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Evocation
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EvocationFrench law. The act by which a judge is deprived of the cognizance of a suit over which he had jurisdiction, for the purpose of conferring on other judges the power of deciding it.
RELATED TERMS--------------------------------------
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.
Judge
An elected or appointed public official with authority to hear and decide cases in a court of law.
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.
Jurisdiction
Practice. A power constitutionally conferred upon a judge or magistrate, to take cognizance of, and decide causes according to law, and to carry his sentence into execution. The tract of land or district within which a judge or magistrate has jurisdiction, is called his territory, and his power in relation to his territory is called his territorial jurisdiction.
Power
This is either inherent or derivative. The former is the right, ability, or faculty of doing something, without receiving that right, ability, or faculty from another. The people have the power to establish a form of govemment, or to change one already established. A father has the legal power to chastise his son; a master, his apprentice.
SIMILAR TERMS--------------------------------------
PREVIOUS AND NEXT TERMS--------------------------------------
Evasion of the law
A principle of the conflict of laws, better known in civilian jurisdictions which consists of the intentional and improper manipulation of contacts (connecting factors), in order to avoid the application of the proper law. "Avoidance of the law" (supra), on the other hand is the acceptable arrangement of connecting factors for a legitimate purpose, for example in an agreement, usually between two equal bargaining parties, in order to select an appropriate applicable law or jurisdiction.
Evidence
Proof of fact(s) presented at a trial. The best and most common method is by oral testimony; where you have an eye-witness swear to tell the truth and to then relate to the court (or jury) their experience. Evidence is essential in convincing the judge or jury of your facts as the judge (or jury) is expected to start off with a blank slate; no preconceived idea or knowledge of the facts. So it is up to the opposing parties to prove (by providing evidence), to the satisfaction of the court (or jury), the facts needed to support their case. Besides oral testimony, an object can be deposited with the court (eg. a signed contract). This is sometimes called "real evidence." In other rarer cases, evidence can be circumstantial.
Evidence, conclusive
That which, while uncontradicted, satisfies the judge and jury it is also that which cannot be contradicted.
Evidence, direct
That which applies immediately to the fadum probandum, without any intervening process.
Evidence, extrinsic
External evidence, or that which is not contained in the body of an agreement, contract, and the like.
Evocation
Ewage
A toll paid for water passage. Cowell. The same as aquagium.
Ex aequo et bono
In equity and good conscience. A man is bound to pay money which ex aequo et bono he holds for the use of another
Ex cathedra
(United Kingdom) With official authority.
Ex concessis
(United Kingdom) In view of what has already been accepted.
Ex contractu
This term is applied to such things as arise from a contract; as an action which arises ex contractu.
RELATED TERMS--------------------------------------
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.
Judge
An elected or appointed public official with authority to hear and decide cases in a court of law.
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.
Jurisdiction
Practice. A power constitutionally conferred upon a judge or magistrate, to take cognizance of, and decide causes according to law, and to carry his sentence into execution. The tract of land or district within which a judge or magistrate has jurisdiction, is called his territory, and his power in relation to his territory is called his territorial jurisdiction.
Power
This is either inherent or derivative. The former is the right, ability, or faculty of doing something, without receiving that right, ability, or faculty from another. The people have the power to establish a form of govemment, or to change one already established. A father has the legal power to chastise his son; a master, his apprentice.
SIMILAR TERMS--------------------------------------
PREVIOUS AND NEXT TERMS--------------------------------------
Evasion of the law
A principle of the conflict of laws, better known in civilian jurisdictions which consists of the intentional and improper manipulation of contacts (connecting factors), in order to avoid the application of the proper law. "Avoidance of the law" (supra), on the other hand is the acceptable arrangement of connecting factors for a legitimate purpose, for example in an agreement, usually between two equal bargaining parties, in order to select an appropriate applicable law or jurisdiction.
Evidence
Proof of fact(s) presented at a trial. The best and most common method is by oral testimony; where you have an eye-witness swear to tell the truth and to then relate to the court (or jury) their experience. Evidence is essential in convincing the judge or jury of your facts as the judge (or jury) is expected to start off with a blank slate; no preconceived idea or knowledge of the facts. So it is up to the opposing parties to prove (by providing evidence), to the satisfaction of the court (or jury), the facts needed to support their case. Besides oral testimony, an object can be deposited with the court (eg. a signed contract). This is sometimes called "real evidence." In other rarer cases, evidence can be circumstantial.
Evidence, conclusive
That which, while uncontradicted, satisfies the judge and jury it is also that which cannot be contradicted.
Evidence, direct
That which applies immediately to the fadum probandum, without any intervening process.
Evidence, extrinsic
External evidence, or that which is not contained in the body of an agreement, contract, and the like.
Evocation
Ewage
A toll paid for water passage. Cowell. The same as aquagium.
Ex aequo et bono
In equity and good conscience. A man is bound to pay money which ex aequo et bono he holds for the use of another
Ex cathedra
(United Kingdom) With official authority.
Ex concessis
(United Kingdom) In view of what has already been accepted.
Ex contractu
This term is applied to such things as arise from a contract; as an action which arises ex contractu.
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This dictionary contains 8526 terms.
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