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| This dictionary contains: 8526 juridical terms |
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Literal contract
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Literal contractCivil law. A contract, the whole of the evidence of which is reduced to writing. This contract is perfected by the writing, and binds the party who subscribed it, although he has received no consideration.
RELATED TERMS--------------------------------------
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.
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.
Contract
A negotiated oral or written agreement setting forth the terms for an exchange of value between parties (which may be individuals or companies) and under which each party promises to perform an obligation. Certain terms, such as the obligations to be performed and the terms for setting price or compensation must be mutually understood, known in legal lingo as a "meeting of the minds," and promised to by the parties to form a legal contract.
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.
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.
Party
Practice, contracts. When applied to practice, by party is understood either the plaintiff or defendant. In contracts, a party is one or more persons who engage to perform or receive the performance of some agreement.
Consideration
Under common law, there can be no binding contract without consideration, which was defined in an 1875 English decision as "some right, interest, profit or benefit accruing to the one party, or some forbearance, detriment, loss or responsibility given, suffered or undertaken by the other". Common law did not want to allow gratuitous offers, those made without anything offered in exchange (such as gifts), to be given the protection of contract law. So they added the criteria of consideration. Consideration is not required in contracts made in civil law systems and many common law states have adopted laws which remove consideration as a prerequisite of a valid contract.
SIMILAR TERMS--------------------------------------
Litera
Latin. letter; written character, Literœ. Letters, writings, documents.
Literal construction
A form of construction which does not allow evidence extrapolated beyond the actual words of a phrase or document but, rather, takes a phrase or document at face value, giving effect only to the actual words used. Also known as "strict" or "strict and literal" construction. Contrasts with liberal construction (which allows for the input from other factors such as the purpose of the document being interpreted).
Literary property
This name has been given to the right which authors have in their works. This is secured to them by copyright.
PREVIOUS AND NEXT TERMS--------------------------------------
Lisbon rules
A set of rules on the assessment of damages in ship collisions (supra), prepared by the CMI and adopted at Lisbon in 1987. The Rules do not have the force of law, but are intended rather as guidelines for judges, arbitrators, insurers, average adjusters and others concerned with evaluating collision damages. They may also be chosen by the parties to a collision dispute, after it arises, to govern damage assessment.
List
A table of cases arranged for trial or argument; as, the trial list, the argument list.
Listers
This word is used in some of the states to designate the persons appointed to make lists of taxables.
Litera
Latin. letter; written character, Literœ. Letters, writings, documents.
Literal construction
A form of construction which does not allow evidence extrapolated beyond the actual words of a phrase or document but, rather, takes a phrase or document at face value, giving effect only to the actual words used. Also known as "strict" or "strict and literal" construction. Contrasts with liberal construction (which allows for the input from other factors such as the purpose of the document being interpreted).
Literal contract
Literary property
This name has been given to the right which authors have in their works. This is secured to them by copyright.
Litigant
One engaged in a suit; one fond of litigation.
Litigiosity
Scottish law. The pendency of a suit; it is an implied prohibition of alienation to the disappointment of an action, or of diligence, the direct object of which is to obtain possession, or to acquire the property of a particular subject. The effect of it is analogous to that of inhibition.
Litigious
That which is the subject of a suit or action; that which is contested in a court of justice. In another sense, litigious signifies a disposition to sue; a fondness for litigation.
Litigious rights
French law. Those which are or may be contested either in whole or in part, whether an action has been commenced, or when there is reason to apprehend one.
RELATED TERMS--------------------------------------
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.
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.
Contract
A negotiated oral or written agreement setting forth the terms for an exchange of value between parties (which may be individuals or companies) and under which each party promises to perform an obligation. Certain terms, such as the obligations to be performed and the terms for setting price or compensation must be mutually understood, known in legal lingo as a "meeting of the minds," and promised to by the parties to form a legal contract.
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.
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.
Party
Practice, contracts. When applied to practice, by party is understood either the plaintiff or defendant. In contracts, a party is one or more persons who engage to perform or receive the performance of some agreement.
Consideration
Under common law, there can be no binding contract without consideration, which was defined in an 1875 English decision as "some right, interest, profit or benefit accruing to the one party, or some forbearance, detriment, loss or responsibility given, suffered or undertaken by the other". Common law did not want to allow gratuitous offers, those made without anything offered in exchange (such as gifts), to be given the protection of contract law. So they added the criteria of consideration. Consideration is not required in contracts made in civil law systems and many common law states have adopted laws which remove consideration as a prerequisite of a valid contract.
SIMILAR TERMS--------------------------------------
Litera
Latin. letter; written character, Literœ. Letters, writings, documents.
Literal construction
A form of construction which does not allow evidence extrapolated beyond the actual words of a phrase or document but, rather, takes a phrase or document at face value, giving effect only to the actual words used. Also known as "strict" or "strict and literal" construction. Contrasts with liberal construction (which allows for the input from other factors such as the purpose of the document being interpreted).
Literary property
This name has been given to the right which authors have in their works. This is secured to them by copyright.
PREVIOUS AND NEXT TERMS--------------------------------------
Lisbon rules
A set of rules on the assessment of damages in ship collisions (supra), prepared by the CMI and adopted at Lisbon in 1987. The Rules do not have the force of law, but are intended rather as guidelines for judges, arbitrators, insurers, average adjusters and others concerned with evaluating collision damages. They may also be chosen by the parties to a collision dispute, after it arises, to govern damage assessment.
List
A table of cases arranged for trial or argument; as, the trial list, the argument list.
Listers
This word is used in some of the states to designate the persons appointed to make lists of taxables.
Litera
Latin. letter; written character, Literœ. Letters, writings, documents.
Literal construction
A form of construction which does not allow evidence extrapolated beyond the actual words of a phrase or document but, rather, takes a phrase or document at face value, giving effect only to the actual words used. Also known as "strict" or "strict and literal" construction. Contrasts with liberal construction (which allows for the input from other factors such as the purpose of the document being interpreted).
Literal contract
Literary property
This name has been given to the right which authors have in their works. This is secured to them by copyright.
Litigant
One engaged in a suit; one fond of litigation.
Litigiosity
Scottish law. The pendency of a suit; it is an implied prohibition of alienation to the disappointment of an action, or of diligence, the direct object of which is to obtain possession, or to acquire the property of a particular subject. The effect of it is analogous to that of inhibition.
Litigious
That which is the subject of a suit or action; that which is contested in a court of justice. In another sense, litigious signifies a disposition to sue; a fondness for litigation.
Litigious rights
French law. Those which are or may be contested either in whole or in part, whether an action has been commenced, or when there is reason to apprehend one.
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This dictionary contains 8526 terms.
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