Juridical Dictionary

This dictionary contains:
8526
juridical terms

Per and cui






Per and cui

When a writ of entry is brought against a second alienee or descendant from the disseisor, it is said to be in the per and cui, because the form of the writ is that the tenant had not entry but by and under a prior alienee, to whom the intruder himself demised it.

RELATED TERMS
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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.

Writ
An official court document, signed by a judge or bearing an official court seal, which commands the person to whom it is addressed, to do something specific. That "person" is typically either a sheriff (who may be instructed to seize property, for example) or a defendant (for whom the writ is the first notice of formal legal action. In these cases, the writ would command the person to answer the charges laid out in the suit, or else judgment may be made against them in their absence).

Entry
1) Criminal law. The unlawful breaking into a house, in order to commit a crime. 2) Estates, rights. The taking possession of lands by the legal owner. 3) Commercial law. The act of setting down the particulars of a sale, or other transaction, in a merchant's or tradesman's accouut books; such entries are, in general, prima facie evidence of the sale and delivery, and of work, done.

Second
A measure equal to one sixtieth part of a minute.

Descendant
Those person who are born of, or from children of, another are called that person's descendants. Grandchildren are descendants of their grandfather as children are descendants of their natural parents. The law also distinguishes between collateral descendants and lineal descendants.

Disseisor
Torts. One who puts another out of the possession of his lands wrongfully.

Said
Before mentioned.

Tenant
Estates. One who holds or possesses lands or tenements by any kind of title, either in fee, for life, for years, or at will

Intruder
One who, on the death of the ancestor, enters on the land, unlawfully, before the heir can enter.



SIMILAR TERMS
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Per capita
Per Capita or capita. By heads or polls. An expression of frequent occurrence in laws regulating the distribution of the estates of persons dying intestate

Per curiam
(United Kingdom) In the opinion of the court.

Per diem
The allowance for meals and incidental travel related expenses.

Per fraudem
A replication to a plea where something has been pleaded which would be a discharge, if it had been honestly pleaded, that such a thing has been obtained by fraud.

Per infortunium
Criminal law. Homicide per infortunium, or by misadventure, is said to take place when a man in doing a lawful act, without any intent to hurt, unfortunately kills another.

Per minas
By threats. When a man is compelled to enter into a contract by threats or menaces, either for fear of loss of life, or mayhem, he may avoid it afterwards.

Per my et per tout
By every part or parcel and by the whole. A joint tenant of lands is said to be seised per my et per tout.

Per quod
Pleading. By which; whereby.

Per se doctrine
Under this doctrine an activity such as price fixing can be declared as a violation of the antitrust laws without necessity of a court inquiring into the reasonableness of the activity.

Per stirpes
By stock; by roots.



PREVIOUS AND NEXT TERMS
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Pension
A stated and certain allowance granted by the government to an individual, or those who represent him, for valuable services performed by him for the country.

Pensioner
One who is supported by an allowance at the will of another. It is more usually applied to him who receives an annuity or pension from the government.

Peonia
Spanish law. A portion of land which was formerly given to a simple soldier, on the conquest of a country. It is now a quantity of land, of different size in different provinces. In the Spanish possessions in America, it measured fifty feet front and one hundred feet deep.

People
A state.

Per
By. When a writ of entry is sued out against the alienee, or descendant of the original disseisor, it is then said to be brought in the per, because the writ states that the tenant had not the entry but by the original wrong doer.

Per and cui

Per capita
Per Capita or capita. By heads or polls. An expression of frequent occurrence in laws regulating the distribution of the estates of persons dying intestate

Per curiam
(United Kingdom) In the opinion of the court.

Per fraudem
A replication to a plea where something has been pleaded which would be a discharge, if it had been honestly pleaded, that such a thing has been obtained by fraud.

Per infortunium
Criminal law. Homicide per infortunium, or by misadventure, is said to take place when a man in doing a lawful act, without any intent to hurt, unfortunately kills another.

Per minas
By threats. When a man is compelled to enter into a contract by threats or menaces, either for fear of loss of life, or mayhem, he may avoid it afterwards.

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This dictionary contains 8526 terms.