|
 |
||
 |
| This dictionary contains: 8526 juridical terms |
 |
Surprise
|
|
SurpriseThis term is frequently used in courts of equity and by writers on equity jurisprudence. It signifies the act by which a party who is entering into a contract is taken unawares, by which sudden confusion or perplexity is created, which renders it proper that a court of equity should relieve the party so surprised.
RELATED TERMS--------------------------------------
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.
Equity
A branch of English law which developed hundreds of years ago when litigants would go to the King and complain of harsh or inflexible rules of common law which prevented "justice" from prevailing. For example, strict common law rules would not recognize unjust enrichment, which was a legal relief developed by the equity courts. The typical Court of Equity decision would prevent a person from enforcing a common law court judgment. The kings delegated this special judicial review power over common law court rulings to chancellors. A new branch of law developed known as "equity", with their decisions eventually gaining precedence over those of the common law courts. A whole set of equity law principles were developed based on the predominant "fairness" characteristic of equity such as "equity will not suffer a wrong to be without a remedy" or "he who comes to equity must come with clean hands".
Jurisprudence
Formal study of the principles on which legal rules are based and the means by which judges guide their decision making.
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.
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.
Confusion
The concurrence of two qualities in the same subject, which mutually destroy each other.
Proper
That which is essential, suitable, adapted, and correct.
Court
A body in government to which the administration of justice is delegated.
SIMILAR TERMS--------------------------------------
Surplus
That which is left from a fund which has been appropriated for a particular purpose; the remainder of a thing; the overplus the residue.
Surplusage
Pleading. A superfluous and useless statement of matter wholly foreign and impertinent to the cause. 2) Accounts. A greater dishursement than the charges of the accountant amount to.
PREVIOUS AND NEXT TERMS--------------------------------------
Suretyship
Contracts. An accessory agreement by which a person binds himself for another already bound, either in whole or in part, as for his debt, default or miscarriage.
Surgery
med. jur. That part of the healing art which relates to external diseases; their treatment; and, specially, to the manual operations adopted for their cure.
Surname
A name which is added to the christian name, and which, in modern times, have become family names.
Surplus
That which is left from a fund which has been appropriated for a particular purpose; the remainder of a thing; the overplus the residue.
Surplusage
Pleading. A superfluous and useless statement of matter wholly foreign and impertinent to the cause. 2) Accounts. A greater dishursement than the charges of the accountant amount to.
Surprise
Surrebutal
Evidence the defendant can present to counter rebuttal evidence.
Surrebutter
Pleading. The plaintiff's answer to the defendant's rebutter is governed by the same rules as the replication.
Surrender
Estates, conveyancing. A yielding up of an estate for life or years to him who has an immediate estate in reversion or remainder, by which the lesser estate is merged in the greater by mutual agreement,
Surrender of criminals
The act by which the public authorities deliver a person accused of a crime, and who is found in their, jurisdiction, to the authorities within whose jurisdiction it is alleged the crime has been committed.
Surrenderee
One to whom a surrender has been made.
RELATED TERMS--------------------------------------
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.
Equity
A branch of English law which developed hundreds of years ago when litigants would go to the King and complain of harsh or inflexible rules of common law which prevented "justice" from prevailing. For example, strict common law rules would not recognize unjust enrichment, which was a legal relief developed by the equity courts. The typical Court of Equity decision would prevent a person from enforcing a common law court judgment. The kings delegated this special judicial review power over common law court rulings to chancellors. A new branch of law developed known as "equity", with their decisions eventually gaining precedence over those of the common law courts. A whole set of equity law principles were developed based on the predominant "fairness" characteristic of equity such as "equity will not suffer a wrong to be without a remedy" or "he who comes to equity must come with clean hands".
Jurisprudence
Formal study of the principles on which legal rules are based and the means by which judges guide their decision making.
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.
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.
Confusion
The concurrence of two qualities in the same subject, which mutually destroy each other.
Proper
That which is essential, suitable, adapted, and correct.
Court
A body in government to which the administration of justice is delegated.
SIMILAR TERMS--------------------------------------
Surplus
That which is left from a fund which has been appropriated for a particular purpose; the remainder of a thing; the overplus the residue.
Surplusage
Pleading. A superfluous and useless statement of matter wholly foreign and impertinent to the cause. 2) Accounts. A greater dishursement than the charges of the accountant amount to.
PREVIOUS AND NEXT TERMS--------------------------------------
Suretyship
Contracts. An accessory agreement by which a person binds himself for another already bound, either in whole or in part, as for his debt, default or miscarriage.
Surgery
med. jur. That part of the healing art which relates to external diseases; their treatment; and, specially, to the manual operations adopted for their cure.
Surname
A name which is added to the christian name, and which, in modern times, have become family names.
Surplus
That which is left from a fund which has been appropriated for a particular purpose; the remainder of a thing; the overplus the residue.
Surplusage
Pleading. A superfluous and useless statement of matter wholly foreign and impertinent to the cause. 2) Accounts. A greater dishursement than the charges of the accountant amount to.
Surprise
Surrebutal
Evidence the defendant can present to counter rebuttal evidence.
Surrebutter
Pleading. The plaintiff's answer to the defendant's rebutter is governed by the same rules as the replication.
Surrender
Estates, conveyancing. A yielding up of an estate for life or years to him who has an immediate estate in reversion or remainder, by which the lesser estate is merged in the greater by mutual agreement,
Surrender of criminals
The act by which the public authorities deliver a person accused of a crime, and who is found in their, jurisdiction, to the authorities within whose jurisdiction it is alleged the crime has been committed.
Surrenderee
One to whom a surrender has been made.
We thank you for using the Juridical Dictionary to search for Surprise. If you have a better definition for Surprise than the one presented here, please let us know by making use of the suggest a term option. This definition of Surprise may be disputed by other professionals. Our attempt is to provide easy definitions on Surprise and any other medical topic for the public at large.
This dictionary contains 8526 terms.
|
|