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| This dictionary contains: 8526 juridical terms |
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Positive law
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Positive lawPositive law, as used in opposition to natural law, may be considered in a threefold point of view. 1.) The universal voluntary law, or those rules which are presumed to be law, by the uniform practice of nations in general, and by the manifest utility of the rules themselves. 2.) The customary law, or that which, from motives of convenience, has, by tacit, but implied agreement, prevailed, not generally indeed among all nations, nor with so permanent a utility as to become a portion of the universal voluntary law, but enough to have acquired a prescriptive obligation among certain states so situated as to be mutually benefited by it. 3) The conventional law, or that which is agreed between particular states by express treaty, a law binding on the parties among whom such treaties are in force.
RELATED TERMS--------------------------------------
Positive
Express; absolute; not doubtful. This word is frequently used in composition.
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.
Opposition
practice. The act of a creditor who, declares his dissent to a debtor's being discharged under the insolvent laws.
Point
Practice. A proposition or question arising in a case.
View
A prospect.
Voluntary
Willingly; done with one's consent; negligently.
Rules
English law. The rules of the King's Bench and Fleet are certain limits without the actual walls of the prisons, where the prisoner, on proper security previously given to the marshal of the king's bench, or warden of the fleet, may reside; those limits are considered, for all legal and practical purposes, as merely a further extension of the prison walls.
Practice
The form, manner and order of conducting and carrying on suits or prosecutions in the courts through their various stages, according, to the principles of law, and the rules laid down by the respective courts.
Nations
Nations or states are independent bodies politic; societies of men united together for the purpose of promoting their mutual safety and advantage by the joint efforts of their combined strength.
General
1) A principal officer, particularly in the army. 2) Something opposed to special; as, a general verdict, the general issue, which expressions are used in contradistinction to special verdict, special issue. 3) Principal, as the general post office. 4) Not select, as a general ship. 5) Not particular, as a general custom. 5) Not limited, as general jurisdiction. 7) This word is sometimes annexed or prefixed to other words to express or limit the extent of their signification; as Attorney General, Solicitor General, the General Assembly.
Manifest
1) Evidence. That which is clear and requires no proof; that which is noto- rious. 2)Common law. A written instrument containing a true account of the cargo of a ship or commercial vessel.
Tacit
That which, although not expressed, is understood from the nature of the thing, or from the provision of the law; implied.
Agreement
A verbal or written resolution of disputes.
Portion
That part of a parent's estate, or the estate of one standing in loco parentis, which is given to a child.
Obligation
In its general and most extensive sense, obligation is synony- mous with duty. In a more technical meaning, it is a tie which binds us to pay or to do something agreeably to the laws and customs of the country in which the obligation is made.
States
By this name are understood in some countries, the assembly of the different orders of the people to regulate the affairs of the commonwealth, as, the states general.
Express
That which is made known, and not left to implication. The opposite of implied. It is a rule, that when a matter or thing is expressed, it ceases to be implied by law: expressum facit cessare tacitum.
Treaty
International law. A treaty is a compact made between two or more independent nations with a view to the public welfare treaties are for a perpetuity, or for a considerable time. Those matters which are accomplished by a single act, and are at once perfected in their execution, are called agreements, conventions and pactions.
Parties
Contracts. Those persons who engage themselves to do, or not to do the matters and things contained in an agreement.
SIMILAR TERMS--------------------------------------
Positive
Express; absolute; not doubtful. This word is frequently used in composition.
PREVIOUS AND NEXT TERMS--------------------------------------
Portion
That part of a parent's estate, or the estate of one standing in loco parentis, which is given to a child.
Portoria
Civil law. Duties paid in ports on merchandise.
Port-reeve
English law. In some places in England an officer bearing this name is the chief magistrate of a port-town.
Portsales
Auctions were anciently so called, because they took place in ports
Positive
Express; absolute; not doubtful. This word is frequently used in composition.
Positive law
Posse
This word is used substantively to signify a possibility. For example, such a thing is in posse, that is, such a thing may possibly be; when the thing is in being, the phrase to express it is, in esse.
Posse comitatus
These Latin words signify the power of the county.
Possessed
This word is applied to the right and enjoyment of a termor or a person having a term, who is said to be possessed, and not seized.
Possessio fratris
The brother's possession. This is a technical phrase which is applied in the English law relating to descents. By the common law, the ancestor from whom the inheritance was taken by descent, must have had actual seisin of the lands, either by his own entry, or by the possession of his own, or his ancestor's lessee for years, or by being in the receipt of rent from the lessee of the freehold. But there are qualifications as to this rule, one of which arises from the doctrine of possesio fratris. The possession of a tenant for years, guardian or brother, is equivalent to that of the party himself, and is termed in law possessio fratris.
Possession
International law. By possession is meant a country which is held by no other title than mere conquest.
RELATED TERMS--------------------------------------
Positive
Express; absolute; not doubtful. This word is frequently used in composition.
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.
Opposition
practice. The act of a creditor who, declares his dissent to a debtor's being discharged under the insolvent laws.
Point
Practice. A proposition or question arising in a case.
View
A prospect.
Voluntary
Willingly; done with one's consent; negligently.
Rules
English law. The rules of the King's Bench and Fleet are certain limits without the actual walls of the prisons, where the prisoner, on proper security previously given to the marshal of the king's bench, or warden of the fleet, may reside; those limits are considered, for all legal and practical purposes, as merely a further extension of the prison walls.
Practice
The form, manner and order of conducting and carrying on suits or prosecutions in the courts through their various stages, according, to the principles of law, and the rules laid down by the respective courts.
Nations
Nations or states are independent bodies politic; societies of men united together for the purpose of promoting their mutual safety and advantage by the joint efforts of their combined strength.
General
1) A principal officer, particularly in the army. 2) Something opposed to special; as, a general verdict, the general issue, which expressions are used in contradistinction to special verdict, special issue. 3) Principal, as the general post office. 4) Not select, as a general ship. 5) Not particular, as a general custom. 5) Not limited, as general jurisdiction. 7) This word is sometimes annexed or prefixed to other words to express or limit the extent of their signification; as Attorney General, Solicitor General, the General Assembly.
Manifest
1) Evidence. That which is clear and requires no proof; that which is noto- rious. 2)Common law. A written instrument containing a true account of the cargo of a ship or commercial vessel.
Tacit
That which, although not expressed, is understood from the nature of the thing, or from the provision of the law; implied.
Agreement
A verbal or written resolution of disputes.
Portion
That part of a parent's estate, or the estate of one standing in loco parentis, which is given to a child.
Obligation
In its general and most extensive sense, obligation is synony- mous with duty. In a more technical meaning, it is a tie which binds us to pay or to do something agreeably to the laws and customs of the country in which the obligation is made.
States
By this name are understood in some countries, the assembly of the different orders of the people to regulate the affairs of the commonwealth, as, the states general.
Express
That which is made known, and not left to implication. The opposite of implied. It is a rule, that when a matter or thing is expressed, it ceases to be implied by law: expressum facit cessare tacitum.
Treaty
International law. A treaty is a compact made between two or more independent nations with a view to the public welfare treaties are for a perpetuity, or for a considerable time. Those matters which are accomplished by a single act, and are at once perfected in their execution, are called agreements, conventions and pactions.
Parties
Contracts. Those persons who engage themselves to do, or not to do the matters and things contained in an agreement.
SIMILAR TERMS--------------------------------------
Positive
Express; absolute; not doubtful. This word is frequently used in composition.
PREVIOUS AND NEXT TERMS--------------------------------------
Portion
That part of a parent's estate, or the estate of one standing in loco parentis, which is given to a child.
Portoria
Civil law. Duties paid in ports on merchandise.
Port-reeve
English law. In some places in England an officer bearing this name is the chief magistrate of a port-town.
Portsales
Auctions were anciently so called, because they took place in ports
Positive
Express; absolute; not doubtful. This word is frequently used in composition.
Positive law
Posse
This word is used substantively to signify a possibility. For example, such a thing is in posse, that is, such a thing may possibly be; when the thing is in being, the phrase to express it is, in esse.
Posse comitatus
These Latin words signify the power of the county.
Possessed
This word is applied to the right and enjoyment of a termor or a person having a term, who is said to be possessed, and not seized.
Possessio fratris
The brother's possession. This is a technical phrase which is applied in the English law relating to descents. By the common law, the ancestor from whom the inheritance was taken by descent, must have had actual seisin of the lands, either by his own entry, or by the possession of his own, or his ancestor's lessee for years, or by being in the receipt of rent from the lessee of the freehold. But there are qualifications as to this rule, one of which arises from the doctrine of possesio fratris. The possession of a tenant for years, guardian or brother, is equivalent to that of the party himself, and is termed in law possessio fratris.
Possession
International law. By possession is meant a country which is held by no other title than mere conquest.
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This dictionary contains 8526 terms.
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