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Prohibition
ProhibitionPractice. The name of a writ issued by a superior court, directed to the judge and parties of a suit in an inferior court, commanding them to cease from the prosecution of the same, upon a suggestion that the cause originally, or some collateral matter arising therein, does not belong to that jurisdiction, but to the cognizance of some other court. 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. Name One or more words used to distinguish a particular individual, as Socrates, Benjamin Franklin. 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). Superior One who has a right to command; one who holds a superior rank; as, a soldier is bound to obey his superior. 2. In estates, some are superior to others; an estate entitled to a servitude or easement over another estate, is called the superior or dominant, and the other the inferior or servient estate. Court A body in government to which the administration of justice is delegated. Judge An elected or appointed public official with authority to hear and decide cases in a court of law. Parties Contracts. Those persons who engage themselves to do, or not to do the matters and things contained in an agreement. Suit An action. The word suit in the 25th section of the judiciary act of 1789, applies to any proceeding in a court of justice, in which the plaintiff pursues, in such court, the remedy which the law affords him. An application for a prohibition is therefore a suit. Inferior One who in relation to another has less power and is below him; one who is bound to obey another. He who makes the law is the superior; he who is bound to obey it, the inferior. Prosecution Criminal law. The means adopted to bring a supposed offender to justice and punishment by due course of law. Suggestion In its literal sense this word signifies to inform, to insin-uate, to instruct, to cause to be remembered, to counsel. In practice it is used to convey the idea of information; as, the defendant suggests the death of one of the plaintiffs. Cause 1) Civil law. It signifies the delivery of the thing, or the accomplishment of the act which is the object of a convention. 2) It is the consideration or motive for making a contract. 3) Pleading. The reason; the motive. 4) Practice. A contested question before a court of justice; it is a Suit or action. Collateral Collateralis. From latus, a side; that which is sideways, and not direct. Matter Some substantial or essential thing, opposed to form; facts. Belong In statutes referring to inhabitancy, the poor, etc., designates the place of a person's legal settlement, not merely his place of residence. Jurisdiction Practice. A power constitutionally conferred upon a judge or magistrate, to take cognizance of, and decide causes according to law, and to carry his sentence into execution. The tract of land or district within which a judge or magistrate has jurisdiction, is called his territory, and his power in relation to his territory is called his territorial jurisdiction. SIMILAR TERMS-------------------------------------- Prohibitive impediments Canon law. Those impediments to a marriage which are only followed by a punishment, but do not render the marriage null. PREVIOUS AND NEXT TERMS-------------------------------------- Profert in curia Pleading. Produces in court. Profession 1) It is a public declaration respecting something. 2) It i's a state, art, or mystery; as the legal profession. 3) In the ecclesiastical law, it is the act of entering into a religious order. Profit à prendre A servitude which resembles an easement and which allows the holder to enter the land of another and to take some natural produce such as mineral deposits, fish or game, timber, crops or pasture. Profits In general, by this term is understood the benefit which a man derives from a thing. It is more particularly applied to such benefit as arises from his labor and skill. Progression That state of a business which is neither the commencement nor the end. Some act done after the matter has commenced and before it is completed. Prohibition Prohibitive impediments Canon law. Those impediments to a marriage which are only followed by a punishment, but do not render the marriage null. Projet In international law, the draft of a proposed treaty or convention is called a projet. Proles Progeny, such issue as proceeds from a lawful marriage; and, in its enlarged sense, it signifies any children. Proletarius Civil law. One who has no property to be taxed; and paid a tax only on account of his cliildren, proles; a person of mean or common extraction. The word has become Frenchified, proletaire signifying one of the common people. Prolicide med. jurisp. Medical jurists have employed this word to designate the destruction of the human divided the subject into foeticide, . or the destruction of the foetus in utero; and infanticide, . or the destruction of the new-born infant. 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