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Liberal construction
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Liberal constructionA form of construction which allows a judge to consider other factors when deciding the meaning of a phrase or document. For example, faced with an ambiguous article in a statute, a liberal construction would allow a judge to consider the purpose and object of a statute before deciding what the article actually means.
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.
Judge
An elected or appointed public official with authority to hear and decide cases in a court of law.
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.
Example
An example is a case put to illustrate a. principle.
Statute
The written will of the legislature, solemnly expressed according to the forms prescribed in the constitution; an act of the legislature.
SIMILAR TERMS--------------------------------------
Libel
1) Practice. A libel has been defined to be "the plaintiff's petition or allegation, made and exhibited in a judicial process, with some solemnity of law;" it is also, said to be "a short and well ordered writing, setting forth in a clear manner, as well to the judge as to the defendant, the plaintiff's or accuser's intention in judgment." It is a written statement by a plaintiff, of his cause of action, and of the relief he seeks to obtain in a suit. Law's Ecclesiastic. 2) Libellus, criminal law. A malicious defamation expressed either in printing or writing, or by signs or pictures, tending to blacken the memory of one who is dead, with intent to provoke the living; or the reputation of one who is alive, and to expose him to public hatred, contempt, or ridicule.
Libel of accusation
A term used in Scotland to designate the instrument which contains the charge against a person accused of a crime. Libels are of two kinds, namely, indictments and crimiual letters.
Libelant
The person who institutes proceedings in an ecclesiastical court, in a court of divorce, or in admiralty.
Libellant
The party who fires a libel in a chancery or admiralty case, correspondes to the plaintiff in actions in the common law courts, is called the libellant.
Libellee
A party against whom a libel has been filed in chancery proceedings, or in admiralty, corresponding to the defendant in a common law suit.
Liber
A book; a principal subdivision of a literary work: thus, the Pandects, or Digest of the Civil Law, is divided into fifty books.
Liber assisarum
The book of assizes, or pleas of the crown; being the fifth part of the Year Books.
Liber feud rum
A code of the feudal law, which was compiled by direction of the emperor Frederick Barbarossa, and published in Milan, in 1170. It was called the Liber Feudorum, and was divided into five books, of which the first, second, and some fragments of the other's still exist and are printed at the end of all the modern editions of the Corpus Juris Civilis.
Liber homo
A freeman lawfully competent to act as a juror.
Liberate
English practice. A writ which issues on lands, tenements, and chattels, being returned under an extent on a statute staple, commanding the sheriff to deliver them to the plaintiff, by the extent aud appraisement mentioned in the writ of extent, and in the sheriff's return thereto.
Liberation
Civil law. This term is synonymous with payment. It is the extinguishment of a contract by which he who was bound become's free, or liberated.
Liberti, libertini
These two words were, at different times, made to express among the Romans, the condition of those who, having been slaves, had been made free. There is some distinction between these words. By libertus, was understood the freedman, when considered in relation to his patron, who had bestowed liberty upon him and he was called libertinus, when considered in relation to the state he occupied in society since his manumission.
Libertini liberti
These two words were, at different times, made to express among the Romans, the condition of those who, having been slaves, had been made free. There is some distinction between these words. By libertus, was understood the freedman, when considered in relation to his patron, who had bestowed liberty upon him and he was called libertinus, when considered in relation to the state he occupied in society since his manumission.
Liberty
Freedom from restraint. The power of acting as one thinks fit, without any restraint or control, except from the laws of nature. Liberty is divided into civil, natural, personal, and political.
Liberty of speech
The right given by the constitution and the laws to public support in speaking facts or opinions.
Liberty of the press
The right to print and publish the truth, from good motives, and for justifiable ends.
Liberum tenementum
1) Pleading. The name of a plea in an action of trespass, by which the defendant claims the locus in quo to be his soil and freehold, or the soil and freehold of a third person, by whose command he entered. 2) Estate. The same as, freehold or frank tenement.
PREVIOUS AND NEXT TERMS--------------------------------------
Libellee
A party against whom a libel has been filed in chancery proceedings, or in admiralty, corresponding to the defendant in a common law suit.
Liber
A book; a principal subdivision of a literary work: thus, the Pandects, or Digest of the Civil Law, is divided into fifty books.
Liber assisarum
The book of assizes, or pleas of the crown; being the fifth part of the Year Books.
Liber feud rum
A code of the feudal law, which was compiled by direction of the emperor Frederick Barbarossa, and published in Milan, in 1170. It was called the Liber Feudorum, and was divided into five books, of which the first, second, and some fragments of the other's still exist and are printed at the end of all the modern editions of the Corpus Juris Civilis.
Liber homo
A freeman lawfully competent to act as a juror.
Liberal construction
Liberate
English practice. A writ which issues on lands, tenements, and chattels, being returned under an extent on a statute staple, commanding the sheriff to deliver them to the plaintiff, by the extent aud appraisement mentioned in the writ of extent, and in the sheriff's return thereto.
Liberation
Civil law. This term is synonymous with payment. It is the extinguishment of a contract by which he who was bound become's free, or liberated.
Liberti, libertini
These two words were, at different times, made to express among the Romans, the condition of those who, having been slaves, had been made free. There is some distinction between these words. By libertus, was understood the freedman, when considered in relation to his patron, who had bestowed liberty upon him and he was called libertinus, when considered in relation to the state he occupied in society since his manumission.
Libertini liberti
These two words were, at different times, made to express among the Romans, the condition of those who, having been slaves, had been made free. There is some distinction between these words. By libertus, was understood the freedman, when considered in relation to his patron, who had bestowed liberty upon him and he was called libertinus, when considered in relation to the state he occupied in society since his manumission.
Liberty
Freedom from restraint. The power of acting as one thinks fit, without any restraint or control, except from the laws of nature. Liberty is divided into civil, natural, personal, and political.
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.
Judge
An elected or appointed public official with authority to hear and decide cases in a court of law.
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.
Example
An example is a case put to illustrate a. principle.
Statute
The written will of the legislature, solemnly expressed according to the forms prescribed in the constitution; an act of the legislature.
SIMILAR TERMS--------------------------------------
Libel
1) Practice. A libel has been defined to be "the plaintiff's petition or allegation, made and exhibited in a judicial process, with some solemnity of law;" it is also, said to be "a short and well ordered writing, setting forth in a clear manner, as well to the judge as to the defendant, the plaintiff's or accuser's intention in judgment." It is a written statement by a plaintiff, of his cause of action, and of the relief he seeks to obtain in a suit. Law's Ecclesiastic. 2) Libellus, criminal law. A malicious defamation expressed either in printing or writing, or by signs or pictures, tending to blacken the memory of one who is dead, with intent to provoke the living; or the reputation of one who is alive, and to expose him to public hatred, contempt, or ridicule.
Libel of accusation
A term used in Scotland to designate the instrument which contains the charge against a person accused of a crime. Libels are of two kinds, namely, indictments and crimiual letters.
Libelant
The person who institutes proceedings in an ecclesiastical court, in a court of divorce, or in admiralty.
Libellant
The party who fires a libel in a chancery or admiralty case, correspondes to the plaintiff in actions in the common law courts, is called the libellant.
Libellee
A party against whom a libel has been filed in chancery proceedings, or in admiralty, corresponding to the defendant in a common law suit.
Liber
A book; a principal subdivision of a literary work: thus, the Pandects, or Digest of the Civil Law, is divided into fifty books.
Liber assisarum
The book of assizes, or pleas of the crown; being the fifth part of the Year Books.
Liber feud rum
A code of the feudal law, which was compiled by direction of the emperor Frederick Barbarossa, and published in Milan, in 1170. It was called the Liber Feudorum, and was divided into five books, of which the first, second, and some fragments of the other's still exist and are printed at the end of all the modern editions of the Corpus Juris Civilis.
Liber homo
A freeman lawfully competent to act as a juror.
Liberate
English practice. A writ which issues on lands, tenements, and chattels, being returned under an extent on a statute staple, commanding the sheriff to deliver them to the plaintiff, by the extent aud appraisement mentioned in the writ of extent, and in the sheriff's return thereto.
Liberation
Civil law. This term is synonymous with payment. It is the extinguishment of a contract by which he who was bound become's free, or liberated.
Liberti, libertini
These two words were, at different times, made to express among the Romans, the condition of those who, having been slaves, had been made free. There is some distinction between these words. By libertus, was understood the freedman, when considered in relation to his patron, who had bestowed liberty upon him and he was called libertinus, when considered in relation to the state he occupied in society since his manumission.
Libertini liberti
These two words were, at different times, made to express among the Romans, the condition of those who, having been slaves, had been made free. There is some distinction between these words. By libertus, was understood the freedman, when considered in relation to his patron, who had bestowed liberty upon him and he was called libertinus, when considered in relation to the state he occupied in society since his manumission.
Liberty
Freedom from restraint. The power of acting as one thinks fit, without any restraint or control, except from the laws of nature. Liberty is divided into civil, natural, personal, and political.
Liberty of speech
The right given by the constitution and the laws to public support in speaking facts or opinions.
Liberty of the press
The right to print and publish the truth, from good motives, and for justifiable ends.
Liberum tenementum
1) Pleading. The name of a plea in an action of trespass, by which the defendant claims the locus in quo to be his soil and freehold, or the soil and freehold of a third person, by whose command he entered. 2) Estate. The same as, freehold or frank tenement.
PREVIOUS AND NEXT TERMS--------------------------------------
Libellee
A party against whom a libel has been filed in chancery proceedings, or in admiralty, corresponding to the defendant in a common law suit.
Liber
A book; a principal subdivision of a literary work: thus, the Pandects, or Digest of the Civil Law, is divided into fifty books.
Liber assisarum
The book of assizes, or pleas of the crown; being the fifth part of the Year Books.
Liber feud rum
A code of the feudal law, which was compiled by direction of the emperor Frederick Barbarossa, and published in Milan, in 1170. It was called the Liber Feudorum, and was divided into five books, of which the first, second, and some fragments of the other's still exist and are printed at the end of all the modern editions of the Corpus Juris Civilis.
Liber homo
A freeman lawfully competent to act as a juror.
Liberal construction
Liberate
English practice. A writ which issues on lands, tenements, and chattels, being returned under an extent on a statute staple, commanding the sheriff to deliver them to the plaintiff, by the extent aud appraisement mentioned in the writ of extent, and in the sheriff's return thereto.
Liberation
Civil law. This term is synonymous with payment. It is the extinguishment of a contract by which he who was bound become's free, or liberated.
Liberti, libertini
These two words were, at different times, made to express among the Romans, the condition of those who, having been slaves, had been made free. There is some distinction between these words. By libertus, was understood the freedman, when considered in relation to his patron, who had bestowed liberty upon him and he was called libertinus, when considered in relation to the state he occupied in society since his manumission.
Libertini liberti
These two words were, at different times, made to express among the Romans, the condition of those who, having been slaves, had been made free. There is some distinction between these words. By libertus, was understood the freedman, when considered in relation to his patron, who had bestowed liberty upon him and he was called libertinus, when considered in relation to the state he occupied in society since his manumission.
Liberty
Freedom from restraint. The power of acting as one thinks fit, without any restraint or control, except from the laws of nature. Liberty is divided into civil, natural, personal, and political.
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This dictionary contains 8526 terms.
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