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| This dictionary contains: 8526 juridical terms |
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Extra viam
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Extra viamOut 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.
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.
Action
1) French commercial. Stock in a company, shares in a corporation. 2)Civil law. An action instituted to avoid a sale onaccount of some Vice or defect in the thing sold which readers it either absolutely useless, or its use so inconvenient and, imperfect, that it must be, supposed the buyer would not have purchased it, had he known of the vice.
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.
Defendant
A party who is sued in a personal action.
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.
Reply
The response by a party to charges raised in a pleading by the other party.
Assignment
The release by an afdc recipient of all rights to support arrearages owed the recipient and of the right to receive current child support as the result of the receipt of afdc.
SIMILAR TERMS--------------------------------------
Extra-dotal property
In Louisiana this term is used to designate that property which forms no part of the dowry of a woman, and which is also called paraphernal property.
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.
Extrajudicial
That which does not belong to the judge or his jurisdiction, notwithstanding which he takes. cognizance of it. Extrajudicial judgments and acts are absolutely void.
Extraordinary general meeting
Any meeting of the shareholders other than an annual general meeting is known as an Extraordinary General Meeting. The length of notice depends on the nature of the resolutions being put to the meeting.
Extraordinary resolution
A resolution passed by a majority of not less than three-fourths of such members as vote in person or where proxies are allowed, by proxy, at a general meeting of the company of which notice specifying the intention to propose the resolution as an extraordinary resolution has been given. Extraordinary resolutions are required where it is desired to wind up a company voluntarily on the ground that it cannot by reason of its liabilities continue its business, and that it is advisable to wind up; where, in the case of a member`s voluntary winding up, the books and papers of the company and of the liquidators are to be disposed of; and where, in the case of a member`s voluntary winding up, the liquidator wishes to exercise the power to pay any classes of creditors in full and to enter into certain compromises.
Extraordinary writ
A writ, often issued by an appellate court, making available remedies not regularly within the powers of lower courts. They include writs of habeas corpus, mandamus, prohibition and quo warranto
Extravagantes
Canon law. This is the name given to the constitutions of the popes posterior to the Clementines; they are thus called quasi vagantes extra corpus juris, to express that they were out of the canonical law, which at first contained only the decrees of Gratian; afterwards the decretals of Gregory IX., the sexte of Boniface. VIII., the Clementines, and at last the extravagantes were added to it.
Extremis
When a person is sick beyond the hope of recovery, and near death, he is said to be in extremism.
Extrinsic evidence
External evidence, or that which is not contained in the body of an agreement, contract, and the like.
PREVIOUS AND NEXT TERMS--------------------------------------
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
When 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.
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
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.
Extra-dotal property
In Louisiana this term is used to designate that property which forms no part of the dowry of a woman, and which is also called paraphernal property.
Extrajudicial
That which does not belong to the judge or his jurisdiction, notwithstanding which he takes. cognizance of it. Extrajudicial judgments and acts are absolutely void.
Extraordinary general meeting
Any meeting of the shareholders other than an annual general meeting is known as an Extraordinary General Meeting. The length of notice depends on the nature of the resolutions being put to the meeting.
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.
Action
1) French commercial. Stock in a company, shares in a corporation. 2)Civil law. An action instituted to avoid a sale onaccount of some Vice or defect in the thing sold which readers it either absolutely useless, or its use so inconvenient and, imperfect, that it must be, supposed the buyer would not have purchased it, had he known of the vice.
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.
Defendant
A party who is sued in a personal action.
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.
Reply
The response by a party to charges raised in a pleading by the other party.
Assignment
The release by an afdc recipient of all rights to support arrearages owed the recipient and of the right to receive current child support as the result of the receipt of afdc.
SIMILAR TERMS--------------------------------------
Extra-dotal property
In Louisiana this term is used to designate that property which forms no part of the dowry of a woman, and which is also called paraphernal property.
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.
Extrajudicial
That which does not belong to the judge or his jurisdiction, notwithstanding which he takes. cognizance of it. Extrajudicial judgments and acts are absolutely void.
Extraordinary general meeting
Any meeting of the shareholders other than an annual general meeting is known as an Extraordinary General Meeting. The length of notice depends on the nature of the resolutions being put to the meeting.
Extraordinary resolution
A resolution passed by a majority of not less than three-fourths of such members as vote in person or where proxies are allowed, by proxy, at a general meeting of the company of which notice specifying the intention to propose the resolution as an extraordinary resolution has been given. Extraordinary resolutions are required where it is desired to wind up a company voluntarily on the ground that it cannot by reason of its liabilities continue its business, and that it is advisable to wind up; where, in the case of a member`s voluntary winding up, the books and papers of the company and of the liquidators are to be disposed of; and where, in the case of a member`s voluntary winding up, the liquidator wishes to exercise the power to pay any classes of creditors in full and to enter into certain compromises.
Extraordinary writ
A writ, often issued by an appellate court, making available remedies not regularly within the powers of lower courts. They include writs of habeas corpus, mandamus, prohibition and quo warranto
Extravagantes
Canon law. This is the name given to the constitutions of the popes posterior to the Clementines; they are thus called quasi vagantes extra corpus juris, to express that they were out of the canonical law, which at first contained only the decrees of Gratian; afterwards the decretals of Gregory IX., the sexte of Boniface. VIII., the Clementines, and at last the extravagantes were added to it.
Extremis
When a person is sick beyond the hope of recovery, and near death, he is said to be in extremism.
Extrinsic evidence
External evidence, or that which is not contained in the body of an agreement, contract, and the like.
PREVIOUS AND NEXT TERMS--------------------------------------
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
When 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.
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
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.
Extra-dotal property
In Louisiana this term is used to designate that property which forms no part of the dowry of a woman, and which is also called paraphernal property.
Extrajudicial
That which does not belong to the judge or his jurisdiction, notwithstanding which he takes. cognizance of it. Extrajudicial judgments and acts are absolutely void.
Extraordinary general meeting
Any meeting of the shareholders other than an annual general meeting is known as an Extraordinary General Meeting. The length of notice depends on the nature of the resolutions being put to the meeting.
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This dictionary contains 8526 terms.
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