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| This dictionary contains: 8526 juridical terms |
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Litis contestatio
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Litis contestatioCivil law. "Contestari." It is when each party to a suit (uterque reus) says "Teste estote." It was therefore, so called, because persons were called on by the parties to the suit "to bear witness," "to be witnesses." It is supposed that this contestatio was the usual termination of certain acts before the magistratus or in jure, of which the persons called to be witnesses were at some future time to bear record before the judex, in judicio. The Iis contestata, in the system of Justinian, consisted in the statements made by. the parties to a suit before the magistrate respecting the claim or demand, and the answer or defence to it. When this was done, the cause was ready for hearing. The contesting of the suit, or pleading the general issue.
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.
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.
Each
Every one of the two or more composing the whole.
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.
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.
Were
The name of a fine among the Saxons imposed upon a murderer
Parties
Contracts. Those persons who engage themselves to do, or not to do the matters and things contained in an agreement.
Jure
By law; by right; in right; as, jure civilis, by the civil law; jure gentium, by the law of nations; jure representationis, by right of representation; jure uxoris, in right of a wife.
Witnesses
People who may have information of a Fraud based on observation.
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.
Record
1) Evidence. A written memorial made by a public officer authorized by law to perform that function, and intended to serve as evidence of something written, said, or done. 2) To record. The act of making a record.
Judex
1) The judge, one who declares the law, quijus dicit; one who administers justice between the parties to a cause, when lawfully submitted to him. 2) The judicial power, or the court. 3) Anciently, by judex was also understood a juror.
Magistrate
Mun. law. A public civil officer, invested with some part of the legislative, executive, or judicial power given by the constitution. In a narrower sense this term includes only inferior judicial officers, as justices of the peace.
Claim
A demand for resolution or remedy of a grievance, or for something that is rightly the claimant's. Example: A demand for payment to recover a loss protected by an insurance policy. A demand in a court of law filed by a claimant on any juridical issue he / she considers.
Demand
Contracts. A claim; a legal obligation.
Answer
Practice. The declaration of a fact by a witness after a question has been put asking for it.
Cause
1) Civil law. It signifies the delivery of the thing, or the accomplishment of the act which is the object of a convention. 2) It is the consideration or motive for making a contract. 3) Pleading. The reason; the motive. 4) Practice. A contested question before a court of justice; it is a Suit or action.
Hearing
"1) Chwncery practice. The term, hearing is given to the trial of a chancery suit. 2) Criminal law. The examination of a prisoner charged with a crime or misdemeanor, and of the witnesses for the accuser.
Pleading
Practice. The statement in a logical, and legal form, of the facts which constitute the plaintiff's cause of action, or the defendant's ground of defence; it is the formal mode of alleging that on the record, which would be the support, or the defence of the party in evidence.
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.
Issue
1) Kindred. This term is of very extensive import, in its most enlarged signification, and includes all persons who have descended from a common ancestor. But when this word is used in a will, in order to give effect to the testator's intention it will be construed in a more restricted sense than its legal import conveys. 2) Pleading. An issue, in pleading, is defined to be a single, certain and material point issuing out of the allegations of the parties, and consisting, regularly, of an affirmative and negative. In common parlance, issue also signifies the entry of the pleadings.
SIMILAR TERMS--------------------------------------
Litigant
One engaged in a suit; one fond of litigation.
Litigation
A lawsuit is a civil action brought before a court in order to recover a right, obtain damages for an injury, obtain an injunction to prevent an injury, or obtain a declaratory judgment to prevent future legal disputes. It usually involves dispute resolution of private law issues between individuals, business entities or non-profit organizations.
Litigation financing
Strategies aiming at the financing of litigation expenses.
Litigation funding
Funding of litigation expenses.
Litigation support
Economic or other support to a given 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.
Litis magister
He who controls a suit.
Litispendence
The part of an action being depending and undetermined; the time during which an action is pending.
PREVIOUS AND NEXT TERMS--------------------------------------
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.
Litis contestatio
Litis magister
He who controls a suit.
Litispendence
The part of an action being depending and undetermined; the time during which an action is pending.
Litre
A French measure of capacity. It is of the size of a decimetre, or one-tenth part of a cubic metre. It is equal to 61.028 cubic inches.
Livery
English law. 1) The delivery of possession of lands to those tenants who hold of the king in capite, or knight's service. 2) Livery was also the name of a writ which lay for the heir of age, to obtain the possession of seisin of his lands at the king's hands. 3) It signifies, in the third place, the clothes given by a nobleman or gentleman to his servant.
Livery of seisin
Estates. A delivery of possession of lands, tenements, and hereditaments, unto one entitled to the same. This was a ceremony used in the common law for the conveyance of real estate; and the livery was in deed, which was performed by the feoffor and the feoffee going upon the land, and the latter receiving it from the former; or in law, where the game was not made on the land, but in sight of it.
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.
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.
Each
Every one of the two or more composing the whole.
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.
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.
Were
The name of a fine among the Saxons imposed upon a murderer
Parties
Contracts. Those persons who engage themselves to do, or not to do the matters and things contained in an agreement.
Jure
By law; by right; in right; as, jure civilis, by the civil law; jure gentium, by the law of nations; jure representationis, by right of representation; jure uxoris, in right of a wife.
Witnesses
People who may have information of a Fraud based on observation.
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.
Record
1) Evidence. A written memorial made by a public officer authorized by law to perform that function, and intended to serve as evidence of something written, said, or done. 2) To record. The act of making a record.
Judex
1) The judge, one who declares the law, quijus dicit; one who administers justice between the parties to a cause, when lawfully submitted to him. 2) The judicial power, or the court. 3) Anciently, by judex was also understood a juror.
Magistrate
Mun. law. A public civil officer, invested with some part of the legislative, executive, or judicial power given by the constitution. In a narrower sense this term includes only inferior judicial officers, as justices of the peace.
Claim
A demand for resolution or remedy of a grievance, or for something that is rightly the claimant's. Example: A demand for payment to recover a loss protected by an insurance policy. A demand in a court of law filed by a claimant on any juridical issue he / she considers.
Demand
Contracts. A claim; a legal obligation.
Answer
Practice. The declaration of a fact by a witness after a question has been put asking for it.
Cause
1) Civil law. It signifies the delivery of the thing, or the accomplishment of the act which is the object of a convention. 2) It is the consideration or motive for making a contract. 3) Pleading. The reason; the motive. 4) Practice. A contested question before a court of justice; it is a Suit or action.
Hearing
"1) Chwncery practice. The term, hearing is given to the trial of a chancery suit. 2) Criminal law. The examination of a prisoner charged with a crime or misdemeanor, and of the witnesses for the accuser.
Pleading
Practice. The statement in a logical, and legal form, of the facts which constitute the plaintiff's cause of action, or the defendant's ground of defence; it is the formal mode of alleging that on the record, which would be the support, or the defence of the party in evidence.
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.
Issue
1) Kindred. This term is of very extensive import, in its most enlarged signification, and includes all persons who have descended from a common ancestor. But when this word is used in a will, in order to give effect to the testator's intention it will be construed in a more restricted sense than its legal import conveys. 2) Pleading. An issue, in pleading, is defined to be a single, certain and material point issuing out of the allegations of the parties, and consisting, regularly, of an affirmative and negative. In common parlance, issue also signifies the entry of the pleadings.
SIMILAR TERMS--------------------------------------
Litigant
One engaged in a suit; one fond of litigation.
Litigation
A lawsuit is a civil action brought before a court in order to recover a right, obtain damages for an injury, obtain an injunction to prevent an injury, or obtain a declaratory judgment to prevent future legal disputes. It usually involves dispute resolution of private law issues between individuals, business entities or non-profit organizations.
Litigation financing
Strategies aiming at the financing of litigation expenses.
Litigation funding
Funding of litigation expenses.
Litigation support
Economic or other support to a given 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.
Litis magister
He who controls a suit.
Litispendence
The part of an action being depending and undetermined; the time during which an action is pending.
PREVIOUS AND NEXT TERMS--------------------------------------
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.
Litis contestatio
Litis magister
He who controls a suit.
Litispendence
The part of an action being depending and undetermined; the time during which an action is pending.
Litre
A French measure of capacity. It is of the size of a decimetre, or one-tenth part of a cubic metre. It is equal to 61.028 cubic inches.
Livery
English law. 1) The delivery of possession of lands to those tenants who hold of the king in capite, or knight's service. 2) Livery was also the name of a writ which lay for the heir of age, to obtain the possession of seisin of his lands at the king's hands. 3) It signifies, in the third place, the clothes given by a nobleman or gentleman to his servant.
Livery of seisin
Estates. A delivery of possession of lands, tenements, and hereditaments, unto one entitled to the same. This was a ceremony used in the common law for the conveyance of real estate; and the livery was in deed, which was performed by the feoffor and the feoffee going upon the land, and the latter receiving it from the former; or in law, where the game was not made on the land, but in sight of it.
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This dictionary contains 8526 terms.
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