Juridical Dictionary

This dictionary contains:
8526
juridical terms

Direct action






Direct action

The right of a third party who has a claim in responsibility against an insured to proceed directly by suit against the insurer, usually because the insured has been declared bankrupt or has become insolvent. In most jurisdictions, direct action is permitted only by statute.

RELATED TERMS
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Right
1) Sometimes it signifies a law, as when we say that natural right requires us to keep our promises, or that it commands restitution, or that it forbids murder. In our language it is seldom used in this sense. 2) It sometimes means that quality in our actions by which they are denominated just ones. This is usually denominated rectitude. 3) It is that quality in a person by which he can do certain actions, or possess certain things which belong to him by virtue of some title. In this sense, we use it when we say that a man has a right to his estate or a right to defend himself.

Party
Practice, contracts. When applied to practice, by party is understood either the plaintiff or defendant. In contracts, a party is one or more persons who engage to perform or receive the performance of some agreement.

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.

Responsibility
The obligation to answer for an act done, and to repair any injury it may have caused

Insured
Contracts. The person who procures an insurance on his property.

Suit
An action. The word suit in the 25th section of the judiciary act of 1789, applies to any proceeding in a court of justice, in which the plaintiff pursues, in such court, the remedy which the law affords him. An application for a prohibition is therefore a suit.

Insurer
Contracts. One who has obliged himself to insure the safety of another's property, in consideration of a premium paid, or secured to be paid, to him.

Bankrupt
French banque, a table or counter; route, trace, track: his "banque" was removed and no trace of it left. Italian banca rotta, a broken bench: a money-changer's bench was broken up, on his failing in business. A trader who secretes himself, or does certain other acts tending to defraud his creditors. Bankruptcy is a proceeding of an equitable nature - a sequestration of a debtor's property that the creditors may resort to, instead of an ordinary suit at law or in equity.

Insolvent
1) It signifies a person whose estate is not sufficient to pay his debts. 2) A person is also said to be insolvent, who is under a present inability to answer, in the ordinary course of business, the responsibility which his creditors may enforce, by recourse to legal measures, without reference to his estate proving sufficient to pay all his debts, when ultimately wound up. 3) It signifies the situation of a person who has done some notorious act to divest himself of all his property, as a general assignment, or an application for relief, under bankrupt or insolvent laws.

Direct
Straight forward; not collateral.

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.

Statute
The written will of the legislature, solemnly expressed according to the forms prescribed in the constitution; an act of the legislature.



SIMILAR TERMS
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Direct
Straight forward; not collateral.

Direct capitalization
The capitalization method used to convert an estimate of a single year's income expectancy or any annual average of several years' income expectancies into an indication of value in one step, either by dividing the income estimated by an appropriate rate or by multiplying the income estimate by an appropriate factor.

Direct evidence
That which applies immediately to the fadum probandum, without any intervening process.

Direct examination
The initial questioning of a witness called to the stand by an attorney.

Direct inward system access
A feature on PBX (Private Branch Exchange) telephone equipment that is vulnerable to fraud. It is used to allow people outside of the office to call anywhere in the world through the DISA port using a toll-free number and a PIN (Personal Identification Number). Hackers attack the PBX through the toll-free number and try to break in by guessing the PIN. If successful, the hackers can use the telephone network of the victim to place calls billed back to the victim.

Direct payment
Child or spousal support paid directly to the parent who has custody by the parent who does not have custody.

Directed verdict
In a case in which the plaintiff has failed to present on the facts of his case proper evidence for jury consideration, the trial judge may order the entry of a verdict without allowing the jury to consider it.

Direction
1) The order and government of an institution; the persons who compose the board of directors are jointly called the direction. 2) Practice. That part of a bill in chancery which contains the address of the bill to the court.

Directors
Persons who are appointed to the board of directors under procedures contained in the Articles of Association are the directors of the company. Shadow directors may also be treated as directors in some circumstances. Executives whose job title describe them as a director but are not members of the board are not treated as directors, although they may have ostensible authority to bind the company as if they were.

Directors register
The Directors Register is one of the statutory registers that the company is required to maintain showing details of the directors and secretary. Name, address, occupation, nationality, date of birth and other directorships are recorded.

Directory
That which points out a thing or course of proceeding.

Directory advertising schemes
Fraudulent invoices claiming that the company is listed in a business directory and requesting payment. There may or may not be such a directory, and the directory may or may not ever be distributed or distributed as widely as claimed. For certain, no one ever ordered or authorized the directory advertisement.



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Diplomacy
The science which treats of the relations and interests of nations with nations.

Diplomat
An official representative of a state, present in another state for the purposes of general representation of the state-of-origin or for the purpose of specific international negotiations on behalf of the diplomat's state-of-origin.

Diplomatic agents
This name has been given to public officers, who have been commissioned, according to law, to superintend and transact the affairs of the government which has employed them, in a foreign country.

Diplomatics
The art of judging of ancient charters, public documents or diplomas, and discriminating the true from the false.

Direct
Straight forward; not collateral.

Direct action

Direct capitalization
The capitalization method used to convert an estimate of a single year's income expectancy or any annual average of several years' income expectancies into an indication of value in one step, either by dividing the income estimated by an appropriate rate or by multiplying the income estimate by an appropriate factor.

Direct evidence
That which applies immediately to the fadum probandum, without any intervening process.

Direct examination
The initial questioning of a witness called to the stand by an attorney.

Direct inward system access
A feature on PBX (Private Branch Exchange) telephone equipment that is vulnerable to fraud. It is used to allow people outside of the office to call anywhere in the world through the DISA port using a toll-free number and a PIN (Personal Identification Number). Hackers attack the PBX through the toll-free number and try to break in by guessing the PIN. If successful, the hackers can use the telephone network of the victim to place calls billed back to the victim.

Direct payment
Child or spousal support paid directly to the parent who has custody by the parent who does not have custody.

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This dictionary contains 8526 terms.