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Precept
PreceptA writ directed to the sheriff or other officer, commanding him to do something. The term is derived from the operative praecipimus, we command. RELATED TERMS-------------------------------------- Writ An official court document, signed by a judge or bearing an official court seal, which commands the person to whom it is addressed, to do something specific. That "person" is typically either a sheriff (who may be instructed to seize property, for example) or a defendant (for whom the writ is the first notice of formal legal action. In these cases, the writ would command the person to answer the charges laid out in the suit, or else judgment may be made against them in their absence). Sheriff The name of the chief officer of the county. In Latin he is called vice comes, because in England he represented the comes or earl. His name is said to be derived from the Saxon seyre, shire or county, and reve, keeper, bailiff, or guardian. Term 1) Construction. Word; expression speech. 2) Contracts. This word is used in the civil, law to denote the space of time granted to the debtor for discharging his obligation; there are express terms resulting from the positive stipulations of the agreement; as, where one undertakes to pay a certain sum on a certain day and also terms which tacitly result from the nature of the things which are the object of the engagement, or from the place where the act is agreed to be done. For instance, if a builder engage to construct a house for me, I must allow a reasonable time for fulfilling his engagement. 3) Estates. The limitation of an estate, as a term for years, for life, and the like. The word term does not merely signify the time specified in the lease, but the estate also and interest that passes by that lease; and therefore the term may expire during the continuance of the time, as by surrender, forfeiture and the like. 4) Practice. The space of time during which a court holds a session; sometimes the term is a monthly, at others it is a quarterly period, according to the constitution of the court. Operative A workman; one employed to perform labor for another. Command 1) It signifies an order; an apprentice is bound to obey the lawful command of his master; a constable may command rioters to keep the peace. 2) He who commands another to do an unlawful act, is accessary to it. 3) Command is also equivalent to deputation or voluntary substitution; as, when a master employs one to do a thing, he is said to have Commanded him to do it; and he is responsible accordingly. 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. 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. 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-------------------------------------- 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. Precept 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. We thank you for using the Juridical Dictionary to search for Precept. If you have a better definition for Precept than the one presented here, please let us know by making use of the suggest a term option. This definition of Precept may be disputed by other professionals. Our attempt is to provide easy definitions on Precept and any other medical topic for the public at large.
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