Juridical Dictionary

This dictionary contains:
8526
juridical terms

Real actions




Real actions

1) Those which concern the realty only, being such by which the demandant claims title to have any lands or tenements, rents, or other hereditaments, in fee simple, fee tail, or for term of life. 2) In the civil law, by real actions are meant those which arise from a right in a thing, whether it be movable or immovable.

RELATED TERMS
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Realty
An abstract of real, as distinguished from personalty. Realty relates to lands and tenements, rents or other hereditaments.

Demandant
Practice. The plaintiff or party who brings a real action, is called the demandant.

Title
1) Estates. A title is defined by Lord Coke to be the means whereby the owner of lands hath the just possession of his property. 2) Legislation That part of an act of the legislature by which it is known, and distinguished from other acts the name of the act. 3) Rights. The name of a newwpaper a book, and the like.

Hereditaments
Estates. Anything capable of being inherited, be it corporeal or incorporeal, real, personal, or mixed and including not only lands and everything thereon, but also heir looms, and certain furniture which, by custom, may descend to the heir, together with the land. By this term such things are denoted, as may be the subject-matter of inheritance, but not the inheritance itself; it cannot therefore, by its own intrinsic force, enlarge an estate, prima facie a life estate, into a fee.

Simple
Not compounded, alone; as, simple interest, which is interest on the principal sum lent only and not interest on the interest; simple contract, &c.

Tail
An estate tail is an estate of inheritance, to a man or a woman and his or her heirs of his or her body, or heirs of his body of a particular description, or to several persons and the heirs of their bodies, or the heirs generally or specially of the body or bodies of one person, or several bodies.

Term
1) Construction. Word; expression speech. 2) Contracts. This word is used in the civil, law to denote the space of time granted to the debtor for discharging his obligation; there are express terms resulting from the positive stipulations of the agreement; as, where one undertakes to pay a certain sum on a certain day and also terms which tacitly result from the nature of the things which are the object of the engagement, or from the place where the act is agreed to be done. For instance, if a builder engage to construct a house for me, I must allow a reasonable time for fulfilling his engagement. 3) Estates. The limitation of an estate, as a term for years, for life, and the like. The word term does not merely signify the time specified in the lease, but the estate also and interest that passes by that lease; and therefore the term may expire during the continuance of the time, as by surrender, forfeiture and the like. 4) Practice. The space of time during which a court holds a session; sometimes the term is a monthly, at others it is a quarterly period, according to the constitution of the court.

Life
The aggregate of the animal functions which resist death. Bichat.

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.

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.

Real
1) A term which is applied to land in its most enlarged signification. Real security, therefore, means the security of mortgages or other incumbrances affecting lands. 2) In the civil law, real has not the same meaning as it has in the common law. There it signifies what relates to a thing, whether it be movable or immovable, lands or goods; thus, a real injury is one which is done to a thing, as a trespass to property, whether it be real or personal in the common law sense. A real statute is one which relates to a thing, in contradistinction to such as relate to a person.

Right
1) Sometimes it signifies a law, as when we say that natural right requires us to keep our promises, or that it commands restitution, or that it forbids murder. In our language it is seldom used in this sense. 2) It sometimes means that quality in our actions by which they are denominated just ones. This is usually denominated rectitude. 3) It is that quality in a person by which he can do certain actions, or possess certain things which belong to him by virtue of some title. In this sense, we use it when we say that a man has a right to his estate or a right to defend himself.



SIMILAR TERMS
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Real
1) A term which is applied to land in its most enlarged signification. Real security, therefore, means the security of mortgages or other incumbrances affecting lands. 2) In the civil law, real has not the same meaning as it has in the common law. There it signifies what relates to a thing, whether it be movable or immovable, lands or goods; thus, a real injury is one which is done to a thing, as a trespass to property, whether it be real or personal in the common law sense. A real statute is one which relates to a thing, in contradistinction to such as relate to a person.

Real contract
1) com. law. By this term are understood contracts in respect to real property. 2) In the civil law real contracts are those which require the interposition of thing as the subject of them; for instance, the loan for goods to be specifically returned.

Real estate
Physical land and appurtenances affixed to the land: land.

Real estate attorney
A law school graduate having the right to practice as a lawyer and being specialized in real estate transactions legal area.

Real estate law
The particular area of the legal profession dealing with real estate disputes and cases.

Real poinding
Poinding, real or poinding of the ground. Scotch law. Though it be properly a diligence, this is generally considered by lawyers as a species of real action, and is so called to distinguish it from personal poinding, which is founded merely on an obligation to pay.

Real property
That which consists of land, and of all rights and profits arising from and annexed to land, of a permanent, immovable nature. In order to make one's interest in land, real estate, it must be an interest not less than for the party's life, because a term of years, even for a thousand years, perpetually renewable, is a mere personal estate. It is usually comprised under the words lands, tenements, and hereditaments. Real property is corporeal, or incorporeal.

Reality of laws
Those laws which govern property, whether real or personal, or things; the term is used in persona opposition to personality of laws.

Realm
A kingdom; a country.

Realty
An abstract of real, as distinguished from personalty. Realty relates to lands and tenements, rents or other hereditaments.



PREVIOUS AND NEXT TERMS
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Razoring
Removing the last check, invoice, purchase order or other sequentially numbered item from a pad of items by carefully cutting with a razor around the staple holding the pad together. In this manner, fictitious transactions can be documented on official forms.

Re
(United Kingdom) In the matter of.

Reading
The act of making known the contents of a writing or of a printed document.

Ready-made company
A ready-made company is formed by company registration agents and can be transferred to a person wishing to use a company. The company will have carried on no activities and can be taken over by changing the directors and the secretary.

Real
1) A term which is applied to land in its most enlarged signification. Real security, therefore, means the security of mortgages or other incumbrances affecting lands. 2) In the civil law, real has not the same meaning as it has in the common law. There it signifies what relates to a thing, whether it be movable or immovable, lands or goods; thus, a real injury is one which is done to a thing, as a trespass to property, whether it be real or personal in the common law sense. A real statute is one which relates to a thing, in contradistinction to such as relate to a person.

Real actions

Real contract
1) com. law. By this term are understood contracts in respect to real property. 2) In the civil law real contracts are those which require the interposition of thing as the subject of them; for instance, the loan for goods to be specifically returned.

Real estate
Physical land and appurtenances affixed to the land: land.

Real poinding
Poinding, real or poinding of the ground. Scotch law. Though it be properly a diligence, this is generally considered by lawyers as a species of real action, and is so called to distinguish it from personal poinding, which is founded merely on an obligation to pay.

Real property
That which consists of land, and of all rights and profits arising from and annexed to land, of a permanent, immovable nature. In order to make one's interest in land, real estate, it must be an interest not less than for the party's life, because a term of years, even for a thousand years, perpetually renewable, is a mere personal estate. It is usually comprised under the words lands, tenements, and hereditaments. Real property is corporeal, or incorporeal.

Reality of laws
Those laws which govern property, whether real or personal, or things; the term is used in persona opposition to personality of laws.

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This dictionary contains 8526 terms.







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