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Licentia concordandi
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Licentia concordandiEstates, conveyancing, practice. When an action is brought for the purpose of levying a fine, the defendant, knowing himself to be in the wrong, is supposed to make overtures of accommodation to the plaintiff, who accepts them; but having given pledges to prosecute his suit, applies to the court, upon the return of the writ of covenant, for leave to make the matter up; this, which is readily granted, is called the, licentia concordandi.
RELATED TERMS--------------------------------------
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.
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.
Action
1) French commercial. Stock in a company, shares in a corporation. 2)Civil law. An action instituted to avoid a sale onaccount of some Vice or defect in the thing sold which readers it either absolutely useless, or its use so inconvenient and, imperfect, that it must be, supposed the buyer would not have purchased it, had he known of the vice.
Fine
"1) A sum of money, which, by judgment of a competent jurisdiction, is required to be paid for the punishment of an offence. 2) The amount paid by the tenant, on his entrance, to the lord. 3) A special kind of conveyance.
Defendant
A party who is sued in a personal action.
Wrong
An injury; a tort a violation of right. In its most usual sense, wrong signifies an injury committed to the person or property of another, or to his relative rights, unconnected with contract; and these wrongs are committed with or without force. But in a more extended signification, wrong includes the violation of a contract; a failure by a man to perform his undertaking or promise is a wrong or injury to him to whom it was made.
Accommodation
Contracts. An amicable agreement or composition between two contending parties.
Plaintiff
The party who begins an action; the party who complains or sues in an action and is named as such in the court's records. Also called a petitioner.
Pledges
Pleading. It was anciently necessary to find pledges or sureties to prosecute a suit, and the names of the pledges were added at the foot of the declaration; but in the course of time it became unnecessary to find such pledges because the plaintiff was no longer liable to be amerced, pro falsa clamora, and the pledges were merely nominal persons, and now John Doe and Richard Roe are the universal pledges; but they may be omitted altogether;
Prosecute
To bring judicial proceedings against a person and to administer them until the conclusion of the court proceedings. Lawyers are hired by the government to administer the prosecution of criminal charges in the courts.
Suit
An action. The word suit in the 25th section of the judiciary act of 1789, applies to any proceeding in a court of justice, in which the plaintiff pursues, in such court, the remedy which the law affords him. An application for a prohibition is therefore a suit.
Court
A body in government to which the administration of justice is delegated.
Return
Contracts, remedies. Persons who are beyond the sea are exempted from the operation of the statute of limitations of Pennsylvania, and of other states, till after a certain time has elapsed after their returning.
Writ
An official court document, signed by a judge or bearing an official court seal, which commands the person to whom it is addressed, to do something specific. That "person" is typically either a sheriff (who may be instructed to seize property, for example) or a defendant (for whom the writ is the first notice of formal legal action. In these cases, the writ would command the person to answer the charges laid out in the suit, or else judgment may be made against them in their absence).
Covenant
A written document in which signatories either commit themselves to do a certain thing, to not do a certain thing or in which they agree on a certain set of facts. They are very common in real property dealings and are used to restrict land use such as amongst shopping mall tenants or for the purpose of preserving heritage property. For example, a coventor to a mortgage commits themself to pay the mortgage if the mortgagor defaults.
Matter
Some substantial or essential thing, opposed to form; facts.
SIMILAR TERMS--------------------------------------
Licence
A licence is an agreement that allows the licensee to do an act which would otherwise be the exclusive right of the licensor.
License
1) Contracts. A right given by some competent authority to do an act, which without such authority would be illegal. The instrument or writing which secures this right, is also called a license. 2) International law. An authority given by one of two belligerent parties, to the citizens or subjects of the other, to carry on a specified trade. 3) Pleading. The name of a plea of justification to an action of trespass. A license must be specially pleaded, and cannot, like liberum tenementum, be given in evidence under the general issue.
Licensee
One to whom a license has been given.
Licensing boards
State agencies created to regulate the issuance of licenses, to contractors, cosmetologists, realtors, etc.
Licentia loquendi
Imparlance.
Licentiousness
The doing what one pleases without regard to the rights of others; it differs from liberty in this, that the latter is restrained by natural or positive law, and consists in doing whatever we please, not inconsistent, with the rights of others, whereas the former does not respect those rights.
Licet
It is lawful; not forbidden by law. Id omne licitum est, quod non est legibus prohibitum; quamobrem, quod, lege permittente, fit, poenam non meretur.
Licet saepius requisitus
Pleading. practice. Although often requested. It is usually alleged in the declaration that the defendant, licet saepius requisitus, &c., he did not perform the contract, the violatioin of which is the foundation of the action. The allegation is generally sufficient when a request is not parcel of the contract. Indeed, in such cases it is unneccssary even to lay a general request, for the bringing of the suit is itself a sufficient request.
PREVIOUS AND NEXT TERMS--------------------------------------
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.
Licence
A licence is an agreement that allows the licensee to do an act which would otherwise be the exclusive right of the licensor.
License
1) Contracts. A right given by some competent authority to do an act, which without such authority would be illegal. The instrument or writing which secures this right, is also called a license. 2) International law. An authority given by one of two belligerent parties, to the citizens or subjects of the other, to carry on a specified trade. 3) Pleading. The name of a plea of justification to an action of trespass. A license must be specially pleaded, and cannot, like liberum tenementum, be given in evidence under the general issue.
Licensee
One to whom a license has been given.
Licensing boards
State agencies created to regulate the issuance of licenses, to contractors, cosmetologists, realtors, etc.
Licentia concordandi
Licentia loquendi
Imparlance.
Licentiousness
The doing what one pleases without regard to the rights of others; it differs from liberty in this, that the latter is restrained by natural or positive law, and consists in doing whatever we please, not inconsistent, with the rights of others, whereas the former does not respect those rights.
Licet
It is lawful; not forbidden by law. Id omne licitum est, quod non est legibus prohibitum; quamobrem, quod, lege permittente, fit, poenam non meretur.
Licet saepius requisitus
Pleading. practice. Although often requested. It is usually alleged in the declaration that the defendant, licet saepius requisitus, &c., he did not perform the contract, the violatioin of which is the foundation of the action. The allegation is generally sufficient when a request is not parcel of the contract. Indeed, in such cases it is unneccssary even to lay a general request, for the bringing of the suit is itself a sufficient request.
Licitation
A sale at auction; a sale to the highest bidder.
RELATED TERMS--------------------------------------
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.
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.
Action
1) French commercial. Stock in a company, shares in a corporation. 2)Civil law. An action instituted to avoid a sale onaccount of some Vice or defect in the thing sold which readers it either absolutely useless, or its use so inconvenient and, imperfect, that it must be, supposed the buyer would not have purchased it, had he known of the vice.
Fine
"1) A sum of money, which, by judgment of a competent jurisdiction, is required to be paid for the punishment of an offence. 2) The amount paid by the tenant, on his entrance, to the lord. 3) A special kind of conveyance.
Defendant
A party who is sued in a personal action.
Wrong
An injury; a tort a violation of right. In its most usual sense, wrong signifies an injury committed to the person or property of another, or to his relative rights, unconnected with contract; and these wrongs are committed with or without force. But in a more extended signification, wrong includes the violation of a contract; a failure by a man to perform his undertaking or promise is a wrong or injury to him to whom it was made.
Accommodation
Contracts. An amicable agreement or composition between two contending parties.
Plaintiff
The party who begins an action; the party who complains or sues in an action and is named as such in the court's records. Also called a petitioner.
Pledges
Pleading. It was anciently necessary to find pledges or sureties to prosecute a suit, and the names of the pledges were added at the foot of the declaration; but in the course of time it became unnecessary to find such pledges because the plaintiff was no longer liable to be amerced, pro falsa clamora, and the pledges were merely nominal persons, and now John Doe and Richard Roe are the universal pledges; but they may be omitted altogether;
Prosecute
To bring judicial proceedings against a person and to administer them until the conclusion of the court proceedings. Lawyers are hired by the government to administer the prosecution of criminal charges in the courts.
Suit
An action. The word suit in the 25th section of the judiciary act of 1789, applies to any proceeding in a court of justice, in which the plaintiff pursues, in such court, the remedy which the law affords him. An application for a prohibition is therefore a suit.
Court
A body in government to which the administration of justice is delegated.
Return
Contracts, remedies. Persons who are beyond the sea are exempted from the operation of the statute of limitations of Pennsylvania, and of other states, till after a certain time has elapsed after their returning.
Writ
An official court document, signed by a judge or bearing an official court seal, which commands the person to whom it is addressed, to do something specific. That "person" is typically either a sheriff (who may be instructed to seize property, for example) or a defendant (for whom the writ is the first notice of formal legal action. In these cases, the writ would command the person to answer the charges laid out in the suit, or else judgment may be made against them in their absence).
Covenant
A written document in which signatories either commit themselves to do a certain thing, to not do a certain thing or in which they agree on a certain set of facts. They are very common in real property dealings and are used to restrict land use such as amongst shopping mall tenants or for the purpose of preserving heritage property. For example, a coventor to a mortgage commits themself to pay the mortgage if the mortgagor defaults.
Matter
Some substantial or essential thing, opposed to form; facts.
SIMILAR TERMS--------------------------------------
Licence
A licence is an agreement that allows the licensee to do an act which would otherwise be the exclusive right of the licensor.
License
1) Contracts. A right given by some competent authority to do an act, which without such authority would be illegal. The instrument or writing which secures this right, is also called a license. 2) International law. An authority given by one of two belligerent parties, to the citizens or subjects of the other, to carry on a specified trade. 3) Pleading. The name of a plea of justification to an action of trespass. A license must be specially pleaded, and cannot, like liberum tenementum, be given in evidence under the general issue.
Licensee
One to whom a license has been given.
Licensing boards
State agencies created to regulate the issuance of licenses, to contractors, cosmetologists, realtors, etc.
Licentia loquendi
Imparlance.
Licentiousness
The doing what one pleases without regard to the rights of others; it differs from liberty in this, that the latter is restrained by natural or positive law, and consists in doing whatever we please, not inconsistent, with the rights of others, whereas the former does not respect those rights.
Licet
It is lawful; not forbidden by law. Id omne licitum est, quod non est legibus prohibitum; quamobrem, quod, lege permittente, fit, poenam non meretur.
Licet saepius requisitus
Pleading. practice. Although often requested. It is usually alleged in the declaration that the defendant, licet saepius requisitus, &c., he did not perform the contract, the violatioin of which is the foundation of the action. The allegation is generally sufficient when a request is not parcel of the contract. Indeed, in such cases it is unneccssary even to lay a general request, for the bringing of the suit is itself a sufficient request.
PREVIOUS AND NEXT TERMS--------------------------------------
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.
Licence
A licence is an agreement that allows the licensee to do an act which would otherwise be the exclusive right of the licensor.
License
1) Contracts. A right given by some competent authority to do an act, which without such authority would be illegal. The instrument or writing which secures this right, is also called a license. 2) International law. An authority given by one of two belligerent parties, to the citizens or subjects of the other, to carry on a specified trade. 3) Pleading. The name of a plea of justification to an action of trespass. A license must be specially pleaded, and cannot, like liberum tenementum, be given in evidence under the general issue.
Licensee
One to whom a license has been given.
Licensing boards
State agencies created to regulate the issuance of licenses, to contractors, cosmetologists, realtors, etc.
Licentia concordandi
Licentia loquendi
Imparlance.
Licentiousness
The doing what one pleases without regard to the rights of others; it differs from liberty in this, that the latter is restrained by natural or positive law, and consists in doing whatever we please, not inconsistent, with the rights of others, whereas the former does not respect those rights.
Licet
It is lawful; not forbidden by law. Id omne licitum est, quod non est legibus prohibitum; quamobrem, quod, lege permittente, fit, poenam non meretur.
Licet saepius requisitus
Pleading. practice. Although often requested. It is usually alleged in the declaration that the defendant, licet saepius requisitus, &c., he did not perform the contract, the violatioin of which is the foundation of the action. The allegation is generally sufficient when a request is not parcel of the contract. Indeed, in such cases it is unneccssary even to lay a general request, for the bringing of the suit is itself a sufficient request.
Licitation
A sale at auction; a sale to the highest bidder.
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This dictionary contains 8526 terms.
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