Juridical Dictionary

This dictionary contains:
8526
juridical terms

Plene administravit




Plene administravit

Pleading. A plea in bar entered by an executor or administrator by which he affirms that he had not in his possession at the time of the commencement of the suit, nor has had at any time since any goods of the deceased to be administered; when the plaintiff replies that the defendant had goods, &c., in his possession at that time, and the parties join issue, the burden of the proof will be on the plaintiff.

RELATED TERMS
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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.

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.

Executor
A person specifically appointed by a testator to administer the will ensuring that final wishes are respected (i.e. that the will is properly "executed"). An executor is a personal representative.

Administrator
A person who administers the estate of a person deceased. The administrator is appointed by a court and is the person who would then have power to deal with the debts and assets of a person who died intestate. Female administrators are called "administratrix." An administrator is a personal representative.

Possession
International law. By possession is meant a country which is held by no other title than mere conquest.

Time
Contracts, evidence, practice. The measure of duration., It is divided into years, months. days, hours, minutes, and seconds. It is also divided into day and night. 2) Pleading. The avertment of time is generally necessary in pleading; the rules are different, in different actions.

Suit
An action. The word suit in the 25th section of the judiciary act of 1789, applies to any proceeding in a court of justice, in which the plaintiff pursues, in such court, the remedy which the law affords him. An application for a prohibition is therefore a suit.

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.

Plaintiff
The party who begins an action; the party who complains or sues in an action and is named as such in the court's records. Also called a petitioner.

Defendant
A party who is sued in a personal action.

Parties
Contracts. Those persons who engage themselves to do, or not to do the matters and things contained in an agreement.

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.

Proof
Practice. The conviction or persuasion of the mind of a judge or jury, by the exhibition of evidence, of the reality of a fact alleged: as, to prove, is to determine or persuade that a thing does or does not exist.

Will
A will is a legal document in which a person directs how his property is to be distributed after his death. Such documents must be executed in due form and must be duly witnessed.



SIMILAR TERMS
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Plena probatio
A term used in the civil law, to signify full proof, in contradistinction to semi-plena probatio, which is only a presumption.

Plenarty
Ecclesiastical law. Signifies that a benefice is full.

Plenary
Full, complete.

Plene administravit praeter
This is the usual plea of plene administravit, except that the defendant admits a certain amount of assets in his hands.

Plene computavit
Pleading. A plea in an action of account render, by which the defendant avers that he has fully accounted. Bac. Ab. Accompt, E. This plea does not admit the liability of the defendant to account.

Plenipotentiary
Possessing full powers; as, a minister plenipotentiary, is one authorized fully to settle the matters connected with his mission, subject however to the ratification of the government by which he is authorized.

Plenum dominium
The unlimited right which the owner has to use his property as he deems proper, without accountability to any one.



PREVIOUS AND NEXT TERMS
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Pledges
Pleading. It was anciently necessary to find pledges or sureties to prosecute a suit, and the names of the pledges were added at the foot of the declaration; but in the course of time it became unnecessary to find such pledges because the plaintiff was no longer liable to be amerced, pro falsa clamora, and the pledges were merely nominal persons, and now John Doe and Richard Roe are the universal pledges; but they may be omitted altogether;

Plegiis acquietandis, writ de
The name of an ancient writ in the English law, which lies where a man becomes pledge or surety for another to pay a certain sum of money at a certain day; after the day, if the debtor does not pay the debt, and the. surety be compelled to pay, he shall have this writ to compel the debtor to pay the same.

Plena probatio
A term used in the civil law, to signify full proof, in contradistinction to semi-plena probatio, which is only a presumption.

Plenarty
Ecclesiastical law. Signifies that a benefice is full.

Plenary
Full, complete.

Plene administravit

Plene administravit praeter
This is the usual plea of plene administravit, except that the defendant admits a certain amount of assets in his hands.

Plene computavit
Pleading. A plea in an action of account render, by which the defendant avers that he has fully accounted. Bac. Ab. Accompt, E. This plea does not admit the liability of the defendant to account.

Plenipotentiary
Possessing full powers; as, a minister plenipotentiary, is one authorized fully to settle the matters connected with his mission, subject however to the ratification of the government by which he is authorized.

Plenum dominium
The unlimited right which the owner has to use his property as he deems proper, without accountability to any one.

Plimsoll line
A mark painted on the side of merchant vessels showing the various draught levels to which the ship may be loaded, usually including tropical fresh water, fresh water, tropical sea water, summer sea water, winter sea water and (for vessels under 100 meters in length) winter North Atlantic Ocean water. The Plimsoll line is accompanied by a circle bisected by a horizontal line, indicating the summer freeboard of the ship and letters signifying the name of the ship's classification society.

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This dictionary contains 8526 terms.







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