Juridical Dictionary

This dictionary contains:
8526
juridical terms

Law common




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.

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

Authority
Government. The right and power which an officer has in the exercise of a public function to compel obedience to his lawful commands.

Consent
Agreement; voluntary acceptance of the wish of another.

Immemorial
That which commences beyond the time of memory.

Practice
The form, manner and order of conducting and carrying on suits or prosecutions in the courts through their various stages, according, to the principles of law, and the rules laid down by the respective courts.

People
A state.

Sanction
That part of a law which inflicts a penalty for its violation, or bestows a reward for its observance. Sanctions are of two kinds, those which redress civil injuries, called civil sanctions; and those which punish crimes, called penal sanctions.

Legislature
Government. That body of men in the state which has the power of making laws.

Express
That which is made known, and not left to implication. The opposite of implied. It is a rule, that when a matter or thing is expressed, it ceases to be implied by law: expressum facit cessare tacitum.

Act
1) Civil law, contracts. A writing which states in a legal form that a thing has been said, done, or agreed. 2) Evidence. The act of one of several conspirators, performed inpursuance of the common design, is evidence against all of them.

Statute
The written will of the legislature, solemnly expressed according to the forms prescribed in the constitution; an act of the legislature.

Law
A rule or body of rules of conduct inherent in human nature and essential to or binding upon human society. The learned profession that is mastered by graduate study in a law school and that is responsible for the judicial system.

Writing
The act of forming by the hand letters or characters of a particular kind on paper or other suitable substance, and artfully putting them together so as to co nvey ideas. It differs from printing, which is the formation of words on paper or other proper substance by means of a stamp. Sometimes by writing ii understood printing, and sometimes printing and writing mixed.

Expression
The term or use of language employed to explain a thing.

Present
A gift, or wore properly the thing given. It is provided by the constitution of the United States, that "no person holding any office of profit or trust under them, [the United States] shall, without the consent of congress, accept of any present, emolument, or office, or title of any kind whatever, from any king, prince, or foreign state."

Oral
Something spoken in contradistinction to something written; as oral evidence, which is evidence delivered verbally by a witness,

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

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.

Books
Commerce, accounts. Merchants, traders, and other persons, who are desirous of understanding their affairs, and of explaining them when necessary, keep, 1. a day book; 2. a journal; 3. a ledger; 4. a letter book; 5. an invoice book; 6. a cash book; 7. a bill book; 8. a bank book; and 9. a cheek book. The reader is referred to these several articles

Reports
Law books, containing a statement of the facts and law of each case which has been decided by the courts; they are generally the most certain proof of the judicial decisions of the courts, and contain the most satisfactory evidence, and the most authoritative and precise application of the rules of the common law.

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.

Judicial
Belonging, or emanating from a judge, as such.



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 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.

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 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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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.

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

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.

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.

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This dictionary contains 8526 terms.







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