Juridical Dictionary

This dictionary contains:
8526
juridical terms

Miscarrtage




Miscarrtage

Contracts, torts. By the English statute of frauds,it is enacted that "no action shall be brought to charge the defendant upon any special promise to answer for the debt, default, or miscarriage of another person, unless the agreement," &c. "shall be in writing," &c. The word miscarriage, in this statute comprehends that species of wrongful act, for the consequences of which the law would make the party civilly responsible. The wrongful riding the horse of another, without his leave or license, and thereby causing his death, is clearly an act for which the party is reasonsible in damages, and therefore, falls within the meaning of the word miscarriage.

RELATED TERMS
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Statute
The written will of the legislature, solemnly expressed according to the forms prescribed in the constitution; an act of the legislature.

Action
1) French commercial. Stock in a company, shares in a corporation. 2)Civil law. An action instituted to avoid a sale onaccount of some Vice or defect in the thing sold which readers it either absolutely useless, or its use so inconvenient and, imperfect, that it must be, supposed the buyer would not have purchased it, had he known of the vice.

Charge
1) Wills, devises. An obligation which a testator imposes on his devisee. 2) Contracts. An obligation entered into by the owner of an estate which makes the estate responsible for its performance. 3) Practice. The opinion expressed by the court to the jury, on the law arising out of a case before them.

Defendant
A party who is sued in a personal action.

Special
That which relates to a particular species or kind, opposed to general; as special verdict and general verdict; special imparlance and general imparlance; special jury, or one selected for a particular case, and general jury; special issue and general issue, &c.

Promise
Contracts. An engagement by which the promisor contracts towards another to perform or do something to the advantage of the latter.

Answer
Practice. The declaration of a fact by a witness after a question has been put asking for it.

Debt
Whatever one owes. A sum of money due by certain and express agreement.

Default
"1) The neglect to perform a legal obligation or duty; but in technical language by default is often understood the non-appearance of the defendant within the time prescribed by law, to defend himself; it also signifies the non-appearance of the plaintiff to prosecute his claim. 2) Contracts, torts. It is enacted that ""no action shall be brought to charge the defendant upon any special promise to answer for the debt, default, or miscarriage of another person, unless the agreement"", ""shall be in writing,"" By default under this statute is understood the non-performance of duty, though the same be not founded on a contract.

Miscarriage
1) Medical jurisprudence. By this word is technically understood the expul- sion of the ovum or embryo from the uterus within the first six weeks after conception; between that time and before the expiration of the sixth month, when the child may possibly live, it is termed abortion. When the delivery takes place soon after the sixth month, it is denominated premature labor. But the criminal act of destroying the foetus at any time before birth, is termed in law, procuring miscarriage.

Person
This word is applied to men, women and children, who are called natural persons.

Word
Construction. One or more syllables which when united convey an idea a single part of speech.

Act
1) Civil law, contracts. A writing which states in a legal form that a thing has been said, done, or agreed. 2) Evidence. The act of one of several conspirators, performed inpursuance of the common design, is evidence against all of them.

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.

Riding
English law. An ascertained district, part of a county. This term has the same meaning in Yorkshire which division has in Lincolnshire

Horse
Until a horse has attained the age of four years, he is called a colt. This word is sometimes used as a generic name for all animals of the horse kind

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.

License
1) Contracts. A right given by some competent authority to do an act, which without such authority would be illegal. The instrument or writing which secures this right, is also called a license. 2) International law. An authority given by one of two belligerent parties, to the citizens or subjects of the other, to carry on a specified trade. 3) Pleading. The name of a plea of justification to an action of trespass. A license must be specially pleaded, and cannot, like liberum tenementum, be given in evidence under the general issue.

Death
Cessation of life; extinction of political existence.

Damages
A cash compensation ordered by a court to offset losses or suffering caused by another's fault or negligence. Damages are a typical request made of a court when persons sue for breach of contract or tort.



SIMILAR TERMS
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Miscarriage
1) Medical jurisprudence. By this word is technically understood the expul- sion of the ovum or embryo from the uterus within the first six weeks after conception; between that time and before the expiration of the sixth month, when the child may possibly live, it is termed abortion. When the delivery takes place soon after the sixth month, it is denominated premature labor. But the criminal act of destroying the foetus at any time before birth, is termed in law, procuring miscarriage.

Miscarriage of justice
A miscarriage of justice means the conviction and punishment of a person for a crime that he/she did not commit.

Miscasting
By this term is not understood any pretended miscasting or mis- valuing, but simply an error in auditing and numbering.

Miscognlsant
This word, which is but little used, signifies ignorant or not knowing.

Misconduct
Unlawful behaviour by a person entrusted in any degree: with the administration of justice, by which the rights of the parties and the justice of the, case may have been affected.

Miscontinuance
Practice. By this term is understood a continuance of a suit by undue process. Its effect is the same as a discontinuance.



PREVIOUS AND NEXT TERMS
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Mis
A syllable which prefixed to some word signifies some fault or defect; as, misadventure, misprision, mistrial, and the like.

Misadventure
Criminal law, torts. An accident by which an injury occurs to another.

Misappropriation
A polite word for theft.

Misbehaviour.
Improper or unlawful conduct. A party guilty of misbehaviour; as, for example, to threaten to do injury to another, may be bound to his good behaviour and thus restrained.

Miscarriage
1) Medical jurisprudence. By this word is technically understood the expul- sion of the ovum or embryo from the uterus within the first six weeks after conception; between that time and before the expiration of the sixth month, when the child may possibly live, it is termed abortion. When the delivery takes place soon after the sixth month, it is denominated premature labor. But the criminal act of destroying the foetus at any time before birth, is termed in law, procuring miscarriage.

Miscarrtage

Miscasting
By this term is not understood any pretended miscasting or mis- valuing, but simply an error in auditing and numbering.

Miscognlsant
This word, which is but little used, signifies ignorant or not knowing.

Misconduct
Unlawful behaviour by a person entrusted in any degree: with the administration of justice, by which the rights of the parties and the justice of the, case may have been affected.

Miscontinuance
Practice. By this term is understood a continuance of a suit by undue process. Its effect is the same as a discontinuance.

Misdirection
Practice. An error made by a judge in charging the jury in a special case. Such misdirection is either in relation to matters of law or matters of fact.

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This dictionary contains 8526 terms.







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