Juridical Dictionary

This dictionary contains:
8526
juridical terms

Preference




Preference

The paying or securing to one or more of his creditors, by an insolvent debtor, the whole or a part of their claim, to the exclusion of the rest. By preference is also meant the right which a creditor has acquired over others to be paid first out of the assets of his debtor, as, when a creditor has obtained a judgment against his debtor which binds the latter's land, he has a preference.

RELATED TERMS
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Insolvent
1) It signifies a person whose estate is not sufficient to pay his debts. 2) A person is also said to be insolvent, who is under a present inability to answer, in the ordinary course of business, the responsibility which his creditors may enforce, by recourse to legal measures, without reference to his estate proving sufficient to pay all his debts, when ultimately wound up. 3) It signifies the situation of a person who has done some notorious act to divest himself of all his property, as a general assignment, or an application for relief, under bankrupt or insolvent laws.

Debtor
Debtor or obligor. The person who has engaged to perform some obligation. The word obligor, in its more technical signification, is applied to designate one who makes a bond.

Claim
A demand for resolution or remedy of a grievance, or for something that is rightly the claimant's. Example: A demand for payment to recover a loss protected by an insurance policy. A demand in a court of law filed by a claimant on any juridical issue he / she considers.

Exclusion
Prior to the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, exclusion was the formal term for denial of an alien’s entry into the United States. The decision to exclude an alien was made by an immigration judge after an exclusion hearing. Since April 1, 1997, the process of adjudicating inadmissibility may take place in either an expedited removal process or in removal proceedings before an immigration judge.

Rest
A party is said to "rest" or "rest its case" when it has presented all the evidence it intends to offer.

Preference
The paying or securing to one or more of his creditors, by an insolvent debtor, the whole or a part of their claim, to the exclusion of the rest. By preference is also meant the right which a creditor has acquired over others to be paid first out of the assets of his debtor, as, when a creditor has obtained a judgment against his debtor which binds the latter's land, he has a preference.

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.

Creditor
Creditor or obligee. Contracts. The person in favor of whom some obliga- tion is contracted, whether such obligation be to pay money, or to do, or not to do something.

Assets
Cash, property and investments along with anything else that may be of value to a individual or business.

When
1) At which time, in wills, standing by itself unqualified and unexplained, this is a word of condition denoting the time at which the gift is to continence. 2) The context of a will may show that the word when is to be applied to the possession only, not to the vesting of a legacy; but to justify this construction, there must be circumstances, or other expressions in the will, showing such to have been the testator's intent.

Judgment
Practice. The decision or sentence of the law, given by a court of justice or other competent tribunal, as the result of proceedings instituted therein, for the redress of an injury.



SIMILAR TERMS
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Prefect
French law. A chief officer invested with the superintendence of the administration of the laws in each department.

Preferred maritime lien
A category of maritime lien under the American Commercial Instruments and Maritime Liens Act.

Preferred mortgage
A ship mortgage on the whole of a vessel, filed in the U.S. in substantial compliance with the requirements of U.S. Code.

Preferred mortgage lien
A lien on a ship on which a preferred mortgage has been filed. they rank after preferred maritime liens (supra), by virtue of U.S. Code.

Preferred shares
A share in a company that has some kind of special right or privilege attached to it, such as that it is distinguished from the company's common shares. The most common special right is a preference over holders of common shares when dividends are declared. Another, is for the preferred shares to be redeemable at the option of either the holder or the company. Still another might be to disallow voting rights to preferred shareholders. Depending on the local laws in your state, there may be no limit to the qualifications a company can attach to preferred shares. For example, a family company may only allow holders of preferred shares to use a recreational property belonging to the company.



PREVIOUS AND NEXT TERMS
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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.

Pre-emption rights
Where a company proposes to issue new shares, existing shareholders may have the right to be offered a pro-rata part of the new shares before they are offered to a new shareholder. These pre-emption rights may be disapplied either generally or in relation to a particular new issue by a provision in the Articles of Association or a special resolution. In relation to sales of existing shares, similar rights require a shareholder wishing to sell shares to offer them first to existing shareholders before being able to transfer to outsiders.

Prefect
French law. A chief officer invested with the superintendence of the administration of the laws in each department.

Preference

Preferred maritime lien
A category of maritime lien under the American Commercial Instruments and Maritime Liens Act.

Preferred mortgage
A ship mortgage on the whole of a vessel, filed in the U.S. in substantial compliance with the requirements of U.S. Code.

Preferred mortgage lien
A lien on a ship on which a preferred mortgage has been filed. they rank after preferred maritime liens (supra), by virtue of U.S. Code.

Preferred shares
A share in a company that has some kind of special right or privilege attached to it, such as that it is distinguished from the company's common shares. The most common special right is a preference over holders of common shares when dividends are declared. Another, is for the preferred shares to be redeemable at the option of either the holder or the company. Still another might be to disallow voting rights to preferred shareholders. Depending on the local laws in your state, there may be no limit to the qualifications a company can attach to preferred shares. For example, a family company may only allow holders of preferred shares to use a recreational property belonging to the company.

Pregnancy
med. jurisp. This is defined by medical writer; to be the state of a female who has within her ovary or womb, a fecundated germ which gradually becomes developed in the latter receptaale.

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This dictionary contains 8526 terms.







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