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| This dictionary contains: 8526 juridical terms |
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Executory process
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Executory processVia 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.
RELATED TERMS--------------------------------------
Louisiana
The name of one of the new states of the United States of America. This state was admitted into the Union by the act of congress, entitled "An act for the admission of the state of Louisiana into the Union, and to extend the laws of the United States to the said state," approved April 8, 1812.
Process
1) Practice. So denominated because it proceeds or issues forth in order to bring the defendant into court, to answer the charge preferred against him, and signifies the writ or judicial means by which he is brought to answer. 2) Rights. The means or method of accomplishing a thing.
Cases
General term for an action, cause, suit, or controversy, at law or in equity; questions contested before a court of justice.
When
1) At which time, in wills, standing by itself unqualified and unexplained, this is a word of condition denoting the time at which the gift is to continence. 2) The context of a will may show that the word when is to be applied to the possession only, not to the vesting of a legacy; but to justify this construction, there must be circumstances, or other expressions in the will, showing such to have been the testator's intent.
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.
Confession
A statement made by a person suspected or charged with a crime, that he (or she) did, in fact, commit that crime.
Judgment
Practice. The decision or sentence of the law, given by a court of justice or other competent tribunal, as the result of proceedings instituted therein, for the redress of an injury.
Privilege
1) Civil law. A right which the nature of a debt gives to a creditor, and which entitles him to be preferred before other creditors. 2) Maritime law. An allowance to the master of a ship of the general nature with primage, being compensation or rather a gratuity customary in certain trades, and which the law assumes to be a fair and equitable allowance, because the contract on both sides is made under the knowledge such usage by the parties. 3) Rights. This word, taken its active sense, is a particular law, or a particular disposition of the law, which grants certain special prerogatives to some persons, contrary to common right. In its passive sense, it is the same prerogative granted by the same particular law.
Mortgage
A legal instrument that creates a lien upon real estate securing the payment of a specific debt.
Favor
Bias partiality; lenity; prejudice.
Creditor
Creditor or obligee. Contracts. The person in favor of whom some obliga- tion is contracted, whether such obligation be to pay money, or to do, or not to do something.
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.
Tribunal
An assembly (including one or more judges) to conduct judicial business.
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.
SIMILAR TERMS--------------------------------------
Execute
To complete; to sign; to carry out according to its terms.
Executio non
These 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.
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.
Executrix
A woman who has been appointed by. will to execute such will or testament.
PREVIOUS AND NEXT TERMS--------------------------------------
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
Executrix
A woman who has been appointed by. will to execute such will or testament.
Exemplification
Evidence. A perfect copy of a record, or office book lawfull kept, so far as relates to the matter in question.
Exempt property
All the property of a debtor which is not attachable under the Bankruptcy Code or the state statute.
Exemption
A privilege which dispenses with the general rule; clergymen are exempt from serving on juries. Exemptions are generally allowed, not for the benefit of the individual, but for some public advantage.
Exempts
Persons who are not bound by law, but excused from the performance of duties imposed upon others.
RELATED TERMS--------------------------------------
Louisiana
The name of one of the new states of the United States of America. This state was admitted into the Union by the act of congress, entitled "An act for the admission of the state of Louisiana into the Union, and to extend the laws of the United States to the said state," approved April 8, 1812.
Process
1) Practice. So denominated because it proceeds or issues forth in order to bring the defendant into court, to answer the charge preferred against him, and signifies the writ or judicial means by which he is brought to answer. 2) Rights. The means or method of accomplishing a thing.
Cases
General term for an action, cause, suit, or controversy, at law or in equity; questions contested before a court of justice.
When
1) At which time, in wills, standing by itself unqualified and unexplained, this is a word of condition denoting the time at which the gift is to continence. 2) The context of a will may show that the word when is to be applied to the possession only, not to the vesting of a legacy; but to justify this construction, there must be circumstances, or other expressions in the will, showing such to have been the testator's intent.
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.
Confession
A statement made by a person suspected or charged with a crime, that he (or she) did, in fact, commit that crime.
Judgment
Practice. The decision or sentence of the law, given by a court of justice or other competent tribunal, as the result of proceedings instituted therein, for the redress of an injury.
Privilege
1) Civil law. A right which the nature of a debt gives to a creditor, and which entitles him to be preferred before other creditors. 2) Maritime law. An allowance to the master of a ship of the general nature with primage, being compensation or rather a gratuity customary in certain trades, and which the law assumes to be a fair and equitable allowance, because the contract on both sides is made under the knowledge such usage by the parties. 3) Rights. This word, taken its active sense, is a particular law, or a particular disposition of the law, which grants certain special prerogatives to some persons, contrary to common right. In its passive sense, it is the same prerogative granted by the same particular law.
Mortgage
A legal instrument that creates a lien upon real estate securing the payment of a specific debt.
Favor
Bias partiality; lenity; prejudice.
Creditor
Creditor or obligee. Contracts. The person in favor of whom some obliga- tion is contracted, whether such obligation be to pay money, or to do, or not to do something.
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.
Tribunal
An assembly (including one or more judges) to conduct judicial business.
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.
SIMILAR TERMS--------------------------------------
Execute
To complete; to sign; to carry out according to its terms.
Executio non
These 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.
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.
Executrix
A woman who has been appointed by. will to execute such will or testament.
PREVIOUS AND NEXT TERMS--------------------------------------
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
Executrix
A woman who has been appointed by. will to execute such will or testament.
Exemplification
Evidence. A perfect copy of a record, or office book lawfull kept, so far as relates to the matter in question.
Exempt property
All the property of a debtor which is not attachable under the Bankruptcy Code or the state statute.
Exemption
A privilege which dispenses with the general rule; clergymen are exempt from serving on juries. Exemptions are generally allowed, not for the benefit of the individual, but for some public advantage.
Exempts
Persons who are not bound by law, but excused from the performance of duties imposed upon others.
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This dictionary contains 8526 terms.
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