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| This dictionary contains: 8526 juridical terms |
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Misrecital
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MisrecitalContracts, pleading. The incorrect recital of a matter of fact, either in an agreement or a plea; under the latter term is here understood the declaration and all the subsequent pleadings.
RELATED TERMS--------------------------------------
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.
Recital
Contracts, pleading. The repetition of some former writing, or the statement of something which has been done.
Matter
Some substantial or essential thing, opposed to form; facts.
Fact
An action; a thing done. It is either simple or compound.
Agreement
A verbal or written resolution of disputes.
Plea
1) Chancery practice. "A plea," says Lord Bacon, speaking of proceedings in courts of equity, "is a foreign matter to discharge or stay the suit." 2) Practice. The defendant's answer by matter of fact, to the plaintiff's declaration.
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.
Pleadings
That part of a party's case in which he or she formally sets out the facts and legal arguments which support that party's position. Pleadings can be in writing or they can be made verbally to a court, during the trial.
SIMILAR TERMS--------------------------------------
Misreading
Contracts. When a deed is read falsely to an illiterate or blind man, who is a party to it, such false reading amounts to a fraud, because the contract never had the assent of both parties.
Misrepresentation
A false and material statement which induces a party to enter into a contract. This is a ground for rescission of the contract.
PREVIOUS AND NEXT TERMS--------------------------------------
Mis-joinder
When a person has been named as a party to a law suit when that person should not have been added. When this is asserted, a court will usually accommodate a request to amend the court documents to strike, or substitute for, the name of the mis-joined party. Compare with non-joinder.
Misnomer
The act of using a wrong name. Misnomers, may be considered with regard to contracts, to devises and bequests, and to suits or actions.
Mispleading
Pleading incorrectly, or omitting anything in pleading which is essential to the support or defence of an action, is so called.
Misprison
Criminal law. 1) In its larger sense, this word is used to signify every considerable misdemeanor, which has not a certain name given to it in the law; and it is said that a misprision is contained in every treason or felony whatever. 2) In its narrower sense it is the concealment of a crime. 3) Misprison of felony, is the like concealment of felony, without giving any degree of maintenance to the felon; Act of Congress of April 30, 1790.
Misreading
Contracts. When a deed is read falsely to an illiterate or blind man, who is a party to it, such false reading amounts to a fraud, because the contract never had the assent of both parties.
Misrecital
Misrepresentation
A false and material statement which induces a party to enter into a contract. This is a ground for rescission of the contract.
Missing ship
Maritime law. When a ship or other vessel has been at sea for a much longer time than she ought to have been, she is presumed to have perished there with all on board, and such a vessel is called a missing ship.
Mississippi
The name of one of the new states of the United States of America. This state was admitted into the Union, by a resolution of congress, passed the 10th day of December, 1817; 3 Story's L. U. S. 1716; by which it is "Resolved, that the state of Mississippi, shall be one, and is hereby declared to be one of the United States of America, and admitted into the Union on an equal footing with these original states, in all respects whatever."
Mistake
Contracts. An error committed in relation to some matter of fact affecting the rights of one of the parties to a contract.
Mistery
Mistery or Mystery.This word is said to be derived from the French mestier now written mātier, a trade. In law it signifies a trade, art, or occupation.
RELATED TERMS--------------------------------------
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.
Recital
Contracts, pleading. The repetition of some former writing, or the statement of something which has been done.
Matter
Some substantial or essential thing, opposed to form; facts.
Fact
An action; a thing done. It is either simple or compound.
Agreement
A verbal or written resolution of disputes.
Plea
1) Chancery practice. "A plea," says Lord Bacon, speaking of proceedings in courts of equity, "is a foreign matter to discharge or stay the suit." 2) Practice. The defendant's answer by matter of fact, to the plaintiff's declaration.
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.
Pleadings
That part of a party's case in which he or she formally sets out the facts and legal arguments which support that party's position. Pleadings can be in writing or they can be made verbally to a court, during the trial.
SIMILAR TERMS--------------------------------------
Misreading
Contracts. When a deed is read falsely to an illiterate or blind man, who is a party to it, such false reading amounts to a fraud, because the contract never had the assent of both parties.
Misrepresentation
A false and material statement which induces a party to enter into a contract. This is a ground for rescission of the contract.
PREVIOUS AND NEXT TERMS--------------------------------------
Mis-joinder
When a person has been named as a party to a law suit when that person should not have been added. When this is asserted, a court will usually accommodate a request to amend the court documents to strike, or substitute for, the name of the mis-joined party. Compare with non-joinder.
Misnomer
The act of using a wrong name. Misnomers, may be considered with regard to contracts, to devises and bequests, and to suits or actions.
Mispleading
Pleading incorrectly, or omitting anything in pleading which is essential to the support or defence of an action, is so called.
Misprison
Criminal law. 1) In its larger sense, this word is used to signify every considerable misdemeanor, which has not a certain name given to it in the law; and it is said that a misprision is contained in every treason or felony whatever. 2) In its narrower sense it is the concealment of a crime. 3) Misprison of felony, is the like concealment of felony, without giving any degree of maintenance to the felon; Act of Congress of April 30, 1790.
Misreading
Contracts. When a deed is read falsely to an illiterate or blind man, who is a party to it, such false reading amounts to a fraud, because the contract never had the assent of both parties.
Misrecital
Misrepresentation
A false and material statement which induces a party to enter into a contract. This is a ground for rescission of the contract.
Missing ship
Maritime law. When a ship or other vessel has been at sea for a much longer time than she ought to have been, she is presumed to have perished there with all on board, and such a vessel is called a missing ship.
Mississippi
The name of one of the new states of the United States of America. This state was admitted into the Union, by a resolution of congress, passed the 10th day of December, 1817; 3 Story's L. U. S. 1716; by which it is "Resolved, that the state of Mississippi, shall be one, and is hereby declared to be one of the United States of America, and admitted into the Union on an equal footing with these original states, in all respects whatever."
Mistake
Contracts. An error committed in relation to some matter of fact affecting the rights of one of the parties to a contract.
Mistery
Mistery or Mystery.This word is said to be derived from the French mestier now written mātier, a trade. In law it signifies a trade, art, or occupation.
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This dictionary contains 8526 terms.
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