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| This dictionary contains: 8526 juridical terms |
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Executio non
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Executio nonThese words occur in the stat.in the following connexion: Et...precipiatur vice comiti quod scire faciat parti... quod sit ad certum diem ostensura si quid sciat dicere quare hujustnodi irrotulata vel in fine contenta executionem habere non debeant. This statute is the origin of the scire facias post annum et diem quare executionem non. To a plea in bar to such a writ, the defendant should conclude that the plaintiff ought not to have or maintain his aforesaid execution thereof against him, which is called the executio non, as in other cases by actio non.
RELATED TERMS--------------------------------------
Vice
A term used in the civil law and in Louisiana, by which is meant a defect in a thing; an imperfection. For example, epilepsy in a slave, roaring and crib-biting in a horse, are vices. Redhibitory vices are those for which the seller will be compelled to annul a sale, and take back the thing sold.
Quare
Pleadings. Wherefore. This word is sometimes used in the writ in certain actions, but is inadmissible in a material averment in the pleadings, for it is merely interrogatory and, therefore, when a declaration began with complaining of the defendant, "wherefore with force, &c. he broke and entered" the plaintiff's close, was considered ill.
Fine
"1) A sum of money, which, by judgment of a competent jurisdiction, is required to be paid for the punishment of an offence. 2) The amount paid by the tenant, on his entrance, to the lord. 3) A special kind of conveyance.
Habere
To have. This word is used in composition.
Statute
The written will of the legislature, solemnly expressed according to the forms prescribed in the constitution; an act of the legislature.
Post
After. When two or more alienations or descents have taken place between an original intruder ant or defendant in a writ of entry, the writ is said to be in the post, because it states that the tenant had not entry unless after the ouster of the original intruder.
Non
Not. When prefixed to other words, it is used as a negative as non access, non assumpsit.
Plea
1) Chancery practice. "A plea," says Lord Bacon, speaking of proceedings in courts of equity, "is a foreign matter to discharge or stay the suit." 2) Practice. The defendant's answer by matter of fact, to the plaintiff's declaration.
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).
Defendant
A party who is sued in a personal action.
Plaintiff
The party who begins an action; the party who complains or sues in an action and is named as such in the court's records. Also called a petitioner.
Aforesaid
Before mentioned; already spoken of.
Execution
1) Contracts. The accomplishment of a thing; as the execution of a bond and warrant of attorney, which is the signing, sealing, and delivery of the same. 2) Criminal law. The putting a convict to death, agreeably to law, in pursuance of his sentence.
Cases
General term for an action, cause, suit, or controversy, at law or in equity; questions contested before a court of justice.
Actio
A doing, performing: an action, or right of action.
SIMILAR TERMS--------------------------------------
Execute
To complete; to sign; to carry out according to its terms.
Execution
1) Contracts. The accomplishment of a thing; as the execution of a bond and warrant of attorney, which is the signing, sealing, and delivery of the same. 2) Criminal law. The putting a convict to death, agreeably to law, in pursuance of his sentence.
Execution paree
By the term execution paree, which is used in Louisiana, is meant a right founded on an authentic act; that is, and passed before a notary, by which the creditor may immediately, without citation or summons, seize and cause to be sold, the property of his debtor, out of the proceeds of which to receive his payment.
Executioner
The name given to him who puts criminals to death, according to their sentence; a hangman.
Executive
Government. That power in the government which causes the laws to be executed and obeyed: it is usually. confided to the hands of the chief magistrate; the president of the United States is invested with this authority under the national government; and the governor of each state has the executive power in his hands.
Executor
A person specifically appointed by a testator to administer the will ensuring that final wishes are respected (i.e. that the will is properly "executed"). An executor is a personal representative.
Executory
Whatever may be executed; as an executory sentence or judgment, an executory contract.
Executory contract doctrine
The American general maritime law (infra) principle that no maritime lien arises from the breach of an unexecuted contract. Such a contract gives rise only to an action in personam, and not to an action in rem. For example, no maritime lien arises for breach of a seaman's employment contract unless the seaman has performed some work on board; nor does a lien exist for the supply of necessaries which have not been furnished to the ship.
Executory process
Via executoria. In Louisiana, this is a process which can be resorted to only in two. cases, namely: 1) When the creditor's right arises-from an act importing a confession of judgment, and which contains a privilege or mortgage in his favor. 2) When the creditor demands the execution of a judgment which has been rendered by a tribunal different from that within whose jurisdiction the execution is sought.
Executrix
A woman who has been appointed by. will to execute such will or testament.
PREVIOUS AND NEXT TERMS--------------------------------------
Excommunicatio capiendo, writ of
English ecclesiastical law. A writ issuing out of chancery, founded on a hishop's certificate that the defendant had been excommunicated, which writ is returnable in the king's bench.
Exculpate
Something that excuses or justifies a wrong action.
Excusable homicide
Criminal law. The killing of a human being, when the party killing is not altogether free from blame, but the necessity which renders it excusable, may be said to be partly induce by his own act.
Exeat
Ecclesiastical law. This is a Latin term, which is used to express the written permission which a hishop gives to an ecclesiastic to exercise the functions of his ministry in another diocese.
Execute
To complete; to sign; to carry out according to its terms.
Executio non
Execution
1) Contracts. The accomplishment of a thing; as the execution of a bond and warrant of attorney, which is the signing, sealing, and delivery of the same. 2) Criminal law. The putting a convict to death, agreeably to law, in pursuance of his sentence.
Execution paree
By the term execution paree, which is used in Louisiana, is meant a right founded on an authentic act; that is, and passed before a notary, by which the creditor may immediately, without citation or summons, seize and cause to be sold, the property of his debtor, out of the proceeds of which to receive his payment.
Executioner
The name given to him who puts criminals to death, according to their sentence; a hangman.
Executive
Government. That power in the government which causes the laws to be executed and obeyed: it is usually. confided to the hands of the chief magistrate; the president of the United States is invested with this authority under the national government; and the governor of each state has the executive power in his hands.
Executor
A person specifically appointed by a testator to administer the will ensuring that final wishes are respected (i.e. that the will is properly "executed"). An executor is a personal representative.
RELATED TERMS--------------------------------------
Vice
A term used in the civil law and in Louisiana, by which is meant a defect in a thing; an imperfection. For example, epilepsy in a slave, roaring and crib-biting in a horse, are vices. Redhibitory vices are those for which the seller will be compelled to annul a sale, and take back the thing sold.
Quare
Pleadings. Wherefore. This word is sometimes used in the writ in certain actions, but is inadmissible in a material averment in the pleadings, for it is merely interrogatory and, therefore, when a declaration began with complaining of the defendant, "wherefore with force, &c. he broke and entered" the plaintiff's close, was considered ill.
Fine
"1) A sum of money, which, by judgment of a competent jurisdiction, is required to be paid for the punishment of an offence. 2) The amount paid by the tenant, on his entrance, to the lord. 3) A special kind of conveyance.
Habere
To have. This word is used in composition.
Statute
The written will of the legislature, solemnly expressed according to the forms prescribed in the constitution; an act of the legislature.
Post
After. When two or more alienations or descents have taken place between an original intruder ant or defendant in a writ of entry, the writ is said to be in the post, because it states that the tenant had not entry unless after the ouster of the original intruder.
Non
Not. When prefixed to other words, it is used as a negative as non access, non assumpsit.
Plea
1) Chancery practice. "A plea," says Lord Bacon, speaking of proceedings in courts of equity, "is a foreign matter to discharge or stay the suit." 2) Practice. The defendant's answer by matter of fact, to the plaintiff's declaration.
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).
Defendant
A party who is sued in a personal action.
Plaintiff
The party who begins an action; the party who complains or sues in an action and is named as such in the court's records. Also called a petitioner.
Aforesaid
Before mentioned; already spoken of.
Execution
1) Contracts. The accomplishment of a thing; as the execution of a bond and warrant of attorney, which is the signing, sealing, and delivery of the same. 2) Criminal law. The putting a convict to death, agreeably to law, in pursuance of his sentence.
Cases
General term for an action, cause, suit, or controversy, at law or in equity; questions contested before a court of justice.
Actio
A doing, performing: an action, or right of action.
SIMILAR TERMS--------------------------------------
Execute
To complete; to sign; to carry out according to its terms.
Execution
1) Contracts. The accomplishment of a thing; as the execution of a bond and warrant of attorney, which is the signing, sealing, and delivery of the same. 2) Criminal law. The putting a convict to death, agreeably to law, in pursuance of his sentence.
Execution paree
By the term execution paree, which is used in Louisiana, is meant a right founded on an authentic act; that is, and passed before a notary, by which the creditor may immediately, without citation or summons, seize and cause to be sold, the property of his debtor, out of the proceeds of which to receive his payment.
Executioner
The name given to him who puts criminals to death, according to their sentence; a hangman.
Executive
Government. That power in the government which causes the laws to be executed and obeyed: it is usually. confided to the hands of the chief magistrate; the president of the United States is invested with this authority under the national government; and the governor of each state has the executive power in his hands.
Executor
A person specifically appointed by a testator to administer the will ensuring that final wishes are respected (i.e. that the will is properly "executed"). An executor is a personal representative.
Executory
Whatever may be executed; as an executory sentence or judgment, an executory contract.
Executory contract doctrine
The American general maritime law (infra) principle that no maritime lien arises from the breach of an unexecuted contract. Such a contract gives rise only to an action in personam, and not to an action in rem. For example, no maritime lien arises for breach of a seaman's employment contract unless the seaman has performed some work on board; nor does a lien exist for the supply of necessaries which have not been furnished to the ship.
Executory process
Via executoria. In Louisiana, this is a process which can be resorted to only in two. cases, namely: 1) When the creditor's right arises-from an act importing a confession of judgment, and which contains a privilege or mortgage in his favor. 2) When the creditor demands the execution of a judgment which has been rendered by a tribunal different from that within whose jurisdiction the execution is sought.
Executrix
A woman who has been appointed by. will to execute such will or testament.
PREVIOUS AND NEXT TERMS--------------------------------------
Excommunicatio capiendo, writ of
English ecclesiastical law. A writ issuing out of chancery, founded on a hishop's certificate that the defendant had been excommunicated, which writ is returnable in the king's bench.
Exculpate
Something that excuses or justifies a wrong action.
Excusable homicide
Criminal law. The killing of a human being, when the party killing is not altogether free from blame, but the necessity which renders it excusable, may be said to be partly induce by his own act.
Exeat
Ecclesiastical law. This is a Latin term, which is used to express the written permission which a hishop gives to an ecclesiastic to exercise the functions of his ministry in another diocese.
Execute
To complete; to sign; to carry out according to its terms.
Executio non
Execution
1) Contracts. The accomplishment of a thing; as the execution of a bond and warrant of attorney, which is the signing, sealing, and delivery of the same. 2) Criminal law. The putting a convict to death, agreeably to law, in pursuance of his sentence.
Execution paree
By the term execution paree, which is used in Louisiana, is meant a right founded on an authentic act; that is, and passed before a notary, by which the creditor may immediately, without citation or summons, seize and cause to be sold, the property of his debtor, out of the proceeds of which to receive his payment.
Executioner
The name given to him who puts criminals to death, according to their sentence; a hangman.
Executive
Government. That power in the government which causes the laws to be executed and obeyed: it is usually. confided to the hands of the chief magistrate; the president of the United States is invested with this authority under the national government; and the governor of each state has the executive power in his hands.
Executor
A person specifically appointed by a testator to administer the will ensuring that final wishes are respected (i.e. that the will is properly "executed"). An executor is a personal representative.
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This dictionary contains 8526 terms.
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