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| This dictionary contains: 8526 juridical terms |
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Presumption of law
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Presumption of lawA rule of law that courts and judges shall draw a particular inference from a particular fact, or from particular evidence.
RELATED TERMS--------------------------------------
Rule
This is a metaphorical expression borrowed from mechanics. The rule, in its proper and natural sense, is an instrument by means of which may be drawn from one point to another, the shortest possible line, which is called a straight line.
Inference
1) A conclusion drawn by reason from premises established by proof. 2) It is the province of the judge who is to decide upon the facts to draw the inference. When the facts are submitted to the court, the judges draw the inference; when they are to be ascertained by a jury, it is their duty to do so. The witness is not permitted as a general rule to draw an inference, and testify that to the court or jury. It is his duty to state the facts simply as they occurred.
Fact
An action; a thing done. It is either simple or compound.
Evidence
Proof of fact(s) presented at a trial. The best and most common method is by oral testimony; where you have an eye-witness swear to tell the truth and to then relate to the court (or jury) their experience. Evidence is essential in convincing the judge or jury of your facts as the judge (or jury) is expected to start off with a blank slate; no preconceived idea or knowledge of the facts. So it is up to the opposing parties to prove (by providing evidence), to the satisfaction of the court (or jury), the facts needed to support their case. Besides oral testimony, an object can be deposited with the court (eg. a signed contract). This is sometimes called "real evidence." In other rarer cases, evidence can be circumstantial.
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.
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 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--------------------------------------
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
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.
Pret a usage
Loan for use. This phrase is used in the French law instead of commodatum
Pretense
Also False Pretense. To represent something to be what it is not.
Pretention
French law. The claim made to a thing which a party believes himself entitled to demand, but which is not admitted or adjudged to be his.
RELATED TERMS--------------------------------------
Rule
This is a metaphorical expression borrowed from mechanics. The rule, in its proper and natural sense, is an instrument by means of which may be drawn from one point to another, the shortest possible line, which is called a straight line.
Inference
1) A conclusion drawn by reason from premises established by proof. 2) It is the province of the judge who is to decide upon the facts to draw the inference. When the facts are submitted to the court, the judges draw the inference; when they are to be ascertained by a jury, it is their duty to do so. The witness is not permitted as a general rule to draw an inference, and testify that to the court or jury. It is his duty to state the facts simply as they occurred.
Fact
An action; a thing done. It is either simple or compound.
Evidence
Proof of fact(s) presented at a trial. The best and most common method is by oral testimony; where you have an eye-witness swear to tell the truth and to then relate to the court (or jury) their experience. Evidence is essential in convincing the judge or jury of your facts as the judge (or jury) is expected to start off with a blank slate; no preconceived idea or knowledge of the facts. So it is up to the opposing parties to prove (by providing evidence), to the satisfaction of the court (or jury), the facts needed to support their case. Besides oral testimony, an object can be deposited with the court (eg. a signed contract). This is sometimes called "real evidence." In other rarer cases, evidence can be circumstantial.
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.
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 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--------------------------------------
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
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.
Pret a usage
Loan for use. This phrase is used in the French law instead of commodatum
Pretense
Also False Pretense. To represent something to be what it is not.
Pretention
French law. The claim made to a thing which a party believes himself entitled to demand, but which is not admitted or adjudged to be his.
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This dictionary contains 8526 terms.
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