Juridical Dictionary

This dictionary contains:
8526
juridical terms

Precipe






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.

RELATED TERMS
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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.

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.

Name
One or more words used to distinguish a particular individual, as Socrates, Benjamin Franklin.

Instructions
1) Practice. The statements of a cause of action, given by a client to his attorney, and which, where such is the practice, are sent to his pleader to put into legal form of a declaration. 2) Common law, Contracts. Orders given by a principal to his agent in relation to the business of his agency.

Attorney
A graduate of an accredited law school and member in good standing of the Bar Association. Only attorneys can give legal advice.

Plaintiff
The party who begins an action; the party who complains or sues in an action and is named as such in the court's records. Also called a petitioner.

Clerk
1) Commerce, contract. A person in the employ of a merchant, who attends only to a part of his business, while the merchant himself superintends the whole. 2) Ecclesiastical law. Every individual, who is attached to the ecclesiastical state, and who has submitted to the ceremony of the tonsure, is a clerk. 3) A person employed in an office, public or private, for keeping records or accounts. His business is to write or register, in proper form, the transactions of the tribunal or body to which he belongs. Some clerks, however, have little or no writing to do in their offices, as, the clerk of the market, whose duties are confined chiefly to superintending the markets.

Prothonotary
The title given to an officer who officiates as principal clerk of some courts.

Court
A body in government to which the administration of justice is delegated.

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).



SIMILAR TERMS
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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
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.

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
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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

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.

Predecessor
One who has preceded another.

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This dictionary contains 8526 terms.