Juridical Dictionary

This dictionary contains:
8526
juridical terms

Issue




Issue

1) Kindred. This term is of very extensive import, in its most enlarged signification, and includes all persons who have descended from a common ancestor. But when this word is used in a will, in order to give effect to the testator's intention it will be construed in a more restricted sense than its legal import conveys. 2) Pleading. An issue, in pleading, is defined to be a single, certain and material point issuing out of the allegations of the parties, and consisting, regularly, of an affirmative and negative. In common parlance, issue also signifies the entry of the pleadings.

RELATED TERMS
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Kindred
Relations by blood. Nature has divided the kindred of every one into three principal classes: 1. His children, and their descendants. 2. His father, mother, and other ascendants. 3. His collateral relations; which include, in the first place, his brothers and sisters, and their descendants and, secondly, his uncles, cousins, and other relations of either sex, who have not descended from a brother or sister of the deceased. All kindred then are descendants, ascendants, or collaterals. A hushand or wife of the deceased, therefore, is not his or her kindred.

Term
1) Construction. Word; expression speech. 2) Contracts. This word is used in the civil, law to denote the space of time granted to the debtor for discharging his obligation; there are express terms resulting from the positive stipulations of the agreement; as, where one undertakes to pay a certain sum on a certain day and also terms which tacitly result from the nature of the things which are the object of the engagement, or from the place where the act is agreed to be done. For instance, if a builder engage to construct a house for me, I must allow a reasonable time for fulfilling his engagement. 3) Estates. The limitation of an estate, as a term for years, for life, and the like. The word term does not merely signify the time specified in the lease, but the estate also and interest that passes by that lease; and therefore the term may expire during the continuance of the time, as by surrender, forfeiture and the like. 4) Practice. The space of time during which a court holds a session; sometimes the term is a monthly, at others it is a quarterly period, according to the constitution of the court.

Signification
French law. The notice given of a decree, sentence or other judicial act.

Common
marriage law. a marriage in which no formal ceremony took place and no license exists.

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.

Word
Construction. One or more syllables which when united convey an idea a single part of speech.

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.

Order
An instruction rightfully given by someone superior in hyerarchy. Also, a social state of civil coexistance without widespread public violence.

Effect
The operation of a law, of an agreement, or an act, is called its effect.

Intention
A design, resolve, or determination of the mind.

Legal
That which is according to law. It is used in opposition to equitable, as the legal estate is, in the trustee, the equitable estate in the cestui que trust.

Pleading
Practice. The statement in a logical, and legal form, of the facts which constitute the plaintiff's cause of action, or the defendant's ground of defence; it is the formal mode of alleging that on the record, which would be the support, or the defence of the party in evidence.

Issue
1) Kindred. This term is of very extensive import, in its most enlarged signification, and includes all persons who have descended from a common ancestor. But when this word is used in a will, in order to give effect to the testator's intention it will be construed in a more restricted sense than its legal import conveys. 2) Pleading. An issue, in pleading, is defined to be a single, certain and material point issuing out of the allegations of the parties, and consisting, regularly, of an affirmative and negative. In common parlance, issue also signifies the entry of the pleadings.

Single
By itself, unconnected.

Point
Practice. A proposition or question arising in a case.

Allegations
The claims that are made against the other spouse in the lawsuit (action).

Parties
Contracts. Those persons who engage themselves to do, or not to do the matters and things contained in an agreement.

Affirmative
Averring a fact to be true; that which is opposed to negative.

Negative
This word has several significations: 1) It is used in contradistinction to giving assent; thus we say the president has put his negative upon such a bill. 2. It is also used in contradistinction to affirmative; as, a negative does not always admit of the simple and direct proof of which an affirmative is capable. When a party affirms a negative in his pleadings, and without the establishment of which, by evidence, he cannot recover or defend himself, the burden of the proof lies upon him, and he must prove the negative.

Entry
1) Criminal law. The unlawful breaking into a house, in order to commit a crime. 2) Estates, rights. The taking possession of lands by the legal owner. 3) Commercial law. The act of setting down the particulars of a sale, or other transaction, in a merchant's or tradesman's accouut books; such entries are, in general, prima facie evidence of the sale and delivery, and of work, done.

Pleadings
That part of a party's case in which he or she formally sets out the facts and legal arguments which support that party's position. Pleadings can be in writing or they can be made verbally to a court, during the trial.



SIMILAR TERMS
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Issuable
Practice. Leading or tending to an issue. An issuable plea is one upon which the plaintiff can take issue and proceed to trial.

Issue of failure
When there is a want of issue to take an estate limited over by an executory devise

Issue roll
English law. The name of a record which contains an entry of the term of which the demurrer book, issue or paper book is entitled, and the, warrants of attorney supposed to have been given by the parties at the commencement of the cause, and then proceeds with the transcript of the declaration and subsequent pleadings, continuances, and award of the mode of the decision as contained in the demurrer, issue or paper book. After final judgment, the issue roll is no longer called by that name, but assumes that of judgment roll.

Issued shares
Shares may be issued by the company to shareholders in return for cash or other value equal to or greater than its nominal value. The authorised share capital shows the number and nominal value of shares that are available to be issued. The issued share capital refers to shares that have been allotted and issued and held by shareholders. Not all of the authorised share capital needs to be issued. When shares are issued the person subscribing must pay cash or equivalent value of at least the nominal amount. Where the share is worth more than its nominal amount the excess is treated as a share premium.

Issues
English law. The goods and profits of the lands of a defendant against whom a writ of distringas or distress infinite has been issued, taken by virtue of such writ, are called issues.



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Irritancy
In Scotland, it is the happening of a condition or event by which a charter, contract or other deed, to which a clause irritant is annexed, becomes void. Irritancy is a kind of forfeiture.

Islamic law
The law according to the Muslim faith and as interpreted from the Koran. Islamic law is probably best known for deterrent punishment, which is the basis of the Islamic criminal system and the fact that there is no separation of church and state. Under Islamic law, the religion of Islam and the government are one. Islamic law is controlled, ruled and regulated by the Islamic religion. Islamic law purports to regulate all public and private behavior including personal hygiene, diet, sexual conduct, and child rearing. Islamic law now prevails in countries all over the middle east and elsewhere covering twenty per cent of the world's population.

Island
A piece of land surrounded by water. Islands are in the sea or in rivers. Those in the sea are either in the open sea, or within the boundary of some country.

Issint
This is a Norman French word which signifies thus, so. It has given the name to a part of a plea, because when pleas were in that language this word was used. In actions founded on deeds, the defendant may, instead of pleading non est factum in the common form, allege any special matter which admits the execution of the writing in question, but which, nevertheless, shows that it is not in law his deed; and may conclude with and so it is not his deed.

Issuable
Practice. Leading or tending to an issue. An issuable plea is one upon which the plaintiff can take issue and proceed to trial.

Issue

Issue of failure
When there is a want of issue to take an estate limited over by an executory devise

Issue roll
English law. The name of a record which contains an entry of the term of which the demurrer book, issue or paper book is entitled, and the, warrants of attorney supposed to have been given by the parties at the commencement of the cause, and then proceeds with the transcript of the declaration and subsequent pleadings, continuances, and award of the mode of the decision as contained in the demurrer, issue or paper book. After final judgment, the issue roll is no longer called by that name, but assumes that of judgment roll.

Issued shares
Shares may be issued by the company to shareholders in return for cash or other value equal to or greater than its nominal value. The authorised share capital shows the number and nominal value of shares that are available to be issued. The issued share capital refers to shares that have been allotted and issued and held by shareholders. Not all of the authorised share capital needs to be issued. When shares are issued the person subscribing must pay cash or equivalent value of at least the nominal amount. Where the share is worth more than its nominal amount the excess is treated as a share premium.

Issues
English law. The goods and profits of the lands of a defendant against whom a writ of distringas or distress infinite has been issued, taken by virtue of such writ, are called issues.

Isthmus
A tongue or strip of land between two seas.

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This dictionary contains 8526 terms.







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