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Primary
PrimaryThat which is first or principal; as primary evidence, or that evidence which is to be admitted in the first instance, as distinguished from secondary evidence, which is allowed only when primary evidence cannot be had. RELATED TERMS-------------------------------------- Principal 1) This word has several meanings. It is used in opposition to accessary, to show the degree of crime committed by two persons; thus, we say, the principal is more guilty than the accessary after the fact. 2) Contracts. One who, being competent to contract, and who is sui juris, employs another to do any act for his own benefit, or on his own account. 3) Criminal law. A principal is one who is the actor in the commission of a crime. Primary That which is first or principal; as primary evidence, or that evidence which is to be admitted in the first instance, as distinguished from secondary evidence, which is allowed only when primary evidence cannot be had. 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. Instance Civil and French law. It signifies, generally, all sorts of actions and judicial demands. Secondary 1) Construction. That which comes after the first, which is primary: as, the primary law of, nations the secondary law of nations. 2) English law. An officer who is second or next to the chief officer; as secondaries to the prothonotaries of the courts of king's bench, or common pleas; secondary of the remembrancer in the exchequer. When 1) At which time, in wills, standing by itself unqualified and unexplained, this is a word of condition denoting the time at which the gift is to continence. 2) The context of a will may show that the word when is to be applied to the possession only, not to the vesting of a legacy; but to justify this construction, there must be circumstances, or other expressions in the will, showing such to have been the testator's intent. SIMILAR TERMS-------------------------------------- Prima facie The first blush; the first view or appearance of the business; as, the holder of a bill of exchange, indorsed in blank, is prima facie its owner. Prima facie case A case that is sufficient and has the minimum amount of evidence necessary to allow it to continue in the judicial process. Prima impressionis (United Kingdom) On first impression. Prima tonsura A grant of a right to have the first crop of grass. Primage Merchant law. A duty payable to the master and mariner of a ship or vessel; to the master for the use of his cables and ropes to discharge the goods of the merchant; to the mariners for lading and unlading in any port or haven. Primary authority Constitutions, codes, statutes, ordinances, and case law sources. Primary caretaker The parent who provides majority of the child's day to day care. Primary evidence The best evidence of which the case in its nature is susceptible. Primary powers The principal authority given by a principal to his agent; it differs from mediate powers. Primate eccles. law.. An archbishop who has jurisdiction over one or several other metropolitans. Primer election A term used to signify first choice. Primer seisin English law. The right which the king had, when any of his tenants died seised of a knight's fee, to receive of the heir, provided he were of fall age, one whole year's profits of the lands, if they were in immediate possession; and half a year's profits, if the lands were in reversion, expectant on an estate for life Primogeniture 1) The state of being first born the eldest. 2) Formerly primogeniture gave a title in cases of descent to the oldest son in preference to the other children; this unjust distinction has been geuerally abolished in the United States. Primogenitus The first born. Primum decretum In the courts of admiralty, this name is given to a provisional decree. PREVIOUS AND NEXT TERMS-------------------------------------- Prima facie The first blush; the first view or appearance of the business; as, the holder of a bill of exchange, indorsed in blank, is prima facie its owner. Prima facie case A case that is sufficient and has the minimum amount of evidence necessary to allow it to continue in the judicial process. Prima impressionis (United Kingdom) On first impression. Prima tonsura A grant of a right to have the first crop of grass. Primage Merchant law. A duty payable to the master and mariner of a ship or vessel; to the master for the use of his cables and ropes to discharge the goods of the merchant; to the mariners for lading and unlading in any port or haven. Primary Primary authority Constitutions, codes, statutes, ordinances, and case law sources. Primary caretaker The parent who provides majority of the child's day to day care. Primary evidence The best evidence of which the case in its nature is susceptible. Primary powers The principal authority given by a principal to his agent; it differs from mediate powers. Primate eccles. law.. An archbishop who has jurisdiction over one or several other metropolitans. 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