Juridical Dictionary

This dictionary contains:
8526
juridical terms

Law, merchant






Law, merchant

A system of customs acknowledged and taken notice of by all commercial nations; and those customs constitute a part of the general law of the land; and being a part of that law their existence cannot be proved by witnesses, but the judges are bound to take notice of them ex officio.

RELATED TERMS
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Customs
This term is usually applied to those taxes which are payable upon goods and merchandise imported or exported.

Notice
The information given of some act done, or the interpellation by which some act is required to be done. It also signifies, simply, knowledge; as A had notice that B was a slave.

Nations
Nations or states are independent bodies politic; societies of men united together for the purpose of promoting their mutual safety and advantage by the joint efforts of their combined strength.

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.

Witnesses
People who may have information of a Fraud based on observation.

Take
This is a technical expression which signifies to be entitled to; as, a devisee will take under the will. To take also signifies to seize, as to take and carry away.

Officio
EX. By virtue of one's office.



SIMILAR TERMS
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Law, arbitrary
An arbitrary law is one made by the legislator simply because he wills it, and is not founded in the nature of things; such law, for example, as the tariff law, which may be high or low. This term is used in opposition to immutable.

Law, criminal
By criminal law is understood that system of laws which provides for the mode of trial of persons charged with criminal offences, defines crimes, and provides for their punishments.

Law, foreign
By foreign laws are understood the laws of a foreign country. The states of the American Union are for some purposes foreign to each other, and the laws of each are foreign in the others

Law, international
The law of nature applied to the affairs of nations, commonly called the law of nations, jus gentium; is also called by some modern authors international law.

Law, martial
Martial law is a code established for the government of the army and navy of the United States

Law, municipal
Municipal law is defined by Mr. Justice Blackstone to be "a rule of civil conduct prescribed by the supreme power in a state, commanding what is right and prohibiting what is wrong." This definition has been criticised, and has been perhaps, justly considered imperfect. The latter part has been thought superabundant to the first; see Mr. Christian's note; and the first too general and indefinite, and too limited in its signification to convey a just idea of the subject.

Law, penal
One which inflicts a penalty for a violation of its enactment

Law, positive
Positive law, as used in opposition to natural law, may be considered in a threefold point of view. 1.) The universal voluntary law, or those rules which are presumed to be law, by the uniform practice of nations in general, and by the manifest utility of the rules themselves. 2.) The customary law, or that which, from motives of convenience, has, by tacit, but implied agreement, prevailed, not generally indeed among all nations, nor with so permanent a utility as to become a portion of the universal voluntary law, but enough to have acquired a prescriptive obligation among certain states so situated as to be mutually benefited by it. 3) The conventional law, or that which is agreed between particular states by express treaty, a law binding on the parties among whom such treaties are in force.

Law, private
An act of the legislature which relates to some private matters, which do not concern the public at large.

Law, prospective
One which provides for, and regulates the future acts of men, and does not interfere in any way with what has past.

Law, public
A public law is one in which all persons have an interest

Law, retrospective
A retrospective law is one that is to take effect, in point of time, before it was passed.

Law, statute
The written will of the legislature, solemnly expressed according to the forms prescribed by the constitution; an act of the legislature.

Law, unwritten
Unwritten law or lex non scripta. All the laws which do not come under the definition of written law; it is composed, principally, of the law of nature, the law of nations, the common law, and customs.

Law, written
Law written or lex scripta. This consists of the constitution of the United States the constitutions of the several states the acts of the different legislatures, as the acts of congress, and of the legislatures of the several states, and of treaties.



PREVIOUS AND NEXT TERMS
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Law, arbitrary
An arbitrary law is one made by the legislator simply because he wills it, and is not founded in the nature of things; such law, for example, as the tariff law, which may be high or low. This term is used in opposition to immutable.

Law, criminal
By criminal law is understood that system of laws which provides for the mode of trial of persons charged with criminal offences, defines crimes, and provides for their punishments.

Law, foreign
By foreign laws are understood the laws of a foreign country. The states of the American Union are for some purposes foreign to each other, and the laws of each are foreign in the others

Law, international
The law of nature applied to the affairs of nations, commonly called the law of nations, jus gentium; is also called by some modern authors international law.

Law, martial
Martial law is a code established for the government of the army and navy of the United States

Law, merchant

Law, municipal
Municipal law is defined by Mr. Justice Blackstone to be "a rule of civil conduct prescribed by the supreme power in a state, commanding what is right and prohibiting what is wrong." This definition has been criticised, and has been perhaps, justly considered imperfect. The latter part has been thought superabundant to the first; see Mr. Christian's note; and the first too general and indefinite, and too limited in its signification to convey a just idea of the subject.

Law, penal
One which inflicts a penalty for a violation of its enactment

Law, positive
Positive law, as used in opposition to natural law, may be considered in a threefold point of view. 1.) The universal voluntary law, or those rules which are presumed to be law, by the uniform practice of nations in general, and by the manifest utility of the rules themselves. 2.) The customary law, or that which, from motives of convenience, has, by tacit, but implied agreement, prevailed, not generally indeed among all nations, nor with so permanent a utility as to become a portion of the universal voluntary law, but enough to have acquired a prescriptive obligation among certain states so situated as to be mutually benefited by it. 3) The conventional law, or that which is agreed between particular states by express treaty, a law binding on the parties among whom such treaties are in force.

Law, private
An act of the legislature which relates to some private matters, which do not concern the public at large.

Law, prospective
One which provides for, and regulates the future acts of men, and does not interfere in any way with what has past.

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This dictionary contains 8526 terms.