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| This dictionary contains: 8526 juridical terms |
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Negative
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NegativeThis word has several significations: 1) It is used in contradistinction to giving assent; thus we say the president has put his negative upon such a bill. 2. It is also used in contradistinction to affirmative; as, a negative does not always admit of the simple and direct proof of which an affirmative is capable. When a party affirms a negative in his pleadings, and without the establishment of which, by evidence, he cannot recover or defend himself, the burden of the proof lies upon him, and he must prove the negative.
RELATED TERMS--------------------------------------
Word
Construction. One or more syllables which when united convey an idea a single part of speech.
Several
A state of separation or partition. A several agreement or cove-nant, is one entered into by two or more persons separately, each binding himself for the whole; a several action is one in which two or more persons are separately charged; a several inheritance, is one conveyed so as to descend, or come to two persons separately by moieties. Several is usually opposed to joint.
President
An officer of a company who is to direct the manner in which business is to be transacted. From the decision of the president there is an appeal to the body over which he presides.
Negative
This word has several significations: 1) It is used in contradistinction to giving assent; thus we say the president has put his negative upon such a bill. 2. It is also used in contradistinction to affirmative; as, a negative does not always admit of the simple and direct proof of which an affirmative is capable. When a party affirms a negative in his pleadings, and without the establishment of which, by evidence, he cannot recover or defend himself, the burden of the proof lies upon him, and he must prove the negative.
Bill
1) Legislation. An instrument drawn or presented by a member or committee to a legislative body for its approbation and enactment. After it has gone through both houses and received the constitutional sanction of the chief magistrate, where such approbation is requisite, it becomes a law. 2) Merchant law. An account containing the items of goods sold, or of work done by one person against another. 3) Contracts. A bill or obligation, is a deed whereby the obligor acknowledges himself to owe unto the obligee a certain sum of money or some other thing, in which, besides the names of the parties, are to be considered the sum or thing due, the time, place, and manner of payment or delivery thereof. It may be indented, or poll, and with or without a penalty.
Affirmative
Averring a fact to be true; that which is opposed to negative.
Simple
Not compounded, alone; as, simple interest, which is interest on the principal sum lent only and not interest on the interest; simple contract, &c.
Direct
Straight forward; not collateral.
Proof
Practice. The conviction or persuasion of the mind of a judge or jury, by the exhibition of evidence, of the reality of a fact alleged: as, to prove, is to determine or persuade that a thing does or does not exist.
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.
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.
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.
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.
Evidence
Proof of fact(s) presented at a trial. The best and most common method is by oral testimony; where you have an eye-witness swear to tell the truth and to then relate to the court (or jury) their experience. Evidence is essential in convincing the judge or jury of your facts as the judge (or jury) is expected to start off with a blank slate; no preconceived idea or knowledge of the facts. So it is up to the opposing parties to prove (by providing evidence), to the satisfaction of the court (or jury), the facts needed to support their case. Besides oral testimony, an object can be deposited with the court (eg. a signed contract). This is sometimes called "real evidence." In other rarer cases, evidence can be circumstantial.
SIMILAR TERMS--------------------------------------
Negation
Denial. Two negations are construed to mean one affirmation.
Negative averment
Pleading, evidence. An averment in some of the pleadings in a case in which a negative is asserted.
Negative condition
Contracts, wills. One where the thing which is the subject of it must not happen; as, if I do not marry.
Negative invoicing
Using an invoice for a negative amount to cover a theft of a customer payment. The negative invoice is less noticeable than a credit memorandum and usually under less stringent control. A negative invoice is a symptom of possible theft.
Negative pregnant
Pleading. Such form of negative expression, in pleading, as may imply or carry within it an affirmative.
Negative statute
One which is enacted in negative terms, and which so controls the common law, that it has no force in opposition to the statute.
PREVIOUS AND NEXT TERMS--------------------------------------
Necessaries
Such things as are proper and requisite for tlie sustenance of man.
Necessary and proper
The Constitution of the United States, art. 1, s. 8, vests in congress the power " to make all laws, which shall be necessary and proper, for carrying into execution the foregoing powers, and all other powers vested by this constitution in the government of the United States, in any department or officer thereof."
Necessary intromission
Scotch law. When the husband or wife continues, after the decease of his or her companion in possession of the decedent's goods, for their preservation.
Necessity
In general, whatever makes the contrary of a thing impossible, whatever may be the cause of such impossibilities,
Negation
Denial. Two negations are construed to mean one affirmation.
Negative
Negative averment
Pleading, evidence. An averment in some of the pleadings in a case in which a negative is asserted.
Negative condition
Contracts, wills. One where the thing which is the subject of it must not happen; as, if I do not marry.
Negative invoicing
Using an invoice for a negative amount to cover a theft of a customer payment. The negative invoice is less noticeable than a credit memorandum and usually under less stringent control. A negative invoice is a symptom of possible theft.
Negative pregnant
Pleading. Such form of negative expression, in pleading, as may imply or carry within it an affirmative.
Negative statute
One which is enacted in negative terms, and which so controls the common law, that it has no force in opposition to the statute.
RELATED TERMS--------------------------------------
Word
Construction. One or more syllables which when united convey an idea a single part of speech.
Several
A state of separation or partition. A several agreement or cove-nant, is one entered into by two or more persons separately, each binding himself for the whole; a several action is one in which two or more persons are separately charged; a several inheritance, is one conveyed so as to descend, or come to two persons separately by moieties. Several is usually opposed to joint.
President
An officer of a company who is to direct the manner in which business is to be transacted. From the decision of the president there is an appeal to the body over which he presides.
Negative
This word has several significations: 1) It is used in contradistinction to giving assent; thus we say the president has put his negative upon such a bill. 2. It is also used in contradistinction to affirmative; as, a negative does not always admit of the simple and direct proof of which an affirmative is capable. When a party affirms a negative in his pleadings, and without the establishment of which, by evidence, he cannot recover or defend himself, the burden of the proof lies upon him, and he must prove the negative.
Bill
1) Legislation. An instrument drawn or presented by a member or committee to a legislative body for its approbation and enactment. After it has gone through both houses and received the constitutional sanction of the chief magistrate, where such approbation is requisite, it becomes a law. 2) Merchant law. An account containing the items of goods sold, or of work done by one person against another. 3) Contracts. A bill or obligation, is a deed whereby the obligor acknowledges himself to owe unto the obligee a certain sum of money or some other thing, in which, besides the names of the parties, are to be considered the sum or thing due, the time, place, and manner of payment or delivery thereof. It may be indented, or poll, and with or without a penalty.
Affirmative
Averring a fact to be true; that which is opposed to negative.
Simple
Not compounded, alone; as, simple interest, which is interest on the principal sum lent only and not interest on the interest; simple contract, &c.
Direct
Straight forward; not collateral.
Proof
Practice. The conviction or persuasion of the mind of a judge or jury, by the exhibition of evidence, of the reality of a fact alleged: as, to prove, is to determine or persuade that a thing does or does not exist.
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.
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.
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.
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.
Evidence
Proof of fact(s) presented at a trial. The best and most common method is by oral testimony; where you have an eye-witness swear to tell the truth and to then relate to the court (or jury) their experience. Evidence is essential in convincing the judge or jury of your facts as the judge (or jury) is expected to start off with a blank slate; no preconceived idea or knowledge of the facts. So it is up to the opposing parties to prove (by providing evidence), to the satisfaction of the court (or jury), the facts needed to support their case. Besides oral testimony, an object can be deposited with the court (eg. a signed contract). This is sometimes called "real evidence." In other rarer cases, evidence can be circumstantial.
SIMILAR TERMS--------------------------------------
Negation
Denial. Two negations are construed to mean one affirmation.
Negative averment
Pleading, evidence. An averment in some of the pleadings in a case in which a negative is asserted.
Negative condition
Contracts, wills. One where the thing which is the subject of it must not happen; as, if I do not marry.
Negative invoicing
Using an invoice for a negative amount to cover a theft of a customer payment. The negative invoice is less noticeable than a credit memorandum and usually under less stringent control. A negative invoice is a symptom of possible theft.
Negative pregnant
Pleading. Such form of negative expression, in pleading, as may imply or carry within it an affirmative.
Negative statute
One which is enacted in negative terms, and which so controls the common law, that it has no force in opposition to the statute.
PREVIOUS AND NEXT TERMS--------------------------------------
Necessaries
Such things as are proper and requisite for tlie sustenance of man.
Necessary and proper
The Constitution of the United States, art. 1, s. 8, vests in congress the power " to make all laws, which shall be necessary and proper, for carrying into execution the foregoing powers, and all other powers vested by this constitution in the government of the United States, in any department or officer thereof."
Necessary intromission
Scotch law. When the husband or wife continues, after the decease of his or her companion in possession of the decedent's goods, for their preservation.
Necessity
In general, whatever makes the contrary of a thing impossible, whatever may be the cause of such impossibilities,
Negation
Denial. Two negations are construed to mean one affirmation.
Negative
Negative averment
Pleading, evidence. An averment in some of the pleadings in a case in which a negative is asserted.
Negative condition
Contracts, wills. One where the thing which is the subject of it must not happen; as, if I do not marry.
Negative invoicing
Using an invoice for a negative amount to cover a theft of a customer payment. The negative invoice is less noticeable than a credit memorandum and usually under less stringent control. A negative invoice is a symptom of possible theft.
Negative pregnant
Pleading. Such form of negative expression, in pleading, as may imply or carry within it an affirmative.
Negative statute
One which is enacted in negative terms, and which so controls the common law, that it has no force in opposition to the statute.
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This dictionary contains 8526 terms.
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