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| This dictionary contains: 8526 juridical terms |
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Mixed actions
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Mixed actionspractice. An action partaking of a real and personal action by which real property is demanded, and damages for a wrong sustained: an ejectment is of this nature.
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.
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.
Real
1) A term which is applied to land in its most enlarged signification. Real security, therefore, means the security of mortgages or other incumbrances affecting lands. 2) In the civil law, real has not the same meaning as it has in the common law. There it signifies what relates to a thing, whether it be movable or immovable, lands or goods; thus, a real injury is one which is done to a thing, as a trespass to property, whether it be real or personal in the common law sense. A real statute is one which relates to a thing, in contradistinction to such as relate to a person.
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.
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.
Wrong
An injury; a tort a violation of right. In its most usual sense, wrong signifies an injury committed to the person or property of another, or to his relative rights, unconnected with contract; and these wrongs are committed with or without force. But in a more extended signification, wrong includes the violation of a contract; a failure by a man to perform his undertaking or promise is a wrong or injury to him to whom it was made.
SIMILAR TERMS--------------------------------------
Mixed
To join; to mingle. A compound made of several simples is said to be something mixed.
Mixed government
A government composed of some of the powers of a monarchical, aristocratical, and democratical government.
Mixed jurisdiction
A country or a political subdivision of a country in which a mixed legal system (infra) prevails.
Mixed legal system
A legal system in which the law in force is derived from more than one legal tradition or legal family. For example, in Scotland, South Africa, Louisiana and Quebec, the basic private law is derived partly from the civil law tradition (supra) and partly from the common law tradition (supra).
Mixed or compound larceny
Criminal law. A larceny which has all the properties of simple larceny, and is accompanied with one or both the aggravations of violence to the person or taking from the house.
Mixed property
That kind of property which is not altogether real nor personal, but a compound of both. Heir-looms, tomb-stones, monuments in a church, and title deeds to an estate, are of this nature.
PREVIOUS AND NEXT TERMS--------------------------------------
Mitior sensus
Construction. The more lenient sense. It was formerly held in actions for libel and slander, that when two or more constructions could be put upon the words, one of which would not be actionable the words were to be so construed, for verba accipienda sunt in mitiore sensu. 4 Co. 13, 20. It is now, however, well established, that they are not to be taken in the more lenient, or more severe sense, but in the sense which fairly belongs to them, and which they were intended to convey.
Mitter
Law-French. To put, to send, or to pass; as mitter' l'estate, to pass the estate; mitter le droit, to pass a right.
Mittimus
The name of an order in writing, issuing from a court and directing the sheriff or other officer to convey a person to a prison, asylum, or reformatory, and directing the jailer or other appropriate official to receive and safely keep the person until his or her fate shall be determined by due course of law.
Mittimus, crim
1) English practice. A writ enclosing a record sent to be tried in a county palatine; it derives its name from the Latin word mittimus, "we send." It is the jury process of these counties, and commands the proper officer of the county palatine to command the sheriff to summon the jury for the trial of the cause, and to return the record, &c. 2) Criminal law, practice. A precept in writing, under the hand and seal of a justice of the peace, or other competent officer, directed to the gaoler or keeper of a prison, commanding him to receive and safely keep, a person charged with an offence therein named until he shall be delivered by due course of law.
Mixed
To join; to mingle. A compound made of several simples is said to be something mixed.
Mixed actions
Mixed government
A government composed of some of the powers of a monarchical, aristocratical, and democratical government.
Mixed jurisdiction
A country or a political subdivision of a country in which a mixed legal system (infra) prevails.
Mixed legal system
A legal system in which the law in force is derived from more than one legal tradition or legal family. For example, in Scotland, South Africa, Louisiana and Quebec, the basic private law is derived partly from the civil law tradition (supra) and partly from the common law tradition (supra).
Mixed or compound larceny
Criminal law. A larceny which has all the properties of simple larceny, and is accompanied with one or both the aggravations of violence to the person or taking from the house.
Mixed property
That kind of property which is not altogether real nor personal, but a compound of both. Heir-looms, tomb-stones, monuments in a church, and title deeds to an estate, are of this nature.
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.
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.
Real
1) A term which is applied to land in its most enlarged signification. Real security, therefore, means the security of mortgages or other incumbrances affecting lands. 2) In the civil law, real has not the same meaning as it has in the common law. There it signifies what relates to a thing, whether it be movable or immovable, lands or goods; thus, a real injury is one which is done to a thing, as a trespass to property, whether it be real or personal in the common law sense. A real statute is one which relates to a thing, in contradistinction to such as relate to a person.
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.
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.
Wrong
An injury; a tort a violation of right. In its most usual sense, wrong signifies an injury committed to the person or property of another, or to his relative rights, unconnected with contract; and these wrongs are committed with or without force. But in a more extended signification, wrong includes the violation of a contract; a failure by a man to perform his undertaking or promise is a wrong or injury to him to whom it was made.
SIMILAR TERMS--------------------------------------
Mixed
To join; to mingle. A compound made of several simples is said to be something mixed.
Mixed government
A government composed of some of the powers of a monarchical, aristocratical, and democratical government.
Mixed jurisdiction
A country or a political subdivision of a country in which a mixed legal system (infra) prevails.
Mixed legal system
A legal system in which the law in force is derived from more than one legal tradition or legal family. For example, in Scotland, South Africa, Louisiana and Quebec, the basic private law is derived partly from the civil law tradition (supra) and partly from the common law tradition (supra).
Mixed or compound larceny
Criminal law. A larceny which has all the properties of simple larceny, and is accompanied with one or both the aggravations of violence to the person or taking from the house.
Mixed property
That kind of property which is not altogether real nor personal, but a compound of both. Heir-looms, tomb-stones, monuments in a church, and title deeds to an estate, are of this nature.
PREVIOUS AND NEXT TERMS--------------------------------------
Mitior sensus
Construction. The more lenient sense. It was formerly held in actions for libel and slander, that when two or more constructions could be put upon the words, one of which would not be actionable the words were to be so construed, for verba accipienda sunt in mitiore sensu. 4 Co. 13, 20. It is now, however, well established, that they are not to be taken in the more lenient, or more severe sense, but in the sense which fairly belongs to them, and which they were intended to convey.
Mitter
Law-French. To put, to send, or to pass; as mitter' l'estate, to pass the estate; mitter le droit, to pass a right.
Mittimus
The name of an order in writing, issuing from a court and directing the sheriff or other officer to convey a person to a prison, asylum, or reformatory, and directing the jailer or other appropriate official to receive and safely keep the person until his or her fate shall be determined by due course of law.
Mittimus, crim
1) English practice. A writ enclosing a record sent to be tried in a county palatine; it derives its name from the Latin word mittimus, "we send." It is the jury process of these counties, and commands the proper officer of the county palatine to command the sheriff to summon the jury for the trial of the cause, and to return the record, &c. 2) Criminal law, practice. A precept in writing, under the hand and seal of a justice of the peace, or other competent officer, directed to the gaoler or keeper of a prison, commanding him to receive and safely keep, a person charged with an offence therein named until he shall be delivered by due course of law.
Mixed
To join; to mingle. A compound made of several simples is said to be something mixed.
Mixed actions
Mixed government
A government composed of some of the powers of a monarchical, aristocratical, and democratical government.
Mixed jurisdiction
A country or a political subdivision of a country in which a mixed legal system (infra) prevails.
Mixed legal system
A legal system in which the law in force is derived from more than one legal tradition or legal family. For example, in Scotland, South Africa, Louisiana and Quebec, the basic private law is derived partly from the civil law tradition (supra) and partly from the common law tradition (supra).
Mixed or compound larceny
Criminal law. A larceny which has all the properties of simple larceny, and is accompanied with one or both the aggravations of violence to the person or taking from the house.
Mixed property
That kind of property which is not altogether real nor personal, but a compound of both. Heir-looms, tomb-stones, monuments in a church, and title deeds to an estate, are of this nature.
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This dictionary contains 8526 terms.
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