Juridical Dictionary

This dictionary contains:
8526
juridical terms

Distraint






Distraint

The right of a landlord to seize the property of a tenant which is in the premises being rented, as collateral against a tenant that has not paid the rent or has otherwise defaulted on the lease, such as wanton disrepair or destruction of the premises. A common way to "distrain" against a tenant is by changing locks and giving notice to the tenant. A legal action to reclaim goods that have been distrained is called replevin.

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.

Landlord
A person firm or company which grants a lease or licence to a tenant and is accordingly responsible for the landlord's obligations under the lease. The landlord may be the owner of the freehold or a leasehold interest that permits him to underlet. now-how as a term often covers matters such as new product plans, costings, materials, production information, financial status, accountancy information, consumer lists and business information.

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.

Tenant
Estates. One who holds or possesses lands or tenements by any kind of title, either in fee, for life, for years, or at will

Premises
1) That which is put before. The word has several significations; sometimes it means the statements which have been before made; as, I act upon these premises; in this sense, this word may comprise a variety of subjects, having no connexion among themselves. 2) Estates. Lands and tenements are usually, called premises, when particularly spoken of; as, the premises will be sold without reserve. 3) Conveyancing. That part in the beginning of a deed, in which are set forth the names of the parties, with their titles ana additions, and in which are recited such deeds, agreements, or matters of fact, as are necessary to explain the reasons upon which the contract then entered into is founded; and it is here also the consideration on which it is made, is set down, and the certainty of the thing granted. 4) Equity pleading. That part of a bill usually denominated the stating part of the bill. It contains a narrative of the facts and circumstances of the plaintiff's case, and the wrongs of which he complains, and the names of the persons by whom done, and against whom he seeks redress.

Collateral
Collateralis. From latus, a side; that which is sideways, and not direct.

Rent
Estates, contracts. A certain profit in money, provisions, chattels, or labor, issuing out of lands and tenements in retribution for the use.

Lease
A special kind of contract between a property owner and a person wanting temporary enjoyment and use of the property, in exchange for rent paid to the property owner. Where the property is land, a building, or parts of either, the property owner is called a landlord and the person that contracts to receive the temporary enjoyment and use is called a tenant.

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

Notice
The information given of some act done, or the interpellation by which some act is required to be done. It also signifies, simply, knowledge; as A had notice that B was a slave.

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.

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.

Reclaim
To demand again, to insist upon a right; as, when a defendant for a consideration received from the plaintiff, has covenanted to do an act, and fails to do it, the plaintiff may bring covenant for the breach, or assumpsit to reclaim the consideration.

Replevin
Remedies. The name of an action for the recovery of goods and chattels.



SIMILAR TERMS
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Distrainor
One who makes a distress of goods and chattels to enforce some right.

Distress infinite
English practice. A process commanding the sheriff to distrain a person from time to time, and continually afterwards, by taking his goods by way of pledge, to enforce the performance of something due from the party distrained upon.

Distribution
By this term is understood the division of an intestate's estate according to law.

Distributive justice
That virtue, whose object it is to distribute rewards and punishments to every one according to his merits or demerits.

District
A certain portion of the country, separated from the rest for some special purposes.

District attorneys of the united states
There shall be appointed, in each judicial district, a meet person, learned in the law, to act as attorney of the United States in such district, who shall be sworn or affirmed to the faithful execution of his office.

District court
The name of one of the courts of the United States. It is held by a judge, called the district judge. Several courts under the same name have been established by state authority.

District of Columbia attorney
An attorney who can practice in the US District of Columbia.

District of Columbia circuit court
A circuit court in the US District of Columbia.

District of Columbia court
A court in the US District of Columbia.

District of Columbia court of justice
A court of justice in the US District of Columbia.

District of Columbia law firm
A law firm entitled to practice in the US District of Columbia.

District of Columbia lawyer
A lawyer who can practice in the US District of Columbia.

District of Columbia State Prison
A State Prison belonging to the US District of Columbia.

District of Columbia Supreme Court
A Supreme Court in the US District of Columbia (United States of America).

Distringas
Remedies. A writ directed to the sheriff, commanding him to distrain one of his goods and chattels, to enforce his compliance of what is required of him, as for his appearance in a court on such a day, and the like.

Disturbance
Torts. A wrong done to an incorporeal hereditament, by hindering or disquieting the owner in the enjoyment of it.



PREVIOUS AND NEXT TERMS
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Disseisor
Torts. One who puts another out of the possession of his lands wrongfully.

Dissent
Contracts. A disagreement to something which has been done.

Dissolution
1) Contracts. The dissolution of a contract, is the annulling its effects between the contracting parties. 2) Practice. The act of rendering a legal proceeding null, or changing its character.

Dissolution of marriage
A legal judgment that severs a marriage relationship and returns each person to single status.

Distrainor
One who makes a distress of goods and chattels to enforce some right.

Distraint

Distress infinite
English practice. A process commanding the sheriff to distrain a person from time to time, and continually afterwards, by taking his goods by way of pledge, to enforce the performance of something due from the party distrained upon.

Distribution
By this term is understood the division of an intestate's estate according to law.

Distributive justice
That virtue, whose object it is to distribute rewards and punishments to every one according to his merits or demerits.

District
A certain portion of the country, separated from the rest for some special purposes.

District attorneys of the united states
There shall be appointed, in each judicial district, a meet person, learned in the law, to act as attorney of the United States in such district, who shall be sworn or affirmed to the faithful execution of his office.

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This dictionary contains 8526 terms.