Juridical Dictionary

This dictionary contains:
8526
juridical terms

Present




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."

RELATED TERMS
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Gift
1) Conveyancing. A voluntary conveyance; that is, a conveyance not founded on the consideration of money or blood. The word denotes rather the motive of the conveyance; so that a feoffment or grant may be called a gift when gratuitous. A gift is of the same nature as a settlement; neither denotes a form of assurance, but the nature of the transaction. 2) Contracts. The act by which the owner of a thing, voluntarily transfers the title and possession of the same, from himself to another person who accepts it, without any consideration. It differs from a grant, sale, or barter in this, that in each of these cases there must be a consideration, and a gift, as the definitionstates, must be without consideration.

Constitution
1) Contracts. The constitution of a contract, is the making of the contract as, the written constitution of a debt. 2) Government. The fundamental law of the state, containing the principles upon which the government is founded, and regulating the divisions of the sovereign powers, directing to what persons each of these powers is to be confided, and the, manner it is to be exercised as, the Constitution of the United States.

States
By this name are understood in some countries, the assembly of the different orders of the people to regulate the affairs of the commonwealth, as, the states general.

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

Trust
Contracts, devises. An equitable right, title or interest in property, real or personal, distinct from its legal ownership; or it is a personal obligation for paying, delivering or performing anything, where the person trusting has no real. right or security, for by, that act he confides altogether to the faithfulness of those intrusted. This is its most general meaning, and includes deposits, bailments, and the like. In its more technical sense, it may be defined to be an obligation upon a person, arising out of a confidence reposed in him, to apply property faithfully, and according to such confidence.

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.

Consent
Agreement; voluntary acceptance of the wish of another.

Congress
Med. juris. This name was anciently given in France, England, and other countries, to the-indecent intercourse between married persons, in the presence of witnesses appointed by the courts, in cases when the husband or wife was charged by the other with impotence.

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."

Emolument
The lawful gain or profit which arises from an office.

Title
1) Estates. A title is defined by Lord Coke to be the means whereby the owner of lands hath the just possession of his property. 2) Legislation That part of an act of the legislature by which it is known, and distinguished from other acts the name of the act. 3) Rights. The name of a newwpaper a book, and the like.

King
The chief magistrate of a kingdom, vested usually with the executive power.

Prince
In a general sense, a sovereign the ruler of a nation or state. The son of a king or emperor, or the issue of a royal family; as, princes of the blood. The chief of any body of men.

Foreign
That which belongs to another country; that which is strange.



SIMILAR TERMS
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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 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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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
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

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.

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This dictionary contains 8526 terms.







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