Juridical Dictionary

This dictionary contains:
8526
juridical terms

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.

RELATED TERMS
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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.

Possession
International law. By possession is meant a country which is held by no other title than mere conquest.

Time
Contracts, evidence, practice. The measure of duration., It is divided into years, months. days, hours, minutes, and seconds. It is also divided into day and night. 2) Pleading. The avertment of time is generally necessary in pleading; the rules are different, in different actions.

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.

Without
Pleading. This word is adopted in formal traverses, and is a negative signifying "and not for;" accordingly the language of the elder entries sometimes is, It et nemy pur tiel cause.

Lawful
That which is not forbidden by law. Id omne licitum est, quod non est legibus prohibitum, quamobrem, quod, lege permittente, fit, poenam non meretur. To be valid a contract must be lawful.

Interruption
The effect of some act or circumstance which stops the course of a prescription or act of limitation's.



SIMILAR TERMS
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Prescriptible
That which is subject to prescription.

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."

Present value
The value of a future payment or series of future payments discounted to the current date or to time period zero.

Presentation
Ecclesiastical law. The act of a patron offering his clerk to the bishop of the diocese to be instituted in a church or benefice.

Presentee
eccles. law., A clerk who has been presented by his patron to a bishop in order to be instituted in a church.

Presentence report
A report to the sentencing judge containing background information about the crime and the defendant to assist the judge in making his or her sentencing decision.

Presentment
Criminal law, practice. The written notice taken by a grand jury of any offence, from their own knowledge or observation, without any bill of indictment laid before them at the suit of the government; 2) Contracts. The production of a bill of exchange or promissory note to the party on whom the former is drawn, for his acceptance, or to the person bound to pay either, for payment.

Presents
This word signifies the writing then actually made and spoken of; as, these presents; know all men by these presents, to all to whom these presents shall come.

Preservation
keeping safe from harm; avoiding injury. This term always presupposes a real or existing danger.

President
An officer of a company who is to direct the manner in which business is to be transacted. From the decision of the president there is an appeal to the body over which he presides.

President of the United States of America
This is the title of the executive officer of this country.

Press
By a figure this word signifies the art of printing. The press is free.

Presumption
evidence. An inference as to the existence of one fact, from the existence of some other fact, founded on a previous experience of their connexion

Presumption of advancement
A presumption in trust, contract and family law which suggests that property transferred from a parent to a child, or spouse to spouse, is a gift and would defeat any presumption of a resulting trust.

Presumption of law
A rule of law that courts and judges shall draw a particular inference from a particular fact, or from particular evidence.

Presumption of validity
An assumption, where there is doubt as to the applicable law, that the parties intended the legal system under which the clause or contract would be valid (in a situation where contract or clause is valid under one legal system, but invalid under another one).

Presumptive heir
One who, if the ancestor should die immediately, would under the present circumstances of things be his heir, but whose right of inheritance may be defeated by the contingency of some nearer heir being born; as a brother, who is the presumptive heir, may be defeated by the birth of a child to the ancestor.



PREVIOUS AND NEXT TERMS
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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
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.

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

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."

Present value
The value of a future payment or series of future payments discounted to the current date or to time period zero.

Presentation
Ecclesiastical law. The act of a patron offering his clerk to the bishop of the diocese to be instituted in a church or benefice.

Presentee
eccles. law., A clerk who has been presented by his patron to a bishop in order to be instituted in a church.

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This dictionary contains 8526 terms.







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