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Process
Process1) 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. RELATED TERMS-------------------------------------- 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. Issues English law. The goods and profits of the lands of a defendant against whom a writ of distringas or distress infinite has been issued, taken by virtue of such writ, are called issues. Order An instruction rightfully given by someone superior in hyerarchy. Also, a social state of civil coexistance without widespread public violence. Defendant A party who is sued in a personal action. Court A body in government to which the administration of justice is delegated. Answer Practice. The declaration of a fact by a witness after a question has been put asking for it. Charge 1) Wills, devises. An obligation which a testator imposes on his devisee. 2) Contracts. An obligation entered into by the owner of an estate which makes the estate responsible for its performance. 3) Practice. The opinion expressed by the court to the jury, on the law arising out of a case before them. Writ An official court document, signed by a judge or bearing an official court seal, which commands the person to whom it is addressed, to do something specific. That "person" is typically either a sheriff (who may be instructed to seize property, for example) or a defendant (for whom the writ is the first notice of formal legal action. In these cases, the writ would command the person to answer the charges laid out in the suit, or else judgment may be made against them in their absence). Judicial Belonging, or emanating from a judge, as such. Method The mode of operating or the means of attaining an object. 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 law Procedural law refers to the areas of law that regulates the legal process. 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 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-------------------------------------- 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 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. We thank you for using the Juridical Dictionary to search for Process. 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