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Res tudic ata
Res tudic ataPractice. The decision of a legal or equitable issue, by a court of competent jurisdiction. 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. Decision Practice. A judgment given by a competent tribunal. The French lawyers call the opinions which they give on questions propounded to them, decisions. 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. Equitable That which is in conformity to the natural law. Issue 1) Kindred. This term is of very extensive import, in its most enlarged signification, and includes all persons who have descended from a common ancestor. But when this word is used in a will, in order to give effect to the testator's intention it will be construed in a more restricted sense than its legal import conveys. 2) Pleading. An issue, in pleading, is defined to be a single, certain and material point issuing out of the allegations of the parties, and consisting, regularly, of an affirmative and negative. In common parlance, issue also signifies the entry of the pleadings. Court A body in government to which the administration of justice is delegated. 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. SIMILAR TERMS-------------------------------------- Res gesta Evidence. The subject matter; thing done. Res gestae (United Kingdom) The thing done. Res integra An entire thing; an entirely new or untouched matter. This term is applied to those points of law which have not been decided, which are "untouched by dictum or decision." Res inter alios acta Evidence. This is a technical phrase which signifies acts of others, or transactions between others. Res ipsa loquitur The thing speaks for itself, the presumption, for example that damages caused by an inanimate object, without human intervention, result from some fault or negligence on the part of the owner or possessor of the object in whose custody it was at the time it caused the harm. Res judicata The thing having been adjuded, referring to the principle that once a court of competent jurisdiction has rendered a final and conclusive decision in a dispute, the same cause of action may not normally be tried again Res mancipi Roman civil law. Those things which might be sold and alienated, or the property of them transferred from one person to another. The division of things in to res mancipi and res nec mancipi, was one of ancient origin, and it continued to a late period in the empire. Res nova Something new; something not before decided. Res nulis (United Kingdom) Nobody’s property. Res nullius A thing which has no owner. A thing which has been abandoned by its owner is as much res nullius as if it had never belonged to any one. Res perit domino The thing is lost to the owner. This phrase is used to express that when a thing is lost or destroyed, it is lost to the person who was the owner of it at the time. For example, an article is sold; if the seller have perfected the title of the buyer so that it is his, and it be destroyed, it is the buyer's loss; but if, on the contrary, something remains to be done before the title becomes vested in the buyer, then the loss falls on the seller. Res universatis Those things which belong to cities or municipal corporations are so called; they belong so far to the public that they cannot be appropriated to private use; such as public squares, market houses, streets, and the like. PREVIOUS AND NEXT TERMS-------------------------------------- Res mancipi Roman civil law. Those things which might be sold and alienated, or the property of them transferred from one person to another. The division of things in to res mancipi and res nec mancipi, was one of ancient origin, and it continued to a late period in the empire. Res nova Something new; something not before decided. Res nulis (United Kingdom) Nobody’s property. Res nullius A thing which has no owner. A thing which has been abandoned by its owner is as much res nullius as if it had never belonged to any one. Res perit domino The thing is lost to the owner. This phrase is used to express that when a thing is lost or destroyed, it is lost to the person who was the owner of it at the time. For example, an article is sold; if the seller have perfected the title of the buyer so that it is his, and it be destroyed, it is the buyer's loss; but if, on the contrary, something remains to be done before the title becomes vested in the buyer, then the loss falls on the seller. Res tudic ata Res universatis Those things which belong to cities or municipal corporations are so called; they belong so far to the public that they cannot be appropriated to private use; such as public squares, market houses, streets, and the like. Resale A second sale made of an article; as, for example, if A sell a horse to B, and the latter not having paid, for him, refuse to take him away, when by his contract he was bound to do so, and then A sells the horse to C. Resceit 1) The act of receiving or admitting a third person to plead his right in a cause commenced by two; as when an action is brought against a tenant for life or term of years, the reversioner is allowed to defend. 2) Resceit or receit. The admission or receiving of a third person to plead his right in a cause formerly commenced between two other persons; as, when an action is brought against a tenant for life or years, or any other particular tenant, and he makes default, in such case the reversioner may move that he may be received to defend his right, and to plead with the demandant. Rescind To abrogate or cancel a contract putting the parties in the same position they would have been in had there been no contract. Rescission can occur in one of two ways: either a contract can be set aside (rescinded) because of some defect in its formation (such as misrepresentation, duress or undue influence) or it can be set aside by agreement by the parties, for example if they reach a new agreement. Rescission Voluntary cancellation of a contract either unilaterally (by one party) or by both. Can only be exercised under certain circumstances. We thank you for using the Juridical Dictionary to search for Res tudic ata. If you have a better definition for Res tudic ata than the one presented here, please let us know by making use of the suggest a term option. This definition of Res tudic ata may be disputed by other professionals. Our attempt is to provide easy definitions on Res tudic ata and any other medical topic for the public at large.
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