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Privilege
Privilege1) Civil law. A right which the nature of a debt gives to a creditor, and which entitles him to be preferred before other creditors. 2) Maritime law. An allowance to the master of a ship of the general nature with primage, being compensation or rather a gratuity customary in certain trades, and which the law assumes to be a fair and equitable allowance, because the contract on both sides is made under the knowledge such usage by the parties. 3) Rights. This word, taken its active sense, is a particular law, or a particular disposition of the law, which grants certain special prerogatives to some persons, contrary to common right. In its passive sense, it is the same prerogative granted by the same particular law. RELATED TERMS-------------------------------------- Civil 1) It is used in contradistinction to barbarous or savage, to indicate a state of society reduced to order and regular government; thus we speak of civil life, civil society, civil government, and civil liberty. 2) It is sometimes used in contradistinction to criminal, to indicate the private rights and remedies of men, as members of the community, in contrast to those which are public and relate to the government; thus we speak of civil process and criminal process, civil jurisdiction and criminal jurisdiction. 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. Right 1) Sometimes it signifies a law, as when we say that natural right requires us to keep our promises, or that it commands restitution, or that it forbids murder. In our language it is seldom used in this sense. 2) It sometimes means that quality in our actions by which they are denominated just ones. This is usually denominated rectitude. 3) It is that quality in a person by which he can do certain actions, or possess certain things which belong to him by virtue of some title. In this sense, we use it when we say that a man has a right to his estate or a right to defend himself. Debt Whatever one owes. A sum of money due by certain and express agreement. Creditor Creditor or obligee. Contracts. The person in favor of whom some obliga- tion is contracted, whether such obligation be to pay money, or to do, or not to do something. Maritime That which belongs to or is connected with the sea. Master "This word has several meanings. 1) Master is one who has control over a servant or apprentice. A master stands in relation to his apprentices, in loco parentis, and is bound to fulfil that relation, which the law generally enforces. He is also entitled to be obeyed by his apprentices, as if they were his children. 2) Master is one who is employed in teaching children, known generally as a schoolmaster; as to his powers 3) Master is the name of an officer: as, the ship Benjamin Franklin, whereof A B is master; the master of the rolls; master in chancery, &c .4) By master is also understood a principal who employs another to perform some act or do something for him. The law having adopted the maxim of the civil law, qui facit per alium facit per se; the agent is but an instrument, and the master is civilly responsible for the act of his agent, as if it were his own, when he either commands him to do an act, or puts him in a condition, of which such act is a result, or by the absence of due care and control, either previously in the choice of his agent, or immediately in the act itself, negligently suffers him to do an injury. Ship This word, in its most enlarged sense, signifies a vessel employed in navigation; for example, the terms the ship's papers, the ship's hushand, shipwreck, and the like, are employed whether the vessel referred to be a brig, a sloop, or a three-masted vessel. General 1) A principal officer, particularly in the army. 2) Something opposed to special; as, a general verdict, the general issue, which expressions are used in contradistinction to special verdict, special issue. 3) Principal, as the general post office. 4) Not select, as a general ship. 5) Not particular, as a general custom. 5) Not limited, as general jurisdiction. 7) This word is sometimes annexed or prefixed to other words to express or limit the extent of their signification; as Attorney General, Solicitor General, the General Assembly. 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. Compensation 1) Contracts. A reward for services rendered. 2) Crim. law; Compeusatio crimiuura, or recrimination. 3) Remedies. The damages recovered for an injury, or the violation of a contract. Fair A privileged market. Equitable That which is in conformity to the natural law. Contract A negotiated oral or written agreement setting forth the terms for an exchange of value between parties (which may be individuals or companies) and under which each party promises to perform an obligation. Certain terms, such as the obligations to be performed and the terms for setting price or compensation must be mutually understood, known in legal lingo as a "meeting of the minds," and promised to by the parties to form a legal contract. 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. Usage Long and uniform practice. In its most extensive meaning this term includes custom and prescription, though it differs from them in a narrower sense, it is applied to the habits, modes, and course of dealing which are observed in trade generally, as to all mercantile transactions, or to some particular branches of trade. Parties Contracts. Those persons who engage themselves to do, or not to do the matters and things contained in an agreement. Word Construction. One or more syllables which when united convey an idea a single part of speech. Active The opposite of passive. We say active debts, or debts due to us;passive debts are those we owe. Disposition French law. This word has several accept-ations; sometimes it signifies the effective marks of the will of some person; and at others the instrument containing those marks. Special That which relates to a particular species or kind, opposed to general; as special verdict and general verdict; special imparlance and general imparlance; special jury, or one selected for a particular case, and general jury; special issue and general issue, &c. Common marriage law. a marriage in which no formal ceremony took place and no license exists. Passive Common law. All the sums of which one is a debtor. It is used in contradistinction to active. . By active debts are understood those which may be employed in furnishing assets to a merchant to pay those which he owes, which are called passive debts. 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. SIMILAR TERMS-------------------------------------- Private Not general, as a private act of the legislature; not in office; as, a private person, as well as an officer, may arrest a felon; individual, as your private interest; not public, as a private way, a private nuisance. Private carriage Carriage of particular goods of one shipper under a special contract, usually by charterparty, as opposed to the common (public) carriage of goods of the public in general, on advertised, "liner" routes, usually under bills of lading or waybills. Private company Companies are incorporated as either private or public. Public companies require a minimum capital investment and are designed for use as more substantial companies with wide share ownership. They may be listed. Private companies are the category which represents the remainder of companies. Private easement exists in favor of one or more individuals. Private law An act of the legislature which relates to some private matters, which do not concern the public at large. Privateer War. A vessel owned by one or by a society of private individuals, armed and equipped at his or their expense, for the purpose of carrying on a maritime war, by the authority of one of the belligerent parties. Privement enceinte This term is used to signify that a woman is pregnant, but not quick with child; Privies Persons who are partakers, or have an interest in any action or thing, or any relation to another. Privileged communications Those statements made by a client to his counsel or attorney, or solicitor, in confidence, relating to some cause Or action then pending or in contemplation. Privilegium clericale The same as benefit of clergy. Privity The mutual or successive relationship to the same rights of property. Privity of contract The relation which subsists between two contracting parties. Privity of estate The relation which subsists between a landlord and his tenant. Privy One who is a partaker, or has an interest in any action, matter or thing. Privy council English law. A council of state composed of the king and of such persons as he may select. Privy seal English law. A seal which the king uses to such grants or things as pass the great seal. Privy verdict One which is delivered privily to a judge out of court. PREVIOUS AND NEXT TERMS-------------------------------------- Private easement exists in favor of one or more individuals. Private law An act of the legislature which relates to some private matters, which do not concern the public at large. Privateer War. A vessel owned by one or by a society of private individuals, armed and equipped at his or their expense, for the purpose of carrying on a maritime war, by the authority of one of the belligerent parties. Privement enceinte This term is used to signify that a woman is pregnant, but not quick with child; Privies Persons who are partakers, or have an interest in any action or thing, or any relation to another. Privilege Privileged communications Those statements made by a client to his counsel or attorney, or solicitor, in confidence, relating to some cause Or action then pending or in contemplation. Privilegium clericale The same as benefit of clergy. Privity The mutual or successive relationship to the same rights of property. Privity of contract The relation which subsists between two contracting parties. Privity of estate The relation which subsists between a landlord and his tenant. We thank you for using the Juridical Dictionary to search for Privilege. If you have a better definition for Privilege than the one presented here, please let us know by making use of the suggest a term option. This definition of Privilege may be disputed by other professionals. Our attempt is to provide easy definitions on Privilege and any other medical topic for the public at large.
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