Juridical Dictionary

This dictionary contains:
8526
juridical terms

Ex delicto




Ex delicto

Those actions which arise in consequence of a crime, misdemeanor, fault, or tort; actions arising ex delicto are case, replevin, trespass, trover.

RELATED TERMS
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Crime
An act or omission which is prohibited by criminal law. Each state sets out a limited series of acts (crimes) which are prohibited and punishes the commission of these acts by a fine, imprisonment or some other form of punishment. In exceptional cases, an omission to act can constitute a crime, such as failing to give assistance to a person in peril or failing to report a case of child abuse.

Misdemeanor
In most US states, a crime less serious than a felony for which the maximum sentence is usually not more than one year in a county jail. A sentence usually involves probation, jail time, a fine, or a combination of any or all of these three. Except in certain specific instances, persons convicted of a misdemeanor cannot be sentenced to prison.

Fault
Contracts, Civil law. An improper act or omission, which arises from ignorance, carelessness, or negligence. The act or omission must not have been meditated, and must have caused some injury to another.

Tort
An injury; a wrong; hence the expression an executor de son tort, of his own wrong.

Case
1) Practice. A contested question before a court of justicea suit or action a cause. 2) An agreement in writing, between a plaintiff and defendant, that the facts in dispute between them are as there agreed upon and mentioned

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

Trespass
Torts. An unlawful act committed with violence, ti et armis, to the person, property or relative rights of another. Every felony includes a tres-pass, in common parlance, such acts are not in general considered as tres-passes, yet they subject the offender to an action of trespass after his conviction or acquittal. 2) Remedies. The name of an action, instituted for the recovery of damages, for a wrong committed against the plaintiff, with immediate force; as an assault and battery against the person; an unlawful entry into his, land, and an unlawful injury with direct force to his personal property. It does not lie for a mere non-feasance, nor when the matter affected was not tangible.

Trover
Remedies. Trover signifies finding. The remedy is called an action of trover; it is brought to recover the value of personal chattels, wrongfully converted by another to his own use; the form supposed that the defendant might have acquired the possession of the property lawfully, namely, by finding, but if he did not, by bringing the action the plaintiff waives the trespass; no damages can therefore be recovered for the taking, all must be for the conversion.



SIMILAR TERMS
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Ex dolo malo
Out of fraud or deceit.



PREVIOUS AND NEXT TERMS
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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.

Ex delicto

Ex dolo malo
Out of fraud or deceit.

Ex facie
(United Kingdom) On the fact of it.

Ex facto jus oritur
Out of the fact the law arises: the law attaches to facts.

Ex gratia
(United Kingdom) Out of kindness, voluntary.

Ex mero motu
Mere motion of a party's own free will.

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This dictionary contains 8526 terms.







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