Juridical Dictionary

This dictionary contains:
8526
juridical terms

Power




Power

This is either inherent or derivative. The former is the right, ability, or faculty of doing something, without receiving that right, ability, or faculty from another. The people have the power to establish a form of govemment, or to change one already established. A father has the legal power to chastise his son; a master, his apprentice.

RELATED TERMS
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Derivative
Coming from another; taken from something preceding, secondary; as derivative title, which is that acquired from another person.

Right
1) Sometimes it signifies a law, as when we say that natural right requires us to keep our promises, or that it commands restitution, or that it forbids murder. In our language it is seldom used in this sense. 2) It sometimes means that quality in our actions by which they are denominated just ones. This is usually denominated rectitude. 3) It is that quality in a person by which he can do certain actions, or possess certain things which belong to him by virtue of some title. In this sense, we use it when we say that a man has a right to his estate or a right to defend himself.

Faculty
1)Canon law. A license; an authority. For example, the ordinary having the disposal of all seats in the nave of a church, may grant this power, which, when it is delegated, is called a faculty, to another. 2)French law. Equivalent to ability or pow-er. The term faculty is more properly applied to a power founded on the consent of the party from whom it springs, and not founded on property.

Without
Pleading. This word is adopted in formal traverses, and is a negative signifying "and not for;" accordingly the language of the elder entries sometimes is, It et nemy pur tiel cause.

People
A state.

Power
This is either inherent or derivative. The former is the right, ability, or faculty of doing something, without receiving that right, ability, or faculty from another. The people have the power to establish a form of govemment, or to change one already established. A father has the legal power to chastise his son; a master, his apprentice.

Establish
This word occurs frequently in the Constitution of the United $tates, and it is there used in different meanings. 1) To settle firmly, to fix unalterably; 2) To make or form as, to establish an uniform rule of naturalization, and uniform laws on the subject of bankruptcies, which evidently does not mean that these laws shall be unalterably established as justice. 3) To found, to create, to regulate; 4. To found, recognize, confirm or admit; 5) To create, to ratify, or confirm.

Change
The exchange of money for money.

Father
Domestic relations. He by whom a child is begotten.

Legal
That which is according to law. It is used in opposition to equitable, as the legal estate is, in the trustee, the equitable estate in the cestui que trust.

Son
Kindred. An immediate male descendant. In its technical meaning in devises, this is a word of purchase, but the testator may make it a word of descent. Sometimes it is extended to more remote descendants.

Master
"This word has several meanings. 1) Master is one who has control over a servant or apprentice. A master stands in relation to his apprentices, in loco parentis, and is bound to fulfil that relation, which the law generally enforces. He is also entitled to be obeyed by his apprentices, as if they were his children. 2) Master is one who is employed in teaching children, known generally as a schoolmaster; as to his powers 3) Master is the name of an officer: as, the ship Benjamin Franklin, whereof A B is master; the master of the rolls; master in chancery, &c .4) By master is also understood a principal who employs another to perform some act or do something for him. The law having adopted the maxim of the civil law, qui facit per alium facit per se; the agent is but an instrument, and the master is civilly responsible for the act of his agent, as if it were his own, when he either commands him to do an act, or puts him in a condition, of which such act is a result, or by the absence of due care and control, either previously in the choice of his agent, or immediately in the act itself, negligently suffers him to do an injury.

Apprentice
Person, contracts. A person bound in due form of law to a master, to learn from him his art, trade or business, and to serve him during the time of his apprenticeship.



SIMILAR TERMS
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Power of attorney
A power of attorney is a written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies.

Power of the county
The male inhabitants of a county, over fifteen years of age, whom the sheriff may command to aid him in preserving the peace, executing process, arresting felons, etc.; the posse comitatus.



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Pound
1) Weight. There are two kinds of weights, namely, the troy, and the avoirdupois. The pound avoirdupois is greater than the troy pound, in the proportion of seven thousand to five thousand seven hundred and sixty. The troy pound contains twelve ounces, that of avoirdupois sixteen ounces. 2) English law. A place enclosed to keep strayed animals in. 3) Money. The sum of twenty shillings. Previous to the establishment of the federal currency,, the different states made use of the pound in computing money; it was of different value in the several states.

Poundage
Practice. The amount allowed to the sheriff, or other officer, for commissions on, the money made by virtue of an execution. This allowance varies in different states, and to different officers.

Pour-over will
A will that leaves some or all estate assets to a trust established before the will-maker's death.

Pourparler
French law. The conversations and negotiations which have taken place between the parties in order to make an agreement. These form no part of the agreement.

Poursuivant
A follower, a pursuer. In the ancient English law, it signified an officer who attended upon the king in his wars, at the council table, exchequer, in his court, &e., to be sent as a messenger. A poursuivant was, therefore, a messenger of the king.

Power

Power of the county
The male inhabitants of a county, over fifteen years of age, whom the sheriff may command to aid him in preserving the peace, executing process, arresting felons, etc.; the posse comitatus.

Poyning's law
English law. The name usually given to an act which was passed by a parliament holden in Ireland in the tenth of Henry the Seventh; it enacts that all statutes made in the realm of England before that time should be in force and put in use in the realm of Ireland.

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.

Praecipe
Praecipe or precipe. Practice. The name of the written instructions given by an attorney or plaintiff to the clerk or prothonotary of a; court, whose duty it is to make out the writ, for the making of the same.

Pręcipe or precipe
Latin: used to refer to the actual writ that would be presented to a court clerk to be officially issued on behalf of the court but now mostly refers to the covering letter from the lawyer (or plaintiff) which accompanies and formally asks for the writ to be issued by the court officer. The precipe is kept on the court file, but does not accompany the writ when the latter is served on the defendant.

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This dictionary contains 8526 terms.







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