|
 |
||
 |
| This dictionary contains: 8526 juridical terms |
 |
Subpoena
|
|
Subpoena1) Practice, evidence. A process to cause a witness to appear and give testimony, commanding him to lay aside all pretences and excuses, and appear before a court or magistrate therein named, at a time therein mentioned, to testify for the party named, under a penalty therein mentioned. This is usually called a subpoena ad testificandum. 2) Chancery practice. A mandatory writ or process, directed to and requiring one or more persons to appear at a time to come, and answer the matters charged against him or them; the writ of subpoena was originally a process in the courts of common law, to enforce the attendance of a witness to give evidence; but this writ was used in the court of chancery for the game purpose as a citation in the courts of civil and canon law, to compel the appearance of a defendant, and to oblige him to answer upon oath the allegations of the plaintiff.
RELATED TERMS--------------------------------------
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.
Evidence
Proof of fact(s) presented at a trial. The best and most common method is by oral testimony; where you have an eye-witness swear to tell the truth and to then relate to the court (or jury) their experience. Evidence is essential in convincing the judge or jury of your facts as the judge (or jury) is expected to start off with a blank slate; no preconceived idea or knowledge of the facts. So it is up to the opposing parties to prove (by providing evidence), to the satisfaction of the court (or jury), the facts needed to support their case. Besides oral testimony, an object can be deposited with the court (eg. a signed contract). This is sometimes called "real evidence." In other rarer cases, evidence can be circumstantial.
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.
Cause
1) Civil law. It signifies the delivery of the thing, or the accomplishment of the act which is the object of a convention. 2) It is the consideration or motive for making a contract. 3) Pleading. The reason; the motive. 4) Practice. A contested question before a court of justice; it is a Suit or action.
Witness
The regular definition of this word is a person who perceives an event (by seeing, hearing, smelling or other sensory perception). The legal definition refers to the court-supervised recital of that sensory experience, in writing (deposition) or verbally (testimony).
Testimony
Evidence. The statement made by a witness under oath or affirmation
Court
A body in government to which the administration of justice is delegated.
Magistrate
Mun. law. A public civil officer, invested with some part of the legislative, executive, or judicial power given by the constitution. In a narrower sense this term includes only inferior judicial officers, as justices of the peace.
Time
Contracts, evidence, practice. The measure of duration., It is divided into years, months. days, hours, minutes, and seconds. It is also divided into day and night. 2) Pleading. The avertment of time is generally necessary in pleading; the rules are different, in different actions.
Testify
To testify. To give evidence according to law; the examination of a witness who declares his knowledge of facts.
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.
Penalty
Contracts. A clause in an agreement, by which the obligor agrees to pay a certain-sum of money, if he shall fail to fulfil the contract contained in another clause of the same agreement.
Subpoena
1) Practice, evidence. A process to cause a witness to appear and give testimony, commanding him to lay aside all pretences and excuses, and appear before a court or magistrate therein named, at a time therein mentioned, to testify for the party named, under a penalty therein mentioned. This is usually called a subpoena ad testificandum. 2) Chancery practice. A mandatory writ or process, directed to and requiring one or more persons to appear at a time to come, and answer the matters charged against him or them; the writ of subpoena was originally a process in the courts of common law, to enforce the attendance of a witness to give evidence; but this writ was used in the court of chancery for the game purpose as a citation in the courts of civil and canon law, to compel the appearance of a defendant, and to oblige him to answer upon oath the allegations of the plaintiff.
Writ
An official court document, signed by a judge or bearing an official court seal, which commands the person to whom it is addressed, to do something specific. That "person" is typically either a sheriff (who may be instructed to seize property, for example) or a defendant (for whom the writ is the first notice of formal legal action. In these cases, the writ would command the person to answer the charges laid out in the suit, or else judgment may be made against them in their absence).
Answer
Practice. The declaration of a fact by a witness after a question has been put asking for it.
Common
marriage law. a marriage in which no formal ceremony took place and no license exists.
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.
Game
Birds and beasts of a wild-nature, obtained by fowling and hunting. Animals; Ferae natural
Citation
Practice. A writ issued out of a court of competent, jurisdiction, commanding a person therein named to appear and do something therein mentioned, or to show cause why he should not, on a day named.
Civil
1) It is used in contradistinction to barbarous or savage, to indicate a state of society reduced to order and regular government; thus we speak of civil life, civil society, civil government, and civil liberty. 2) It is sometimes used in contradistinction to criminal, to indicate the private rights and remedies of men, as members of the community, in contrast to those which are public and relate to the government; thus we speak of civil process and criminal process, civil jurisdiction and criminal jurisdiction.
Canon
Canon means a rule or particularily a body of rules or principles generally established as valid and fundamental in a certain field, here referred to the law field.
Appearance
The act of showing up in court as either plaintiff, defendant, accused or any other party to a civil or criminal suit. It implies that you accept the power of the court to try the matter (i.e. "jurisdiction"). Appearances are most often made by lawyers on their clients behalf and any appearance by a lawyer binds the client. You can make a limited appearance called a "special appearance" in which your presence is not to imply acceptance of the court's jurisdiction but, rather, to challenge the jurisdiction of the court. An example of the usefulness of a "special appearance" would be where you want to raise the fact that you were never properly served with the court papers.
Defendant
A party who is sued in a personal action.
Oath
A declaration made according to law, before a competent tribunal or officer, to tell the truth; or it is the act of one who, when lawfully required to tell the truth, takes God to witness that what he says is true. It is a religious act by which the party invokes God not only to witness the truth and sincerity of his promise, but also to avenge his imposture or violated faith, or in other words to punish his perjury if he shall be guilty of it.
Allegations
The claims that are made against the other spouse in the lawsuit (action).
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.
SIMILAR TERMS--------------------------------------
Subpoena duces tecum
Practice. A writ or process of the same kind as the subpoena ad testificandum, including a clause requiring the witness to bring with him and produce to the court, books, papers, &c., in his hands, tending to elucidate the matter in issue.
PREVIOUS AND NEXT TERMS--------------------------------------
Submission
1) A yielding to authority. A citizen is bound to submit to the laws; a child to his parents; a servant to his master. A victor may enforce, the submission of his enemy. 2) Contracts. An agreement by which persons who have a law-suit or difference with one another, name arbitrators to decide the matter, and bind themselves reciprocally to perform what shall be arbitrated.
Subnotations
Civil law. The answers of the prince to questions which had been put to him respecting some obscure or doubtful point of law.
Suboffices
Offices found in some Districts that serve a portion of the District’s jurisdiction. A Suboffice, headed by an Officer-in-Charge, provides many services and enforcement functions. Their locations are determined, in part, to increase convenience to INS’ customers.
Suborn
The act of Bribery.
Subornation of perjury
Criminal lawThe procuring another to commit legal perjury, who in consequence of the persuasion takes the oath to which be has been incited.
Subpoena
Subpoena duces tecum
Practice. A writ or process of the same kind as the subpoena ad testificandum, including a clause requiring the witness to bring with him and produce to the court, books, papers, &c., in his hands, tending to elucidate the matter in issue.
Subrejoinder
Pleading. The plaintiff's answer to the defendant's rejoinder. It is governed in every respect by the same rules as the replication.
Subreption
French law. By this word is understood the fraud committed to obtain a pardon, title, or grant, by alleging facts contrary to truth.
Subrogation
Civil law, contracts. The act of putting by a transfer, a person in the place of another, or a thing in the place of another thing. It is the substitution of a new for an old creditor, and the succession to his rights, which is called subrogation; transfusio unius creditoris in alium. It is precisely the reverse of delegation.
Subscribers
The first subscribers are those who sign the Memorandum and Articles of Association submitted to the Companies Registry to incorporate a company and agree to subscribe for shares in the company. On incorporation they become the first shareholders. Otherwise subscribers are persons who apply to a company for new shares to be issued to them and pay the subscription price.
RELATED TERMS--------------------------------------
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.
Evidence
Proof of fact(s) presented at a trial. The best and most common method is by oral testimony; where you have an eye-witness swear to tell the truth and to then relate to the court (or jury) their experience. Evidence is essential in convincing the judge or jury of your facts as the judge (or jury) is expected to start off with a blank slate; no preconceived idea or knowledge of the facts. So it is up to the opposing parties to prove (by providing evidence), to the satisfaction of the court (or jury), the facts needed to support their case. Besides oral testimony, an object can be deposited with the court (eg. a signed contract). This is sometimes called "real evidence." In other rarer cases, evidence can be circumstantial.
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.
Cause
1) Civil law. It signifies the delivery of the thing, or the accomplishment of the act which is the object of a convention. 2) It is the consideration or motive for making a contract. 3) Pleading. The reason; the motive. 4) Practice. A contested question before a court of justice; it is a Suit or action.
Witness
The regular definition of this word is a person who perceives an event (by seeing, hearing, smelling or other sensory perception). The legal definition refers to the court-supervised recital of that sensory experience, in writing (deposition) or verbally (testimony).
Testimony
Evidence. The statement made by a witness under oath or affirmation
Court
A body in government to which the administration of justice is delegated.
Magistrate
Mun. law. A public civil officer, invested with some part of the legislative, executive, or judicial power given by the constitution. In a narrower sense this term includes only inferior judicial officers, as justices of the peace.
Time
Contracts, evidence, practice. The measure of duration., It is divided into years, months. days, hours, minutes, and seconds. It is also divided into day and night. 2) Pleading. The avertment of time is generally necessary in pleading; the rules are different, in different actions.
Testify
To testify. To give evidence according to law; the examination of a witness who declares his knowledge of facts.
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.
Penalty
Contracts. A clause in an agreement, by which the obligor agrees to pay a certain-sum of money, if he shall fail to fulfil the contract contained in another clause of the same agreement.
Subpoena
1) Practice, evidence. A process to cause a witness to appear and give testimony, commanding him to lay aside all pretences and excuses, and appear before a court or magistrate therein named, at a time therein mentioned, to testify for the party named, under a penalty therein mentioned. This is usually called a subpoena ad testificandum. 2) Chancery practice. A mandatory writ or process, directed to and requiring one or more persons to appear at a time to come, and answer the matters charged against him or them; the writ of subpoena was originally a process in the courts of common law, to enforce the attendance of a witness to give evidence; but this writ was used in the court of chancery for the game purpose as a citation in the courts of civil and canon law, to compel the appearance of a defendant, and to oblige him to answer upon oath the allegations of the plaintiff.
Writ
An official court document, signed by a judge or bearing an official court seal, which commands the person to whom it is addressed, to do something specific. That "person" is typically either a sheriff (who may be instructed to seize property, for example) or a defendant (for whom the writ is the first notice of formal legal action. In these cases, the writ would command the person to answer the charges laid out in the suit, or else judgment may be made against them in their absence).
Answer
Practice. The declaration of a fact by a witness after a question has been put asking for it.
Common
marriage law. a marriage in which no formal ceremony took place and no license exists.
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.
Game
Birds and beasts of a wild-nature, obtained by fowling and hunting. Animals; Ferae natural
Citation
Practice. A writ issued out of a court of competent, jurisdiction, commanding a person therein named to appear and do something therein mentioned, or to show cause why he should not, on a day named.
Civil
1) It is used in contradistinction to barbarous or savage, to indicate a state of society reduced to order and regular government; thus we speak of civil life, civil society, civil government, and civil liberty. 2) It is sometimes used in contradistinction to criminal, to indicate the private rights and remedies of men, as members of the community, in contrast to those which are public and relate to the government; thus we speak of civil process and criminal process, civil jurisdiction and criminal jurisdiction.
Canon
Canon means a rule or particularily a body of rules or principles generally established as valid and fundamental in a certain field, here referred to the law field.
Appearance
The act of showing up in court as either plaintiff, defendant, accused or any other party to a civil or criminal suit. It implies that you accept the power of the court to try the matter (i.e. "jurisdiction"). Appearances are most often made by lawyers on their clients behalf and any appearance by a lawyer binds the client. You can make a limited appearance called a "special appearance" in which your presence is not to imply acceptance of the court's jurisdiction but, rather, to challenge the jurisdiction of the court. An example of the usefulness of a "special appearance" would be where you want to raise the fact that you were never properly served with the court papers.
Defendant
A party who is sued in a personal action.
Oath
A declaration made according to law, before a competent tribunal or officer, to tell the truth; or it is the act of one who, when lawfully required to tell the truth, takes God to witness that what he says is true. It is a religious act by which the party invokes God not only to witness the truth and sincerity of his promise, but also to avenge his imposture or violated faith, or in other words to punish his perjury if he shall be guilty of it.
Allegations
The claims that are made against the other spouse in the lawsuit (action).
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.
SIMILAR TERMS--------------------------------------
Subpoena duces tecum
Practice. A writ or process of the same kind as the subpoena ad testificandum, including a clause requiring the witness to bring with him and produce to the court, books, papers, &c., in his hands, tending to elucidate the matter in issue.
PREVIOUS AND NEXT TERMS--------------------------------------
Submission
1) A yielding to authority. A citizen is bound to submit to the laws; a child to his parents; a servant to his master. A victor may enforce, the submission of his enemy. 2) Contracts. An agreement by which persons who have a law-suit or difference with one another, name arbitrators to decide the matter, and bind themselves reciprocally to perform what shall be arbitrated.
Subnotations
Civil law. The answers of the prince to questions which had been put to him respecting some obscure or doubtful point of law.
Suboffices
Offices found in some Districts that serve a portion of the District’s jurisdiction. A Suboffice, headed by an Officer-in-Charge, provides many services and enforcement functions. Their locations are determined, in part, to increase convenience to INS’ customers.
Suborn
The act of Bribery.
Subornation of perjury
Criminal lawThe procuring another to commit legal perjury, who in consequence of the persuasion takes the oath to which be has been incited.
Subpoena
Subpoena duces tecum
Practice. A writ or process of the same kind as the subpoena ad testificandum, including a clause requiring the witness to bring with him and produce to the court, books, papers, &c., in his hands, tending to elucidate the matter in issue.
Subrejoinder
Pleading. The plaintiff's answer to the defendant's rejoinder. It is governed in every respect by the same rules as the replication.
Subreption
French law. By this word is understood the fraud committed to obtain a pardon, title, or grant, by alleging facts contrary to truth.
Subrogation
Civil law, contracts. The act of putting by a transfer, a person in the place of another, or a thing in the place of another thing. It is the substitution of a new for an old creditor, and the succession to his rights, which is called subrogation; transfusio unius creditoris in alium. It is precisely the reverse of delegation.
Subscribers
The first subscribers are those who sign the Memorandum and Articles of Association submitted to the Companies Registry to incorporate a company and agree to subscribe for shares in the company. On incorporation they become the first shareholders. Otherwise subscribers are persons who apply to a company for new shares to be issued to them and pay the subscription price.
We thank you for using the Juridical Dictionary to search for Subpoena. If you have a better definition for Subpoena than the one presented here, please let us know by making use of the suggest a term option. This definition of Subpoena may be disputed by other professionals. Our attempt is to provide easy definitions on Subpoena and any other medical topic for the public at large.
This dictionary contains 8526 terms.
|
|