Juridical Dictionary

This dictionary contains:
8526
juridical terms

Nobility




Nobility

An order of men in several countries to whom privileges are granted at the expense of the rest of the people. The constitution of the United States provides that no state shall " grant any title of nobility; and no person can become a citizen ot' the United States until he has renounced all titles of nobility."There is not in the constitution any general prohibition against any citizen whomsoever, whether in public or private life, accepting any foreign title of nobility. An amendment of the constitution in this respect has been recommended by congress, but it has not been ratified by a sufficient number of states to make it a part of the constitution.

RELATED TERMS
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Order
An instruction rightfully given by someone superior in hyerarchy. Also, a social state of civil coexistance without widespread public violence.

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.

Rest
A party is said to "rest" or "rest its case" when it has presented all the evidence it intends to offer.

People
A state.

Constitution
1) Contracts. The constitution of a contract, is the making of the contract as, the written constitution of a debt. 2) Government. The fundamental law of the state, containing the principles upon which the government is founded, and regulating the divisions of the sovereign powers, directing to what persons each of these powers is to be confided, and the, manner it is to be exercised as, the Constitution of the United States.

States
By this name are understood in some countries, the assembly of the different orders of the people to regulate the affairs of the commonwealth, as, the states general.

State
1) Government. In its most enlarged sense, it signifies a self-sufficient body of persons united together in one community for the defence of their rights, and to do right and justice to foreigners. In this sense, the state means the whole people united into one body politic; and the state, and the people of the state, are equivalent expressions. 2) Condition of persons. This word has various acceptations. If we inquire into its origin, it will be found to come from the Latin status, which is derived from the verb stare, sto, whence has been made statio, which signifies the place where a person is located, stat, to fulfil the obligations which are imposed upon him.

Grant
Conveyancing, concessio. Technically speaking, grants are applicable to the conveyance of incorporeal rights, though in the largest sense, the term comprehends everything that is granted or passed from one to another, and is applied to every species of property. Grant is one of the usual words in a feoffment, and differs but little except in the subject-matter; for the operative words used in grants are dedi et concessi, "have given and granted."

Title
1) Estates. A title is defined by Lord Coke to be the means whereby the owner of lands hath the just possession of his property. 2) Legislation That part of an act of the legislature by which it is known, and distinguished from other acts the name of the act. 3) Rights. The name of a newwpaper a book, and the like.

Nobility
An order of men in several countries to whom privileges are granted at the expense of the rest of the people. The constitution of the United States provides that no state shall " grant any title of nobility; and no person can become a citizen ot' the United States until he has renounced all titles of nobility."There is not in the constitution any general prohibition against any citizen whomsoever, whether in public or private life, accepting any foreign title of nobility. An amendment of the constitution in this respect has been recommended by congress, but it has not been ratified by a sufficient number of states to make it a part of the constitution.

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

Citizen
In the Roman government, seems to have designated a person who had the freedom of the city, and the right to exercise all political and civil privileges of the government. One who owes to government allegiance, service, and money by way of taxation, and to whom the government, in turn, grants and guarantees liberty of person and of conscience, the right of acquiring and possessing property, of marriage and the social relations, of suit and of defense, and security in person, estate, and reputation.

General
1) A principal officer, particularly in the army. 2) Something opposed to special; as, a general verdict, the general issue, which expressions are used in contradistinction to special verdict, special issue. 3) Principal, as the general post office. 4) Not select, as a general ship. 5) Not particular, as a general custom. 5) Not limited, as general jurisdiction. 7) This word is sometimes annexed or prefixed to other words to express or limit the extent of their signification; as Attorney General, Solicitor General, the General Assembly.

Prohibition
Practice. The name of a writ issued by a superior court, directed to the judge and parties of a suit in an inferior court, commanding them to cease from the prosecution of the same, upon a suggestion that the cause originally, or some collateral matter arising therein, does not belong to that jurisdiction, but to the cognizance of some other court.

Public
By the term the public, is meant the whole body politic, or all the citizens of the state; sometimes it signifies the inhabitants of a particular place; as, the New York public.

Private
Not general, as a private act of the legislature; not in office; as, a private person, as well as an officer, may arrest a felon; individual, as your private interest; not public, as a private way, a private nuisance.

Life
The aggregate of the animal functions which resist death. Bichat.

Foreign
That which belongs to another country; that which is strange.

Congress
Med. juris. This name was anciently given in France, England, and other countries, to the-indecent intercourse between married persons, in the presence of witnesses appointed by the courts, in cases when the husband or wife was charged by the other with impotence.



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Nisi
This word is frequently used in legal proceedings to denote that something has been done, which is to be valid unless something else Shall be done within a certain time to defeat it. For example, an order may be made that if on the day appointed to show cause, none be shown, an injunction will be dissolved of course, on motion, and production of an affidavit of service of the order. This is called an order nisi. Under the compulsory arbitration law of Pennsylvania, on the filing of the award, judgment nisi is to be entered: which judgment is to be as valid as if it had been rendered on the verdict of a jury, unless an appeal be entered within the time required by the law.

Nisi prius roll
These words, which signify 'unless before,' are the name of a court. The name originated as follows: Formerly, an action was triable only in the court where it was brought. But, it was provided by Magna Charta, in ease of the subject, that assises of novel disseisin and mort d'ancestor (then the most usual remedies,) should thenceforward instead of being tried at Westminster, in the superior court, be taken in their proper counties; and for this purpose justices were to be sent into every county once a year, to take these assises there. These local trials being found convenient, were applied not only to assises, but to other actions; for, by the statute it is provided as the general course of proceeding, that writs of venire for summoning juries in the superior courts, shall be in the following form. Praecipimus tibi quod veneri facias coram justiciariis nostris apud Westm. in Octabis Seti Michaelis, nisi talis et talis tali, die et loco ad partes illas venerint, duodecim, &c. Thus the trial was to be had at Westminster, only in the event of its not previously taking place in the county, before the justices appointed to take tlie assises. It is this provision of the statute of Nisi Prius, enforeed by the subsequent statute, which authorizes, in England, a trial before the justices of assises, in lieu of the superior court, and gives it the name of a trial by nisi prius.

No award
The name of a plea to an action or award.

No bill
These words are frequently used by grand juries. They are endorsed on a bill of indictment when the grand jury have not sufficient cause for finding a true bill. They are equivalent to Not found or Ignoramus.

No cure no pay
The historic common law principle of salvage which prohibited the payment of any salvage reward where the salvage operations had been unsuccessful. "No cure no pay" contrasts with the historic civilian concept of "assistance", which permitted the payment of salvage remuneration even if no successful result was achieved.

Nobility

No-contest clause
Language in a will that provides that a person who makes a legal challenge to the will's validity will be disinherited.

No-fault divorce
A type of divorce that may be granted even though either spouse has not performed any kind of marital misconduct.

No-fault proceedings
A civil case in which parties may resolve their dispute without a formal finding of error or fault.

Nolo contendere
Latin for "I will not defend it." Used primarily in criminal proceedings whereby the defendant declines to refute the evidence of the prosecution. In some jurisdictions, this response by the defendant has same effect as a plea of guilty.

Nomen collectivum
This expression is used to signify that a word in the singular number is to be understood in the plural in certain cases. 2. Misdemeanor, for example, is a word of this kind, and when in the singular, may be taken as nomen collectivum, and including several offences. 2 Barn. & Adolp. 75. Heir, in the singular, sometimes includes all the heirs.

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This dictionary contains 8526 terms.







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