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Per fraudem
Per fraudemA 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. RELATED TERMS-------------------------------------- Replication Pleading. The plaintiff's answer to the defendant's plea. Plea 1) Chancery practice. "A plea," says Lord Bacon, speaking of proceedings in courts of equity, "is a foreign matter to discharge or stay the suit." 2) Practice. The defendant's answer by matter of fact, to the plaintiff's declaration. Discharge Practice. The act by which a person in confinement, under some legal process, or held on an accusation of some crime or misdemeauor, is set at liberty; the writing containing the order for his being so set at liberty, is also called a discharge. Fraud Contracts, torts. Any trick or artifice employed by one person to induce another to fall into an error, or to detain him in it, so that he may make an agreement contrary to his interest. The fraud may consist either, first, in the misrepresentation, or, secondly, in the concealment of a material fact. Fraud, force and vexation, are odious in law. SIMILAR TERMS-------------------------------------- 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. 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 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-------------------------------------- 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 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. 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 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. We thank you for using the Juridical Dictionary to search for Per fraudem. If you have a better definition for Per fraudem than the one presented here, please let us know by making use of the suggest a term option. This definition of Per fraudem may be disputed by other professionals. Our attempt is to provide easy definitions on Per fraudem and any other medical topic for the public at large.
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