|
 |
||
 |
| This dictionary contains: 8526 juridical terms |
 |
Mandate
|
|
Mandate1) 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.
RELATED TERMS--------------------------------------
Commission
1) Contracts, civil law. When one undertakes, without reward, to do something for another in respect to a thing bailed. This term is frequently used synonymously with mandate. 2) Criminal law. The act of perpetrating an offence. 3) Office. Persons authorized to act in a certain matter. 4) practice. An instrument issued by a court of, justice, or other competent tribunal, to authorize a person to take depositions, or do any other act by authority of such court, or tribunal, is called a commission. 5) Government. Letters-patent granted by the government, under the public seal, to a person appointed to an office, giving him authority to perform the duties of his office.
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.
Bailment
The transfer of possession of something (by the bailor) to another person (called the bailee) for some temporary purpose (eg. storage) after which the property is either returned to the bailor or otherwise disposed of in accordance with the contract of bailment.
Without
Pleading. This word is adopted in formal traverses, and is a negative signifying "and not for;" accordingly the language of the elder entries sometimes is, It et nemy pur tiel cause.
Reward
An offer of recompense given by authority of law for the performance of some act for the public good; which, when the act has been performed, is to be paid; or it is the recompense actually paid.
Place
Pleading, evidence. A particular portion of space; locality.
Definition
An enumeration of the particular acts included by or under a name: as, the definition of a crime.
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.
Justice
Fairness. A state of affairs in which conduct or action is both fair and right, given the circumstances. In law, it more specifically refers to the paramount obligation to ensure that all persons are treated fairly. Litigants "seek justice" by asking for compensation for wrongs committed against them; to right the inequity such that, with the compensation, a wrong has been righted and the balance of "good" or "virtue" over "wrong" or "evil" has been corrected.
Personal
Belonging to the person.
Property
Property is commonly thought of as a thing which belongs to someone and over which a person has total control. But, legally, it is more properly defined as a collection of legal rights over a thing. These rights are usually total and fully enforceable by the state or the owner against others. It has been said that "property and law were born and die together. Before laws were made there was no property. Take away laws and property ceases." before laws were written and enforced, property had no relevance. Possession was all that mattered. There are many classifications of property, the most common being between real property or immoveable property (real estate such as land or buildings) and "chattel", or "moveable" (things which are not attached to the land such as a bicycle, a car or a hammer) and between public (property belonging to everybody or to the state) and private property.
Bailee
The person who receives property through a contract of bailment, from the bailor, and who may be committed to certain duties of care towards the property while it remains in his or her possession.
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.
Judicial
Belonging, or emanating from a judge, as such.
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.
Precept
A writ directed to the sheriff or other officer, commanding him to do something. The term is derived from the operative praecipimus, we command.
Court
A body in government to which the administration of justice is delegated.
Proper
That which is essential, suitable, adapted, and correct.
Judgment
Practice. The decision or sentence of the law, given by a court of justice or other competent tribunal, as the result of proceedings instituted therein, for the redress of an injury.
Sentence
A judgment, or judicial declaration made by a judge in a cause. The term judgment is more usually applied to civil, and sentence to criminal proceedings.
Decree
1) Legislation. In some countries as in France, some acts of the legislature, or of the sovereign, which have the force of law, are called decrees. 2) Practice. The judgment or sentence of a court of equity.
SIMILAR TERMS--------------------------------------
Mandamus
Practice. The name of a writ, the principal word of which when the proceedings were in Latin, was mandamus, we command.
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.
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--------------------------------------
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
Practice. The name of a writ, the principal word of which when the proceedings were in Latin, was mandamus, we command.
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
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.
Manhood
The ceremony of doing homage by the vassal to his lord was de- nominated homagium or manhood, by the feudists. The formula used was devenio vester homo, I become you.
Mania
Medical jurisprudence. This subject will be considered by examining it, first, in a medical point of view; and, secondly, as to its legal consequences. Mania may be divided into intellectual and moral.
RELATED TERMS--------------------------------------
Commission
1) Contracts, civil law. When one undertakes, without reward, to do something for another in respect to a thing bailed. This term is frequently used synonymously with mandate. 2) Criminal law. The act of perpetrating an offence. 3) Office. Persons authorized to act in a certain matter. 4) practice. An instrument issued by a court of, justice, or other competent tribunal, to authorize a person to take depositions, or do any other act by authority of such court, or tribunal, is called a commission. 5) Government. Letters-patent granted by the government, under the public seal, to a person appointed to an office, giving him authority to perform the duties of his office.
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.
Bailment
The transfer of possession of something (by the bailor) to another person (called the bailee) for some temporary purpose (eg. storage) after which the property is either returned to the bailor or otherwise disposed of in accordance with the contract of bailment.
Without
Pleading. This word is adopted in formal traverses, and is a negative signifying "and not for;" accordingly the language of the elder entries sometimes is, It et nemy pur tiel cause.
Reward
An offer of recompense given by authority of law for the performance of some act for the public good; which, when the act has been performed, is to be paid; or it is the recompense actually paid.
Place
Pleading, evidence. A particular portion of space; locality.
Definition
An enumeration of the particular acts included by or under a name: as, the definition of a crime.
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.
Justice
Fairness. A state of affairs in which conduct or action is both fair and right, given the circumstances. In law, it more specifically refers to the paramount obligation to ensure that all persons are treated fairly. Litigants "seek justice" by asking for compensation for wrongs committed against them; to right the inequity such that, with the compensation, a wrong has been righted and the balance of "good" or "virtue" over "wrong" or "evil" has been corrected.
Personal
Belonging to the person.
Property
Property is commonly thought of as a thing which belongs to someone and over which a person has total control. But, legally, it is more properly defined as a collection of legal rights over a thing. These rights are usually total and fully enforceable by the state or the owner against others. It has been said that "property and law were born and die together. Before laws were made there was no property. Take away laws and property ceases." before laws were written and enforced, property had no relevance. Possession was all that mattered. There are many classifications of property, the most common being between real property or immoveable property (real estate such as land or buildings) and "chattel", or "moveable" (things which are not attached to the land such as a bicycle, a car or a hammer) and between public (property belonging to everybody or to the state) and private property.
Bailee
The person who receives property through a contract of bailment, from the bailor, and who may be committed to certain duties of care towards the property while it remains in his or her possession.
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.
Judicial
Belonging, or emanating from a judge, as such.
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.
Precept
A writ directed to the sheriff or other officer, commanding him to do something. The term is derived from the operative praecipimus, we command.
Court
A body in government to which the administration of justice is delegated.
Proper
That which is essential, suitable, adapted, and correct.
Judgment
Practice. The decision or sentence of the law, given by a court of justice or other competent tribunal, as the result of proceedings instituted therein, for the redress of an injury.
Sentence
A judgment, or judicial declaration made by a judge in a cause. The term judgment is more usually applied to civil, and sentence to criminal proceedings.
Decree
1) Legislation. In some countries as in France, some acts of the legislature, or of the sovereign, which have the force of law, are called decrees. 2) Practice. The judgment or sentence of a court of equity.
SIMILAR TERMS--------------------------------------
Mandamus
Practice. The name of a writ, the principal word of which when the proceedings were in Latin, was mandamus, we command.
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.
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--------------------------------------
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
Practice. The name of a writ, the principal word of which when the proceedings were in Latin, was mandamus, we command.
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
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.
Manhood
The ceremony of doing homage by the vassal to his lord was de- nominated homagium or manhood, by the feudists. The formula used was devenio vester homo, I become you.
Mania
Medical jurisprudence. This subject will be considered by examining it, first, in a medical point of view; and, secondly, as to its legal consequences. Mania may be divided into intellectual and moral.
We thank you for using the Juridical Dictionary to search for Mandate. If you have a better definition for Mandate than the one presented here, please let us know by making use of the suggest a term option. This definition of Mandate may be disputed by other professionals. Our attempt is to provide easy definitions on Mandate and any other medical topic for the public at large.
This dictionary contains 8526 terms.
|
|