Juridical Dictionary

This dictionary contains:
8526
juridical terms

Respondere non debet




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.

RELATED TERMS
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Prayer
Chanc. pleadings. That part of a bill which asks for relief.

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.

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.

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.

Privilege
1) Civil law. A right which the nature of a debt gives to a creditor, and which entitles him to be preferred before other creditors. 2) Maritime law. An allowance to the master of a ship of the general nature with primage, being compensation or rather a gratuity customary in certain trades, and which the law assumes to be a fair and equitable allowance, because the contract on both sides is made under the knowledge such usage by the parties. 3) Rights. This word, taken its active sense, is a particular law, or a particular disposition of the law, which grants certain special prerogatives to some persons, contrary to common right. In its passive sense, it is the same prerogative granted by the same particular law.

Example
An example is a case put to illustrate a. principle.

Member
This word has various significations:1)The limits of the body use- ful in self-defence. Membrum est pars corporis habens destinatum operationem in corpore. 2) An individual who belongs to a firm, partnership, company or corporation. 3) One who belongs to a legislative body, or other branch of the government; as, a member of the house of representatives; a member of the court.

Congress
Med. juris. This name was anciently given in France, England, and other countries, to the-indecent intercourse between married persons, in the presence of witnesses appointed by the courts, in cases when the husband or wife was charged by the other with impotence.

Foreign
That which belongs to another country; that which is strange.



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 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.

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.

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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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

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

Rest
A party is said to "rest" or "rest its case" when it has presented all the evidence it intends to offer.

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This dictionary contains 8526 terms.







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