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Statement
StatementPleading and in practice. In the courts of Pennsylvania, by the act to regulate arbitrations and proceedings in courts of justice, is enacted, "that in all cases where a suit may be brought in any court of record for the recovery of any debt founded on a verbal promise, book account, note, bond, penal or single bill, or all or any of them, and which from the amount thereof may not be cognizable before a justice of the peace, it shall be the duty of the plaintiff, either by himself, his agent or attorney, to file in the office of the pro-thonotary a statement of his, her or their demand, on or before the third day of the term to which the process issued is returnable, particularly specifying the date of the promise, book account, note, bond, penal or single bill or all or any of them, on which the demand is founded, and the whole amount which he, she, or they believe is justly due to him, her or them from the defendant." RELATED TERMS-------------------------------------- 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. Practice The form, manner and order of conducting and carrying on suits or prosecutions in the courts through their various stages, according, to the principles of law, and the rules laid down by the respective courts. Pennsylvania The name of one of the original states of the United States of America. Pennsylvania was occupied by planters of various nations, Dutch Swedes, English, and others; but obtained no separate name until the year 1681, when Charles II. granted a charter to William Penn, by which he became its proprietary, saving, however, allegiance to the crown, which retained the sovereignty of the country. Justice Fairness. A state of affairs in which conduct or action is both fair and right, given the circumstances. In law, it more specifically refers to the paramount obligation to ensure that all persons are treated fairly. Litigants "seek justice" by asking for compensation for wrongs committed against them; to right the inequity such that, with the compensation, a wrong has been righted and the balance of "good" or "virtue" over "wrong" or "evil" has been corrected. Cases General term for an action, cause, suit, or controversy, at law or in equity; questions contested before a court of justice. Suit An action. The word suit in the 25th section of the judiciary act of 1789, applies to any proceeding in a court of justice, in which the plaintiff pursues, in such court, the remedy which the law affords him. An application for a prohibition is therefore a suit. Court A body in government to which the administration of justice is delegated. Record 1) Evidence. A written memorial made by a public officer authorized by law to perform that function, and intended to serve as evidence of something written, said, or done. 2) To record. The act of making a record. Recovery A recovery, in its most extensive sense, is the restoration of a former right, by the solemn judgment of a Court of justice. Debt Whatever one owes. A sum of money due by certain and express agreement. Verbal Parol; by word of mouth; as verbal agreement; verbal evidence. Not in writing Promise Contracts. An engagement by which the promisor contracts towards another to perform or do something to the advantage of the latter. Book A general name given to every literary composition which is printed; but appropriately to a printed composition bound in a volume. Account Practice. 1) A statement of the receipts and payments of an executor, administrator, or other trustee, of the estate confided to him. 2) An account is also the statement of two merchants or others who have dealt together, showing the debits and credits between them. Note Estates, convention, practice. The fourth part of a fine of lands: it is an abstract of the writ of covenant and concord, and is only a, doequet taken by the chirographer, from which he draws up the indenture. It is sometimes taken in the old books for the concord. Bond A written agreement by which a person insures he will pay a certain sum of money if he does not perform certain duties property. Penal That which may be punished; that which inflicts a punishment. Single By itself, unconnected. Bill 1) Legislation. An instrument drawn or presented by a member or committee to a legislative body for its approbation and enactment. After it has gone through both houses and received the constitutional sanction of the chief magistrate, where such approbation is requisite, it becomes a law. 2) Merchant law. An account containing the items of goods sold, or of work done by one person against another. 3) Contracts. A bill or obligation, is a deed whereby the obligor acknowledges himself to owe unto the obligee a certain sum of money or some other thing, in which, besides the names of the parties, are to be considered the sum or thing due, the time, place, and manner of payment or delivery thereof. It may be indented, or poll, and with or without a penalty. Peace The tranquillity enjoyed by a political society, internally, by the good order which reigns among its members, and externally, by the good understanding it has with all other nations. Applied to the internal regulations of a nation, peace imports, in a technical sense, not merely a state of repose and security, as opposed to one of violence and warfare, but likewise a state of public order and decorum. 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. Agent An agent is a person who is authorised to carry out activities on behalf of his principal and to enter into commitments by which the principal will be bound. The term usually refers to a businessman who finds business for you and takes a commission. Attorney A graduate of an accredited law school and member in good standing of the Bar Association. Only attorneys can give legal advice. File To personally deliver a document to a clerk of a court so that the document can be included in the official records of a case. Office An office is a right to exercise a public function or employment, and to take the fees and emoluments belonging to it Statement Pleading and in practice. In the courts of Pennsylvania, by the act to regulate arbitrations and proceedings in courts of justice, is enacted, "that in all cases where a suit may be brought in any court of record for the recovery of any debt founded on a verbal promise, book account, note, bond, penal or single bill, or all or any of them, and which from the amount thereof may not be cognizable before a justice of the peace, it shall be the duty of the plaintiff, either by himself, his agent or attorney, to file in the office of the pro-thonotary a statement of his, her or their demand, on or before the third day of the term to which the process issued is returnable, particularly specifying the date of the promise, book account, note, bond, penal or single bill or all or any of them, on which the demand is founded, and the whole amount which he, she, or they believe is justly due to him, her or them from the defendant." Demand Contracts. A claim; a legal obligation. Term 1) Construction. Word; expression speech. 2) Contracts. This word is used in the civil, law to denote the space of time granted to the debtor for discharging his obligation; there are express terms resulting from the positive stipulations of the agreement; as, where one undertakes to pay a certain sum on a certain day and also terms which tacitly result from the nature of the things which are the object of the engagement, or from the place where the act is agreed to be done. For instance, if a builder engage to construct a house for me, I must allow a reasonable time for fulfilling his engagement. 3) Estates. The limitation of an estate, as a term for years, for life, and the like. The word term does not merely signify the time specified in the lease, but the estate also and interest that passes by that lease; and therefore the term may expire during the continuance of the time, as by surrender, forfeiture and the like. 4) Practice. The space of time during which a court holds a session; sometimes the term is a monthly, at others it is a quarterly period, according to the constitution of the court. Process 1) Practice. So denominated because it proceeds or issues forth in order to bring the defendant into court, to answer the charge preferred against him, and signifies the writ or judicial means by which he is brought to answer. 2) Rights. The means or method of accomplishing a thing. Date Latin datum, a thing given. The primary signification is time "given" or specified, - in some way ascertained and fixed. In the ancient form the clause ran: datum apud, etc., specifying the place and time; thence called the datum clause, afterward shortened to "date". SIMILAR TERMS-------------------------------------- State 1) Government. In its most enlarged sense, it signifies a self-sufficient body of persons united together in one community for the defence of their rights, and to do right and justice to foreigners. In this sense, the state means the whole people united into one body politic; and the state, and the people of the state, are equivalent expressions. 2) Condition of persons. This word has various acceptations. If we inquire into its origin, it will be found to come from the Latin status, which is derived from the verb stare, sto, whence has been made statio, which signifies the place where a person is located, stat, to fulfil the obligations which are imposed upon him. State law In the United States, this concept means a constitution, statute, regulation, rule, common law, or other State action having the force and effect of law (as opposite to federal law). State prison A penitentiary belonging to a US state. State supreme court The highest court of justice in a US state. State, to To make known specifically; to explain particularly; as, to state an account, or to show the different items of an account; to state the cause of action in a declaration. Stateless Having no nationality. States By this name are understood in some countries, the assembly of the different orders of the people to regulate the affairs of the commonwealth, as, the states general. Stating-part of a bill Chancery practice. That part of a bill which contains a narrative of the facts and circumstances of the plaintiff's case, and the wrong or grievance of which he complains, and the names of the persons by whom done, and against whom he seeks redress, is called the stating part of the bill. Station Civil law. A place where ships may ride in safety. Stationary surveillance Observation of activities of a suspect from one vantage point. Also known as a Stakeout. Statu liberi In Louisiana. Slaves for a time, who have acquired the right of being free at a time to come, or on a condition which is not fulfilled, or in a certain event which has not happened, but who, in the mean time, remain in a state of slavery. Status The condition of persons. It also means estate, because it signifies the condition or circumstances in which the owner stands with regard to his property. Status offenders Youths charged with the status of being beyond the control of their legal guardian or are habitually disobedient, truant from school, or having committed other acts that would not be a crime if committed by an adult, smoking. Also referred to as minors or children in need of supervision. Statute The written will of the legislature, solemnly expressed according to the forms prescribed in the constitution; an act of the legislature. Statute de donis The name of an English statute passed the 13 Edwd. I. Statute law The written will of the legislature, solemnly expressed according to the forms prescribed by the constitution; an act of the legislature. Statute merchant English law. A security entered before the mayor of London, or some chief warden of a city, in pursuance of 13 Ed. 1. stat. 3, c. 1, whereby the lands of the debtor are conveyed to the creditor, till out of the rents and profits of them, his debt may be satisfied. Statute of frauds The name commonly given to the statate, entitled " An act for prevention of frauds and perjuries." This statute has been re-enacted in most. of the states of the Union, generally with omissions, amendments, or alterations. When the words of the statute have been used, the construction put upon them has also been adopted. Most of the acts of the different states will be found in Anthon's Appendix to Shep. Touchst. Statute of gloucester An English statute, so called, because it was passed at Gloucester. There were other statutes made at Gloucester, which do not bear this name. Statute of limitations A statute which limits the right of a plaintiff to file an action unless it is done within a specified time period after the occurrence which gives rise to the right to sue. Statutes staple English law. The statute of the staple, 2, confined the sale of all commodities to be exported to certain towns in England, called estaple or staple, where foreigners might resort. It authorized a security for money, commonly called statute staple, to be taken by traders for the benefit of commerce; the mayor of the place is entitled to take a recognizance of a debt, in proper form, which has the effect to convey the lands of the debtor to the creditor, till out of the rents and profits of them he may be satisfied. Statuti Rom. Civil law. From Constantine to Justinian, advocates, were arranged in two classes: viz. those called Statuti, and the supernumeraries. . The Statute were those advocates whose names were inscribed in the registers of matriculation, and formed a part of the college of advocates. The number of advocates of this class was limited. Statutory Relating to a statute; created or defined by a law. Statutory construction Process by which a court seeks to interpret the meaning and scope of legislation. Statutory employee An employee by action and tax law, but not actually on the payroll. There are potential violations of USA tax and employment benefits laws if independent contractors and consultants are found to be statutory employees instead. Statutory law Laws promulgated by Congress and state legislatures. Statutory lien Statutory lien means lien arising solely by force of a statute on specified circumstances or conditions, or lien of distress for rent, whether or not statutory, but does not include security interest or judicial lien, whether or not such interest or lien is provided by or is dependent on a statute and whether or not such interest or lien is made fully effective by statute. Statutory research Research of legislation enacted by a state or the United States. Statutory right in rem In the U.K. and British Commonwealth countries, a right to arrest a ship in an action in rem as security for a maritime claim, usually in respect of a contract for necessaries (supra) provided to the vessel. Unlike a maritime lien (supra), a statutory right in rem arises only when the writ in rem is issued (as in the U.K.) or when the ship is arrested (as in Canada), rather than when the claim arises, and is expunged by the conventional sale of the ship. It ranks after maritime liens and is sometimes referred to as a "statutory lien". Statutum de judaismo The name of a statute passed in the reign of Edw. I., which enacted severe and absurd penalties against the Jews. PREVIOUS AND NEXT TERMS-------------------------------------- Stare decisis, et non quieta movere Shortened to stare decisis. To stand by precedents and not to disturb that which is settled: to follow decided cases; adhere to precedents. Where there has been a series of decisions by the highest tribunal, the rule stare decisis is regarded as impregnable - except by legislative enactment. Harrow v. Meyers, 29 Ind. 470 (1868); 88 id. 568. Stare in judicio The act of appearing before a tribunal, either as plain-tiff or defendant. State 1) Government. In its most enlarged sense, it signifies a self-sufficient body of persons united together in one community for the defence of their rights, and to do right and justice to foreigners. In this sense, the state means the whole people united into one body politic; and the state, and the people of the state, are equivalent expressions. 2) Condition of persons. This word has various acceptations. If we inquire into its origin, it will be found to come from the Latin status, which is derived from the verb stare, sto, whence has been made statio, which signifies the place where a person is located, stat, to fulfil the obligations which are imposed upon him. State, to To make known specifically; to explain particularly; as, to state an account, or to show the different items of an account; to state the cause of action in a declaration. Stateless Having no nationality. Statement States By this name are understood in some countries, the assembly of the different orders of the people to regulate the affairs of the commonwealth, as, the states general. Stating-part of a bill Chancery practice. That part of a bill which contains a narrative of the facts and circumstances of the plaintiff's case, and the wrong or grievance of which he complains, and the names of the persons by whom done, and against whom he seeks redress, is called the stating part of the bill. Station Civil law. A place where ships may ride in safety. Stationary surveillance Observation of activities of a suspect from one vantage point. Also known as a Stakeout. Statu liberi In Louisiana. Slaves for a time, who have acquired the right of being free at a time to come, or on a condition which is not fulfilled, or in a certain event which has not happened, but who, in the mean time, remain in a state of slavery. We thank you for using the Juridical Dictionary to search for Statement. If you have a better definition for Statement than the one presented here, please let us know by making use of the suggest a term option. This definition of Statement may be disputed by other professionals. 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