Juridical Dictionary

This dictionary contains:
8526
juridical terms

Respondeat ouster




Respondeat ouster

The name of a judgment when an issue in law, arising on a dilatory plea, has been decided for the plaintiff, that the defendant answer over.

RELATED TERMS
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Name
One or more words used to distinguish a particular individual, as Socrates, Benjamin Franklin.

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.

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.

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.

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.

Dilatory
That which is intended for delay.

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.

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.

Defendant
A party who is sued in a personal action.

Answer
Practice. The declaration of a fact by a witness after a question has been put asking for it.



SIMILAR TERMS
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Respectable witness
One who is competent to testify in a court of justice. To pass lands in Alabama, a will must be attested by three or more respectable witnesses

Respiration
Med. jur. Breathing, which consists of the drawing into, inhaling, or more technically, inspiring, atmospheric air into the lungs, and then: forcing out, expelling, or technically expiring, from the lungs the air therein.

Respite
1) Contracts, civil law. An act by which a debtor who is unable to satisfy his debts at the moment, transacts with his creditors, and obtains from them time or delay for the payment of the sums which he owes to them. 2) Criminal law. A suspension of a sentence, which is to be executed at a future time. It differs from a pardon, which is in abolition of the crime.

Respondeat superior
Literally, "a superior (or master) must answer." The doctrine which holds that employers are responsible for the acts and omissions of their employees and agents, when done within the scope of the employees' duties.

Respondent
Practice. The party who makes an answer to a bill or other proceeding in chancery. In the civil law, this term signifies one who answers or is security for another; a fidejussor

Respondentia
Maritime law. A loan of money on maritime interest, on goods laden on board of a ship, which, in the course of the voyage must, from their nature, be sold or exchanged, upon this condition, that if the goods should be lost in the course of the voyage, by any of the perils enumerated in the contract, the lender shall lose his money; if not, that the borrower shall pay him the sum borrowed, with the interest agreed upon.

Respondentia ("nantissement à la grosse sur facultes")
The hypothecation of the ship's cargo by the master while away from the vessel's home port, as security for a loan to pay for goods or services needed to preserve the ship or complete the voyage. Respondentia, although still secured by a maritime lien in the U.K. and British Commonwealth countries, is obsolete, in view of the emergence of modern means of communications.

Responder immunity
A term used to express the limited immunity from civil liability given to "responders" to an environmental accident whose actions taken or not taken result in worsening the environmental consequences, as long as their conduct was in accord with certain principles and as long as the worsening of the consequences was not due to gross negligence or wilful misconduct.

Respondere non debet
The prayer of a plea where the defendant insists that he ought not to answer, as when he claims a privilege; for example, as being a member of congress, or a foreign amhassador.

Responsa prudentum
Civil law. Opinions given by Roman lawyers. Before the time of Augustus, every lawyer was authorized de jure, to answer questions put to him, and all such answers, response prudentum had equal authority, which had not the force of law, but the opinion of a lawyer. Augustus was the first prince who gave to certain distinguished jurisconsults the particular privi-lege of answering in his name; and from that period their answers required greater authority. Adrian determined in a more precise manner the degree of authority which these answers should have, by enacting that the opinions of such authorized jurisconsults, when unanimously given, should have the force of law (legis vicenz,) and should be followed by the judges; and that when they were divided, the judge was allowed to adopt that which to him appeared the most equitable.

Responsalis
Old English law. One who appeared for another in court.

Response
The formal document filed by the defendant (respondent) to answer the complaint or summons.

Responsibility
The obligation to answer for an act done, and to repair any injury it may have caused



PREVIOUS AND NEXT TERMS
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Resolutory condition
On which has for its object, when accomplished, the revocation of the principal obligation;

Resort
The authority or jurisdiction of a court. The supreme court of the United States is a court of the last resort.

Respectable witness
One who is competent to testify in a court of justice. To pass lands in Alabama, a will must be attested by three or more respectable witnesses

Respiration
Med. jur. Breathing, which consists of the drawing into, inhaling, or more technically, inspiring, atmospheric air into the lungs, and then: forcing out, expelling, or technically expiring, from the lungs the air therein.

Respite
1) Contracts, civil law. An act by which a debtor who is unable to satisfy his debts at the moment, transacts with his creditors, and obtains from them time or delay for the payment of the sums which he owes to them. 2) Criminal law. A suspension of a sentence, which is to be executed at a future time. It differs from a pardon, which is in abolition of the crime.

Respondeat ouster

Respondeat superior
Literally, "a superior (or master) must answer." The doctrine which holds that employers are responsible for the acts and omissions of their employees and agents, when done within the scope of the employees' duties.

Respondent
Practice. The party who makes an answer to a bill or other proceeding in chancery. In the civil law, this term signifies one who answers or is security for another; a fidejussor

Respondentia
Maritime law. A loan of money on maritime interest, on goods laden on board of a ship, which, in the course of the voyage must, from their nature, be sold or exchanged, upon this condition, that if the goods should be lost in the course of the voyage, by any of the perils enumerated in the contract, the lender shall lose his money; if not, that the borrower shall pay him the sum borrowed, with the interest agreed upon.

Respondentia ("nantissement à la grosse sur facultes")
The hypothecation of the ship's cargo by the master while away from the vessel's home port, as security for a loan to pay for goods or services needed to preserve the ship or complete the voyage. Respondentia, although still secured by a maritime lien in the U.K. and British Commonwealth countries, is obsolete, in view of the emergence of modern means of communications.

Responder immunity
A term used to express the limited immunity from civil liability given to "responders" to an environmental accident whose actions taken or not taken result in worsening the environmental consequences, as long as their conduct was in accord with certain principles and as long as the worsening of the consequences was not due to gross negligence or wilful misconduct.

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This dictionary contains 8526 terms.







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