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| This dictionary contains: 8526 juridical terms |
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Onerous contract
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Onerous contractCivil law. One made for a consideration given or promised, however small.
RELATED TERMS--------------------------------------
Civil
1) It is used in contradistinction to barbarous or savage, to indicate a state of society reduced to order and regular government; thus we speak of civil life, civil society, civil government, and civil liberty. 2) It is sometimes used in contradistinction to criminal, to indicate the private rights and remedies of men, as members of the community, in contrast to those which are public and relate to the government; thus we speak of civil process and criminal process, civil jurisdiction and criminal jurisdiction.
Law
A rule or body of rules of conduct inherent in human nature and essential to or binding upon human society. The learned profession that is mastered by graduate study in a law school and that is responsible for the judicial system.
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--------------------------------------
Onerari non
The name of a plea by which the defendant says that he ought not to be charged. lt is used in an action of debt.
Oneris ferendi
Civil law. The name of a servitude by which the wall or pillar of one house is bound to sustain the weight of the buildings of the neighbor.
Onerous cause
Civil law. A valuable consideration.
Onerous gift
Civil law. The gift of a thing subject to certain charges which the giver has imposed on the donee.
PREVIOUS AND NEXT TERMS--------------------------------------
Omnium
Mercant. law. A term used to express the aggregate value of the dif- ferent stocks in which a loan is usually funded.
On a person's own recognizance
Release of a person from custody without the payment of any bail or posting of bond, upon the promise to return to court.
Onerari non
The name of a plea by which the defendant says that he ought not to be charged. lt is used in an action of debt.
Oneris ferendi
Civil law. The name of a servitude by which the wall or pillar of one house is bound to sustain the weight of the buildings of the neighbor.
Onerous cause
Civil law. A valuable consideration.
Onerous contract
Onerous gift
Civil law. The gift of a thing subject to certain charges which the giver has imposed on the donee.
Onus
Latin: the burden. It is usually used in the context of evidence. The onus of proof in criminal cases lies with the state. It is the state that has the burden of proving beyond reasonable doubt. In civil cases, the onus of proof lies with the plaintiff who must prove his case by balance of probabilities. So "onus" refers both to the party with the burden, and to the scope of that burden, the latter depending whether the context is criminal or civil.
Onus probandi
Evidence. The burden of the proof.
Open court
The term sufficiently explains its meaning. By the constitution of some states, and by the laws and practice of all the others, the courts are required to be kept open; that is, free access is admitted in courts to all persons who have a desire to enter there, while it can be done without creating disorder.
Open policy
An open policy is one in which the amount of the interest of the insured is not fixed by the policy, and is to be ascertained in case of loss.
RELATED TERMS--------------------------------------
Civil
1) It is used in contradistinction to barbarous or savage, to indicate a state of society reduced to order and regular government; thus we speak of civil life, civil society, civil government, and civil liberty. 2) It is sometimes used in contradistinction to criminal, to indicate the private rights and remedies of men, as members of the community, in contrast to those which are public and relate to the government; thus we speak of civil process and criminal process, civil jurisdiction and criminal jurisdiction.
Law
A rule or body of rules of conduct inherent in human nature and essential to or binding upon human society. The learned profession that is mastered by graduate study in a law school and that is responsible for the judicial system.
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--------------------------------------
Onerari non
The name of a plea by which the defendant says that he ought not to be charged. lt is used in an action of debt.
Oneris ferendi
Civil law. The name of a servitude by which the wall or pillar of one house is bound to sustain the weight of the buildings of the neighbor.
Onerous cause
Civil law. A valuable consideration.
Onerous gift
Civil law. The gift of a thing subject to certain charges which the giver has imposed on the donee.
PREVIOUS AND NEXT TERMS--------------------------------------
Omnium
Mercant. law. A term used to express the aggregate value of the dif- ferent stocks in which a loan is usually funded.
On a person's own recognizance
Release of a person from custody without the payment of any bail or posting of bond, upon the promise to return to court.
Onerari non
The name of a plea by which the defendant says that he ought not to be charged. lt is used in an action of debt.
Oneris ferendi
Civil law. The name of a servitude by which the wall or pillar of one house is bound to sustain the weight of the buildings of the neighbor.
Onerous cause
Civil law. A valuable consideration.
Onerous contract
Onerous gift
Civil law. The gift of a thing subject to certain charges which the giver has imposed on the donee.
Onus
Latin: the burden. It is usually used in the context of evidence. The onus of proof in criminal cases lies with the state. It is the state that has the burden of proving beyond reasonable doubt. In civil cases, the onus of proof lies with the plaintiff who must prove his case by balance of probabilities. So "onus" refers both to the party with the burden, and to the scope of that burden, the latter depending whether the context is criminal or civil.
Onus probandi
Evidence. The burden of the proof.
Open court
The term sufficiently explains its meaning. By the constitution of some states, and by the laws and practice of all the others, the courts are required to be kept open; that is, free access is admitted in courts to all persons who have a desire to enter there, while it can be done without creating disorder.
Open policy
An open policy is one in which the amount of the interest of the insured is not fixed by the policy, and is to be ascertained in case of loss.
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This dictionary contains 8526 terms.
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