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Prerogative
Prerogative1) Civil law. The privilege, preeminence, or advantage which one person has over another; thus a person vested with an office, is entitled to all the rights, privileges, prerogatives, &c. which belong to it. 2) English law. The royal prerogative is an arbitrary power vested in the executive to do good and not evil. RELATED TERMS-------------------------------------- Civil 1) It is used in contradistinction to barbarous or savage, to indicate a state of society reduced to order and regular government; thus we speak of civil life, civil society, civil government, and civil liberty. 2) It is sometimes used in contradistinction to criminal, to indicate the private rights and remedies of men, as members of the community, in contrast to those which are public and relate to the government; thus we speak of civil process and criminal process, civil jurisdiction and criminal jurisdiction. 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. Privilege 1) Civil law. A right which the nature of a debt gives to a creditor, and which entitles him to be preferred before other creditors. 2) Maritime law. An allowance to the master of a ship of the general nature with primage, being compensation or rather a gratuity customary in certain trades, and which the law assumes to be a fair and equitable allowance, because the contract on both sides is made under the knowledge such usage by the parties. 3) Rights. This word, taken its active sense, is a particular law, or a particular disposition of the law, which grants certain special prerogatives to some persons, contrary to common right. In its passive sense, it is the same prerogative granted by the same particular law. Person This word is applied to men, women and children, who are called natural persons. Office An office is a right to exercise a public function or employment, and to take the fees and emoluments belonging to it Belong In statutes referring to inhabitancy, the poor, etc., designates the place of a person's legal settlement, not merely his place of residence. Prerogative 1) Civil law. The privilege, preeminence, or advantage which one person has over another; thus a person vested with an office, is entitled to all the rights, privileges, prerogatives, &c. which belong to it. 2) English law. The royal prerogative is an arbitrary power vested in the executive to do good and not evil. Arbitrary What depends on the will of the judge, not regulated or established by law. Power This is either inherent or derivative. The former is the right, ability, or faculty of doing something, without receiving that right, ability, or faculty from another. The people have the power to establish a form of govemment, or to change one already established. A father has the legal power to chastise his son; a master, his apprentice. Executive Government. That power in the government which causes the laws to be executed and obeyed: it is usually. confided to the hands of the chief magistrate; the president of the United States is invested with this authority under the national government; and the governor of each state has the executive power in his hands. SIMILAR TERMS-------------------------------------- Prerogative court eccles. law. The name of a court in England in which all testaments are proved and administrations granted, when the deceased has left bona notabilia in the province in some other diocese than that in which he died. PREVIOUS AND NEXT TERMS-------------------------------------- Prendre Prendre or prender. To take. This word is used to signify the right of taking a thing before it is offered,; hence the phrase of law, it lies in render, but not in prender Prenuptial agreement A legal contract signed by two people before they get married. it typically involves limitations on a spouse's rights to property, support, and inheritance upon divorce. Prepense The same as aforethought. Preponderance A word describing evidence that persuades a judge or jury to lean to one side as opposed to the other during the course of litigation. In many states, criminal trials require evidence beyond a reasonable doubt. But in civil trials, evidence is required only by preponderance of the evidence. The judge (or jury, where applicable) will perceive the evidence of one side as outweighing the other based on which side has the most persuasive or impressive evidence. The strength or "weight" of evidence is not decided by the sheer number of witnesses because the judge decides on the credibility of witnesses and give their testimony weight accordingly. The side with the preponderance of evidence wins the case. Preponderance of proof Greater weight of the evidence, the common standard of evidence in civil cases. Prerogative Prerogative court eccles. law. The name of a court in England in which all testaments are proved and administrations granted, when the deceased has left bona notabilia in the province in some other diocese than that in which he died. Prescriptible That which is subject to prescription. Prescription The manner of acquiring property by a long, honest, and uninterrupted possession or use during the time required by law. The possession must have been possessio longa, continua, et pacifica, nec sit ligitima interruptio, long, continued, peaceable, and without lawful interruption. Presence The existence of a person in a particular place. Present A gift, or wore properly the thing given. It is provided by the constitution of the United States, that "no person holding any office of profit or trust under them, [the United States] shall, without the consent of congress, accept of any present, emolument, or office, or title of any kind whatever, from any king, prince, or foreign state." We thank you for using the Juridical Dictionary to search for Prerogative. If you have a better definition for Prerogative than the one presented here, please let us know by making use of the suggest a term option. This definition of Prerogative may be disputed by other professionals. Our attempt is to provide easy definitions on Prerogative and any other medical topic for the public at large.
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