Juridical Dictionary

This dictionary contains:
8526
juridical terms

Jurisdiction clause




Jurisdiction clause

That part of a bill in chancery which is intended to give jnrisdiction of the suit to, the court, by a general averment that the' acts complained of are contrary to equity, and tend to the injury of the plaintiff, and that. he has no remedy, or not a complete remedy, without the assistance of a court of equity, is called the jurisdiction clause.

RELATED TERMS
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Bill
1) Legislation. An instrument drawn or presented by a member or committee to a legislative body for its approbation and enactment. After it has gone through both houses and received the constitutional sanction of the chief magistrate, where such approbation is requisite, it becomes a law. 2) Merchant law. An account containing the items of goods sold, or of work done by one person against another. 3) Contracts. A bill or obligation, is a deed whereby the obligor acknowledges himself to owe unto the obligee a certain sum of money or some other thing, in which, besides the names of the parties, are to be considered the sum or thing due, the time, place, and manner of payment or delivery thereof. It may be indented, or poll, and with or without a penalty.

Suit
An action. The word suit in the 25th section of the judiciary act of 1789, applies to any proceeding in a court of justice, in which the plaintiff pursues, in such court, the remedy which the law affords him. An application for a prohibition is therefore a suit.

Court
A body in government to which the administration of justice is delegated.

General
1) A principal officer, particularly in the army. 2) Something opposed to special; as, a general verdict, the general issue, which expressions are used in contradistinction to special verdict, special issue. 3) Principal, as the general post office. 4) Not select, as a general ship. 5) Not particular, as a general custom. 5) Not limited, as general jurisdiction. 7) This word is sometimes annexed or prefixed to other words to express or limit the extent of their signification; as Attorney General, Solicitor General, the General Assembly.

Averment
French averer, to affirm as true: Latin ad, to; verum, truth. A positive statement of the truth of a fact; a formal allegation in pleading.

Equity
A branch of English law which developed hundreds of years ago when litigants would go to the King and complain of harsh or inflexible rules of common law which prevented "justice" from prevailing. For example, strict common law rules would not recognize unjust enrichment, which was a legal relief developed by the equity courts. The typical Court of Equity decision would prevent a person from enforcing a common law court judgment. The kings delegated this special judicial review power over common law court rulings to chancellors. A new branch of law developed known as "equity", with their decisions eventually gaining precedence over those of the common law courts. A whole set of equity law principles were developed based on the predominant "fairness" characteristic of equity such as "equity will not suffer a wrong to be without a remedy" or "he who comes to equity must come with clean hands".

Injury
Any legal harm, wrong or damage done to a person's body, property, rights or reputation, and that the law recognizes as deserving of redress.

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.

Remedy
The means employed to enforce a right or redress an injury.

Without
Pleading. This word is adopted in formal traverses, and is a negative signifying "and not for;" accordingly the language of the elder entries sometimes is, It et nemy pur tiel cause.

Assistance
A French term, reflecting the civilian equivalent of salvage, based on the Roman law concept of negotiorum gestio (management of the business of another), whereby the "assistant" is remunerated for his efforts to save ship and cargo, regardless of whether or not those efforts are successful. In French internal law, "assistance", referring to salvage of a ship, cargo, and/or persons in peril at sea, is distinguished from "sauvetage".

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.

Clause
Contracts. A particular disposition which makes part of a treaty; of an act of the legislature; of a deed, written agreement, or other written contract or will.



SIMILAR TERMS
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Juridical
Signifies used in courts of law; done in conformity to the laws of the country, and the practice which is there observed.

Juridical days
Dies juridici. Days in court on which the law is administered.

Juris Doctor
Juris Doctor refers to the law degree granted upon graduation by many university law schools with accepted high standards of admission and grading.

Juris et de jure
A phrase employed to denote conclusive presumptions of law, which cannot be rebutted by evidence. The words signify of law and from law.

Jurisconsult
One well versed in jurisprudence; a jurist: one whose profession it is to give counsel on questions of law.

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.

Jurisprudence
Formal study of the principles on which legal rules are based and the means by which judges guide their decision making.

Jurisprudential
Jurisprudential refers to the science/philosophy of law or a system of laws.

Jurist
One well versed in the science of the law. The term i's usually applied to students and practitioners of law.



PREVIOUS AND NEXT TERMS
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Juridical
Signifies used in courts of law; done in conformity to the laws of the country, and the practice which is there observed.

Juridical days
Dies juridici. Days in court on which the law is administered.

Juris et de jure
A phrase employed to denote conclusive presumptions of law, which cannot be rebutted by evidence. The words signify of law and from law.

Jurisconsult
One well versed in jurisprudence; a jurist: one whose profession it is to give counsel on questions of law.

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.

Jurisdiction clause

Jurist
One well versed in the science of the law. The term i's usually applied to students and practitioners of law.

Juror
Practice. From juro, to swear; a man who is sworn or affirmed to serve on a jury.

Jury box
A place set apart for the jury to sit in during the trial of a cause.

Jury list
A paper containing the names of jurors impanneled to try a cause, or it contains the names of all the jurors summoned to attend court.

Jus
Law or right. This term is applied in many modern phrases. It is also used to signify equity.

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This dictionary contains 8526 terms.







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