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| This dictionary contains: 8526 juridical terms |
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Proprietate probanda
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Proprietate probandaEnglish 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.
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).
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.
Case
1) Practice. A contested question before a court of justicea suit or action a cause. 2) An agreement in writing, between a plaintiff and defendant, that the facts in dispute between them are as there agreed upon and mentioned
Replevin
Remedies. The name of an action for the recovery of goods and chattels.
When
1) At which time, in wills, standing by itself unqualified and unexplained, this is a word of condition denoting the time at which the gift is to continence. 2) The context of a will may show that the word when is to be applied to the possession only, not to the vesting of a legacy; but to justify this construction, there must be circumstances, or other expressions in the will, showing such to have been the testator's intent.
Defendant
A party who is sued in a personal action.
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.
Sheriff
The name of the chief officer of the county. In Latin he is called vice comes, because in England he represented the comes or earl. His name is said to be derived from the Saxon seyre, shire or county, and reve, keeper, bailiff, or guardian.
Return
Contracts, remedies. Persons who are beyond the sea are exempted from the operation of the statute of limitations of Pennsylvania, and of other states, till after a certain time has elapsed after their returning.
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
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.
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--------------------------------------
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
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.
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).
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.
Case
1) Practice. A contested question before a court of justicea suit or action a cause. 2) An agreement in writing, between a plaintiff and defendant, that the facts in dispute between them are as there agreed upon and mentioned
Replevin
Remedies. The name of an action for the recovery of goods and chattels.
When
1) At which time, in wills, standing by itself unqualified and unexplained, this is a word of condition denoting the time at which the gift is to continence. 2) The context of a will may show that the word when is to be applied to the possession only, not to the vesting of a legacy; but to justify this construction, there must be circumstances, or other expressions in the will, showing such to have been the testator's intent.
Defendant
A party who is sued in a personal action.
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.
Sheriff
The name of the chief officer of the county. In Latin he is called vice comes, because in England he represented the comes or earl. His name is said to be derived from the Saxon seyre, shire or county, and reve, keeper, bailiff, or guardian.
Return
Contracts, remedies. Persons who are beyond the sea are exempted from the operation of the statute of limitations of Pennsylvania, and of other states, till after a certain time has elapsed after their returning.
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
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.
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--------------------------------------
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
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.
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This dictionary contains 8526 terms.
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