|
 |
||
 |
| This dictionary contains: 8526 juridical terms |
 |
Proprietary
|
|
ProprietaryIn its strict sense, this word signifies one who is master of his actions, and who has the free disposition of his property
RELATED TERMS--------------------------------------
Word
Construction. One or more syllables which when united convey an idea a single part of speech.
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.
Free
"1) Not bound to servitude; at liberty to act as one pleases. This word is put in opposition to slave. 2) Ships. By this is understood neutral vessels. Free ships are sometimes considered as making free goods.
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.
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.
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.
Proportionate fault
The 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.
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 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--------------------------------------
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
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.
RELATED TERMS--------------------------------------
Word
Construction. One or more syllables which when united convey an idea a single part of speech.
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.
Free
"1) Not bound to servitude; at liberty to act as one pleases. This word is put in opposition to slave. 2) Ships. By this is understood neutral vessels. Free ships are sometimes considered as making free goods.
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.
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.
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.
Proportionate fault
The 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.
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 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--------------------------------------
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
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.
We thank you for using the Juridical Dictionary to search for Proprietary. If you have a better definition for Proprietary than the one presented here, please let us know by making use of the suggest a term option. This definition of Proprietary may be disputed by other professionals. Our attempt is to provide easy definitions on Proprietary and any other medical topic for the public at large.
This dictionary contains 8526 terms.
|
|