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| This dictionary contains: 8526 juridical terms |
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New promise
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New promiseA contract made, after the original promise has for some cause been rendered, invalid, by which the promiser agrees to fulfil such original promise. When a debtor has been discharged under the bankrupt laws, the remedy against him is clearly gone, so when an infant has made a contract prejudicial to his interest, he may avoid it; and when by lapse of time a debt is barred by the act of limitations, the debtor may take advantage of the act, but in all these cases there remains a moral obligation, and if the original promiser renews the contract by a new promise, this is a sufficient consideration.
RELATED TERMS--------------------------------------
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.
Original
Contracts, practice, evidence. An authentic instrument of something, and which is to serve as a model or example to be copied or imitated. It also means first, or not deriving any authority from any other source as, original jurisdiction, original writ, original bill, and the like .
Promise
Contracts. An engagement by which the promisor contracts towards another to perform or do something to the advantage of the latter.
Cause
1) Civil law. It signifies the delivery of the thing, or the accomplishment of the act which is the object of a convention. 2) It is the consideration or motive for making a contract. 3) Pleading. The reason; the motive. 4) Practice. A contested question before a court of justice; it is a Suit or action.
Invalid
In a physical sense, it is that which is wanting force; in a figurative sense, it signifies that which has no effect.
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.
Debtor
Debtor or obligor. The person who has engaged to perform some obligation. The word obligor, in its more technical signification, is applied to designate one who makes a bond.
Discharged
Released, or liberated from custody.
Bankrupt
French banque, a table or counter; route, trace, track: his "banque" was removed and no trace of it left. Italian banca rotta, a broken bench: a money-changer's bench was broken up, on his failing in business. A trader who secretes himself, or does certain other acts tending to defraud his creditors. Bankruptcy is a proceeding of an equitable nature - a sequestration of a debtor's property that the creditors may resort to, instead of an ordinary suit at law or in equity.
Remedy
The means employed to enforce a right or redress an injury.
Infant
Persons. One under the age of twenty-one years.
Interest
1) Estates. The right which a man has in a chattel real, and more particularly in a future term. It is a word of less efficacy and extent than estates, though, in legal understanding, an interest extends to estates, rights and titles which a man has in or out of lands, so that by a grant of his whole interest in land, a reversion as well as the fee simple shall pass. 2) Contracts. The right of property which a man has in a thing, commonly called insurable interest. 3) Evidence. The benefit which a person has in the matter about to be decided and which is in issue between the parties.
Avoid
To make empty, put out of the way. To cause to be or become empty; to render useless or void; to make inoperative or of no effect; to nullify. As oppossed to: affirm, confirm.
Lapse
Ecclesiastical law. The transfer, by forfeiture, of a right or power to present or collate to a vacant benefice, from, a person vested with such right, to another, in consequence of some act of negligence of the former.
Time
Contracts, evidence, practice. The measure of duration., It is divided into years, months. days, hours, minutes, and seconds. It is also divided into day and night. 2) Pleading. The avertment of time is generally necessary in pleading; the rules are different, in different actions.
Debt
Whatever one owes. A sum of money due by certain and express agreement.
Take
This is a technical expression which signifies to be entitled to; as, a devisee will take under the will. To take also signifies to seize, as to take and carry away.
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.
Cases
General term for an action, cause, suit, or controversy, at law or in equity; questions contested before a court of justice.
Obligation
In its general and most extensive sense, obligation is synony- mous with duty. In a more technical meaning, it is a tie which binds us to pay or to do something agreeably to the laws and customs of the country in which the obligation is made.
Consideration
Under common law, there can be no binding contract without consideration, which was defined in an 1875 English decision as "some right, interest, profit or benefit accruing to the one party, or some forbearance, detriment, loss or responsibility given, suffered or undertaken by the other". Common law did not want to allow gratuitous offers, those made without anything offered in exchange (such as gifts), to be given the protection of contract law. So they added the criteria of consideration. Consideration is not required in contracts made in civil law systems and many common law states have adopted laws which remove consideration as a prerequisite of a valid contract.
SIMILAR TERMS--------------------------------------
New and useful invention
This phrase is used in tlie act of congress relating to granting patents for inventions.
New bankruptcy law
Newer legislation about bankruptcy.
New for old
A term used in the law of insurance in cases of adjustment of a loss, when it has been but partial. In making such adjustment the rule is to apply the old materials towards the payment of the new, by deducting the value of them from the gross amount of the expenses for repairs, and to allow the deduction of one-third new for old upon the balance.
New hampshire
The name of one of the original states of the United States of America. During its provincial state, New Hampshire was governed, down to the period of the Revolution, by the authority of royal commissions. Its general assembly enacted the laws necessary for its welfare, in the manner provided for by the commission under which they then acted.
New jack
In the US penitentiary slang, a new officeer or prisoner.
New jersey
The name of one of the original states of the United States of America. This state, when it was first settled, was divided into, two provinces, which bore the names of East Jersey and West Jersey. They were granted to different proprietaries. Serious dissensions having arisen between them, and between them and New York, induced the proprietaries of both provinces to make a formal surrender of all their powers of government, but not of their lands, to Queen Anne, in April, 1702; they were immediately reunited in one province, and governed by a governor appointed by the crown, assisted by a council, and an assembly of the representatives of the people, chosen by the freeholders. This form of government continued till the American Revolution.
New matter
Pleading. All facts alleged in pleading, which go in avoidance of what is before, pleaded, on the opposite side, are called new matter. In other words, every allegation made in the pleadings, subsequent to the declaration, and which does not go in denial of what is before alleged on the other side, is an allegation of new matter; generally, all new matter must be followed by a verification. (
New trial
Practice. A reexamination of an issue in fact, before a court and jury, which had been tried, at least once, before the same court and a jury.
New work
In Louisiana, by a new work is understood every sort of edifice or other work, which is newly commenced on any ground whatever.
New york
1) In Louisiana, by a new work is understood every sort of edifice or other work, which is newly commenced on any ground whatever. 2) The name of one of the original states of the United States of America. ln its colonial condition this state was governed from the period of the revolution of 1688, by governors appointed by the crown assisted by a council, which received its appointments also from the parental government, and by the representatives of the people.
New york convention
The "Convention on the Recognition and Enforcement of Foreign Arbitral Awards" was signed on June 10, 1958 in New York. This convention deals with the recognition of foreign arbitral awards (supra) and the enforcement of arbitration clauses (supra).
PREVIOUS AND NEXT TERMS--------------------------------------
New and useful invention
This phrase is used in tlie act of congress relating to granting patents for inventions.
New for old
A term used in the law of insurance in cases of adjustment of a loss, when it has been but partial. In making such adjustment the rule is to apply the old materials towards the payment of the new, by deducting the value of them from the gross amount of the expenses for repairs, and to allow the deduction of one-third new for old upon the balance.
New hampshire
The name of one of the original states of the United States of America. During its provincial state, New Hampshire was governed, down to the period of the Revolution, by the authority of royal commissions. Its general assembly enacted the laws necessary for its welfare, in the manner provided for by the commission under which they then acted.
New jersey
The name of one of the original states of the United States of America. This state, when it was first settled, was divided into, two provinces, which bore the names of East Jersey and West Jersey. They were granted to different proprietaries. Serious dissensions having arisen between them, and between them and New York, induced the proprietaries of both provinces to make a formal surrender of all their powers of government, but not of their lands, to Queen Anne, in April, 1702; they were immediately reunited in one province, and governed by a governor appointed by the crown, assisted by a council, and an assembly of the representatives of the people, chosen by the freeholders. This form of government continued till the American Revolution.
New matter
Pleading. All facts alleged in pleading, which go in avoidance of what is before, pleaded, on the opposite side, are called new matter. In other words, every allegation made in the pleadings, subsequent to the declaration, and which does not go in denial of what is before alleged on the other side, is an allegation of new matter; generally, all new matter must be followed by a verification. (
New promise
New trial
Practice. A reexamination of an issue in fact, before a court and jury, which had been tried, at least once, before the same court and a jury.
New work
In Louisiana, by a new work is understood every sort of edifice or other work, which is newly commenced on any ground whatever.
New york
1) In Louisiana, by a new work is understood every sort of edifice or other work, which is newly commenced on any ground whatever. 2) The name of one of the original states of the United States of America. ln its colonial condition this state was governed from the period of the revolution of 1688, by governors appointed by the crown assisted by a council, which received its appointments also from the parental government, and by the representatives of the people.
New york convention
The "Convention on the Recognition and Enforcement of Foreign Arbitral Awards" was signed on June 10, 1958 in New York. This convention deals with the recognition of foreign arbitral awards (supra) and the enforcement of arbitration clauses (supra).
Newly discovered evidence
That evidence which, after diligent search for it, was not discovered until after the trial of a cause.
RELATED TERMS--------------------------------------
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.
Original
Contracts, practice, evidence. An authentic instrument of something, and which is to serve as a model or example to be copied or imitated. It also means first, or not deriving any authority from any other source as, original jurisdiction, original writ, original bill, and the like .
Promise
Contracts. An engagement by which the promisor contracts towards another to perform or do something to the advantage of the latter.
Cause
1) Civil law. It signifies the delivery of the thing, or the accomplishment of the act which is the object of a convention. 2) It is the consideration or motive for making a contract. 3) Pleading. The reason; the motive. 4) Practice. A contested question before a court of justice; it is a Suit or action.
Invalid
In a physical sense, it is that which is wanting force; in a figurative sense, it signifies that which has no effect.
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.
Debtor
Debtor or obligor. The person who has engaged to perform some obligation. The word obligor, in its more technical signification, is applied to designate one who makes a bond.
Discharged
Released, or liberated from custody.
Bankrupt
French banque, a table or counter; route, trace, track: his "banque" was removed and no trace of it left. Italian banca rotta, a broken bench: a money-changer's bench was broken up, on his failing in business. A trader who secretes himself, or does certain other acts tending to defraud his creditors. Bankruptcy is a proceeding of an equitable nature - a sequestration of a debtor's property that the creditors may resort to, instead of an ordinary suit at law or in equity.
Remedy
The means employed to enforce a right or redress an injury.
Infant
Persons. One under the age of twenty-one years.
Interest
1) Estates. The right which a man has in a chattel real, and more particularly in a future term. It is a word of less efficacy and extent than estates, though, in legal understanding, an interest extends to estates, rights and titles which a man has in or out of lands, so that by a grant of his whole interest in land, a reversion as well as the fee simple shall pass. 2) Contracts. The right of property which a man has in a thing, commonly called insurable interest. 3) Evidence. The benefit which a person has in the matter about to be decided and which is in issue between the parties.
Avoid
To make empty, put out of the way. To cause to be or become empty; to render useless or void; to make inoperative or of no effect; to nullify. As oppossed to: affirm, confirm.
Lapse
Ecclesiastical law. The transfer, by forfeiture, of a right or power to present or collate to a vacant benefice, from, a person vested with such right, to another, in consequence of some act of negligence of the former.
Time
Contracts, evidence, practice. The measure of duration., It is divided into years, months. days, hours, minutes, and seconds. It is also divided into day and night. 2) Pleading. The avertment of time is generally necessary in pleading; the rules are different, in different actions.
Debt
Whatever one owes. A sum of money due by certain and express agreement.
Take
This is a technical expression which signifies to be entitled to; as, a devisee will take under the will. To take also signifies to seize, as to take and carry away.
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.
Cases
General term for an action, cause, suit, or controversy, at law or in equity; questions contested before a court of justice.
Obligation
In its general and most extensive sense, obligation is synony- mous with duty. In a more technical meaning, it is a tie which binds us to pay or to do something agreeably to the laws and customs of the country in which the obligation is made.
Consideration
Under common law, there can be no binding contract without consideration, which was defined in an 1875 English decision as "some right, interest, profit or benefit accruing to the one party, or some forbearance, detriment, loss or responsibility given, suffered or undertaken by the other". Common law did not want to allow gratuitous offers, those made without anything offered in exchange (such as gifts), to be given the protection of contract law. So they added the criteria of consideration. Consideration is not required in contracts made in civil law systems and many common law states have adopted laws which remove consideration as a prerequisite of a valid contract.
SIMILAR TERMS--------------------------------------
New and useful invention
This phrase is used in tlie act of congress relating to granting patents for inventions.
New bankruptcy law
Newer legislation about bankruptcy.
New for old
A term used in the law of insurance in cases of adjustment of a loss, when it has been but partial. In making such adjustment the rule is to apply the old materials towards the payment of the new, by deducting the value of them from the gross amount of the expenses for repairs, and to allow the deduction of one-third new for old upon the balance.
New hampshire
The name of one of the original states of the United States of America. During its provincial state, New Hampshire was governed, down to the period of the Revolution, by the authority of royal commissions. Its general assembly enacted the laws necessary for its welfare, in the manner provided for by the commission under which they then acted.
New jack
In the US penitentiary slang, a new officeer or prisoner.
New jersey
The name of one of the original states of the United States of America. This state, when it was first settled, was divided into, two provinces, which bore the names of East Jersey and West Jersey. They were granted to different proprietaries. Serious dissensions having arisen between them, and between them and New York, induced the proprietaries of both provinces to make a formal surrender of all their powers of government, but not of their lands, to Queen Anne, in April, 1702; they were immediately reunited in one province, and governed by a governor appointed by the crown, assisted by a council, and an assembly of the representatives of the people, chosen by the freeholders. This form of government continued till the American Revolution.
New matter
Pleading. All facts alleged in pleading, which go in avoidance of what is before, pleaded, on the opposite side, are called new matter. In other words, every allegation made in the pleadings, subsequent to the declaration, and which does not go in denial of what is before alleged on the other side, is an allegation of new matter; generally, all new matter must be followed by a verification. (
New trial
Practice. A reexamination of an issue in fact, before a court and jury, which had been tried, at least once, before the same court and a jury.
New work
In Louisiana, by a new work is understood every sort of edifice or other work, which is newly commenced on any ground whatever.
New york
1) In Louisiana, by a new work is understood every sort of edifice or other work, which is newly commenced on any ground whatever. 2) The name of one of the original states of the United States of America. ln its colonial condition this state was governed from the period of the revolution of 1688, by governors appointed by the crown assisted by a council, which received its appointments also from the parental government, and by the representatives of the people.
New york convention
The "Convention on the Recognition and Enforcement of Foreign Arbitral Awards" was signed on June 10, 1958 in New York. This convention deals with the recognition of foreign arbitral awards (supra) and the enforcement of arbitration clauses (supra).
PREVIOUS AND NEXT TERMS--------------------------------------
New and useful invention
This phrase is used in tlie act of congress relating to granting patents for inventions.
New for old
A term used in the law of insurance in cases of adjustment of a loss, when it has been but partial. In making such adjustment the rule is to apply the old materials towards the payment of the new, by deducting the value of them from the gross amount of the expenses for repairs, and to allow the deduction of one-third new for old upon the balance.
New hampshire
The name of one of the original states of the United States of America. During its provincial state, New Hampshire was governed, down to the period of the Revolution, by the authority of royal commissions. Its general assembly enacted the laws necessary for its welfare, in the manner provided for by the commission under which they then acted.
New jersey
The name of one of the original states of the United States of America. This state, when it was first settled, was divided into, two provinces, which bore the names of East Jersey and West Jersey. They were granted to different proprietaries. Serious dissensions having arisen between them, and between them and New York, induced the proprietaries of both provinces to make a formal surrender of all their powers of government, but not of their lands, to Queen Anne, in April, 1702; they were immediately reunited in one province, and governed by a governor appointed by the crown, assisted by a council, and an assembly of the representatives of the people, chosen by the freeholders. This form of government continued till the American Revolution.
New matter
Pleading. All facts alleged in pleading, which go in avoidance of what is before, pleaded, on the opposite side, are called new matter. In other words, every allegation made in the pleadings, subsequent to the declaration, and which does not go in denial of what is before alleged on the other side, is an allegation of new matter; generally, all new matter must be followed by a verification. (
New promise
New trial
Practice. A reexamination of an issue in fact, before a court and jury, which had been tried, at least once, before the same court and a jury.
New work
In Louisiana, by a new work is understood every sort of edifice or other work, which is newly commenced on any ground whatever.
New york
1) In Louisiana, by a new work is understood every sort of edifice or other work, which is newly commenced on any ground whatever. 2) The name of one of the original states of the United States of America. ln its colonial condition this state was governed from the period of the revolution of 1688, by governors appointed by the crown assisted by a council, which received its appointments also from the parental government, and by the representatives of the people.
New york convention
The "Convention on the Recognition and Enforcement of Foreign Arbitral Awards" was signed on June 10, 1958 in New York. This convention deals with the recognition of foreign arbitral awards (supra) and the enforcement of arbitration clauses (supra).
Newly discovered evidence
That evidence which, after diligent search for it, was not discovered until after the trial of a cause.
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This dictionary contains 8526 terms.
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