Juridical Dictionary

This dictionary contains:
8526
juridical terms

Error, writ




Error, writ

A writ of error is one issued fro a superior to an inferior court, for the purpose of bringing up the record and correcting an alleged error committed in the trial in the court below. But it cannot deliver the body from prison.

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Writ
An official court document, signed by a judge or bearing an official court seal, which commands the person to whom it is addressed, to do something specific. That "person" is typically either a sheriff (who may be instructed to seize property, for example) or a defendant (for whom the writ is the first notice of formal legal action. In these cases, the writ would command the person to answer the charges laid out in the suit, or else judgment may be made against them in their absence).

Superior
One who has a right to command; one who holds a superior rank; as, a soldier is bound to obey his superior. 2. In estates, some are superior to others; an estate entitled to a servitude or easement over another estate, is called the superior or dominant, and the other the inferior or servient estate.

Inferior
One who in relation to another has less power and is below him; one who is bound to obey another. He who makes the law is the superior; he who is bound to obey it, the inferior.

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

Record
1) Evidence. A written memorial made by a public officer authorized by law to perform that function, and intended to serve as evidence of something written, said, or done. 2) To record. The act of making a record.

Trial
Practice., The examination before a competent tribunal, according to the laws, of the land, of the facts put in issue in a cause, for the purpose of determining such issue.

Below
Lower in place, beneath, not so high as some other thing spoken of, of tacitly referred to.

Body
A person.

Prison
A legal prison is the building designated by law, or used by the sheriff, for the confinement, or detention of those whose persons are judicially ordered to be kept in custody. But in cases of necessity, the sheriff may make his own house, or any other place, a prison.



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Equuleus
The name of a kind of rack for extorting confessions.

Erasure
Contracts, evidence. The obliteration of a writing; it will render it void or not under the same circumstances as an interlineation.

Eregimus
We have erected.

Erie doctrine
The American rule that a U.S. federal district court exercising "diversity jurisdiction" (i.e. jurisdiction in a case in which the parties are from different U.S. states or where a foreigner sues an American citizen), must apply the law of the U.S. state in which it is sitting.

Erotic mania
Medical jurisprudence. A name given to a morbid activity of the sexual propensity. It is a disease or morbid affection of the mind, which fills it with a crowd of voluptuous images, and hurries its victim to acts of the grossest licentiousness, in the absence of any lesion of the intellectual powers.

Error, writ

Escape hatches
Escape hatches (escape clauses) are found in codes or statutes and permit a different law to apply as a general rule or permit a particular rule or presumption to be ignored if the court believes it is wise to do so. Escape hatches permit a choice of law rule or choice of law presumption to be circumvented when it is clear that the law chosen has only a slight connection to the facts of the case and another law has a much closer connection.

Escape, warrant of
A warrant issued in England against a person who being charged in custody in the king's bench or Fleet prison, in execution or mesne process, escapes and goes at large.

Escheat
Where property is returned to the government upon the death of the owner, because there is nobody to inherit the property. Escheat is based on the Latin principle of dominion directum as was often used in the feudal system when a tenant died without heirs or if the tenant was convicted of a felony.

Escheator
The name of an officer whose duties are generally to ascertain what escheats have taken place, and to prosecute the claim of the commonwealth for the purpose of recovering the escheated property.

Escrow
When the performance of something is outstanding and a third party holds onto money or a written document (such as shares or a deed) until a certain condition is met between the two contracting parties.

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This dictionary contains 8526 terms.







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