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Recusation
RecusationCivil law. A plea or exception by which the defendant requires that the judge having jurisdiction of the cause, should abstain from deciding upon the ground of interest, or for a legal objection to his prejudice. RELATED TERMS-------------------------------------- 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. Plea 1) Chancery practice. "A plea," says Lord Bacon, speaking of proceedings in courts of equity, "is a foreign matter to discharge or stay the suit." 2) Practice. The defendant's answer by matter of fact, to the plaintiff's declaration. Exception 1) English Eq. practice. Re-interrogation. 2) Legislation, construction. Exceptions are rules which limit the extent of other more general rules, and render that just and proper, which would be, on account of its generality, unjust and improper. Defendant A party who is sued in a personal action. Judge An elected or appointed public official with authority to hear and decide cases in a court of law. Jurisdiction Practice. A power constitutionally conferred upon a judge or magistrate, to take cognizance of, and decide causes according to law, and to carry his sentence into execution. The tract of land or district within which a judge or magistrate has jurisdiction, is called his territory, and his power in relation to his territory is called his territorial jurisdiction. 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. Interest 1) Estates. The right which a man has in a chattel real, and more particularly in a future term. It is a word of less efficacy and extent than estates, though, in legal understanding, an interest extends to estates, rights and titles which a man has in or out of lands, so that by a grant of his whole interest in land, a reversion as well as the fee simple shall pass. 2) Contracts. The right of property which a man has in a thing, commonly called insurable interest. 3) Evidence. The benefit which a person has in the matter about to be decided and which is in issue between the parties. Legal That which is according to law. It is used in opposition to equitable, as the legal estate is, in the trustee, the equitable estate in the cestui que trust. Objection The verbal response of a lawyer when something inappropriate is happening during a trial or deposition. it is one of many steps involved in protecting the record. Prejudice To decide beforehand; to lean in favor of one side of a cause for some reason or other than its justice. SIMILAR TERMS-------------------------------------- Recuperatores Roman civil law. A species of judges originally established, it is supposed, to decide controversies between Roman citizens and strangers, concerning the right to the possession of property requiring speedy remedy; but gradually extended to questions which might be brought before ordinary judges. Recusants Recusants or Popish recusants. English law. Persons who refuse to make the declarations against popery, and such as promote, encourage, or profess the popish religion. Recuse The process by which a judge is disqualified from hearing a case, on his or her own motion or upon the objection of either party. PREVIOUS AND NEXT TERMS-------------------------------------- Rector Ecclesiastical law. One who rules or governs a name given to certain officers of the Roman church. Rectory English law. Corporeal real property, consisting of a church, glebe lands and tithes. Rectus in curia Right in court. One who stands at the bar, and no one objects any offence, or prefers any charge against him. Recuperatores Roman civil law. A species of judges originally established, it is supposed, to decide controversies between Roman citizens and strangers, concerning the right to the possession of property requiring speedy remedy; but gradually extended to questions which might be brought before ordinary judges. Recusants Recusants or Popish recusants. English law. Persons who refuse to make the declarations against popery, and such as promote, encourage, or profess the popish religion. Recusation Recuse The process by which a judge is disqualified from hearing a case, on his or her own motion or upon the objection of either party. Red flags Symptoms and indicators (of Fraud). Reddendo singula singulis Construction. By rendering each his own; for example, when two descriptions of property are given together in one mass, both the next of kin and the heir cannot take, unless in cases where a construction can be made reddendo singula singulis, that the next of kin shall take the personal estate aud the heir at law the real estate. Reddendum Contracts. A word used substantively, and is that clause in a deed by which the grantor reserves something new to himself out of that which he granted before, and thus usually follows the tenendum, and is generally in these words "yielding and paying." Redemption Contracts. The act of taking back by the seller from the buyer a thing which had been sold subject to th right of repurchase. We thank you for using the Juridical Dictionary to search for Recusation. If you have a better definition for Recusation than the one presented here, please let us know by making use of the suggest a term option. This definition of Recusation may be disputed by other professionals. Our attempt is to provide easy definitions on Recusation and any other medical topic for the public at large.
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