Juridical Dictionary

This dictionary contains:
8526
juridical terms

Right of discussion




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.

RELATED TERMS
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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.

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.

Cautioner
Scotch law, contracts. One who becomes bound as caution or surety for another, for the performance of any obligation or contract contained in a deed.

Creditor
Creditor or obligee. Contracts. The person in favor of whom some obliga- tion is contracted, whether such obligation be to pay money, or to do, or not to do something.

Performance
The act of doing something; the thing done is also called a performance.

Contract
A negotiated oral or written agreement setting forth the terms for an exchange of value between parties (which may be individuals or companies) and under which each party promises to perform an obligation. Certain terms, such as the obligations to be performed and the terms for setting price or compensation must be mutually understood, known in legal lingo as a "meeting of the minds," and promised to by the parties to form a legal contract.

Principal
1) This word has several meanings. It is used in opposition to accessary, to show the degree of crime committed by two persons; thus, we say, the principal is more guilty than the accessary after the fact. 2) Contracts. One who, being competent to contract, and who is sui juris, employs another to do any act for his own benefit, or on his own account. 3) Criminal law. A principal is one who is the actor in the commission of a crime.

Debtor
Debtor or obligor. The person who has engaged to perform some obligation. The word obligor, in its more technical signification, is applied to designate one who makes a bond.



SIMILAR TERMS
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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 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.

Right of relief
Scottish law. The right which the cautioner (surety) has against the principal debtor when he has been forced to pay his debt.

Right of survivorship
The right of joint owners to receive the other's share of property upon the death of the other owner.

Right of way
The right of a party to pass over the land of another.

Right patent
The name of an ancient writ, which Fitzherbert says, "ought to be brought of lands and tenements, and not of an advowson, or of common, and lieth only of an estate of fee simple, and not for him who has a lesser estate, as tenant in tail, tenant in frank marriage, or tenant for life."

Right, writ of
Breve de recto.

Rights of conscience
The constitutional declaration that "no human authority can control or interfere with the rights of conscience" refers to the right to worship the Supreme Being according to the dictates of the heart: to adopt any creed or hold any opinion on the subject of religion; and, for conscience sake, to do, or to forbear to do, any act not prejudicial to the public weal. Commonwealth v. Lesher, 17 S. & R. 160 (1827), Gibson, C.J.

Rights reversion
The return of copyright to an author after the termination of a specified grant of rights, according to the terms of the transfer, or under the Copyright Act.



PREVIOUS AND NEXT TERMS
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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
The 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.

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

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.

Right of relief
Scottish law. The right which the cautioner (surety) has against the principal debtor when he has been forced to pay his debt.

Right of survivorship
The right of joint owners to receive the other's share of property upon the death of the other owner.

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This dictionary contains 8526 terms.







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