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| This dictionary contains: 8526 juridical terms |
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Postal rule
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Postal ruleA rule of contract law that makes an exception to the general rule that an acceptance is only created when communicated directly to the offeror. An acceptance is binding and the contract is said to be perfected when the acceptor places this acceptance in the mail box for return mail even if, in fact, it never reaches the offeror. An 1892 British case summarized it as follows: "Where the circumstances are such that it must have been within the contemplation of the parties that, according to the ordinary usages of mankind, the post might be used as a means of communicating the acceptance of an offer, the acceptance is complete as soon as it is posted."
RELATED TERMS--------------------------------------
Rule
This is a metaphorical expression borrowed from mechanics. The rule, in its proper and natural sense, is an instrument by means of which may be drawn from one point to another, the shortest possible line, which is called a straight line.
Contract
A negotiated oral or written agreement setting forth the terms for an exchange of value between parties (which may be individuals or companies) and under which each party promises to perform an obligation. Certain terms, such as the obligations to be performed and the terms for setting price or compensation must be mutually understood, known in legal lingo as a "meeting of the minds," and promised to by the parties to form a legal contract.
Exception
1) English Eq. practice. Re-interrogation. 2) Legislation, construction. Exceptions are rules which limit the extent of other more general rules, and render that just and proper, which would be, on account of its generality, unjust and improper.
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.
Acceptance
One of three requisites to a valid contract under common law (the other two being an offer and consideration). A contract is a legally binding agreement between two or more parties which starts with an offer from one person but which does not become a contract until the other party signifies an unequivocal willingness to accept the terms of that offer. The moment of acceptance is the moment from which a contract is said to exist, and not before. Acceptance need not always be direct and can, in certain circumstances, be implied by conduct.
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.
Said
Before mentioned.
Mail
This word, derived from the French malle, a trunk, signifies the bag, valise, or other contrivance used in conveying through the post office, letters, packets, newspapers, pamphlets, and the like, from place to place, under the authority of the United States. The things thus carried are also called the mail.
Return
Contracts, remedies. Persons who are beyond the sea are exempted from the operation of the statute of limitations of Pennsylvania, and of other states, till after a certain time has elapsed after their returning.
Fact
An action; a thing done. It is either simple or compound.
Case
1) Practice. A contested question before a court of justicea suit or action a cause. 2) An agreement in writing, between a plaintiff and defendant, that the facts in dispute between them are as there agreed upon and mentioned
Parties
Contracts. Those persons who engage themselves to do, or not to do the matters and things contained in an agreement.
Ordinary
Civil and Ecclesiastical law. An officer who has original jurisdiction in his own right and not by deputation.
Mankind
Persons of the male sex; but in a more general sense, it includes persons of both sexes; for example, the statute of 25 Hen. VIII.,makes it felony to commit, sodomy with mankind or beast. Females as well as males axe included under the term mankind.
Post
After. When two or more alienations or descents have taken place between an original intruder ant or defendant in a writ of entry, the writ is said to be in the post, because it states that the tenant had not entry unless after the ouster of the original intruder.
Offer
Contracts. A proposition to do a thing. An offer ought to contain a right, if accepted, of compelling the fulfilment of the contract, and this right when not expressed, is always implied.
SIMILAR TERMS--------------------------------------
Post
After. When two or more alienations or descents have taken place between an original intruder ant or defendant in a writ of entry, the writ is said to be in the post, because it states that the tenant had not entry unless after the ouster of the original intruder.
Post date
To date an instrument a time after that on which it is made.
Post diem
After the day; as a plea of payment post diem, after the, day when the money became due.
Post disseisin, eng
English law. The name of a writ which, lies for him who, having recovered lands and tenements by force of a novel disseisin, is again disseised by a former disseisor.
Post entry
Maritime law. When a merchant makes an entry on the importation of, goods, and at the time he is not able to calculate exactly the duties which he is liable to pay, gave rise to the practice of allowing entries to be made after the goods have been weighed, measured or gauged, to make up the deficiency of the original or prime entry; the entry thus allowed to be made is called a post entry.
Post facto
After the fact.
Post litem motam
After the commencement of the suit.
Post mark
A stamp or, mark put on letters in the post office.
Post mortem
After death; as, an examination post mortem, is an examination made of a dead body to ascertain the cause of death; an inquisition post mortem, is one made by the coroner.
Post nati
Born after. This term is applied to persons who came to reside in tho United States after the declaration of independence. They are generally considered aliens, unless they become naturalized, or are otherwise so declared, by law. In Massachusetts, by statutory provision, and in Connecticut, by decision, a person born abroad, if he went there to reside before the treaty of peace of the 3d of September, 1783, is considered a citizen.
Post natus
Literally after born; it is used by the old law writers to designate the second son.
Post notes
A species of bank notes payable at a distant period, and not on demand. A kind of bank notes intended to be transmitted at a distance by post.
Post nuptial
Something which takes place after marriage; as a post nuptial settlement, which is a conveyance made generally by the hushand for the benefit of the wife.
Post obit
Contract. An agreement, by which the obligor borrows a certain sum of money and promises to pay a larger sum, exceeding the lawful rate of interest, upon the death of a person, from whom he has some expectation, if the obligor be then living.
Post office
A place where letters are received to be sent to the persons to whom they, are addressed.
Post-trial
Refers to items happening after the trial, i.e., post-trial motions or post-trial discovery.
Postage
The money charged by law for carrying letters, packets and documents by mail.
Postage stamps
The act of congress, approved March 3, 1847, and the act of congress of March 3, 1841, provide that, to facilitate the transportation of letters in the mail, the postmaster general be authorized to prepare postage, stamps, which, when attached to any letter or packet, shall be evidence of the payment of the postage, chargeable on such letter. The same sections declare that any person who shall falsely or fraudulently make, utter, or, forge any postage stamp, with the intent to defraud the post office department, shall be deemed guilty of felony, and be punished by a fine not exceeding five hundred dollars, or by imprisonment not exceeding five years, or by both such fine and imprisonment.
Postea
Practice. Afterwards. The endorsement on the nisi prius record purporting to be the return of the judge before whom a cause is tried, of, what has been done in respect of such record. It states the day of trial, before what judge, by name, the cause is tried, and also who is or was an associate of such judge; it also states the appearance of the parties by their respective attorneys, or their defaults; and the summoning and choice of the jury, whether those who were originally summoned, or those who were tales, or taken from the standers by; it then states the finding of the jury upon oath, and, according to the description of the action, and the assessment of the damages with the occasion thereof, together with the costs.
Posteriores
This term was used by the Romans to denote the descendant in a direct line beyond the sixth degree. It is still used in making genealogical tables.
Posteriority
Rights. Being or, coming after. It is a word of comparison, the correlative of which is priority; as, when a man holds lands from two landlords, he holds from his ancient landlord by priority and from the other by posteriority.
Posterity
Descents. All the descendants of a person in a direct line.
Posthumous child
After the death of its father; or, when the Caesarian operation is performed, after that of the mother.
Postils
Postillae. Marginal notes made in a book or writing for reference to other parts of the same, or some other book or writing.
Postliminium
That right in virtue of which persons and things taken by the enemy are restored to their former state, when coming again under the power of the nation to which they belong.
Postman
English law. A barrister in the court of exchequer, who has precedence in: motions.
Postmaster
An officer of the United States appointed by the postmaster general to hold his office. during the, plaasure of the former. Before entering on the duties of his office, he is required to give bond with surety to be approved by the postmaster general.
Postmaster general
The chief officer of the post office department of the United States. Various duties are imposed upon this officer by the acts of congress of March 3, 1825, and July 2, 1836, which will be found under the articles Mail; Post Office and Postage.
Postnuptial
A written contract between husband and wife that states all of their present and future rights in view of their impending divorce.
Postulatio
Roman civil law. The name given to the first act in a criminal proceeding. A person who wished to accuse another of a crime, appeared before the praetor and asked his authority for that purpose, designating the person intended. This act was called postulatio. The postulant (calumniam jurabat) made oath that he was not influenced by a spirit of calumny, but acted in good faith, with a view to the public interest. The praetor received this declaration, at, first made verbally, but afterwards in writing, and called a libel. The postulatio was posted lip in the forum, to give public notice of the names of the accuser and the accused. A second accuser sometimes appeared and went through the same formalities.
PREVIOUS AND NEXT TERMS--------------------------------------
Post nuptial
Something which takes place after marriage; as a post nuptial settlement, which is a conveyance made generally by the hushand for the benefit of the wife.
Post obit
Contract. An agreement, by which the obligor borrows a certain sum of money and promises to pay a larger sum, exceeding the lawful rate of interest, upon the death of a person, from whom he has some expectation, if the obligor be then living.
Post office
A place where letters are received to be sent to the persons to whom they, are addressed.
Postage
The money charged by law for carrying letters, packets and documents by mail.
Postage stamps
The act of congress, approved March 3, 1847, and the act of congress of March 3, 1841, provide that, to facilitate the transportation of letters in the mail, the postmaster general be authorized to prepare postage, stamps, which, when attached to any letter or packet, shall be evidence of the payment of the postage, chargeable on such letter. The same sections declare that any person who shall falsely or fraudulently make, utter, or, forge any postage stamp, with the intent to defraud the post office department, shall be deemed guilty of felony, and be punished by a fine not exceeding five hundred dollars, or by imprisonment not exceeding five years, or by both such fine and imprisonment.
Postal rule
Postea
Practice. Afterwards. The endorsement on the nisi prius record purporting to be the return of the judge before whom a cause is tried, of, what has been done in respect of such record. It states the day of trial, before what judge, by name, the cause is tried, and also who is or was an associate of such judge; it also states the appearance of the parties by their respective attorneys, or their defaults; and the summoning and choice of the jury, whether those who were originally summoned, or those who were tales, or taken from the standers by; it then states the finding of the jury upon oath, and, according to the description of the action, and the assessment of the damages with the occasion thereof, together with the costs.
Posteriores
This term was used by the Romans to denote the descendant in a direct line beyond the sixth degree. It is still used in making genealogical tables.
Posteriority
Rights. Being or, coming after. It is a word of comparison, the correlative of which is priority; as, when a man holds lands from two landlords, he holds from his ancient landlord by priority and from the other by posteriority.
Posterity
Descents. All the descendants of a person in a direct line.
Posthumous child
After the death of its father; or, when the Caesarian operation is performed, after that of the mother.
RELATED TERMS--------------------------------------
Rule
This is a metaphorical expression borrowed from mechanics. The rule, in its proper and natural sense, is an instrument by means of which may be drawn from one point to another, the shortest possible line, which is called a straight line.
Contract
A negotiated oral or written agreement setting forth the terms for an exchange of value between parties (which may be individuals or companies) and under which each party promises to perform an obligation. Certain terms, such as the obligations to be performed and the terms for setting price or compensation must be mutually understood, known in legal lingo as a "meeting of the minds," and promised to by the parties to form a legal contract.
Exception
1) English Eq. practice. Re-interrogation. 2) Legislation, construction. Exceptions are rules which limit the extent of other more general rules, and render that just and proper, which would be, on account of its generality, unjust and improper.
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.
Acceptance
One of three requisites to a valid contract under common law (the other two being an offer and consideration). A contract is a legally binding agreement between two or more parties which starts with an offer from one person but which does not become a contract until the other party signifies an unequivocal willingness to accept the terms of that offer. The moment of acceptance is the moment from which a contract is said to exist, and not before. Acceptance need not always be direct and can, in certain circumstances, be implied by conduct.
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.
Said
Before mentioned.
This word, derived from the French malle, a trunk, signifies the bag, valise, or other contrivance used in conveying through the post office, letters, packets, newspapers, pamphlets, and the like, from place to place, under the authority of the United States. The things thus carried are also called the mail.
Return
Contracts, remedies. Persons who are beyond the sea are exempted from the operation of the statute of limitations of Pennsylvania, and of other states, till after a certain time has elapsed after their returning.
Fact
An action; a thing done. It is either simple or compound.
Case
1) Practice. A contested question before a court of justicea suit or action a cause. 2) An agreement in writing, between a plaintiff and defendant, that the facts in dispute between them are as there agreed upon and mentioned
Parties
Contracts. Those persons who engage themselves to do, or not to do the matters and things contained in an agreement.
Ordinary
Civil and Ecclesiastical law. An officer who has original jurisdiction in his own right and not by deputation.
Mankind
Persons of the male sex; but in a more general sense, it includes persons of both sexes; for example, the statute of 25 Hen. VIII.,makes it felony to commit, sodomy with mankind or beast. Females as well as males axe included under the term mankind.
Post
After. When two or more alienations or descents have taken place between an original intruder ant or defendant in a writ of entry, the writ is said to be in the post, because it states that the tenant had not entry unless after the ouster of the original intruder.
Offer
Contracts. A proposition to do a thing. An offer ought to contain a right, if accepted, of compelling the fulfilment of the contract, and this right when not expressed, is always implied.
SIMILAR TERMS--------------------------------------
Post
After. When two or more alienations or descents have taken place between an original intruder ant or defendant in a writ of entry, the writ is said to be in the post, because it states that the tenant had not entry unless after the ouster of the original intruder.
Post date
To date an instrument a time after that on which it is made.
Post diem
After the day; as a plea of payment post diem, after the, day when the money became due.
Post disseisin, eng
English law. The name of a writ which, lies for him who, having recovered lands and tenements by force of a novel disseisin, is again disseised by a former disseisor.
Post entry
Maritime law. When a merchant makes an entry on the importation of, goods, and at the time he is not able to calculate exactly the duties which he is liable to pay, gave rise to the practice of allowing entries to be made after the goods have been weighed, measured or gauged, to make up the deficiency of the original or prime entry; the entry thus allowed to be made is called a post entry.
Post facto
After the fact.
Post litem motam
After the commencement of the suit.
Post mark
A stamp or, mark put on letters in the post office.
Post mortem
After death; as, an examination post mortem, is an examination made of a dead body to ascertain the cause of death; an inquisition post mortem, is one made by the coroner.
Post nati
Born after. This term is applied to persons who came to reside in tho United States after the declaration of independence. They are generally considered aliens, unless they become naturalized, or are otherwise so declared, by law. In Massachusetts, by statutory provision, and in Connecticut, by decision, a person born abroad, if he went there to reside before the treaty of peace of the 3d of September, 1783, is considered a citizen.
Post natus
Literally after born; it is used by the old law writers to designate the second son.
Post notes
A species of bank notes payable at a distant period, and not on demand. A kind of bank notes intended to be transmitted at a distance by post.
Post nuptial
Something which takes place after marriage; as a post nuptial settlement, which is a conveyance made generally by the hushand for the benefit of the wife.
Post obit
Contract. An agreement, by which the obligor borrows a certain sum of money and promises to pay a larger sum, exceeding the lawful rate of interest, upon the death of a person, from whom he has some expectation, if the obligor be then living.
Post office
A place where letters are received to be sent to the persons to whom they, are addressed.
Post-trial
Refers to items happening after the trial, i.e., post-trial motions or post-trial discovery.
Postage
The money charged by law for carrying letters, packets and documents by mail.
Postage stamps
The act of congress, approved March 3, 1847, and the act of congress of March 3, 1841, provide that, to facilitate the transportation of letters in the mail, the postmaster general be authorized to prepare postage, stamps, which, when attached to any letter or packet, shall be evidence of the payment of the postage, chargeable on such letter. The same sections declare that any person who shall falsely or fraudulently make, utter, or, forge any postage stamp, with the intent to defraud the post office department, shall be deemed guilty of felony, and be punished by a fine not exceeding five hundred dollars, or by imprisonment not exceeding five years, or by both such fine and imprisonment.
Postea
Practice. Afterwards. The endorsement on the nisi prius record purporting to be the return of the judge before whom a cause is tried, of, what has been done in respect of such record. It states the day of trial, before what judge, by name, the cause is tried, and also who is or was an associate of such judge; it also states the appearance of the parties by their respective attorneys, or their defaults; and the summoning and choice of the jury, whether those who were originally summoned, or those who were tales, or taken from the standers by; it then states the finding of the jury upon oath, and, according to the description of the action, and the assessment of the damages with the occasion thereof, together with the costs.
Posteriores
This term was used by the Romans to denote the descendant in a direct line beyond the sixth degree. It is still used in making genealogical tables.
Posteriority
Rights. Being or, coming after. It is a word of comparison, the correlative of which is priority; as, when a man holds lands from two landlords, he holds from his ancient landlord by priority and from the other by posteriority.
Posterity
Descents. All the descendants of a person in a direct line.
Posthumous child
After the death of its father; or, when the Caesarian operation is performed, after that of the mother.
Postils
Postillae. Marginal notes made in a book or writing for reference to other parts of the same, or some other book or writing.
Postliminium
That right in virtue of which persons and things taken by the enemy are restored to their former state, when coming again under the power of the nation to which they belong.
Postman
English law. A barrister in the court of exchequer, who has precedence in: motions.
Postmaster
An officer of the United States appointed by the postmaster general to hold his office. during the, plaasure of the former. Before entering on the duties of his office, he is required to give bond with surety to be approved by the postmaster general.
Postmaster general
The chief officer of the post office department of the United States. Various duties are imposed upon this officer by the acts of congress of March 3, 1825, and July 2, 1836, which will be found under the articles Mail; Post Office and Postage.
Postnuptial
A written contract between husband and wife that states all of their present and future rights in view of their impending divorce.
Postulatio
Roman civil law. The name given to the first act in a criminal proceeding. A person who wished to accuse another of a crime, appeared before the praetor and asked his authority for that purpose, designating the person intended. This act was called postulatio. The postulant (calumniam jurabat) made oath that he was not influenced by a spirit of calumny, but acted in good faith, with a view to the public interest. The praetor received this declaration, at, first made verbally, but afterwards in writing, and called a libel. The postulatio was posted lip in the forum, to give public notice of the names of the accuser and the accused. A second accuser sometimes appeared and went through the same formalities.
PREVIOUS AND NEXT TERMS--------------------------------------
Post nuptial
Something which takes place after marriage; as a post nuptial settlement, which is a conveyance made generally by the hushand for the benefit of the wife.
Post obit
Contract. An agreement, by which the obligor borrows a certain sum of money and promises to pay a larger sum, exceeding the lawful rate of interest, upon the death of a person, from whom he has some expectation, if the obligor be then living.
Post office
A place where letters are received to be sent to the persons to whom they, are addressed.
Postage
The money charged by law for carrying letters, packets and documents by mail.
Postage stamps
The act of congress, approved March 3, 1847, and the act of congress of March 3, 1841, provide that, to facilitate the transportation of letters in the mail, the postmaster general be authorized to prepare postage, stamps, which, when attached to any letter or packet, shall be evidence of the payment of the postage, chargeable on such letter. The same sections declare that any person who shall falsely or fraudulently make, utter, or, forge any postage stamp, with the intent to defraud the post office department, shall be deemed guilty of felony, and be punished by a fine not exceeding five hundred dollars, or by imprisonment not exceeding five years, or by both such fine and imprisonment.
Postal rule
Postea
Practice. Afterwards. The endorsement on the nisi prius record purporting to be the return of the judge before whom a cause is tried, of, what has been done in respect of such record. It states the day of trial, before what judge, by name, the cause is tried, and also who is or was an associate of such judge; it also states the appearance of the parties by their respective attorneys, or their defaults; and the summoning and choice of the jury, whether those who were originally summoned, or those who were tales, or taken from the standers by; it then states the finding of the jury upon oath, and, according to the description of the action, and the assessment of the damages with the occasion thereof, together with the costs.
Posteriores
This term was used by the Romans to denote the descendant in a direct line beyond the sixth degree. It is still used in making genealogical tables.
Posteriority
Rights. Being or, coming after. It is a word of comparison, the correlative of which is priority; as, when a man holds lands from two landlords, he holds from his ancient landlord by priority and from the other by posteriority.
Posterity
Descents. All the descendants of a person in a direct line.
Posthumous child
After the death of its father; or, when the Caesarian operation is performed, after that of the mother.
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This dictionary contains 8526 terms.
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