Juridical Dictionary

This dictionary contains:
8526
juridical terms

Substitution






Substitution

1) Civil law. In the law of devises, it is the putting of one person in the place of another, so that he may, in default of ability in the former, or after him, have the benefit of a devise or legacy. 2) Chancery practice. This takes place in a case where a creditor has a lien on two different parcels of land, and another creditor has a subsequent lien on one only of the parcels, and the prior creditor elects to have his whole demand out of the parcel of land on which the subsequent creditor takes his lien; the latter is entitled, by way of substitution, to have the prior lien assigned to him for his benefit.

RELATED TERMS
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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.

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.

Person
This word is applied to men, women and children, who are called natural persons.

Place
Pleading, evidence. A particular portion of space; locality.

May
To be permited; to be at liberty; to have the power.

Default
"1) The neglect to perform a legal obligation or duty; but in technical language by default is often understood the non-appearance of the defendant within the time prescribed by law, to defend himself; it also signifies the non-appearance of the plaintiff to prosecute his claim. 2) Contracts, torts. It is enacted that ""no action shall be brought to charge the defendant upon any special promise to answer for the debt, default, or miscarriage of another person, unless the agreement"", ""shall be in writing,"" By default under this statute is understood the non-performance of duty, though the same be not founded on a contract.

Benefit
This word is used in the same sense as gain and profits.

Devise
The transfer or conveyance of real property by will.

Legacy
A bequest or gift of goods or chattels by testament. This word, though properly applicable to bequests of personal estate only, has nevertheless been extended to property not technically within its import, in order to effectuate the intention of the testator, so as to include real property and annuities.

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.

Case
1) Practice. A contested question before a court of justicea suit or action a cause. 2) An agreement in writing, between a plaintiff and defendant, that the facts in dispute between them are as there agreed upon and mentioned

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.

Lien
Contracts. In its most extensive signification, this term includes every case in which real or personal property is charged with the payment of any debt or duty; every such charge being denominated a lien on the property. In a more limited sense it is defined to be a right of detaining the property of another until some claim be satisfied.

Demand
Contracts. A claim; a legal obligation.

Parcel
Estates. Apart of the estate.

Substitution
1) Civil law. In the law of devises, it is the putting of one person in the place of another, so that he may, in default of ability in the former, or after him, have the benefit of a devise or legacy. 2) Chancery practice. This takes place in a case where a creditor has a lien on two different parcels of land, and another creditor has a subsequent lien on one only of the parcels, and the prior creditor elects to have his whole demand out of the parcel of land on which the subsequent creditor takes his lien; the latter is entitled, by way of substitution, to have the prior lien assigned to him for his benefit.



SIMILAR TERMS
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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.

Subscribing witness
One who subscribes his name to a writing in order to be able at a future time to prove its due execution; an attesting witness.

Subscription
Contracts. The placing a signature at the bottom of a written or printed engagement; or it is the attestation of a witness by so writing his name; but it has been holden that the attestation of an illiterate witness, by making his mark, is a sufficient subscription.

Subscription list
The names of persons who have agreed to take a newspaper, magazine or other publication, placed upon paper, is a subscription list.

Subsidiary company
A company controlled by another company.

Subsidiary rights
These include rights to reproduce the work after the initial publication, such as second serial rights, syndication rights, electronic rights (e-rights) in digital format such as online, database, CD ROM rights, and translation rights. It's increasingly common for the e-publication to be the first outlet for a published work.

Subsidy
English law. An aid, tax or tribute granted by parliament to the king for the urgent occasions of the kingdom, to be levied on every subject of ability, according to the value of his lands or goods.

Substance
Evidence. That which is essential; it is used in opposition to form.

Substance-procedure dichotomy
It has been the traditional and accepted view that matters that were deemed substantive were subject to their own proper law, even if it was a foreign law. On the other hand, matters that were deemed to be procedural were to be subject to the law of the forum (the lex fori). The substance/procedure dichotomy is difficult to put into practice, while many exceptions and exceptions to exceptions were introduced into it over the years. In addition, in common law jurisdictions in particular, matters of "procedure" came to include various ancillary matters which were really "substantive" in character, or which are better understood as having their own "proper law".

Substantive criminal law
Law with the purpose of prevention of harm to society which prescribed punishment for specific offenses. The basic law of rights and duties as opposed to "remedial law" which provides methods of enforcement.

Substantive law
The statutory or written law that governs rights and obligations of those who are subject to it.

Substitute
Contracts. One placed under another to transact business for him; in letters of attorney, power is generally given to the attorney to nominate and appoint a substitute.

Substitutes
Scotch law. Where an estate is settled on a long series of heirs, substituted one after another, in tailzie, the person first called in the tailzies, is the institute; the rest, the beirs of tailzie; or the substitutes.

Substraction
French law. The act of taking something fraudulently; it is generally applied to the taking of the goods of the estate of a deceased person fraudulently.



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Substance-procedure dichotomy
It has been the traditional and accepted view that matters that were deemed substantive were subject to their own proper law, even if it was a foreign law. On the other hand, matters that were deemed to be procedural were to be subject to the law of the forum (the lex fori). The substance/procedure dichotomy is difficult to put into practice, while many exceptions and exceptions to exceptions were introduced into it over the years. In addition, in common law jurisdictions in particular, matters of "procedure" came to include various ancillary matters which were really "substantive" in character, or which are better understood as having their own "proper law".

Substantive criminal law
Law with the purpose of prevention of harm to society which prescribed punishment for specific offenses. The basic law of rights and duties as opposed to "remedial law" which provides methods of enforcement.

Substantive law
The statutory or written law that governs rights and obligations of those who are subject to it.

Substitute
Contracts. One placed under another to transact business for him; in letters of attorney, power is generally given to the attorney to nominate and appoint a substitute.

Substitutes
Scotch law. Where an estate is settled on a long series of heirs, substituted one after another, in tailzie, the person first called in the tailzies, is the institute; the rest, the beirs of tailzie; or the substitutes.

Substitution

Substraction
French law. The act of taking something fraudulently; it is generally applied to the taking of the goods of the estate of a deceased person fraudulently.

Sub-tenant
The same as under-tenant.

Subterfuge
Masking the true nature or reason for an action.

Subtraction
The act of withhold ing or detaining anything unlawfully.

Subtraction of conjugal rights


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This dictionary contains 8526 terms.