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| This dictionary contains: 8526 juridical terms |
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Riens passa par le fait
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Riens passa par le faitThe name of a plea; it signifies that nothing pass-ed by the deed; for example, when a deed is acknowledged in court, a man cannot plead non est factum, because the act was done in court, which cannot be denied; but when the deed has been acknowledged in a court not having jurisdiction, the party may avoid the effect or operation of the deed by pleading riens passa par le fait, for this plea does not impeach the court where it was acknowledged.
RELATED TERMS--------------------------------------
Name
One or more words used to distinguish a particular individual, as Socrates, Benjamin Franklin.
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.
Deed
Only in relatively rare circumstances is a deed required to complete a transaction. In a commercial situation the most common use is where a variation or concession is made without the other party giving anything in return. A deed is enforceable regardless of the legal requirements for contracts such as the need for consideration. Where a deed is necessary, there are special requirements for a company wishing to enter into such an arrangement which may either involve use of the company or the signature of two directors or a director and a company secretary.
Example
An example is a case put to illustrate a. principle.
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.
Court
A body in government to which the administration of justice is delegated.
Plead
To plead. The formal entry of the defendant's defence on the record. In a popular sense, it signifies the argument in a cause, but it is not so used by the profession.
Factum
1) A deed. a man's own act and deed. When a man denies by his plea that he made a deed on which he is sued, be pleads non estfactum. 2)French law. A memoir which contains summarily the fact on which a contest has happened, the means on which a party founds his pretensions, with the refutation of the means of the adverse party.
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.
Party
Practice, contracts. When applied to practice, by party is understood either the plaintiff or defendant. In contracts, a party is one or more persons who engage to perform or receive the performance of some agreement.
Avoid
To make empty, put out of the way. To cause to be or become empty; to render useless or void; to make inoperative or of no effect; to nullify. As oppossed to: affirm, confirm.
Effect
The operation of a law, of an agreement, or an act, is called its effect.
Pleading
Practice. The statement in a logical, and legal form, of the facts which constitute the plaintiff's cause of action, or the defendant's ground of defence; it is the formal mode of alleging that on the record, which would be the support, or the defence of the party in evidence.
Fait
Conveyancing. A deed lawfully executed.
Impeach
In Testimony, to catch the person in a lie or contradiction of fact.
SIMILAR TERMS--------------------------------------
Rien
This is a French word which signifies nothing. It has generally this meaning; as, rien in arrere; rien passe per le fait, nothing passes by the deed; rien per descent, nothing by descent; it sometimes signifies not, as rien culpable, not guilty.
Rien en arrere
Pleading. Nothing in arrear; nothing remaining due and unpaid.
PREVIOUS AND NEXT TERMS--------------------------------------
Ribaud
A rogue; a vagrant. It is not used.
Rider
Practice, legislation. A schedule or small piece of paper or parchment added to some part of the record; as, when, on the reading of a bill in the legislature, a new clause is added, this is tacked to the bill on a separate piece of paper, and is called a rider.
Riding
English law. An ascertained district, part of a county. This term has the same meaning in Yorkshire which division has in Lincolnshire
Rien
This is a French word which signifies nothing. It has generally this meaning; as, rien in arrere; rien passe per le fait, nothing passes by the deed; rien per descent, nothing by descent; it sometimes signifies not, as rien culpable, not guilty.
Rien en arrere
Pleading. Nothing in arrear; nothing remaining due and unpaid.
Riens passa par le fait
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.
Right of discussion
Scottish law. The right which the cautioner (surety) has to insist that the creditor shall do his best to compel the performance of the contract by the principal debtor, before he shall be called upon.
Right of division
Scottish law. The right which each of several cautioners (sureties) has to refuse to answer for more than his own share of the debt. To entitle the cautioner to this right, the other cautioners must be solvent, and there must be no words in the bond to exclude it.
Right of first refusal
A right given to a person to be the first person allowed to purchase a certain object if it is ever offered for sale. The owner of this right is the first to be offered the designated object if it is ever to be offered for sale.
Right of habitation
By this term, in Louisiana, is understood the right of dwelling gratuitously in a house, the property of another.
RELATED TERMS--------------------------------------
Name
One or more words used to distinguish a particular individual, as Socrates, Benjamin Franklin.
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.
Deed
Only in relatively rare circumstances is a deed required to complete a transaction. In a commercial situation the most common use is where a variation or concession is made without the other party giving anything in return. A deed is enforceable regardless of the legal requirements for contracts such as the need for consideration. Where a deed is necessary, there are special requirements for a company wishing to enter into such an arrangement which may either involve use of the company or the signature of two directors or a director and a company secretary.
Example
An example is a case put to illustrate a. principle.
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.
Court
A body in government to which the administration of justice is delegated.
Plead
To plead. The formal entry of the defendant's defence on the record. In a popular sense, it signifies the argument in a cause, but it is not so used by the profession.
Factum
1) A deed. a man's own act and deed. When a man denies by his plea that he made a deed on which he is sued, be pleads non estfactum. 2)French law. A memoir which contains summarily the fact on which a contest has happened, the means on which a party founds his pretensions, with the refutation of the means of the adverse party.
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.
Party
Practice, contracts. When applied to practice, by party is understood either the plaintiff or defendant. In contracts, a party is one or more persons who engage to perform or receive the performance of some agreement.
Avoid
To make empty, put out of the way. To cause to be or become empty; to render useless or void; to make inoperative or of no effect; to nullify. As oppossed to: affirm, confirm.
Effect
The operation of a law, of an agreement, or an act, is called its effect.
Pleading
Practice. The statement in a logical, and legal form, of the facts which constitute the plaintiff's cause of action, or the defendant's ground of defence; it is the formal mode of alleging that on the record, which would be the support, or the defence of the party in evidence.
Fait
Conveyancing. A deed lawfully executed.
Impeach
In Testimony, to catch the person in a lie or contradiction of fact.
SIMILAR TERMS--------------------------------------
Rien
This is a French word which signifies nothing. It has generally this meaning; as, rien in arrere; rien passe per le fait, nothing passes by the deed; rien per descent, nothing by descent; it sometimes signifies not, as rien culpable, not guilty.
Rien en arrere
Pleading. Nothing in arrear; nothing remaining due and unpaid.
PREVIOUS AND NEXT TERMS--------------------------------------
Ribaud
A rogue; a vagrant. It is not used.
Rider
Practice, legislation. A schedule or small piece of paper or parchment added to some part of the record; as, when, on the reading of a bill in the legislature, a new clause is added, this is tacked to the bill on a separate piece of paper, and is called a rider.
Riding
English law. An ascertained district, part of a county. This term has the same meaning in Yorkshire which division has in Lincolnshire
Rien
This is a French word which signifies nothing. It has generally this meaning; as, rien in arrere; rien passe per le fait, nothing passes by the deed; rien per descent, nothing by descent; it sometimes signifies not, as rien culpable, not guilty.
Rien en arrere
Pleading. Nothing in arrear; nothing remaining due and unpaid.
Riens passa par le fait
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.
Right of discussion
Scottish law. The right which the cautioner (surety) has to insist that the creditor shall do his best to compel the performance of the contract by the principal debtor, before he shall be called upon.
Right of division
Scottish law. The right which each of several cautioners (sureties) has to refuse to answer for more than his own share of the debt. To entitle the cautioner to this right, the other cautioners must be solvent, and there must be no words in the bond to exclude it.
Right of first refusal
A right given to a person to be the first person allowed to purchase a certain object if it is ever offered for sale. The owner of this right is the first to be offered the designated object if it is ever to be offered for sale.
Right of habitation
By this term, in Louisiana, is understood the right of dwelling gratuitously in a house, the property of another.
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This dictionary contains 8526 terms.
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