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| This dictionary contains: 8526 juridical terms |
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Proportionate fault
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Proportionate faultThe rule for apportioning damages in tort / delict, whereby each party whose fault has contributed to the total loss or damage is held liable for that loss or damage in a proportion corresponding to that party's fault or negligence. Proportionate fault is the system of apportionment of damages recognized historically by the civil law and later codified into various civil codes.
RELATED TERMS--------------------------------------
Rule
This is a metaphorical expression borrowed from mechanics. The rule, in its proper and natural sense, is an instrument by means of which may be drawn from one point to another, the shortest possible line, which is called a straight line.
Damages
A cash compensation ordered by a court to offset losses or suffering caused by another's fault or negligence. Damages are a typical request made of a court when persons sue for breach of contract or tort.
Tort
An injury; a wrong; hence the expression an executor de son tort, of his own wrong.
Delict
Civil law. The act by which one person, by fraud or malignity, causes some damage or tort to some other. In its most enlarged sense, this term includes all kinds of crimes and misdemeanors, and even the injury which has been caused by another, either voluntarily or accidentally without evil intention; but more commonly by delicts are understood those small offences which are punislied by a small fine or a short imprisonment.
Each
Every one of the two or more composing the whole.
Party
Practice, contracts. When applied to practice, by party is understood either the plaintiff or defendant. In contracts, a party is one or more persons who engage to perform or receive the performance of some agreement.
Fault
Contracts, Civil law. An improper act or omission, which arises from ignorance, carelessness, or negligence. The act or omission must not have been meditated, and must have caused some injury to another.
Total
Complete; containing the whole; as the total amount of an account is all the items of such account added together; total incapacity, is an absolute and complete incapacity to do a thing. A married woman is totally incapable to make a contract, because, although having intelligence, she has not legal capacity and an idiot is totally incapable to enter into a contract, because he has no will.
Loss
contracts. The deprivation of something which one had, which was either advantageous, agreeable or commodious.
Damage
Torts. The loss caused by one person to another, or to his property, either with the design of injuring him, with negligence and carelessness, or by inevitable accident.
Liable
Legally responsible.
Negligence
Contracts, torts. When considered in relation, to contracts, negligence may be divided into various degrees, namely, ordinary, less than ordinary, more than ordinary.
Apportionment
The division and distribution of something into proportionate parts; to each according to their share. For example, if a court ordered apportionment of a contract, the party would be required to perform only to a extent equal to the performance of the other side.
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.
SIMILAR TERMS--------------------------------------
Proper
That which is essential, suitable, adapted, and correct.
Proper law
The principle of the conflict of laws according to which the law applicable to a given legal situation should be the law having the closest and most real connection to the case. The term "proper law of the contract" was first used by Westlake in A Treatise on Private International Law, with principal reference to its practice in England.
Properly applicable law
The law which has the closest and most real connection (or most significant relationship) with the contract or tort, based upon the connecting factors (contacts). The properly applicable law may be identified by the application to any conflict of laws problem of a consistent methodology (supra), such as that proposed in Tetley, Int'l C. of L., 1994 at pp. 35-43, 41-42.
Property
Property is commonly thought of as a thing which belongs to someone and over which a person has total control. But, legally, it is more properly defined as a collection of legal rights over a thing. These rights are usually total and fully enforceable by the state or the owner against others. It has been said that "property and law were born and die together. Before laws were made there was no property. Take away laws and property ceases." before laws were written and enforced, property had no relevance. Possession was all that mattered. There are many classifications of property, the most common being between real property or immoveable property (real estate such as land or buildings) and "chattel", or "moveable" (things which are not attached to the land such as a bicycle, a car or a hammer) and between public (property belonging to everybody or to the state) and private property.
Property tax
A tax levied on land and buildings (real estate) and on personal property.
Propinquity
Kindred; parentage.
Propios
Propios. Proprios. Spanish law. Certain portions of ground laid off and reserved when a town was founded in Spanish America, as the unalienable property of the town, for the purpose of erecting public buildings, markets or to be used in any other way, under the direction of the municipality, for the advancement of the revenues, or the prosperity of the place.
Proponent
Ecclesiastical law. One who propounds a telling.
Proposal
An offer for consideration or acceptance.
Proposition
An offer to do something. Until it has been accepted, a proposition may be withdrawn by the party who makes it; and to be binding, the acceptance must be in the same terms, without any variation.
Propositus
The person proposed. In making genealogical tables, the person whose relations it is desirous to find out, is called the propositus.
Propound
To propound. To offer, to propose.
Propres
French law. The term propres or biens propres, is used to denote that property which has come to an individual from his relations, either in a direct line, ascending or descending, or from a collateral line, whether the same have come by operation of law or by devise.
Propria persona
In his own person. It is a rule in pleading that pleas to the jurisdiction of the court must be pleaded in propria persona, because, if pleaded by attorney, they admit the jurisdiction, as an attorney is an officer of the court, and he is presumed to plead after having obtained leave, which admits the jurisdiction.
Proprietary
In its strict sense, this word signifies one who is master of his actions, and who has the free disposition of his property
Proprietary rights
Patents, trade secrets, copyrights or other intellectual property that belongs to the writer, client, employer or other holder.
Proprietate probanda
English practice. The name of a writ which issues in a case of replevin when the defendant claims property in the chattels replevied, and the sheriff makes a return accordingly.
Proprietor
The owner.
Proprio vigore
By its own force or vigor. This expression is frequently used in construction. A phrase is said to have a certain meaning proprio vigore.
Propter affectum
For or on account of some affection or prejudice. A juryman may be challenged propter affectum.
Propter defectum
On account or for some defect. This phrase is frequently used in relation to challenges. A juryman may be challenged propter defectum.
Propter delictum
For or on account of crime. A juror may be challenged propter delictum, when he has been convicted of an infamous crime.
PREVIOUS AND NEXT TERMS--------------------------------------
Property
Property is commonly thought of as a thing which belongs to someone and over which a person has total control. But, legally, it is more properly defined as a collection of legal rights over a thing. These rights are usually total and fully enforceable by the state or the owner against others. It has been said that "property and law were born and die together. Before laws were made there was no property. Take away laws and property ceases." before laws were written and enforced, property had no relevance. Possession was all that mattered. There are many classifications of property, the most common being between real property or immoveable property (real estate such as land or buildings) and "chattel", or "moveable" (things which are not attached to the land such as a bicycle, a car or a hammer) and between public (property belonging to everybody or to the state) and private property.
Property tax
A tax levied on land and buildings (real estate) and on personal property.
Propinquity
Kindred; parentage.
Propios
Propios. Proprios. Spanish law. Certain portions of ground laid off and reserved when a town was founded in Spanish America, as the unalienable property of the town, for the purpose of erecting public buildings, markets or to be used in any other way, under the direction of the municipality, for the advancement of the revenues, or the prosperity of the place.
Proponent
Ecclesiastical law. One who propounds a telling.
Proportionate fault
Proposal
An offer for consideration or acceptance.
Proposition
An offer to do something. Until it has been accepted, a proposition may be withdrawn by the party who makes it; and to be binding, the acceptance must be in the same terms, without any variation.
Propositus
The person proposed. In making genealogical tables, the person whose relations it is desirous to find out, is called the propositus.
Propound
To propound. To offer, to propose.
Propres
French law. The term propres or biens propres, is used to denote that property which has come to an individual from his relations, either in a direct line, ascending or descending, or from a collateral line, whether the same have come by operation of law or by devise.
RELATED TERMS--------------------------------------
Rule
This is a metaphorical expression borrowed from mechanics. The rule, in its proper and natural sense, is an instrument by means of which may be drawn from one point to another, the shortest possible line, which is called a straight line.
Damages
A cash compensation ordered by a court to offset losses or suffering caused by another's fault or negligence. Damages are a typical request made of a court when persons sue for breach of contract or tort.
Tort
An injury; a wrong; hence the expression an executor de son tort, of his own wrong.
Delict
Civil law. The act by which one person, by fraud or malignity, causes some damage or tort to some other. In its most enlarged sense, this term includes all kinds of crimes and misdemeanors, and even the injury which has been caused by another, either voluntarily or accidentally without evil intention; but more commonly by delicts are understood those small offences which are punislied by a small fine or a short imprisonment.
Each
Every one of the two or more composing the whole.
Party
Practice, contracts. When applied to practice, by party is understood either the plaintiff or defendant. In contracts, a party is one or more persons who engage to perform or receive the performance of some agreement.
Fault
Contracts, Civil law. An improper act or omission, which arises from ignorance, carelessness, or negligence. The act or omission must not have been meditated, and must have caused some injury to another.
Total
Complete; containing the whole; as the total amount of an account is all the items of such account added together; total incapacity, is an absolute and complete incapacity to do a thing. A married woman is totally incapable to make a contract, because, although having intelligence, she has not legal capacity and an idiot is totally incapable to enter into a contract, because he has no will.
Loss
contracts. The deprivation of something which one had, which was either advantageous, agreeable or commodious.
Damage
Torts. The loss caused by one person to another, or to his property, either with the design of injuring him, with negligence and carelessness, or by inevitable accident.
Liable
Legally responsible.
Negligence
Contracts, torts. When considered in relation, to contracts, negligence may be divided into various degrees, namely, ordinary, less than ordinary, more than ordinary.
Apportionment
The division and distribution of something into proportionate parts; to each according to their share. For example, if a court ordered apportionment of a contract, the party would be required to perform only to a extent equal to the performance of the other side.
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.
SIMILAR TERMS--------------------------------------
Proper
That which is essential, suitable, adapted, and correct.
Proper law
The principle of the conflict of laws according to which the law applicable to a given legal situation should be the law having the closest and most real connection to the case. The term "proper law of the contract" was first used by Westlake in A Treatise on Private International Law, with principal reference to its practice in England.
Properly applicable law
The law which has the closest and most real connection (or most significant relationship) with the contract or tort, based upon the connecting factors (contacts). The properly applicable law may be identified by the application to any conflict of laws problem of a consistent methodology (supra), such as that proposed in Tetley, Int'l C. of L., 1994 at pp. 35-43, 41-42.
Property
Property is commonly thought of as a thing which belongs to someone and over which a person has total control. But, legally, it is more properly defined as a collection of legal rights over a thing. These rights are usually total and fully enforceable by the state or the owner against others. It has been said that "property and law were born and die together. Before laws were made there was no property. Take away laws and property ceases." before laws were written and enforced, property had no relevance. Possession was all that mattered. There are many classifications of property, the most common being between real property or immoveable property (real estate such as land or buildings) and "chattel", or "moveable" (things which are not attached to the land such as a bicycle, a car or a hammer) and between public (property belonging to everybody or to the state) and private property.
Property tax
A tax levied on land and buildings (real estate) and on personal property.
Propinquity
Kindred; parentage.
Propios
Propios. Proprios. Spanish law. Certain portions of ground laid off and reserved when a town was founded in Spanish America, as the unalienable property of the town, for the purpose of erecting public buildings, markets or to be used in any other way, under the direction of the municipality, for the advancement of the revenues, or the prosperity of the place.
Proponent
Ecclesiastical law. One who propounds a telling.
Proposal
An offer for consideration or acceptance.
Proposition
An offer to do something. Until it has been accepted, a proposition may be withdrawn by the party who makes it; and to be binding, the acceptance must be in the same terms, without any variation.
Propositus
The person proposed. In making genealogical tables, the person whose relations it is desirous to find out, is called the propositus.
Propound
To propound. To offer, to propose.
Propres
French law. The term propres or biens propres, is used to denote that property which has come to an individual from his relations, either in a direct line, ascending or descending, or from a collateral line, whether the same have come by operation of law or by devise.
Propria persona
In his own person. It is a rule in pleading that pleas to the jurisdiction of the court must be pleaded in propria persona, because, if pleaded by attorney, they admit the jurisdiction, as an attorney is an officer of the court, and he is presumed to plead after having obtained leave, which admits the jurisdiction.
Proprietary
In its strict sense, this word signifies one who is master of his actions, and who has the free disposition of his property
Proprietary rights
Patents, trade secrets, copyrights or other intellectual property that belongs to the writer, client, employer or other holder.
Proprietate probanda
English practice. The name of a writ which issues in a case of replevin when the defendant claims property in the chattels replevied, and the sheriff makes a return accordingly.
Proprietor
The owner.
Proprio vigore
By its own force or vigor. This expression is frequently used in construction. A phrase is said to have a certain meaning proprio vigore.
Propter affectum
For or on account of some affection or prejudice. A juryman may be challenged propter affectum.
Propter defectum
On account or for some defect. This phrase is frequently used in relation to challenges. A juryman may be challenged propter defectum.
Propter delictum
For or on account of crime. A juror may be challenged propter delictum, when he has been convicted of an infamous crime.
PREVIOUS AND NEXT TERMS--------------------------------------
Property
Property is commonly thought of as a thing which belongs to someone and over which a person has total control. But, legally, it is more properly defined as a collection of legal rights over a thing. These rights are usually total and fully enforceable by the state or the owner against others. It has been said that "property and law were born and die together. Before laws were made there was no property. Take away laws and property ceases." before laws were written and enforced, property had no relevance. Possession was all that mattered. There are many classifications of property, the most common being between real property or immoveable property (real estate such as land or buildings) and "chattel", or "moveable" (things which are not attached to the land such as a bicycle, a car or a hammer) and between public (property belonging to everybody or to the state) and private property.
Property tax
A tax levied on land and buildings (real estate) and on personal property.
Propinquity
Kindred; parentage.
Propios
Propios. Proprios. Spanish law. Certain portions of ground laid off and reserved when a town was founded in Spanish America, as the unalienable property of the town, for the purpose of erecting public buildings, markets or to be used in any other way, under the direction of the municipality, for the advancement of the revenues, or the prosperity of the place.
Proponent
Ecclesiastical law. One who propounds a telling.
Proportionate fault
Proposal
An offer for consideration or acceptance.
Proposition
An offer to do something. Until it has been accepted, a proposition may be withdrawn by the party who makes it; and to be binding, the acceptance must be in the same terms, without any variation.
Propositus
The person proposed. In making genealogical tables, the person whose relations it is desirous to find out, is called the propositus.
Propound
To propound. To offer, to propose.
Propres
French law. The term propres or biens propres, is used to denote that property which has come to an individual from his relations, either in a direct line, ascending or descending, or from a collateral line, whether the same have come by operation of law or by devise.
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This dictionary contains 8526 terms.
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