|
 |
||
 |
| This dictionary contains: 8526 juridical terms |
 |
Procedural law
|
|
Procedural lawProcedural law refers to the areas of law that regulates the legal process.
RELATED TERMS--------------------------------------
Legal
That which is according to law. It is used in opposition to equitable, as the legal estate is, in the trustee, the equitable estate in the cestui que trust.
Process
1) Practice. So denominated because it proceeds or issues forth in order to bring the defendant into court, to answer the charge preferred against him, and signifies the writ or judicial means by which he is brought to answer. 2) Rights. The means or method of accomplishing a thing.
SIMILAR TERMS--------------------------------------
Procedendo
Practice. A writ which issues where an action is removed from an inferior to a superior jurisdiction by habeas corpus, certiorari or writ of privilege, and it does not appear to such superior court that the suggestion upon which the cause has been removed, is sufficiently proved; in which case the superior court by this writ remits the cause to the court from whence it came, commanding the inferior court to proceed to the final hearing and determination of the same.
Procedural theory
A theory of maritime liens, particularly popular in England, which holds that maritime liens are the "children of procedure" and in particular of the writ in rem, rather than substantive rights in the property of another.
Proceeding
In its general acceptation, this word means the form in which actions are to be brought and defended, the manner of intervening in suits, of conducting them, the mode of deciding them, of opposing judgments and of executing.
Proceres
The name by which the chief magistrates in cities were formerly known.
Proces verbal
French law. A true relation in writing in due form of law of what has been done and said verbally in the presence of a public officer, and what he himself does upon the occasion. It is a species of inquisition of office.
Process
1) Practice. So denominated because it proceeds or issues forth in order to bring the defendant into court, to answer the charge preferred against him, and signifies the writ or judicial means by which he is brought to answer. 2) Rights. The means or method of accomplishing a thing.
Process of garnishment
Practice. It was formerly the practice to deposit deeds and other things in the hands of third persons, to await the performance of covenants, upon which they were to be re-delivered to one of the parties. When one of the parties contended that he was entitled to such things, and the other denied it, and the claiming party brought an action of detinue for them, the defendant was allowed to in terplead, and thereupon he prayed for a monition or notice to compel the other depositor to appear and become a defendant in his stead.
Process of interpleader
Practice. Formerly when two parties concurred in a bailment to a third person of things which were to be delivered to one of them on the performance of a covenant or other thing, and the parties brought several actions of detinue against the bailee, the latter might plead the facts of the case and pray that the plaintiffs in the several actions might interplead with each other; this was called process of interpleader.
Process, mesne
Pradice. By this term is generally understood any writ issued in the course of a suit between the original process and execution.
Processioning
A term used in Tennessee to signify the manner of ascertaining the boundaries of land, as provided for by the laws of that state.
Prochein
Next. This word is frequently used in composition; as, prochein amy, prochein cousin, and the like.
Prochein amy
More correctly prochain ami. Next friend.
Proclamation
1) Evidence. The act of causing some state matters to be published or made generally known. A written or printed document in which are contained such matters, issued by proper authority; as the president's proclamation, the governor's, the mayor's proclamation. 2) The word proclamation is also used to express the public nomination made of any one to a high office; as, such a prince was proclaimed emperor. 3) Practice. The declaration made by the cryer, by authority of the court, that something is about to be done.
Proclamation of exigents
English law. On awarding an exigent, in order to outlawry, a writ of proclamation issues to the sheriff of the county where the party dwells, to make three proclamations for the defendant to yield himself, or be outlawed.
Proclamation of rebellion
English law. When a party neglects to appear upon a subpoena, or an attachment in the chancery, a writ bearing this name issues, and if he does not surrender himself by the day assigned, he is reputed, and declared a rebel.
Procreation
The generation of children; it is an act authorized by the law of nature: one of the principal ends of marriage is the procreation of children.
Proctor
One appointed to represent in judgment the party who empowers him, by writing under his hand called a proxy. The term is used chiefly in the courts of civil and ecclesiastical law. The proctor is somewhat similar to the attorney.
Procuration
Civil law. The act by which one person gives power to another to act in his place, as he could do himself. A letter of attorney.
Procurations
Eccles. law. Certain sums of money which parish priests pay yearly to the bishops or archdeacons ratione visitationis.
Procurator
1) Civil law. A proctor; a person who acts for another by virtue of a procuration. Procurator est, qui aliena negotia mandata Domini administrat.
Procurator in rem suam
Scotch law. This imports that one is acting as attorney as to his own property. When an assignment of a thing is made, as a debt, and a procuration or power of attorney is given to the assignee to receive the same, he is in such case procurator in rein suam.
Procuratorium
The proxy or instrument by which a proctor is constituted and appointed.
PREVIOUS AND NEXT TERMS--------------------------------------
Pacta sunt servanda
A base principle of any contract law. Pacta sunt servanda means the obligation to fufill / pursue the contract.
Parol evidence rule
The term "Parol Evidence Rule" refers to the extent to which a court will entertain extrinsec evidence in evaluating the intent of contracting parties embodied in a writing. If the court determines the terms of the writing to be unclear, ambiguous, or otherwise not fully stated it may allow parties to introduce evidence to the jury to supplement the writing or explain the meaning of its terms so long as the evidence does not contradict a term already in the document.
Philosophy of law
Philosophy of law refers to the branch of philosophy and jurisprudence which studies basic questions about law and legal systems.
Procedural law
RELATED TERMS--------------------------------------
Legal
That which is according to law. It is used in opposition to equitable, as the legal estate is, in the trustee, the equitable estate in the cestui que trust.
Process
1) Practice. So denominated because it proceeds or issues forth in order to bring the defendant into court, to answer the charge preferred against him, and signifies the writ or judicial means by which he is brought to answer. 2) Rights. The means or method of accomplishing a thing.
SIMILAR TERMS--------------------------------------
Procedendo
Practice. A writ which issues where an action is removed from an inferior to a superior jurisdiction by habeas corpus, certiorari or writ of privilege, and it does not appear to such superior court that the suggestion upon which the cause has been removed, is sufficiently proved; in which case the superior court by this writ remits the cause to the court from whence it came, commanding the inferior court to proceed to the final hearing and determination of the same.
Procedural theory
A theory of maritime liens, particularly popular in England, which holds that maritime liens are the "children of procedure" and in particular of the writ in rem, rather than substantive rights in the property of another.
Proceeding
In its general acceptation, this word means the form in which actions are to be brought and defended, the manner of intervening in suits, of conducting them, the mode of deciding them, of opposing judgments and of executing.
Proceres
The name by which the chief magistrates in cities were formerly known.
Proces verbal
French law. A true relation in writing in due form of law of what has been done and said verbally in the presence of a public officer, and what he himself does upon the occasion. It is a species of inquisition of office.
Process
1) Practice. So denominated because it proceeds or issues forth in order to bring the defendant into court, to answer the charge preferred against him, and signifies the writ or judicial means by which he is brought to answer. 2) Rights. The means or method of accomplishing a thing.
Process of garnishment
Practice. It was formerly the practice to deposit deeds and other things in the hands of third persons, to await the performance of covenants, upon which they were to be re-delivered to one of the parties. When one of the parties contended that he was entitled to such things, and the other denied it, and the claiming party brought an action of detinue for them, the defendant was allowed to in terplead, and thereupon he prayed for a monition or notice to compel the other depositor to appear and become a defendant in his stead.
Process of interpleader
Practice. Formerly when two parties concurred in a bailment to a third person of things which were to be delivered to one of them on the performance of a covenant or other thing, and the parties brought several actions of detinue against the bailee, the latter might plead the facts of the case and pray that the plaintiffs in the several actions might interplead with each other; this was called process of interpleader.
Process, mesne
Pradice. By this term is generally understood any writ issued in the course of a suit between the original process and execution.
Processioning
A term used in Tennessee to signify the manner of ascertaining the boundaries of land, as provided for by the laws of that state.
Prochein
Next. This word is frequently used in composition; as, prochein amy, prochein cousin, and the like.
Prochein amy
More correctly prochain ami. Next friend.
Proclamation
1) Evidence. The act of causing some state matters to be published or made generally known. A written or printed document in which are contained such matters, issued by proper authority; as the president's proclamation, the governor's, the mayor's proclamation. 2) The word proclamation is also used to express the public nomination made of any one to a high office; as, such a prince was proclaimed emperor. 3) Practice. The declaration made by the cryer, by authority of the court, that something is about to be done.
Proclamation of exigents
English law. On awarding an exigent, in order to outlawry, a writ of proclamation issues to the sheriff of the county where the party dwells, to make three proclamations for the defendant to yield himself, or be outlawed.
Proclamation of rebellion
English law. When a party neglects to appear upon a subpoena, or an attachment in the chancery, a writ bearing this name issues, and if he does not surrender himself by the day assigned, he is reputed, and declared a rebel.
Procreation
The generation of children; it is an act authorized by the law of nature: one of the principal ends of marriage is the procreation of children.
Proctor
One appointed to represent in judgment the party who empowers him, by writing under his hand called a proxy. The term is used chiefly in the courts of civil and ecclesiastical law. The proctor is somewhat similar to the attorney.
Procuration
Civil law. The act by which one person gives power to another to act in his place, as he could do himself. A letter of attorney.
Procurations
Eccles. law. Certain sums of money which parish priests pay yearly to the bishops or archdeacons ratione visitationis.
Procurator
1) Civil law. A proctor; a person who acts for another by virtue of a procuration. Procurator est, qui aliena negotia mandata Domini administrat.
Procurator in rem suam
Scotch law. This imports that one is acting as attorney as to his own property. When an assignment of a thing is made, as a debt, and a procuration or power of attorney is given to the assignee to receive the same, he is in such case procurator in rein suam.
Procuratorium
The proxy or instrument by which a proctor is constituted and appointed.
PREVIOUS AND NEXT TERMS--------------------------------------
Pacta sunt servanda
A base principle of any contract law. Pacta sunt servanda means the obligation to fufill / pursue the contract.
Parol evidence rule
The term "Parol Evidence Rule" refers to the extent to which a court will entertain extrinsec evidence in evaluating the intent of contracting parties embodied in a writing. If the court determines the terms of the writing to be unclear, ambiguous, or otherwise not fully stated it may allow parties to introduce evidence to the jury to supplement the writing or explain the meaning of its terms so long as the evidence does not contradict a term already in the document.
Philosophy of law
Philosophy of law refers to the branch of philosophy and jurisprudence which studies basic questions about law and legal systems.
Procedural law
We thank you for using the Juridical Dictionary to search for Procedural law. If you have a better definition for Procedural law than the one presented here, please let us know by making use of the suggest a term option. This definition of Procedural law may be disputed by other professionals. Our attempt is to provide easy definitions on Procedural law and any other medical topic for the public at large.
This dictionary contains 8526 terms.
|
|