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Presentment
PresentmentCriminal 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. RELATED TERMS-------------------------------------- Criminal Relating to, or having the character of crime 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. Practice The form, manner and order of conducting and carrying on suits or prosecutions in the courts through their various stages, according, to the principles of law, and the rules laid down by the respective courts. Notice The information given of some act done, or the interpellation by which some act is required to be done. It also signifies, simply, knowledge; as A had notice that B was a slave. Grand An epithet frequently used to denote that the thing. to which it is joined is of more importance and dignity, than other things of the same name; as, grand assize, a writ in a real action to determine the right of property in land; grand cape, a writ used in England, on a plea of land, when the tenant makes default in appearance at the day given for the king to take the land into his hands; grand days, among the English lawyers, are those days in term which are solemnly kept in the inns of court and chancery, namely, Candlemas day, in Hilary term; Ascension day, in Easter term; and All Saint's day, in Michaelmas term; which days are dies non juridici. Grand distress is the name of a writ so called because of its extent, namely, to all. the goods and chattels of the party distrained within the county; this writ is believed to be peculiar to England. Grand Jury. Grand serjeantry, the name of an ancient English military tenure. Jury A body of persons sworn to inquire into crime and, if appropriate, bring accusations (indictments) against the suspected criminals. Offence Crimes. The doing that which a penal law forbids to be done, or omitting to do what it commands; in this sense it is nearly synonymous with crime. In a more confined sense, it may be considered as having the same meaning with misdemeanor, but it differs from it in this, that it is not indictable, but punishable summarily by the forfeiture of a penalty. Knowledge Information as to a fact. Many acts are perfectly innocent when the party performing them is not aware of certain circumstances attending them for example, a man may pass a counterfeit note and be guiltless, if he did not know it was so he may receive stolen goods if he were not aware of the fact that they were stolen. In these and the like cases it is the guilty knowledge which makes the crime. 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. Bill 1) Legislation. An instrument drawn or presented by a member or committee to a legislative body for its approbation and enactment. After it has gone through both houses and received the constitutional sanction of the chief magistrate, where such approbation is requisite, it becomes a law. 2) Merchant law. An account containing the items of goods sold, or of work done by one person against another. 3) Contracts. A bill or obligation, is a deed whereby the obligor acknowledges himself to owe unto the obligee a certain sum of money or some other thing, in which, besides the names of the parties, are to be considered the sum or thing due, the time, place, and manner of payment or delivery thereof. It may be indented, or poll, and with or without a penalty. Indictment Criminal law, practice. A written accusation of one or more persons of a crime or misdemeanor, presented to, and preferred upon oath or affirmation, by a grand jury legally convoked. Suit An action. The word suit in the 25th section of the judiciary act of 1789, applies to any proceeding in a court of justice, in which the plaintiff pursues, in such court, the remedy which the law affords him. An application for a prohibition is therefore a suit. Government "natural and political law. The manner in which sovereignty is exercised in each state. There are three simple forms of government, the democratic, the aristocratic, and monarchical. But these three simple forms may be varied to infinity by the mixture and divisions of their different powers. Sometimes by the word government is understood the body of men, or the individual in the state, to whom is entrusted the executive power. It is taken in this sense when the government is spoken of in opposition to other bodies in the state. Note Estates, convention, practice. The fourth part of a fine of lands: it is an abstract of the writ of covenant and concord, and is only a, doequet taken by the chirographer, from which he draws up the indenture. It is sometimes taken in the old books for the concord. Party Practice, contracts. When applied to practice, by party is understood either the plaintiff or defendant. In contracts, a party is one or more persons who engage to perform or receive the performance of some agreement. Acceptance One of three requisites to a valid contract under common law (the other two being an offer and consideration). A contract is a legally binding agreement between two or more parties which starts with an offer from one person but which does not become a contract until the other party signifies an unequivocal willingness to accept the terms of that offer. The moment of acceptance is the moment from which a contract is said to exist, and not before. Acceptance need not always be direct and can, in certain circumstances, be implied by conduct. Person This word is applied to men, women and children, who are called natural persons. Payment 1) Contracts. That which is given to execute what has been promised; or it is the fulfilment of a promise. Solvere dicimus cum quis fecit, quod facere promisit. But though this is the general acceptation of the word, yet by payment is understood, every way by which the creditor is satisfied or ought to be, and the debtor, liberated for example, an accord and satisfaction will operate as a payment. 2) Pleadings. The name of a plea by which the defendant alleges that he has paid the debt claimed in the declaration; this plea must conclude to the country. SIMILAR TERMS-------------------------------------- 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." 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. 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-------------------------------------- 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 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. We thank you for using the Juridical Dictionary to search for Presentment. If you have a better definition for Presentment than the one presented here, please let us know by making use of the suggest a term option. This definition of Presentment may be disputed by other professionals. Our attempt is to provide easy definitions on Presentment and any other medical topic for the public at large.
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