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Preciput
PreciputFrench 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. RELATED TERMS-------------------------------------- Law A rule or body of rules of conduct inherent in human nature and essential to or binding upon human society. The learned profession that is mastered by graduate study in a law school and that is responsible for the judicial system. Agreement A verbal or written resolution of disputes. Parties Contracts. Those persons who engage themselves to do, or not to do the matters and things contained in an agreement. Property Property is commonly thought of as a thing which belongs to someone and over which a person has total control. But, legally, it is more properly defined as a collection of legal rights over a thing. These rights are usually total and fully enforceable by the state or the owner against others. It has been said that "property and law were born and die together. Before laws were made there was no property. Take away laws and property ceases." before laws were written and enforced, property had no relevance. Possession was all that mattered. There are many classifications of property, the most common being between real property or immoveable property (real estate such as land or buildings) and "chattel", or "moveable" (things which are not attached to the land such as a bicycle, a car or a hammer) and between public (property belonging to everybody or to the state) and private property. Common marriage law. a marriage in which no formal ceremony took place and no license exists. 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. Partition Conveyancing. A deed of partition is, one by which lands held in joint tenancy, coparcenary, or in common, are divided into distinct portions, and allotted to the several parties, who take them in severalty. Place Pleading, evidence. A particular portion of space; locality. 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. 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. 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-------------------------------------- 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 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. Pre-emption International law. The right of preemption is the right of a nation to detain the merchandise of strangers passing through her territories or seas, in order to afford to her subjects the preference of purchase. We thank you for using the Juridical Dictionary to search for Preciput. If you have a better definition for Preciput than the one presented here, please let us know by making use of the suggest a term option. This definition of Preciput may be disputed by other professionals. Our attempt is to provide easy definitions on Preciput and any other medical topic for the public at large.
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