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Discussion
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DiscussionCivil law. A proceeding, on the part of a surety, by which. the property of the principal debtor is made liable before resort can be had to the sureties.
RELATED TERMS--------------------------------------
Civil
1) It is used in contradistinction to barbarous or savage, to indicate a state of society reduced to order and regular government; thus we speak of civil life, civil society, civil government, and civil liberty. 2) It is sometimes used in contradistinction to criminal, to indicate the private rights and remedies of men, as members of the community, in contrast to those which are public and relate to the government; thus we speak of civil process and criminal process, civil jurisdiction and criminal jurisdiction.
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.
Proceeding
In its general acceptation, this word means the form in which actions are to be brought and defended, the manner of intervening in suits, of conducting them, the mode of deciding them, of opposing judgments and of executing.
Surety
Contracts. A person who binds himself for the payment of a sum of money or for the performance of something else, for another, who is already bound for the same. A surety differs from a guarantor, and the latter cannot be sued until after a suit against the principal.
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.
Principal
1) This word has several meanings. It is used in opposition to accessary, to show the degree of crime committed by two persons; thus, we say, the principal is more guilty than the accessary after the fact. 2) Contracts. One who, being competent to contract, and who is sui juris, employs another to do any act for his own benefit, or on his own account. 3) Criminal law. A principal is one who is the actor in the commission of a crime.
Debtor
Debtor or obligor. The person who has engaged to perform some obligation. The word obligor, in its more technical signification, is applied to designate one who makes a bond.
Liable
Legally responsible.
Resort
The authority or jurisdiction of a court. The supreme court of the United States is a court of the last resort.
SIMILAR TERMS--------------------------------------
Discharge
Practice. The act by which a person in confinement, under some legal process, or held on an accusation of some crime or misdemeauor, is set at liberty; the writing containing the order for his being so set at liberty, is also called a discharge.
Discharged
Released, or liberated from custody.
Disciplinary hearing
In the US penitentiary jargon, a hearing held in the jail to determine if a Rule Violation Report is substantiated and, if so, what discipline the inmate will receive.
Disciplinary Hearing Officer
In the US penitentiary jargon, the person who is responsible for conducting misconduct hearings and decides if discipline is deserved.
Disciplinary Isolation
In the US penitentiary jargon, a restrictive status of confinement to which an inmate receiving major discipline can be committed.ÿ Inmates in this status are housed separately and are denied the use all personal items except bedding, clothing, legal papers, personal correspondence, hygiene items, and religious reading material.ÿ Inmates shall be placed in disciplinary custody status for no longer than ten days per hearing.
Disciplinary lockdown
In the US penitentiary jargon, a restrictive status of confinement to which an inmate receiving major discipline can be committed.ÿ Inmates in this status are restricted to their living area and lose all revocable privileges, retaining the rights to professional visits, showers, and legal phone calls.ÿ Inmates shall be placed in disciplinary custody status for no longer than 72 hours per hearing.
Disciplinary procedure
An employer should draw up a disciplinary procedure preferably with union or employee involvement. It is normally a condition of the employment contract that it is subject to the disciplinary procedure in force from time to time. Such a procedure will assist the employer in arguing that he has acted fairly as well as setting down good practice for both employer and employee in disciplinary matters.
Disclaim
To refuse a gift made in a will.
Disclaimer
1) Chancery pleading. The renunciation of the defendant to all claims to the subject of the demand made by the plaintiff's bill. 2) Estates. The act of a party by which be refuses to accept of an estate which has been conveyed to him.
Discontinuance
1) Estates. An alienation made or suffered by the tenant in tail, or other tenant seised in autre droit, by which the issue in, tail, or heir or successor, or those in reversion or remainder, are driven to their action, and cannot enter. 2) Practice. This takes place when a plaintiff leaves a chasm in the proceedings of his cause, as by not continuing the process regularly from day to day, and time to time, as he ought.
Discount
Practice. A set off, or defalcation in an action.
Discounting
The procedure used to convert periodic income and reversions into present value: based on the assumption that benefits received in the future are worth less than the same benefits received now.
Discovert
Not covert, unmarried. The term is applied to a woman unmarried, or widow; one not within the bonds of matrimony.
Discovery
1) International law. The act of finding an unknown country. 2) Practice, pleading. The act of disclosing or revealing by a defendant, in his answer to a bill filed against him in a court of equity. 3) Rights. The patent laws of the United States use this word as synonymous with invention or improvement of July 4, 1836.
Discrepancy
A difference between one thing and another, between one writing and another; a variance.
Discretion
Criminal law. The ability to know and distinguish between good and evil; between what is lawful and what is unlawful.
Discretion of the court
An area of choice available to a judge to make decisions after reviewing reasonable evidence.
Discretionary trust
A trust in which the settlor has given the trustee full discretion to decide which (and when) members of a group of beneficiaries is to receive either the income or the capital of the trust.
Discretionary trusts
Those which cannot be duly administered without the application of a certain degree of prudence and judgment; as when a fund is given to trustees to be distributed in certain charities to be selected by the trustees.
Discrimination
Under a range of different kinds of legislation, the law prohibits discrimination against various sectors of the workforce. Conduct is generally discriminatory where it may be considered to disadvantage a person of a particular sex or race, union members or non-members, ex-offenders, or from late 1996, the disabled. It may occur at recruitment, whilst employed or through termination. It is particularly important because in sex or race discrimination cases, the qualifying period of continuous employment for bringing a claim for dismissal does not apply when based upon discrimination and in such cases the limit on the amount an industrial tribunal may award is not applicable.
PREVIOUS AND NEXT TERMS--------------------------------------
Discretion
Criminal law. The ability to know and distinguish between good and evil; between what is lawful and what is unlawful.
Discretion of the court
An area of choice available to a judge to make decisions after reviewing reasonable evidence.
Discretionary trust
A trust in which the settlor has given the trustee full discretion to decide which (and when) members of a group of beneficiaries is to receive either the income or the capital of the trust.
Discretionary trusts
Those which cannot be duly administered without the application of a certain degree of prudence and judgment; as when a fund is given to trustees to be distributed in certain charities to be selected by the trustees.
Discrimination
Under a range of different kinds of legislation, the law prohibits discrimination against various sectors of the workforce. Conduct is generally discriminatory where it may be considered to disadvantage a person of a particular sex or race, union members or non-members, ex-offenders, or from late 1996, the disabled. It may occur at recruitment, whilst employed or through termination. It is particularly important because in sex or race discrimination cases, the qualifying period of continuous employment for bringing a claim for dismissal does not apply when based upon discrimination and in such cases the limit on the amount an industrial tribunal may award is not applicable.
Discussion
Disfranchisement
The act of depriving a member of a corporation of his right as such, by expulsion.
Disgrace
Ignominy, shame, dishonor.
Disherison
Obsolete. Disinheritance; depriving one of an inheritance.
Disheritor
Obsolete.One who disinherits, or puts another out of his freehold.
Disinheritance
The act by which a person deprives his heir of an inheritance, who, without such act, would inherit.
RELATED TERMS--------------------------------------
Civil
1) It is used in contradistinction to barbarous or savage, to indicate a state of society reduced to order and regular government; thus we speak of civil life, civil society, civil government, and civil liberty. 2) It is sometimes used in contradistinction to criminal, to indicate the private rights and remedies of men, as members of the community, in contrast to those which are public and relate to the government; thus we speak of civil process and criminal process, civil jurisdiction and criminal jurisdiction.
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.
Proceeding
In its general acceptation, this word means the form in which actions are to be brought and defended, the manner of intervening in suits, of conducting them, the mode of deciding them, of opposing judgments and of executing.
Surety
Contracts. A person who binds himself for the payment of a sum of money or for the performance of something else, for another, who is already bound for the same. A surety differs from a guarantor, and the latter cannot be sued until after a suit against the principal.
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.
Principal
1) This word has several meanings. It is used in opposition to accessary, to show the degree of crime committed by two persons; thus, we say, the principal is more guilty than the accessary after the fact. 2) Contracts. One who, being competent to contract, and who is sui juris, employs another to do any act for his own benefit, or on his own account. 3) Criminal law. A principal is one who is the actor in the commission of a crime.
Debtor
Debtor or obligor. The person who has engaged to perform some obligation. The word obligor, in its more technical signification, is applied to designate one who makes a bond.
Liable
Legally responsible.
Resort
The authority or jurisdiction of a court. The supreme court of the United States is a court of the last resort.
SIMILAR TERMS--------------------------------------
Discharge
Practice. The act by which a person in confinement, under some legal process, or held on an accusation of some crime or misdemeauor, is set at liberty; the writing containing the order for his being so set at liberty, is also called a discharge.
Discharged
Released, or liberated from custody.
Disciplinary hearing
In the US penitentiary jargon, a hearing held in the jail to determine if a Rule Violation Report is substantiated and, if so, what discipline the inmate will receive.
Disciplinary Hearing Officer
In the US penitentiary jargon, the person who is responsible for conducting misconduct hearings and decides if discipline is deserved.
Disciplinary Isolation
In the US penitentiary jargon, a restrictive status of confinement to which an inmate receiving major discipline can be committed.ÿ Inmates in this status are housed separately and are denied the use all personal items except bedding, clothing, legal papers, personal correspondence, hygiene items, and religious reading material.ÿ Inmates shall be placed in disciplinary custody status for no longer than ten days per hearing.
Disciplinary lockdown
In the US penitentiary jargon, a restrictive status of confinement to which an inmate receiving major discipline can be committed.ÿ Inmates in this status are restricted to their living area and lose all revocable privileges, retaining the rights to professional visits, showers, and legal phone calls.ÿ Inmates shall be placed in disciplinary custody status for no longer than 72 hours per hearing.
Disciplinary procedure
An employer should draw up a disciplinary procedure preferably with union or employee involvement. It is normally a condition of the employment contract that it is subject to the disciplinary procedure in force from time to time. Such a procedure will assist the employer in arguing that he has acted fairly as well as setting down good practice for both employer and employee in disciplinary matters.
Disclaim
To refuse a gift made in a will.
Disclaimer
1) Chancery pleading. The renunciation of the defendant to all claims to the subject of the demand made by the plaintiff's bill. 2) Estates. The act of a party by which be refuses to accept of an estate which has been conveyed to him.
Discontinuance
1) Estates. An alienation made or suffered by the tenant in tail, or other tenant seised in autre droit, by which the issue in, tail, or heir or successor, or those in reversion or remainder, are driven to their action, and cannot enter. 2) Practice. This takes place when a plaintiff leaves a chasm in the proceedings of his cause, as by not continuing the process regularly from day to day, and time to time, as he ought.
Discount
Practice. A set off, or defalcation in an action.
Discounting
The procedure used to convert periodic income and reversions into present value: based on the assumption that benefits received in the future are worth less than the same benefits received now.
Discovert
Not covert, unmarried. The term is applied to a woman unmarried, or widow; one not within the bonds of matrimony.
Discovery
1) International law. The act of finding an unknown country. 2) Practice, pleading. The act of disclosing or revealing by a defendant, in his answer to a bill filed against him in a court of equity. 3) Rights. The patent laws of the United States use this word as synonymous with invention or improvement of July 4, 1836.
Discrepancy
A difference between one thing and another, between one writing and another; a variance.
Discretion
Criminal law. The ability to know and distinguish between good and evil; between what is lawful and what is unlawful.
Discretion of the court
An area of choice available to a judge to make decisions after reviewing reasonable evidence.
Discretionary trust
A trust in which the settlor has given the trustee full discretion to decide which (and when) members of a group of beneficiaries is to receive either the income or the capital of the trust.
Discretionary trusts
Those which cannot be duly administered without the application of a certain degree of prudence and judgment; as when a fund is given to trustees to be distributed in certain charities to be selected by the trustees.
Discrimination
Under a range of different kinds of legislation, the law prohibits discrimination against various sectors of the workforce. Conduct is generally discriminatory where it may be considered to disadvantage a person of a particular sex or race, union members or non-members, ex-offenders, or from late 1996, the disabled. It may occur at recruitment, whilst employed or through termination. It is particularly important because in sex or race discrimination cases, the qualifying period of continuous employment for bringing a claim for dismissal does not apply when based upon discrimination and in such cases the limit on the amount an industrial tribunal may award is not applicable.
PREVIOUS AND NEXT TERMS--------------------------------------
Discretion
Criminal law. The ability to know and distinguish between good and evil; between what is lawful and what is unlawful.
Discretion of the court
An area of choice available to a judge to make decisions after reviewing reasonable evidence.
Discretionary trust
A trust in which the settlor has given the trustee full discretion to decide which (and when) members of a group of beneficiaries is to receive either the income or the capital of the trust.
Discretionary trusts
Those which cannot be duly administered without the application of a certain degree of prudence and judgment; as when a fund is given to trustees to be distributed in certain charities to be selected by the trustees.
Discrimination
Under a range of different kinds of legislation, the law prohibits discrimination against various sectors of the workforce. Conduct is generally discriminatory where it may be considered to disadvantage a person of a particular sex or race, union members or non-members, ex-offenders, or from late 1996, the disabled. It may occur at recruitment, whilst employed or through termination. It is particularly important because in sex or race discrimination cases, the qualifying period of continuous employment for bringing a claim for dismissal does not apply when based upon discrimination and in such cases the limit on the amount an industrial tribunal may award is not applicable.
Discussion
Disfranchisement
The act of depriving a member of a corporation of his right as such, by expulsion.
Disgrace
Ignominy, shame, dishonor.
Disherison
Obsolete. Disinheritance; depriving one of an inheritance.
Disheritor
Obsolete.One who disinherits, or puts another out of his freehold.
Disinheritance
The act by which a person deprives his heir of an inheritance, who, without such act, would inherit.
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This dictionary contains 8526 terms.
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