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| This dictionary contains: 8526 juridical terms |
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Non es factum
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Non es factumPleading. 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."
RELATED TERMS--------------------------------------
Pleading
Practice. The statement in a logical, and legal form, of the facts which constitute the plaintiff's cause of action, or the defendant's ground of defence; it is the formal mode of alleging that on the record, which would be the support, or the defence of the party in evidence.
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.
Issue
1) Kindred. This term is of very extensive import, in its most enlarged signification, and includes all persons who have descended from a common ancestor. But when this word is used in a will, in order to give effect to the testator's intention it will be construed in a more restricted sense than its legal import conveys. 2) Pleading. An issue, in pleading, is defined to be a single, certain and material point issuing out of the allegations of the parties, and consisting, regularly, of an affirmative and negative. In common parlance, issue also signifies the entry of the pleadings.
Debt
Whatever one owes. A sum of money due by certain and express agreement.
Bond
A written agreement by which a person insures he will pay a certain sum of money if he does not perform certain duties property.
Specialty
Contracts. A writing sealed aud delivered, containing some agreement. In a more confined meaning, it signifies a writing sealed and delivered, which is given as a security for the payment of a debt, in which such debt is particularly specified.
Said
Before mentioned.
Attorney
A graduate of an accredited law school and member in good standing of the Bar Association. Only attorneys can give legal advice.
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.
Injury
Any legal harm, wrong or damage done to a person's body, property, rights or reputation, and that the law recognizes as deserving of redress.
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.
Writing
The act of forming by the hand letters or characters of a particular kind on paper or other suitable substance, and artfully putting them together so as to co nvey ideas. It differs from printing, which is the formation of words on paper or other proper substance by means of a stamp. Sometimes by writing ii understood printing, and sometimes printing and writing mixed.
Subject
1) Contracts. The thing which is the object of an agreement. This term is used in the laws of Scotland. 2) Persons, government. An individual member of a nation, who is subject to the laws; this term is used in contradistiction to citizen, which is applied to the same individual when considering his political rights.
Deed
Only in relatively rare circumstances is a deed required to complete a transaction. In a commercial situation the most common use is where a variation or concession is made without the other party giving anything in return. A deed is enforceable regardless of the legal requirements for contracts such as the need for consideration. Where a deed is necessary, there are special requirements for a company wishing to enter into such an arrangement which may either involve use of the company or the signature of two directors or a director and a company secretary.
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 constat
It 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.
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 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 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
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.
RELATED TERMS--------------------------------------
Pleading
Practice. The statement in a logical, and legal form, of the facts which constitute the plaintiff's cause of action, or the defendant's ground of defence; it is the formal mode of alleging that on the record, which would be the support, or the defence of the party in evidence.
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.
Issue
1) Kindred. This term is of very extensive import, in its most enlarged signification, and includes all persons who have descended from a common ancestor. But when this word is used in a will, in order to give effect to the testator's intention it will be construed in a more restricted sense than its legal import conveys. 2) Pleading. An issue, in pleading, is defined to be a single, certain and material point issuing out of the allegations of the parties, and consisting, regularly, of an affirmative and negative. In common parlance, issue also signifies the entry of the pleadings.
Debt
Whatever one owes. A sum of money due by certain and express agreement.
Bond
A written agreement by which a person insures he will pay a certain sum of money if he does not perform certain duties property.
Specialty
Contracts. A writing sealed aud delivered, containing some agreement. In a more confined meaning, it signifies a writing sealed and delivered, which is given as a security for the payment of a debt, in which such debt is particularly specified.
Said
Before mentioned.
Attorney
A graduate of an accredited law school and member in good standing of the Bar Association. Only attorneys can give legal advice.
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.
Injury
Any legal harm, wrong or damage done to a person's body, property, rights or reputation, and that the law recognizes as deserving of redress.
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.
Writing
The act of forming by the hand letters or characters of a particular kind on paper or other suitable substance, and artfully putting them together so as to co nvey ideas. It differs from printing, which is the formation of words on paper or other proper substance by means of a stamp. Sometimes by writing ii understood printing, and sometimes printing and writing mixed.
Subject
1) Contracts. The thing which is the object of an agreement. This term is used in the laws of Scotland. 2) Persons, government. An individual member of a nation, who is subject to the laws; this term is used in contradistiction to citizen, which is applied to the same individual when considering his political rights.
Deed
Only in relatively rare circumstances is a deed required to complete a transaction. In a commercial situation the most common use is where a variation or concession is made without the other party giving anything in return. A deed is enforceable regardless of the legal requirements for contracts such as the need for consideration. Where a deed is necessary, there are special requirements for a company wishing to enter into such an arrangement which may either involve use of the company or the signature of two directors or a director and a company secretary.
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 constat
It 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.
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 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 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
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.
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This dictionary contains 8526 terms.
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