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Precarium
PrecariumThe 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. RELATED TERMS-------------------------------------- Name One or more words used to distinguish a particular individual, as Socrates, Benjamin Franklin. 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. Owner Property. The owner is he who has dominion of a thing real or person-al, corporeal or incorporeal, which he has a right to enjoy and to do with as he pleases, even to spoil or destroy it, as far as the law permits, unless he be prevented by some agreement or covenant which restrains his right. Request 1) Contracts. A notice of a desire on the part of the person making it, that the other party shall do something in relation to a contract. 2) Pleading. The statement in the plaintiff's declaration that a demand or request has been made by the plaintiff from the defendant, to do some act which he was bound to perform, and for which the action is brought. Person This word is applied to men, women and children, who are called natural persons. SIMILAR TERMS-------------------------------------- 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. 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. Precept A writ directed to the sheriff or other officer, commanding him to do something. The term is derived from the operative praecipimus, we command. Precinct The district for which a high or petty constable is appointed, is in England, called a precinct. Precipe Precipe or parecipe. 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. Preciput French law. An object which is ascertained by law or the agreement of the parties, and which is first to be taken out of property held in common, by one having a right, before a partition takes place. Precludi non Pleading. A technical allegation contained in a replication which denies or confesses and avoids the plea. Precognition Scotch law. The examination of witnesses who were present at the commission of a criminal act, upon the special circumstances attending it, in order to know whether there is ground for a trial, and to serve for direction to the prosecutor. But the persons examined may insist on having their declaration cancelled before thev give testimony at the trial. Precontract An engagement entered into by a person, which renders him unable to enter into another; as a promise or covenant of marriage to be had afterwards. When made per verba de presenti, it is in fact a marriage, and in that case the party making it cannot marry another person. PREVIOUS AND NEXT TERMS-------------------------------------- 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 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. 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 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. Precept A writ directed to the sheriff or other officer, commanding him to do something. The term is derived from the operative praecipimus, we command. Precinct The district for which a high or petty constable is appointed, is in England, called a precinct. We thank you for using the Juridical Dictionary to search for Precarium. If you have a better definition for Precarium than the one presented here, please let us know by making use of the suggest a term option. This definition of Precarium may be disputed by other professionals. Our attempt is to provide easy definitions on Precarium and any other medical topic for the public at large.
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