Juridical Dictionary

This dictionary contains:
8526
juridical terms

Magistracy




Magistracy

Mun. law. In its most enlarged signification, this term includes all officers, legislative, executive, and judicial. For example, in most of the state constitutions will be found this provision; "the powers of the government are divided into three distinct departments, and each of these is confided to a separate magistracy, to wit: those which are legislative, to one; those which are executive, to another; and those which are judiciary, to another." In a more confined sense, it signifies the body of officers whose duty it is to put the laws in force; as, judges, justices of the peace, and the like. In a still narrower sense it is employed to designate the body of justices of peace. It is also used for the office of a magistrate.

RELATED TERMS
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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.

Signification
French law. The notice given of a decree, sentence or other judicial act.

Term
1) Construction. Word; expression speech. 2) Contracts. This word is used in the civil, law to denote the space of time granted to the debtor for discharging his obligation; there are express terms resulting from the positive stipulations of the agreement; as, where one undertakes to pay a certain sum on a certain day and also terms which tacitly result from the nature of the things which are the object of the engagement, or from the place where the act is agreed to be done. For instance, if a builder engage to construct a house for me, I must allow a reasonable time for fulfilling his engagement. 3) Estates. The limitation of an estate, as a term for years, for life, and the like. The word term does not merely signify the time specified in the lease, but the estate also and interest that passes by that lease; and therefore the term may expire during the continuance of the time, as by surrender, forfeiture and the like. 4) Practice. The space of time during which a court holds a session; sometimes the term is a monthly, at others it is a quarterly period, according to the constitution of the court.

Executive
Government. That power in the government which causes the laws to be executed and obeyed: it is usually. confided to the hands of the chief magistrate; the president of the United States is invested with this authority under the national government; and the governor of each state has the executive power in his hands.

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

Example
An example is a case put to illustrate a. principle.

State
1) Government. In its most enlarged sense, it signifies a self-sufficient body of persons united together in one community for the defence of their rights, and to do right and justice to foreigners. In this sense, the state means the whole people united into one body politic; and the state, and the people of the state, are equivalent expressions. 2) Condition of persons. This word has various acceptations. If we inquire into its origin, it will be found to come from the Latin status, which is derived from the verb stare, sto, whence has been made statio, which signifies the place where a person is located, stat, to fulfil the obligations which are imposed upon him.

Will
A will is a legal document in which a person directs how his property is to be distributed after his death. Such documents must be executed in due form and must be duly witnessed.

Provision
1) Common law. The property which a drawer of a bill of exchange places in the hands of a drawee; as, for example, by remittances, or when the drawee is indebted to the drawer when the bill becomes due, provision is said to have been made. Acceptance always presumes a provision. 2) French law. An allowance granted by a judge to a party for his support; which is to be paid before there is a definitive judgment. In a civil case, for example, it is an allowance made to a wife who is separated from her hushand.

Government
"natural and political law. The manner in which sovereignty is exercised in each state. There are three simple forms of government, the democratic, the aristocratic, and monarchical. But these three simple forms may be varied to infinity by the mixture and divisions of their different powers. Sometimes by the word government is understood the body of men, or the individual in the state, to whom is entrusted the executive power. It is taken in this sense when the government is spoken of in opposition to other bodies in the state.

Each
Every one of the two or more composing the whole.

Magistracy
Mun. law. In its most enlarged signification, this term includes all officers, legislative, executive, and judicial. For example, in most of the state constitutions will be found this provision; "the powers of the government are divided into three distinct departments, and each of these is confided to a separate magistracy, to wit: those which are legislative, to one; those which are executive, to another; and those which are judiciary, to another." In a more confined sense, it signifies the body of officers whose duty it is to put the laws in force; as, judges, justices of the peace, and the like. In a still narrower sense it is employed to designate the body of justices of peace. It is also used for the office of a magistrate.

Wit
To wit. That is to say; namely; scilicet; videlicet.

Judiciary
That which is done while administering justice; the judges taken collectively; as, the liberties of the people are secured by a wise and independent judiciary.

Body
A person.

Justices
1) The constant and perpetual disposition to render every man his due. Toullier defines it to be the conformity of our actions and our will to the law. In the most extensive sense of the word, it differs little from virtue, for it includes within itself the whole circle of virtues. Yet the common distinction between them is that that which considered positively and in itself, is called virtue, when considered relatively and with respect to others, has the name of justice. 2) Judges. Officers appointed by a competent authority to administer justice. They are so called, because, in ancient times the Latin word for judge was justicia. This term is in common parlance used to designate justices of the peace.

Peace
The tranquillity enjoyed by a political society, internally, by the good order which reigns among its members, and externally, by the good understanding it has with all other nations. Applied to the internal regulations of a nation, peace imports, in a technical sense, not merely a state of repose and security, as opposed to one of violence and warfare, but likewise a state of public order and decorum.

Employed
One who is in the service of another. Such a person is entitled to rights and liable to.perform certain duties.

Office
An office is a right to exercise a public function or employment, and to take the fees and emoluments belonging to it

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.



SIMILAR TERMS
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Magister
A master, a ruler, one whose learning and position makes him su- perior to others, thus: one who has attained to a high degree, or eminence, in science and literature, is called a master; as, master of arts.

Magister ad facultates
English ecclesiastical law. The title of an officer who grants dispensations; as, to marry, to eat flesh on days prohibited, and the like.

Magister navis
The master of a ship; a sea captain.

Magister societatis
Civil law. The principal manager of the business of a society or partnership.

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.



PREVIOUS AND NEXT TERMS
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Made known
These words are used as a return to a scire facias, when it has been served on the defendant.

Magister
A master, a ruler, one whose learning and position makes him su- perior to others, thus: one who has attained to a high degree, or eminence, in science and literature, is called a master; as, master of arts.

Magister ad facultates
English ecclesiastical law. The title of an officer who grants dispensations; as, to marry, to eat flesh on days prohibited, and the like.

Magister navis
The master of a ship; a sea captain.

Magister societatis
Civil law. The principal manager of the business of a society or partnership.

Magistracy

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.

Magna carta
Charter to which subscribed King John of England on June 12, 1215 in which a basic set of limits were set on the King's powers. King John had ruled tyrannically. His barons rebelled and committed themselves to war with King John unless he agreed to the Charter. Held to be the precursor of habeas corpus as Article 39 of the Magna Carta held that no man shall be "imprisoned, exiled or destroyed ... except by lawful judgment of his peers or by the law of the land".

Magna Charta
The great charter. The name of an instrument granted by King John, June 19, 1215, which secured to the English people many liberties which had before been invaded, and provided against many abuses which before rendered liberty a mere name.

Magnum opus
(United Kingdom) A great work of literature.

Maiden
The name of an instrument formerly used in Scotland for beheading criminals.

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This dictionary contains 8526 terms.







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