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| This dictionary contains: 8526 juridical terms |
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Extinction of a thing
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Extinction of a thingWhen a thing which is the subject of a contract has been destroyed, the contract is of course rescinded as, for example, if Paul sell his horse Napoleon to Peter, and promises to deliver him to the buyer in ten days, and in the mean time the horse dies, the contract is rescinded, as it is impossible to deliver a thing which is not in esse; but if Paul engage to deliver a horse to Peter in ten days, and, for the purpose of fulfilling his contract, he buys a horse and it die, this is no cause for rescinding the contract, because he can buy another and complete it afterwards. When the subject of the contract is an individual, and not generally one of a species, the contract may be rescinded; when it is one of a species which has been destroyed, then, it may still be completed, and it will be enforced.
RELATED TERMS--------------------------------------
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.
Subject
1) Contracts. The thing which is the object of an agreement. This term is used in the laws of Scotland. 2) Persons, government. An individual member of a nation, who is subject to the laws; this term is used in contradistiction to citizen, which is applied to the same individual when considering his political rights.
Contract
A negotiated oral or written agreement setting forth the terms for an exchange of value between parties (which may be individuals or companies) and under which each party promises to perform an obligation. Certain terms, such as the obligations to be performed and the terms for setting price or compensation must be mutually understood, known in legal lingo as a "meeting of the minds," and promised to by the parties to form a legal contract.
Course
The direction in which a line runs in surveying.
Example
An example is a case put to illustrate a. principle.
Horse
Until a horse has attained the age of four years, he is called a colt. This word is sometimes used as a generic name for all animals of the horse kind
Promises
Evidence. When a defendant has been arrested, he is frequently in duced to make confessions in consequence of promises made to him, that if he will tell the truth, he will be either discharged or favored: in such a case evidence of the confession cannot be received, because being obtained by the flattery of hope, it comes in so questionable a shape, when it is to be considered evidence of guilt, that no credit ought to be given to it. This is the principle, but what amounts to a promise is not so easily defined.
Buyer
Contracts. A purchaser; a vendee.
Mean
This word is sometimes used for mesne.
Time
Contracts, evidence, practice. The measure of duration., It is divided into years, months. days, hours, minutes, and seconds. It is also divided into day and night. 2) Pleading. The avertment of time is generally necessary in pleading; the rules are different, in different actions.
Dies
A day. There are four sorts of days: 1) A natural day; as, the morning and the evening made the first day. 2) An artificial day; that is, from day-break until twilight in the evening. 3) An astrological day, dies astrologicus, from sun to sun. 4) A legal day, which is dies juridicus, and dies non juridicus.
Cause
1) Civil law. It signifies the delivery of the thing, or the accomplishment of the act which is the object of a convention. 2) It is the consideration or motive for making a contract. 3) Pleading. The reason; the motive. 4) Practice. A contested question before a court of justice; it is a Suit or action.
Will
A will is a legal document in which a person directs how his property is to be distributed after his death. Such documents must be executed in due form and must be duly witnessed.
SIMILAR TERMS--------------------------------------
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Extension
Common law. This term is applied among merchants to signify an agreement made between a debtor and his creditors, by which the latter, in order to enable the former, embarrassed in his circumstances, to retrieve his standing, agree to wait for a definite length of time after their several claims should become due and payable, before they will demand payment.
Extent in aid
English practice. An exchequer process, formerly much used, and now liable to be abused;
Extent in chief
English practice. An execution issuing out of the exchequer at the suit 'of the crown. It is a mere "fiscal writ.
Extenuation
That which renders a crime or tort less heinous than it would be without it: it is opposed to aggravation.
Exterritoriality
This term is used by French jurists to signify the immunity of certain persons, who, although in the state, are not amenable to its laws; foreign sovereigns, ambassadors, ministers plenipotentiary, and ministers from a foreign power, are of this class.
Extinction of a thing
Extorsively
A technical word used in indictments for extortion. In North Carolina, it seems, the crime of extortion may be charged without using this word.
Extortion
Crimes. In a large sense it, signifies any oppression, under color of right: but in a more strict sense it means the unlawful taking by any officer, by color of his office, of any money or thing of value that is not due to him, or more than is due, or before it is due.
Extra viam
Out of the way. When, in an action of trespass, the defendant pleads a right of way, the defendant may reply extra viam, that the trespass was committed beyond the way, or make a new assignment.
Extract
A part of a writing. In general this is not evidence, because the whole of the writing may explain the part extracted, so as to give it a different sense; but sometimes extracts from public books are evidence, as the extracts from the registers of births, marriages and burials, kept according to law, when the whole of the matter has been extracted which relates to the cause or matter in issue.
Extradition
The arrest and delivery of a fugitive wanted for a crime committed in another country, usually under the terms of a extradition treaty.
RELATED TERMS--------------------------------------
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.
Subject
1) Contracts. The thing which is the object of an agreement. This term is used in the laws of Scotland. 2) Persons, government. An individual member of a nation, who is subject to the laws; this term is used in contradistiction to citizen, which is applied to the same individual when considering his political rights.
Contract
A negotiated oral or written agreement setting forth the terms for an exchange of value between parties (which may be individuals or companies) and under which each party promises to perform an obligation. Certain terms, such as the obligations to be performed and the terms for setting price or compensation must be mutually understood, known in legal lingo as a "meeting of the minds," and promised to by the parties to form a legal contract.
Course
The direction in which a line runs in surveying.
Example
An example is a case put to illustrate a. principle.
Horse
Until a horse has attained the age of four years, he is called a colt. This word is sometimes used as a generic name for all animals of the horse kind
Promises
Evidence. When a defendant has been arrested, he is frequently in duced to make confessions in consequence of promises made to him, that if he will tell the truth, he will be either discharged or favored: in such a case evidence of the confession cannot be received, because being obtained by the flattery of hope, it comes in so questionable a shape, when it is to be considered evidence of guilt, that no credit ought to be given to it. This is the principle, but what amounts to a promise is not so easily defined.
Buyer
Contracts. A purchaser; a vendee.
Mean
This word is sometimes used for mesne.
Time
Contracts, evidence, practice. The measure of duration., It is divided into years, months. days, hours, minutes, and seconds. It is also divided into day and night. 2) Pleading. The avertment of time is generally necessary in pleading; the rules are different, in different actions.
Dies
A day. There are four sorts of days: 1) A natural day; as, the morning and the evening made the first day. 2) An artificial day; that is, from day-break until twilight in the evening. 3) An astrological day, dies astrologicus, from sun to sun. 4) A legal day, which is dies juridicus, and dies non juridicus.
Cause
1) Civil law. It signifies the delivery of the thing, or the accomplishment of the act which is the object of a convention. 2) It is the consideration or motive for making a contract. 3) Pleading. The reason; the motive. 4) Practice. A contested question before a court of justice; it is a Suit or action.
Will
A will is a legal document in which a person directs how his property is to be distributed after his death. Such documents must be executed in due form and must be duly witnessed.
SIMILAR TERMS--------------------------------------
PREVIOUS AND NEXT TERMS--------------------------------------
Extension
Common law. This term is applied among merchants to signify an agreement made between a debtor and his creditors, by which the latter, in order to enable the former, embarrassed in his circumstances, to retrieve his standing, agree to wait for a definite length of time after their several claims should become due and payable, before they will demand payment.
Extent in aid
English practice. An exchequer process, formerly much used, and now liable to be abused;
Extent in chief
English practice. An execution issuing out of the exchequer at the suit 'of the crown. It is a mere "fiscal writ.
Extenuation
That which renders a crime or tort less heinous than it would be without it: it is opposed to aggravation.
Exterritoriality
This term is used by French jurists to signify the immunity of certain persons, who, although in the state, are not amenable to its laws; foreign sovereigns, ambassadors, ministers plenipotentiary, and ministers from a foreign power, are of this class.
Extinction of a thing
Extorsively
A technical word used in indictments for extortion. In North Carolina, it seems, the crime of extortion may be charged without using this word.
Extortion
Crimes. In a large sense it, signifies any oppression, under color of right: but in a more strict sense it means the unlawful taking by any officer, by color of his office, of any money or thing of value that is not due to him, or more than is due, or before it is due.
Extra viam
Out of the way. When, in an action of trespass, the defendant pleads a right of way, the defendant may reply extra viam, that the trespass was committed beyond the way, or make a new assignment.
Extract
A part of a writing. In general this is not evidence, because the whole of the writing may explain the part extracted, so as to give it a different sense; but sometimes extracts from public books are evidence, as the extracts from the registers of births, marriages and burials, kept according to law, when the whole of the matter has been extracted which relates to the cause or matter in issue.
Extradition
The arrest and delivery of a fugitive wanted for a crime committed in another country, usually under the terms of a extradition treaty.
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This dictionary contains 8526 terms.
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