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| This dictionary contains: 8526 juridical terms |
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Non constat
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Non constatIt does not appear. These words are frequently used, particularly in argument; as, it was moved in arrest of judgment that the declaration was not good, because non constat whether A B was seventeen years of age when the action was commenced.
RELATED TERMS--------------------------------------
Argument
Practice.1) Cicero defines it ii probable reason proposed in order to induce belief. 2) The logicians define it more scientifically to be a means, which by its connexion between two extremes establishes a relation between them.
Arrest
To stop; to seize; to deprive one of his liberty by virtue of legal authority.
Judgment
Practice. The decision or sentence of the law, given by a court of justice or other competent tribunal, as the result of proceedings instituted therein, for the redress of an injury.
Constat
English law. The name of a certificate, which the clerk of the pipe and auditors of the exchequer make at the request of any person who intends to plead or move in the court for the discharge of anything; and the effect of it is, the certifying what constat (appears) upon record touching the matter in question.
Years
Estate for years.
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.
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.
SIMILAR TERMS--------------------------------------
Non acceptavit
The name of a plea to an action of assumpsit brought against the drawee of a bill of exchange upon a supposed acceptance by him.
Non access
The non existence of sexual intercourse is generally expressed by the words " non access of the husband to the wife which expressions, in a case of bastardy, are understood to mean the same thing.
Non age
By this term is understood that period of life from the birth till the arrival of twenty-one years. In another sense it means under the proper age to be of ability to do a particular thing; as, when non age is applied to one under the age of fourteen, who is unable to marry.
Non assumpsit
Pleading. The general issue in trespass on the case, in the species of assumpsit. Its form is, "And the said C D, by E F, his attorney, comes and defends the wrong and injury, when, &c., and says, that he did not undertake or promise in manner and form as the said A B, hath above complained. And of this he puts himself upon the country."
Non assumpsit infra sex annos
The name of a plea by which the defendant avers that he did not assume to perform the assumption charged in the declaration within six years.
Non bis in idem
Civil law. This phrase signifies that no one shall be twice tried for the same offence; that is, that when a party accused has been once tried by a tribunal in the last resort, and either convicted or acquitted, he shall not again be tried.
Non claim
An omission or neglect by one entitled to make a demand within the time limited by law; as, when a continual claim ought to be made, a neglect to make such claim within a year aud a day.
Non compos mentis
Persons. These words signify not of sound mind, memory, or understanding. This is a generic term, and includes all the species of madness, whether it arise from, 1, idiocy; 2, sickness 3, lunacy or 4, drunkenness.
Non compus mentis
(United Kingdom) Not of sound mind and understanding.
Non concessit
English law. The name of a plea by which the defendant denies that the crown granted to the plaintiff by letters patent, the rights which he claims as a concession from the king; as, for example, when a plaintiff sues another for the infringement of his patent right, the defendant way deny that the crown has granted him such a right.
Non conformists english law
English law. A name given to certain dissenters from the rites and ceremonies of the church of England.
Non culpabilis
Pleading. Not guilty. It is usually abbreviated non cul.
Non damnificatus
Pleading. A plea to an action of debt on a bond of indemnity, by which the defendant asserts that the plaintiff has received no damage; in other words that he is not damnified.
Non dedit
Pleading. The general issue in formedom
Non demisit
Pleading. A plea proper to be pleaded to an action of debt for rent, when the plaintiff declares on a parol lease.
Non detinet
Pleading. The general issue in an action of detinue. Its form is as follows:: And the said C D, by E F, his attorney, comes and defends the wrong and injury, when, &c., and says, that he does not detain the said goods and chattels (or, deeds and writings,' according to the subject of the action,) in the said declaration specified, or any part thereof, in manner and form as the said A B bath above complained. And of this the said C D puts himself upon the country."
Non es factum
Pleading. The general issue in debt on bond or other specialty, and is, in form, as follows: I " And the said C D, by E F, his attorney, conies and defends the wrong and injury, when, &c., and says, that the said supposed writing obligatory, (or 'indenture,' or 'articles of agreement,' according to the subject of the action,) is not his deed. And of this he puts himself upon the country."
Non est factum
(United Kingdom) It is not his deed.
Non est inventus
Practice. The sheriff's return to a writ requiring him to ,arrest the person of the defendant, which signifies that he is not to be found within his jurisdiction. The return is usually abbreviated.
Non feasance
Torts, contracts. The non-performance of some act which ought to be performed.
Non fecit
He did not make it. The name of a plea, for example, in an action of assumpsit on a promissory note
Non fecit vastum contra prohibitionem
The name of a plea to an action founded on a writ of estrepement, that the defendant did not commit waste contrary to the prohibition.
Non infregit conventionem
Pleading. A plea in an action of covenant. This plea is not a general issue, it merely denies that the defendant has broken the covenants on which he is sued. It being in the negative, it cannot be used where the breach is also in the negative.
Non joinder
Pleading, practice. The omission of some one of the persons who ought to have been made a plaintiff or defendant along with others is called a non joinder.
Non jurors
English law. Persons who refuse to take the oaths, required by law, to support the government.
Non liquet
It is not clear.
Non moderate castigavit
The name of a faulty replication to a plea of moderate castigavit.This replication, in such a case, is a negative. pregnant.
Non obstante
English law. These words, which literally signify notwithstanding, are used to express the act of the English king, by which he dispenses with the law, that is, authorizes its violation.
Non obstante veredicto
Notwithstanding the verdict.
Non omittas
English practice. The name of a writ directed to the sheriff Where the bailiff of a liberty or franchise, who has the return of writs, neglects or refuses to serve a process, this writ issues commanding the sheriff to enter into the franchise and execute the process himself, or by bis officer, non omittas propter aliquam libertatem. For the despatch of business a non omittas is commonly directed in the first instance.
Non pros
The name of a judgment rendered against a plaintiff for neglecting to prosecute his suit agreeably to law and the rules of the court.
Non residence
Ecclesiastical law. The absence of spiritual persons from their benefices.
Non sequitur
(United Kingdom) An inconsistent statement, it does not follow.
Non submissit
The name of a plea to an action of debt or a bond to perform an award, by which the defendant pleads that he did not submit.
Non suit
The name of a judgment given against a plaintiff, when be is unable to prove his case, or when he refuses or neglects to proceed to the trial of a cause after it has been put at issue, without determining such issue.
Non sum informatus
Pleading. I am not informed.
Non tenent insimul
Pleadings. A plea to an action in partition, by which the defendant denies that he holds the property, which is the subject of the suit, together with the complainant or plaintiff.
Non tenuit
He did not hold. The name of a plea in bar in replevin, when the plaintiff has avowed for rent arrear, by which the plaintiff avows that he did not hold in manner and form as the avowry alleges.
Non tenure
Pleading. A plea in a real action, by which the defendant asserted, that he did not hold the land, or at least some part of it, as mentioned in the plaintiff's declaration.
Non term
The vacation between two terms of a court.
PREVIOUS AND NEXT TERMS--------------------------------------
Non claim
An omission or neglect by one entitled to make a demand within the time limited by law; as, when a continual claim ought to be made, a neglect to make such claim within a year aud a day.
Non compos mentis
Persons. These words signify not of sound mind, memory, or understanding. This is a generic term, and includes all the species of madness, whether it arise from, 1, idiocy; 2, sickness 3, lunacy or 4, drunkenness.
Non compus mentis
(United Kingdom) Not of sound mind and understanding.
Non concessit
English law. The name of a plea by which the defendant denies that the crown granted to the plaintiff by letters patent, the rights which he claims as a concession from the king; as, for example, when a plaintiff sues another for the infringement of his patent right, the defendant way deny that the crown has granted him such a right.
Non conformists english law
English law. A name given to certain dissenters from the rites and ceremonies of the church of England.
Non constat
Non culpabilis
Pleading. Not guilty. It is usually abbreviated non cul.
Non damnificatus
Pleading. A plea to an action of debt on a bond of indemnity, by which the defendant asserts that the plaintiff has received no damage; in other words that he is not damnified.
Non dedit
Pleading. The general issue in formedom
Non demisit
Pleading. A plea proper to be pleaded to an action of debt for rent, when the plaintiff declares on a parol lease.
Non detinet
Pleading. The general issue in an action of detinue. Its form is as follows:: And the said C D, by E F, his attorney, comes and defends the wrong and injury, when, &c., and says, that he does not detain the said goods and chattels (or, deeds and writings,' according to the subject of the action,) in the said declaration specified, or any part thereof, in manner and form as the said A B bath above complained. And of this the said C D puts himself upon the country."
RELATED TERMS--------------------------------------
Argument
Practice.1) Cicero defines it ii probable reason proposed in order to induce belief. 2) The logicians define it more scientifically to be a means, which by its connexion between two extremes establishes a relation between them.
Arrest
To stop; to seize; to deprive one of his liberty by virtue of legal authority.
Judgment
Practice. The decision or sentence of the law, given by a court of justice or other competent tribunal, as the result of proceedings instituted therein, for the redress of an injury.
Constat
English law. The name of a certificate, which the clerk of the pipe and auditors of the exchequer make at the request of any person who intends to plead or move in the court for the discharge of anything; and the effect of it is, the certifying what constat (appears) upon record touching the matter in question.
Years
Estate for years.
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.
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.
SIMILAR TERMS--------------------------------------
Non acceptavit
The name of a plea to an action of assumpsit brought against the drawee of a bill of exchange upon a supposed acceptance by him.
Non access
The non existence of sexual intercourse is generally expressed by the words " non access of the husband to the wife which expressions, in a case of bastardy, are understood to mean the same thing.
Non age
By this term is understood that period of life from the birth till the arrival of twenty-one years. In another sense it means under the proper age to be of ability to do a particular thing; as, when non age is applied to one under the age of fourteen, who is unable to marry.
Non assumpsit
Pleading. The general issue in trespass on the case, in the species of assumpsit. Its form is, "And the said C D, by E F, his attorney, comes and defends the wrong and injury, when, &c., and says, that he did not undertake or promise in manner and form as the said A B, hath above complained. And of this he puts himself upon the country."
Non assumpsit infra sex annos
The name of a plea by which the defendant avers that he did not assume to perform the assumption charged in the declaration within six years.
Non bis in idem
Civil law. This phrase signifies that no one shall be twice tried for the same offence; that is, that when a party accused has been once tried by a tribunal in the last resort, and either convicted or acquitted, he shall not again be tried.
Non claim
An omission or neglect by one entitled to make a demand within the time limited by law; as, when a continual claim ought to be made, a neglect to make such claim within a year aud a day.
Non compos mentis
Persons. These words signify not of sound mind, memory, or understanding. This is a generic term, and includes all the species of madness, whether it arise from, 1, idiocy; 2, sickness 3, lunacy or 4, drunkenness.
Non compus mentis
(United Kingdom) Not of sound mind and understanding.
Non concessit
English law. The name of a plea by which the defendant denies that the crown granted to the plaintiff by letters patent, the rights which he claims as a concession from the king; as, for example, when a plaintiff sues another for the infringement of his patent right, the defendant way deny that the crown has granted him such a right.
Non conformists english law
English law. A name given to certain dissenters from the rites and ceremonies of the church of England.
Non culpabilis
Pleading. Not guilty. It is usually abbreviated non cul.
Non damnificatus
Pleading. A plea to an action of debt on a bond of indemnity, by which the defendant asserts that the plaintiff has received no damage; in other words that he is not damnified.
Non dedit
Pleading. The general issue in formedom
Non demisit
Pleading. A plea proper to be pleaded to an action of debt for rent, when the plaintiff declares on a parol lease.
Non detinet
Pleading. The general issue in an action of detinue. Its form is as follows:: And the said C D, by E F, his attorney, comes and defends the wrong and injury, when, &c., and says, that he does not detain the said goods and chattels (or, deeds and writings,' according to the subject of the action,) in the said declaration specified, or any part thereof, in manner and form as the said A B bath above complained. And of this the said C D puts himself upon the country."
Non es factum
Pleading. The general issue in debt on bond or other specialty, and is, in form, as follows: I " And the said C D, by E F, his attorney, conies and defends the wrong and injury, when, &c., and says, that the said supposed writing obligatory, (or 'indenture,' or 'articles of agreement,' according to the subject of the action,) is not his deed. And of this he puts himself upon the country."
Non est factum
(United Kingdom) It is not his deed.
Non est inventus
Practice. The sheriff's return to a writ requiring him to ,arrest the person of the defendant, which signifies that he is not to be found within his jurisdiction. The return is usually abbreviated.
Non feasance
Torts, contracts. The non-performance of some act which ought to be performed.
Non fecit
He did not make it. The name of a plea, for example, in an action of assumpsit on a promissory note
Non fecit vastum contra prohibitionem
The name of a plea to an action founded on a writ of estrepement, that the defendant did not commit waste contrary to the prohibition.
Non infregit conventionem
Pleading. A plea in an action of covenant. This plea is not a general issue, it merely denies that the defendant has broken the covenants on which he is sued. It being in the negative, it cannot be used where the breach is also in the negative.
Non joinder
Pleading, practice. The omission of some one of the persons who ought to have been made a plaintiff or defendant along with others is called a non joinder.
Non jurors
English law. Persons who refuse to take the oaths, required by law, to support the government.
Non liquet
It is not clear.
Non moderate castigavit
The name of a faulty replication to a plea of moderate castigavit.This replication, in such a case, is a negative. pregnant.
Non obstante
English law. These words, which literally signify notwithstanding, are used to express the act of the English king, by which he dispenses with the law, that is, authorizes its violation.
Non obstante veredicto
Notwithstanding the verdict.
Non omittas
English practice. The name of a writ directed to the sheriff Where the bailiff of a liberty or franchise, who has the return of writs, neglects or refuses to serve a process, this writ issues commanding the sheriff to enter into the franchise and execute the process himself, or by bis officer, non omittas propter aliquam libertatem. For the despatch of business a non omittas is commonly directed in the first instance.
Non pros
The name of a judgment rendered against a plaintiff for neglecting to prosecute his suit agreeably to law and the rules of the court.
Non residence
Ecclesiastical law. The absence of spiritual persons from their benefices.
Non sequitur
(United Kingdom) An inconsistent statement, it does not follow.
Non submissit
The name of a plea to an action of debt or a bond to perform an award, by which the defendant pleads that he did not submit.
Non suit
The name of a judgment given against a plaintiff, when be is unable to prove his case, or when he refuses or neglects to proceed to the trial of a cause after it has been put at issue, without determining such issue.
Non sum informatus
Pleading. I am not informed.
Non tenent insimul
Pleadings. A plea to an action in partition, by which the defendant denies that he holds the property, which is the subject of the suit, together with the complainant or plaintiff.
Non tenuit
He did not hold. The name of a plea in bar in replevin, when the plaintiff has avowed for rent arrear, by which the plaintiff avows that he did not hold in manner and form as the avowry alleges.
Non tenure
Pleading. A plea in a real action, by which the defendant asserted, that he did not hold the land, or at least some part of it, as mentioned in the plaintiff's declaration.
Non term
The vacation between two terms of a court.
PREVIOUS AND NEXT TERMS--------------------------------------
Non claim
An omission or neglect by one entitled to make a demand within the time limited by law; as, when a continual claim ought to be made, a neglect to make such claim within a year aud a day.
Non compos mentis
Persons. These words signify not of sound mind, memory, or understanding. This is a generic term, and includes all the species of madness, whether it arise from, 1, idiocy; 2, sickness 3, lunacy or 4, drunkenness.
Non compus mentis
(United Kingdom) Not of sound mind and understanding.
Non concessit
English law. The name of a plea by which the defendant denies that the crown granted to the plaintiff by letters patent, the rights which he claims as a concession from the king; as, for example, when a plaintiff sues another for the infringement of his patent right, the defendant way deny that the crown has granted him such a right.
Non conformists english law
English law. A name given to certain dissenters from the rites and ceremonies of the church of England.
Non constat
Non culpabilis
Pleading. Not guilty. It is usually abbreviated non cul.
Non damnificatus
Pleading. A plea to an action of debt on a bond of indemnity, by which the defendant asserts that the plaintiff has received no damage; in other words that he is not damnified.
Non dedit
Pleading. The general issue in formedom
Non demisit
Pleading. A plea proper to be pleaded to an action of debt for rent, when the plaintiff declares on a parol lease.
Non detinet
Pleading. The general issue in an action of detinue. Its form is as follows:: And the said C D, by E F, his attorney, comes and defends the wrong and injury, when, &c., and says, that he does not detain the said goods and chattels (or, deeds and writings,' according to the subject of the action,) in the said declaration specified, or any part thereof, in manner and form as the said A B bath above complained. And of this the said C D puts himself upon the country."
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This dictionary contains 8526 terms.
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