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Quod permittat prosternere
Quod permittat prosternereEnglish law. That he give leave to demolish. The name of a writ which commands the defendant to permit the plaintiff to abate the nuisance of which complaint is made, or otherwise to appear in court and to show cause why he will not. On proof of the facts the plaintiff is entitled to have judgment to abate the nuisance and to recover damages. This proceeding, on account of its tediousness and expense, has given way to a special action on the case. RELATED TERMS-------------------------------------- Law A rule or body of rules of conduct inherent in human nature and essential to or binding upon human society. The learned profession that is mastered by graduate study in a law school and that is responsible for the judicial system. 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). Defendant A party who is sued in a personal action. Permit A license or warrant to do something not forbidden bylaw. Plaintiff The party who begins an action; the party who complains or sues in an action and is named as such in the court's records. Also called a petitioner. Abate To quash, beat down, destroy. That of abating a writ or action - its overthrow or defeat by some fatal exception to it. Nuisance Criminal law, torts. This word means literally annoyance; in law, it signifies, according to Blackstone, " anything that worketh hurt, inconvenience, or damage." Complaint Criminal law. The allegation made to a proper officer, that some person, whether known or unknown, has been guilty of a designated offence, with an offer to prove the fact, and a request that the offender may be punished. Court A body in government to which the administration of justice is delegated. 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. Will A will is a legal document in which a person directs how his property is to be distributed after his death. Such documents must be executed in due form and must be duly witnessed. Proof Practice. The conviction or persuasion of the mind of a judge or jury, by the exhibition of evidence, of the reality of a fact alleged: as, to prove, is to determine or persuade that a thing does or does not exist. Judgment Practice. The decision or sentence of the law, given by a court of justice or other competent tribunal, as the result of proceedings instituted therein, for the redress of an injury. 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. 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. Account Practice. 1) A statement of the receipts and payments of an executor, administrator, or other trustee, of the estate confided to him. 2) An account is also the statement of two merchants or others who have dealt together, showing the debits and credits between them. Special That which relates to a particular species or kind, opposed to general; as special verdict and general verdict; special imparlance and general imparlance; special jury, or one selected for a particular case, and general jury; special issue and general issue, &c. Action 1) French commercial. Stock in a company, shares in a corporation. 2)Civil law. An action instituted to avoid a sale onaccount of some Vice or defect in the thing sold which readers it either absolutely useless, or its use so inconvenient and, imperfect, that it must be, supposed the buyer would not have purchased it, had he known of the vice. 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 SIMILAR TERMS-------------------------------------- Quod computet The name of an interlocutory judgment in an action of account render: also the name of a decree in the case of creditors' bills against executors or administrators. Quod cum Pleading; It is a general rule in pleading, regulating alike every form of action, that the plaintiff shall state his complaint in positive and direct terms, and not by way of recital. Quod damnum English law. The name of a writ issuing out of and returnable intochancery, directed to the sheriff, commanding him to inquire by a jury 'Whatchancery, directed to the sheriff, commanding him to inquire by a jury 'Whatdamage it will be to the king, or any other, to grant a liberty, fair,damage it will be to the king, or any other, to grant a liberty, fair,market, highway, or the like.market, highway, or the like. Quod ei deforceat English law. The name of a writ given to the owners of a particular estate, as for life, in dower, by the curtesy, or in fee tail, who are barred of the right of possession by a recovery had against them through their default or non-appearance in a possessory action; by which the right was restored to him, who had been thus unwarily deforced by his own default. Quod permittat English law. That he permit. The name of a writ which lies for the heir of him who is disseised of his common of pasture, against the heir of the disseisor, he being dead. Quod prostravit The name of a judgment upon an indictment for a nuisance, that the defendant abate such nuisance. Quod recuperet That he recover. The form of a judgment that the plaintiff do recover. PREVIOUS AND NEXT TERMS-------------------------------------- Quod computet The name of an interlocutory judgment in an action of account render: also the name of a decree in the case of creditors' bills against executors or administrators. Quod cum Pleading; It is a general rule in pleading, regulating alike every form of action, that the plaintiff shall state his complaint in positive and direct terms, and not by way of recital. Quod damnum English law. The name of a writ issuing out of and returnable intochancery, directed to the sheriff, commanding him to inquire by a jury 'Whatchancery, directed to the sheriff, commanding him to inquire by a jury 'Whatdamage it will be to the king, or any other, to grant a liberty, fair,damage it will be to the king, or any other, to grant a liberty, fair,market, highway, or the like.market, highway, or the like. Quod ei deforceat English law. The name of a writ given to the owners of a particular estate, as for life, in dower, by the curtesy, or in fee tail, who are barred of the right of possession by a recovery had against them through their default or non-appearance in a possessory action; by which the right was restored to him, who had been thus unwarily deforced by his own default. Quod permittat English law. That he permit. The name of a writ which lies for the heir of him who is disseised of his common of pasture, against the heir of the disseisor, he being dead. Quod permittat prosternere Quod prostravit The name of a judgment upon an indictment for a nuisance, that the defendant abate such nuisance. Quod recuperet That he recover. The form of a judgment that the plaintiff do recover. Quorum Used substantively, quorum signifies the number of persons belonging to a legislative assembly, a corporation, society, or other body, required to transact business; there is a difference between an act done by a definite number of persons, and one performed by an indefinite number: in the first case a majority is required to constitute a quorum, unless the law expressly directs that another number may make one; in the latter case any number who may be present may act, the majority of those present having, as in other cases, the right to act. Quot Scotch law. The twentieth part of the movables, computed without computation of debts, was so called. Quota That part which each one is to bear of some expense. 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