Juridical Dictionary

This dictionary contains:
8526
juridical terms

Law civil




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.

RELATED TERMS
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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.

Civil
1) It is used in contradistinction to barbarous or savage, to indicate a state of society reduced to order and regular government; thus we speak of civil life, civil society, civil government, and civil liberty. 2) It is sometimes used in contradistinction to criminal, to indicate the private rights and remedies of men, as members of the community, in contrast to those which are public and relate to the government; thus we speak of civil process and criminal process, civil jurisdiction and criminal jurisdiction.

Eminence
A title of honor given to cardinals.

Municipal
Strictly, this word applies only to what belongs to a city. Among the Romans, cities were called municipia; these cities voluntarily joined the Roman republic in relation to their sovereignty only, retaining, their laws, their liberties, and their magistrates, who were thence called municipal magistrates. With us this word has a more extensive meaning; for example, we call municipal law, not the law of a city only, but the law of the state. Municipal is used in contradistinction to international; thus we say an offence against the law of nations is an international offence, but one committed against a particular state or separate community, is a municipal offence.

Empire
This word signifies, first, authority or command; it is the power to command or govern those actions of men which would otherwise be free; secondly, the country under the government of an emperor but sometimes it is used to designate a country subject to kingly power.

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.

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.

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.

Principles
By this term is understood truths or propositions so clear that they cannot be proved nor contradicted, unless by propositions which are still clearer. They are of two kinds, one when the principle is universal, and these are kuown as axioms or maxims; as, no one can transmit rights which he has not; the accessory follows the principal, &c. The other class are simply called first principles.

Were
The name of a fine among the Saxons imposed upon a murderer

Code
Legislation. Signifies in general a collection of laws. It is a name given by way of eminence to a collection of such laws made by the legislature.

Digest
An index or compilation of abstracts of reported cases into one, set forth under proper law topic headings or titles and usually in alphabetical arrangement.

Emperor
An officer. This word is synonymous with the Latin imperator; they are both derived from the. verb imperare. Literally, it signifies he who commands.

Novel
Civil law. The name given to some constitutions or laws of some of the Roman emperors; this name was so given because they were new or posterior to the laws which they had before published. The novels were made to supply what bad not been foreseen in the preceding laws, or to amend or alter the laws in force.



SIMILAR TERMS
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Law and order
A social and political situation in which laws are properly enforced and a state of civil order is thus achieved.

Law blank
A printed legal form available for preparing documents.

Law book
A book about laws and legislation, or a book where a certain jurisdiction's norms and laws are kept.

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 clerk
In the United States, usually a law school student employed by a law firm to do research and other tasks. In the courts, a lawyer (or law school student) employed to do legal research.

Law common
The common law is that which derives its force and authority from the universal consent and immemorial practice of the people. It has never received the sanction of the legislature, by an express act, wbich is the criterion by which it is distinguished from the statute law. It has never been reduced to writing; by this expression, however, it is not meant that all those laws are at present merely oral, or communicated from former ages to the present solely by word of mouth, but that the evidence of our common law is contained in our books of Reports, and depends on the general practice and judicial adjudications of our courts.

Law degree
A degree showing that a person has learnt the legal profession and can therefore practice legal advice and litigation, provided he or she is admitted to the bar or other relevant legal institution.

Law dictionary
A dictionary of legal and juridical definitions.

Law enforcement
Enforcement of order and norms as established by law. Police forces and other government organisations are charged with the responsibility of maintaining law and order.

Law enforcement jobs
Jobs in government bodies in charge of enforcing law and order, e.g. policemen, customs officers, etc.

Law firm
A business entity formed by one or more lawyers to engage in the practice of law.

Law guardian
An attorney that is typically assigned by the judge to represent the child or children in an intense custody battle.

Law library
A library specialized in law books.

Law of nations
The science which teaches the rights subsisting between nations or states, and the obligations correspondent to those rights. Some complaints, perhaps not unfounded, have been made as to the want of exactness in the definition of this term. The phrase "international law" has been proposed, in its stead. It is a system of rules deducible by natural reason from the immutable principles of natural justice, and established by universal consent among the civilized inliabitants of the world; in order to decide all disputes, and to insure the observance of good faith and justice in that intercourse which must frequently occur between them and the individuals belonging to each or it depends upon mutual compacts, treaties, leagues and agreements between the separate, free, and independent communities.

Law of nature
The law of nature is that which God, the sovereign of the universe, has prescribed to all men, not by any formal promulgation, but by the internal dictate of reason alone. It is discovered by a just consideration of the agreeableness or disagreeableness of human actions to the nature of man; and it comprehends all the duties which we owe either to the Supreme Being, to ourselves, or to our neighbors; as reverence to God, self-defence, temperance, honor to our parents, benevolence to all, a strict adherence to our engagements, gratitude, and the like.

Law of the flag
The conflict of laws rule, still found in many national laws and international conventions, which subjected various maritime law matters to the law of the flag or port of registry of the ship. The concept bore the imprint of nineteenth-century theories of the law of the citizen, espoused by Napoleon Bonaparte and Mancini. Today, the emergence of flags of convenience, double-flagging, flagging out, and the increasing insistence in many international conventions on a "genuine link" between the flag and the ship, have reduced the importance of the law of the flag to merely one contact, or connecting factor, among others in maritime conflicts of law.

Law of the land
The general public law of a State, binding upon all the members of the community under all circumstances, and not partial or private laws affecting the rights of private individuals or classes of individuals.

Law of the person
Lex Patriae. Wherever a person was a citizen, he/she had their "laws" follow them throughout the world. The French Emperor Napoleon Bonaparte promoted this approach in the first Civil Code of France (1804). He believed that the French Civil Code was superior to all other forms of law, and thus French citizens should benefit from it, wherever they were.

Law of the sea convention
The United Nations Law of the Sea Convention, adopted at Montego Bay, Jamaica, December 10., 1982 and in force November 16, 1994. This Convention was the product of nine years of work by the Third United Nations Conference on the Law of the Sea (1973-1982).

Law of the united kingdom
The statutes and regulations applicable to the whole of the United Kingdom, including European Union treaties and regulations, which are "directly applicable" in the U.K. as a Member-State of the E.U., as well as treaties made by the U.K. Government under the royal prerogative of the Crown.

Law review
A magazine on legislation; or the review of a particular law.

Law school ranking
Ranking achieved as a law student at a law school.



PREVIOUS AND NEXT TERMS
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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.

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

Law clerk
In the United States, usually a law school student employed by a law firm to do research and other tasks. In the courts, a lawyer (or law school student) employed to do legal research.

Law common
The common law is that which derives its force and authority from the universal consent and immemorial practice of the people. It has never received the sanction of the legislature, by an express act, wbich is the criterion by which it is distinguished from the statute law. It has never been reduced to writing; by this expression, however, it is not meant that all those laws are at present merely oral, or communicated from former ages to the present solely by word of mouth, but that the evidence of our common law is contained in our books of Reports, and depends on the general practice and judicial adjudications of our courts.

Law guardian
An attorney that is typically assigned by the judge to represent the child or children in an intense custody battle.

Law of nations
The science which teaches the rights subsisting between nations or states, and the obligations correspondent to those rights. Some complaints, perhaps not unfounded, have been made as to the want of exactness in the definition of this term. The phrase "international law" has been proposed, in its stead. It is a system of rules deducible by natural reason from the immutable principles of natural justice, and established by universal consent among the civilized inliabitants of the world; in order to decide all disputes, and to insure the observance of good faith and justice in that intercourse which must frequently occur between them and the individuals belonging to each or it depends upon mutual compacts, treaties, leagues and agreements between the separate, free, and independent communities.

Law of nature
The law of nature is that which God, the sovereign of the universe, has prescribed to all men, not by any formal promulgation, but by the internal dictate of reason alone. It is discovered by a just consideration of the agreeableness or disagreeableness of human actions to the nature of man; and it comprehends all the duties which we owe either to the Supreme Being, to ourselves, or to our neighbors; as reverence to God, self-defence, temperance, honor to our parents, benevolence to all, a strict adherence to our engagements, gratitude, and the like.

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This dictionary contains 8526 terms.







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