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| This dictionary contains: 8526 juridical terms |
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Mandamus
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MandamusPractice. The name of a writ, the principal word of which when the proceedings were in Latin, was mandamus, we command.
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.
Name
One or more words used to distinguish a particular individual, as Socrates, Benjamin Franklin.
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).
Principal
1) This word has several meanings. It is used in opposition to accessary, to show the degree of crime committed by two persons; thus, we say, the principal is more guilty than the accessary after the fact. 2) Contracts. One who, being competent to contract, and who is sui juris, employs another to do any act for his own benefit, or on his own account. 3) Criminal law. A principal is one who is the actor in the commission of a crime.
Word
Construction. One or more syllables which when united convey an idea a single part of speech.
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.
Were
The name of a fine among the Saxons imposed upon a murderer
Mandamus
Practice. The name of a writ, the principal word of which when the proceedings were in Latin, was mandamus, we command.
Command
1) It signifies an order; an apprentice is bound to obey the lawful command of his master; a constable may command rioters to keep the peace. 2) He who commands another to do an unlawful act, is accessary to it. 3) Command is also equivalent to deputation or voluntary substitution; as, when a master employs one to do a thing, he is said to have Commanded him to do it; and he is responsible accordingly.
SIMILAR TERMS--------------------------------------
Mandant
The principal in the contract of mandate is so called.
Mandatarius
One who is entrusted with and undertakes to perform a mandate. This word is used by the civilians in the same sense that we use mandatary.
Mandatary
Contracts. One who undertakes to perform a mandate.
Mandate
1) Mandatum or commission, contracts. Sir William Jones defines a mandate to be a bailment of goods without reward, to be carried from place to place, or to have some act performed about them. This seems more properly an enumeration of the various sorts of mandates than a definition of the contract. According to Mr. Justice Story, it is a bailment of personal property, in regard to which the bailee engages to do some act without reward. 2) Practice. A judicial command or precept issued by a court or magi- trate, directing the proper officer to enforce a judgment, sentence or decree.
Mandator
Contracts. The person employing another to perform a mandate.
Mandatory rules
In the conflict of laws, mandatory rules are compulsorily applicable rules of law, found in applicable international conventions or national statutes, which cannot be contracted out of. In some cases, they may also be rules, which apply regardless of the law otherwise applicable under the forum's rules of private international law. Mandatory rules frequently give effect to social and economic policies deemed by the country concerned to be of overriding importance, particularly in fields such as consumer protection, employment, monetary and fiscal policy. In maritime law, the Hague/Visby (supra) and Hamburg Rules (supra) on the carriage of goods by sea, and various national statutes making those rules compulsorily applicable, are examples of mandatory rules.
Mandavi ballivo
English law. The return made by a sheriff, when he has committed the execution of a writ to a bailiff of a liberty, who has the right to execute the writ.
PREVIOUS AND NEXT TERMS--------------------------------------
Malversation
French law. This word is applied to all punishable faults committed in the exercise of an office, such as corruptions, exactions, extortions and larceny.
Man
A human being. This definition includes not only the adult male sex of the human species, but women and children; examples: "of offences against man, some are more immediately against the king, other's more immediately against the subject." Hawk. P. C. book 1, c. 2, s. 1. Offences against the life of man come under the general name of homicide, which in our law signifies the killing of a man by a man.
Manager
A person, appointed or elected to manage the affairs of another, but the term is more usually applied to those officers of a corporation who are authorized to manage its affairs.
Manbote
In a barbarous age, when impunity could be purchased with money, the compensation which was paid for homicide was called manbote.
Mancipatio
Civil law. The act of transferring things called res mancipi. This is effected in the presence of not less than five witnesses, who must be Roman citizens and of the age of puberty, and also in the presence of another person of the same condition, who holds a pair of brazen scales, and hence is called Libripens. The purchaser (qui mancipio accipit) taking hold of the thing, says I affirm that this slave (homo) is mine, ex jure quiritium, and he is purchased by me with this piece of money (sas) and brazen scales. He then strikes the scales with the piece of money and gives it to the seller as a symbol of the price (quasi pretii loco.) The purchaser or person to whom the mancipatio was made did not acquire the possession of the mancipatio; for the acquisition of possession was a separate act.
Mandamus
Mandant
The principal in the contract of mandate is so called.
Mandatarius
One who is entrusted with and undertakes to perform a mandate. This word is used by the civilians in the same sense that we use mandatary.
Mandatary
Contracts. One who undertakes to perform a mandate.
Mandate
1) Mandatum or commission, contracts. Sir William Jones defines a mandate to be a bailment of goods without reward, to be carried from place to place, or to have some act performed about them. This seems more properly an enumeration of the various sorts of mandates than a definition of the contract. According to Mr. Justice Story, it is a bailment of personal property, in regard to which the bailee engages to do some act without reward. 2) Practice. A judicial command or precept issued by a court or magi- trate, directing the proper officer to enforce a judgment, sentence or decree.
Mandator
Contracts. The person employing another to perform a mandate.
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.
Name
One or more words used to distinguish a particular individual, as Socrates, Benjamin Franklin.
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).
Principal
1) This word has several meanings. It is used in opposition to accessary, to show the degree of crime committed by two persons; thus, we say, the principal is more guilty than the accessary after the fact. 2) Contracts. One who, being competent to contract, and who is sui juris, employs another to do any act for his own benefit, or on his own account. 3) Criminal law. A principal is one who is the actor in the commission of a crime.
Word
Construction. One or more syllables which when united convey an idea a single part of speech.
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.
Were
The name of a fine among the Saxons imposed upon a murderer
Mandamus
Practice. The name of a writ, the principal word of which when the proceedings were in Latin, was mandamus, we command.
Command
1) It signifies an order; an apprentice is bound to obey the lawful command of his master; a constable may command rioters to keep the peace. 2) He who commands another to do an unlawful act, is accessary to it. 3) Command is also equivalent to deputation or voluntary substitution; as, when a master employs one to do a thing, he is said to have Commanded him to do it; and he is responsible accordingly.
SIMILAR TERMS--------------------------------------
Mandant
The principal in the contract of mandate is so called.
Mandatarius
One who is entrusted with and undertakes to perform a mandate. This word is used by the civilians in the same sense that we use mandatary.
Mandatary
Contracts. One who undertakes to perform a mandate.
Mandate
1) Mandatum or commission, contracts. Sir William Jones defines a mandate to be a bailment of goods without reward, to be carried from place to place, or to have some act performed about them. This seems more properly an enumeration of the various sorts of mandates than a definition of the contract. According to Mr. Justice Story, it is a bailment of personal property, in regard to which the bailee engages to do some act without reward. 2) Practice. A judicial command or precept issued by a court or magi- trate, directing the proper officer to enforce a judgment, sentence or decree.
Mandator
Contracts. The person employing another to perform a mandate.
Mandatory rules
In the conflict of laws, mandatory rules are compulsorily applicable rules of law, found in applicable international conventions or national statutes, which cannot be contracted out of. In some cases, they may also be rules, which apply regardless of the law otherwise applicable under the forum's rules of private international law. Mandatory rules frequently give effect to social and economic policies deemed by the country concerned to be of overriding importance, particularly in fields such as consumer protection, employment, monetary and fiscal policy. In maritime law, the Hague/Visby (supra) and Hamburg Rules (supra) on the carriage of goods by sea, and various national statutes making those rules compulsorily applicable, are examples of mandatory rules.
Mandavi ballivo
English law. The return made by a sheriff, when he has committed the execution of a writ to a bailiff of a liberty, who has the right to execute the writ.
PREVIOUS AND NEXT TERMS--------------------------------------
Malversation
French law. This word is applied to all punishable faults committed in the exercise of an office, such as corruptions, exactions, extortions and larceny.
Man
A human being. This definition includes not only the adult male sex of the human species, but women and children; examples: "of offences against man, some are more immediately against the king, other's more immediately against the subject." Hawk. P. C. book 1, c. 2, s. 1. Offences against the life of man come under the general name of homicide, which in our law signifies the killing of a man by a man.
Manager
A person, appointed or elected to manage the affairs of another, but the term is more usually applied to those officers of a corporation who are authorized to manage its affairs.
Manbote
In a barbarous age, when impunity could be purchased with money, the compensation which was paid for homicide was called manbote.
Mancipatio
Civil law. The act of transferring things called res mancipi. This is effected in the presence of not less than five witnesses, who must be Roman citizens and of the age of puberty, and also in the presence of another person of the same condition, who holds a pair of brazen scales, and hence is called Libripens. The purchaser (qui mancipio accipit) taking hold of the thing, says I affirm that this slave (homo) is mine, ex jure quiritium, and he is purchased by me with this piece of money (sas) and brazen scales. He then strikes the scales with the piece of money and gives it to the seller as a symbol of the price (quasi pretii loco.) The purchaser or person to whom the mancipatio was made did not acquire the possession of the mancipatio; for the acquisition of possession was a separate act.
Mandamus
Mandant
The principal in the contract of mandate is so called.
Mandatarius
One who is entrusted with and undertakes to perform a mandate. This word is used by the civilians in the same sense that we use mandatary.
Mandatary
Contracts. One who undertakes to perform a mandate.
Mandate
1) Mandatum or commission, contracts. Sir William Jones defines a mandate to be a bailment of goods without reward, to be carried from place to place, or to have some act performed about them. This seems more properly an enumeration of the various sorts of mandates than a definition of the contract. According to Mr. Justice Story, it is a bailment of personal property, in regard to which the bailee engages to do some act without reward. 2) Practice. A judicial command or precept issued by a court or magi- trate, directing the proper officer to enforce a judgment, sentence or decree.
Mandator
Contracts. The person employing another to perform a mandate.
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This dictionary contains 8526 terms.
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