Juridical Dictionary

This dictionary contains:
8526
juridical terms

Opening a judgment






Opening a judgment

The act of the court by which a judgment is so far annulled that it cannot be executed, but which still retains some qualities of a judgment; as, for example, its binding operation or lien upon the real estate of the defendant.

RELATED TERMS
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Court
A body in government to which the administration of justice is delegated.

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.

Example
An example is a case put to illustrate a. principle.

Lien
Contracts. In its most extensive signification, this term includes every case in which real or personal property is charged with the payment of any debt or duty; every such charge being denominated a lien on the property. In a more limited sense it is defined to be a right of detaining the property of another until some claim be satisfied.

Real
1) A term which is applied to land in its most enlarged signification. Real security, therefore, means the security of mortgages or other incumbrances affecting lands. 2) In the civil law, real has not the same meaning as it has in the common law. There it signifies what relates to a thing, whether it be movable or immovable, lands or goods; thus, a real injury is one which is done to a thing, as a trespass to property, whether it be real or personal in the common law sense. A real statute is one which relates to a thing, in contradistinction to such as relate to a person.

Estate
A right or interest in property or the property of a deceased person.

Defendant
A party who is sued in a personal action.



SIMILAR TERMS
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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.

Open-ended agreement
An agreement or contract which does not have an ending date but which will continue for as long as certain conditions, identified in the agreement, exist.

Opening statement
A lawyer's opening remarks in the beginning of a trial. they are addressed to the judge.



PREVIOUS AND NEXT TERMS
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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.

Open-ended agreement
An agreement or contract which does not have an ending date but which will continue for as long as certain conditions, identified in the agreement, exist.

Opening a judgment

Opening statement
A lawyer's opening remarks in the beginning of a trial. they are addressed to the judge.

Operation of law
This term is applied to those rights which are cast upon a party by the law, without any act of his own; as, the right to an estate of one who dies intestate, is cast upon the heir at law, by operation of law; when a lessee for life enfeoffs him in reversion, or when the lessee and lessor join in a feoffment, or when a lessee for life or years accepts a new lease or demise from the lessor, there is a surrender of the first lease by operation of law.

Operative
A workman; one employed to perform labor for another.

Opinion
1) Practice. A declaration by a counsel to his client of what the law is, according to his judgment, on a statement of facts submitted to him. The paper upon which an opinion is written is, by a figure of speech, also called an opinion. 2) Evidence. An inference made, or conclusion drawn, by a witness from facts known to him. 3) Judgment. A collection of reasons delivered by a judge for giving the judgment he is about to pronounce the judgment itself is sometimes called an opinion.

Opposition
practice. The act of a creditor who, declares his dissent to a debtor's being discharged under the insolvent laws.

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This dictionary contains 8526 terms.