Juridical Dictionary

This dictionary contains:
8526
juridical terms

Secondary authority




Secondary authority

Legal encyclopedias, treatises, legal texts, law review articles, and citators. Writings which set forth the opinion of the writer as to the law.

RELATED TERMS
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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.

Review
Practice. A second examination of a matter. For example, by the laws of Pennsylvania, the courts having jurisdiction of the subject may grant an order for a view of a proposed road; the viewers make a report, which when confirmed by the court would authorize the laying out of the same. After this, by statutory provision, the parties may apply for a review, or second examination; and the last viewers may make a different report. For the practice of reviews in chancery, the reader is referred to Bill of Review, and the cases there cited.

Articles
1) A division in some books. In agreements and other writings, for the sake of perspicuity, the subjects are divided into parts, paragraphs, or articles. 2) Ecclesiastical law. A complaint in the form of a libel, ex hibited to an ecclesiastical court.

Citators
A set of books which provides the subsequent history of reported decisions through a form of abbreviations or words.

Opinion
1) Practice. A declaration by a counsel to his client of what the law is, according to his judgment, on a statement of facts submitted to him. The paper upon which an opinion is written is, by a figure of speech, also called an opinion. 2) Evidence. An inference made, or conclusion drawn, by a witness from facts known to him. 3) Judgment. A collection of reasons delivered by a judge for giving the judgment he is about to pronounce the judgment itself is sometimes called an opinion.

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.



SIMILAR TERMS
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Second
A measure equal to one sixtieth part of a minute.

Second deliverance
Practice. The name of a writ given by statute of Westminster the second, founded on the record of a former action of replevin.It commands the sheriff, if the plaintiff make him secure of prosecuting his claim, and returning the chattels which were adjudged to the defendant by reason of the plaintiff's default, to make deliver-ance. On being nonsuited, the plaintiff in replevin might, at common law, have brought another replevin, and so in infinitum, to the intolerable vexation of the defendant.

Second mortgage
A second mortgage is another loan secured by the property much like a first mortgage. It is a loan which is subordinate to the first mortgage.

Second surcharge, writ of
The name of a writ issued in England against a commoner who has a second time surcharged the common.

Secondary
1) Construction. That which comes after the first, which is primary: as, the primary law of, nations the secondary law of nations. 2) English law. An officer who is second or next to the chief officer; as secondaries to the prothonotaries of the courts of king's bench, or common pleas; secondary of the remembrancer in the exchequer.

Secondary evidence
That species of proof which is admissible on the loss of primary evidence, and which becomes, by that event, the best evidence.

Seconds
Criminal law. Those persons who assist, direct and support others engaged in fighting a duel.



PREVIOUS AND NEXT TERMS
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Seck
1) It means a warrant of remedy by distress. 2) It imports want of present fruit or profit, as in the case of the reversion without rent or other service, except fealty.

Second
A measure equal to one sixtieth part of a minute.

Second deliverance
Practice. The name of a writ given by statute of Westminster the second, founded on the record of a former action of replevin.It commands the sheriff, if the plaintiff make him secure of prosecuting his claim, and returning the chattels which were adjudged to the defendant by reason of the plaintiff's default, to make deliver-ance. On being nonsuited, the plaintiff in replevin might, at common law, have brought another replevin, and so in infinitum, to the intolerable vexation of the defendant.

Second surcharge, writ of
The name of a writ issued in England against a commoner who has a second time surcharged the common.

Secondary
1) Construction. That which comes after the first, which is primary: as, the primary law of, nations the secondary law of nations. 2) English law. An officer who is second or next to the chief officer; as secondaries to the prothonotaries of the courts of king's bench, or common pleas; secondary of the remembrancer in the exchequer.

Secondary authority

Secondary evidence
That species of proof which is admissible on the loss of primary evidence, and which becomes, by that event, the best evidence.

Seconds
Criminal law. Those persons who assist, direct and support others engaged in fighting a duel.

Secret
That which is not to be revealed. 2) Rights. A knowledge of something which is unknown to orthers, out of which a profit may be made; for example, an invention of a machine, or the discovery of the effect of the combination of certain matters.

Secretary
An officer who, by order of his superior, writes letters and other instruments. He is so called because he is possessed of the secrets of his employer. This term wag used in France in 1343, and in England the term secretary was first applied to the clerks of the king, who being always near his person were called clerks of the secret, and in the reign of Henry VIII. the term secretary of state came into it.

Secretary for the department of war
Government. This officer is appointed by the president. He is required to perform and execute such duties as shall, from time to time, be enjoined on or entrusted to him by the president, agreeably to the constitution, relative to military commissions or to the land forces, or warlike stores of the United States, or to such other matters respecting military affairs as the president shall assign to the department of war or relative to granting of lands to persons entitled thereto for military services rendered to the United States, or relative to Indian affairs.

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This dictionary contains 8526 terms.







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