Juridical Dictionary

This dictionary contains:
8526
juridical terms

Preamble






Preamble

A preface, an introduction or explanation of what is to follow: that clause at the head of acts of congress or other legislatures which explains the reasons why the act is made. Preambles are also frequently put in contracts to, explain the motives of the contracting parties.

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Introduction
That part of a writing in which are detailed those facts which elucidate the subject. In chancery pleading, the introduction is that part of a bill which contains the names and description of the persons exhibiting the bill. In this part of the bill are also given the places of abode, title, or office, or business, and the character in which they sue, if it is in autre droit, and such other description as is required to show the jurisdiction of the court.

Clause
Contracts. A particular disposition which makes part of a treaty; of an act of the legislature; of a deed, written agreement, or other written contract or will.

Congress
Med. juris. This name was anciently given in France, England, and other countries, to the-indecent intercourse between married persons, in the presence of witnesses appointed by the courts, in cases when the husband or wife was charged by the other with impotence.

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



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Praetor
Roman civil law. A municipal officer of Rome, so called because, (praeiret populo,) he went before or took precedence of the people. The consuls were at first called praetors

Pragmatic sanction
French law. This expression is used to designate those ordinances which concern the most important object of the civil or ecclesiastical administration. In the civil law, the answer given by the emperors on questions of law, when consulted by a corporation or the citizens of a province, or of a, municipality, was called a pragmatic sanction.

Prayer
Chanc. pleadings. That part of a bill which asks for relief.

Prayer for relief
chan. pleading. This is the name of that part of the bill, which, as the phrase imports, prays for relief. This prayer is either general or special but the general course is for the plaintiff to make a special prayer for particular relief to which he thinks himself entitled, and then to conclude with a prayer of general relief at the discretion of the court.

Prayer of process
Chancery, pleading. That part of a bill which prays that the defendant be compelled to appear and answer the bill, and abide the determination of the court on the subject, is called prayer of process. This prayer must contain the name's of all Persons who are intended to be made parties.

Preamble

Precarious right
The right which the owner of a thing transfers to another, to enjoy the same until it shall please the owner to revoke it.

Precarium
The name of a contract among civilians, by which the owner of a thing at the request of another person, gives him a thing to use as long as the owner shall please.

Precatory words
Expressions in a will praying or requesting that a thing shall be done.

Precedence
The right of being first placed in a certain order, the first rank being supposed the most honorable.

Precedent
A case which establishes legal principles to a certain set of facts, coming to a certain conclusion, and which is to be followed from that point on when similar or identical facts are before a court. Precedent form the basis of the theory of stare decisis which prevent "reinventing the wheel" and allows citizens to have a reasonable expectation of the legal solutions which apply in a given situation.

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This dictionary contains 8526 terms.