![]() |
||||||||||||||||
|
||||||||||||||||
|
Latent
LatentConstruction. That which is concealed; or which does not appear; for example, if a testator bequeaths to his cousin Peter his white horse; and at the time of making his will and at his death he had two cousins named Peter, and he owned two white horses, the ambiguity in this case would be latent, both as respects the legatee, and the thing bequeathed. A latent ambiguity can only be made to appear by parol evidence, and may be explained by the same kind of proof. RELATED TERMS-------------------------------------- Construction The legal process of interpreting a phrase or document; of trying to find it's meaning. Whether it be a contract or a statute, there are times when a phrase may be unclear or of several meanings. Then, either lawyers or judges must attempt to interpret or "construct" the probable aim and purpose of the phrase, by extrapolating from other parts of the document or, in the case of statutes, referring to a interpretation law which gives legal construction guidelines. Generally, there are two types of construction methods: literal (strict) or liberal. Example An example is a case put to illustrate a. principle. Testator One who has made a testament or will. Cousin Domest. rel. Cousins are kindred who are the issue of two brothers or two sisters, or of a brother and a sister. Those who descend from the brother or sister of the father of the person spoken of are called patternal cousins; maternal cousins are those who are descended from the brothers or sisters of the mother. 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 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. 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. Death Cessation of life; extinction of political existence. Case 1) Practice. A contested question before a court of justicea suit or action a cause. 2) An agreement in writing, between a plaintiff and defendant, that the facts in dispute between them are as there agreed upon and mentioned Latent Construction. That which is concealed; or which does not appear; for example, if a testator bequeaths to his cousin Peter his white horse; and at the time of making his will and at his death he had two cousins named Peter, and he owned two white horses, the ambiguity in this case would be latent, both as respects the legatee, and the thing bequeathed. A latent ambiguity can only be made to appear by parol evidence, and may be explained by the same kind of proof. Legatee A legatee is a person to whom a legacy is given by a last will and testament. Parol More properly parole. A French word, which means literally, word or speech. It is used to distinguish contracts which are made verbally or in writing not under seal, which are called, parol. contracts, from those which are under seal which bear the name of deeds or specialties Evidence Proof of fact(s) presented at a trial. The best and most common method is by oral testimony; where you have an eye-witness swear to tell the truth and to then relate to the court (or jury) their experience. Evidence is essential in convincing the judge or jury of your facts as the judge (or jury) is expected to start off with a blank slate; no preconceived idea or knowledge of the facts. So it is up to the opposing parties to prove (by providing evidence), to the satisfaction of the court (or jury), the facts needed to support their case. Besides oral testimony, an object can be deposited with the court (eg. a signed contract). This is sometimes called "real evidence." In other rarer cases, evidence can be circumstantial. Proof Practice. The conviction or persuasion of the mind of a judge or jury, by the exhibition of evidence, of the reality of a fact alleged: as, to prove, is to determine or persuade that a thing does or does not exist. SIMILAR TERMS-------------------------------------- PREVIOUS AND NEXT TERMS-------------------------------------- Large Broad; extensive; unconfined. The opposite of strict, narrow, or confined. At large, at liberty Las partidas The name of a code of Spanish law; sometimes called las siete partidas, or the seven parts, from the number of its principal divisions. It is a compilation from the civil law, the customary law of Spain, and the canon law. Such of its provisions is are applicable are in force in Louisiana, Florida, and Texas. Lascivious carriage Law of Connecticut. An offence, ill defined, created by statute, which enacts that every person who shall be guilty of lascivious carriage and behaviour, and shall be thereof duly convicted, shall be punished by fine, not exceeding ten dollars, or by imprisonment in a common gaol, not exceeding two months, or by fine and imprisonment, or both, at the discretion of the court. This law was passed at a very early period. Though indefinite in its terms, it has received a construction so limiting it, that it may be said to punish those wanton acts between persons of different sexes, who are not married to each other, that flow from the exercise of lustful passions, and which are not otherwise punished as crimes against chastity and public decency. Last resort A court of last resort, is one which decides, definitely, without appeal or writ of error, or any other examination whatever, a suit or action, or some other matter, which has been submitted to its judgment, and over which it has jurisdiction. Last sickness That of which a person died. The expenses of this sickness are generally entitled to a preference, in payment of debts of an insolvent estate. Latent Latitat English law. He lies hid. The name of a writ calling a defendant to answer to a personal action in the king's bench; it derives its name from a supposition that the defendant lurks and lies hid, and cannot be found in the county of Middlesex, (in which the said court is holden,) to be taken there, but is gone into some other county, and therefore requiring the sheriff to apprehend him in such other county. Launches Small vessels employed to carry the cargo of a large one to and from the shore; lighters. Law blank A printed legal form available for preparing documents. Law canon The canon law is a body of Roman ecclesiastical law, relative to such matters as that church either has or pretends to have the proper jurisdiction over: Law civil The term civil law is generally applied by way of eminence to the civil or municipal law of the Roman empire, without distinction as to the time when the principles of such law were established or modified. In another sense, the civil law is that collection of laws comprised in the institutes, the code, and the digest of the emperor Justinian, and the novel constitutions of himself and some of his successors. We thank you for using the Juridical Dictionary to search for Latent. If you have a better definition for Latent than the one presented here, please let us know by making use of the suggest a term option. This definition of Latent may be disputed by other professionals. Our attempt is to provide easy definitions on Latent and any other medical topic for the public at large.
|
|||||||||||||||
| © Juridical Dictionary 2005. All rights reserved. | ||||||||||||||||
| atent / ltent / laent / latnt / latet / laten / llatent / laatent / lattent / lateent / latennt / latentt / oatent / patent / ;atent / .atent / ,atent / katent / iatent / lqtent / lwtent / lstent / lxtent / lztent / la5ent / la6ent / layent / lahent / lagent / lafent / larent / la4ent / lat3nt / lat4nt / latrnt / latfnt / latdnt / latsnt / latwnt / latebt / lateht / latejt / latemt / late t / laten5 / laten6 / lateny / latenh / lateng / latenf / latenr / laten4 / | ||||||||||||||||