND NEXT TERMS
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Determinable
What may come to an end, by the happening of a contingency; as a determnable fee.

Determinable fee
Also called a qualified or base fee, is one which has a quality subjoined to it, and which must be determined whenever the qualification annexed to it is at in end.

Determinate
That which is ascertained; what is particularly designated.

Determination
The end, the conclusion, of a right or authority.

Detinet
He detains.

Detinue

Detinuit
Practice. He detained.

Devastavit
Latin for "he has wasted." This is the technical word referring to a personal representative who has mismanaged the estate and allowed an avoidable loss to occur. This action opens the personal representative to personal liability for the loss.

Deviation
A departure by the carrier of goods by sea from the agreed or customary geographic route, done without the consent of the cargo interests. At common law, a deviation deprived cargo of its insurance coverage, so that the carrier was treated as the insurer of the goods.

Devisavit vel non
Practice. The name of an issue sent out of a court of chancery, or one which exercises chancery jurisdiction, to a court of law, to try the validity of a paper asserted and denied to be a will, to ascertain whether or not the testator did devise, or whether or not that paper was his will.

Devise
The transfer or conveyance of real property by will.

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This dictionary contains 8526 terms.