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| This dictionary contains: 8526 juridical terms |
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Whereas
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WhereasThis word implies a recital, and in general cannot be used in the direct and positive averment of a fact in a declaration or plea. Those facts which are directly denied by the terms of the general issue, or which may, by the established usage of pleading, be specially traversed, must be averred in positive and direct terms; but facts, however material, which are not directly denied by the terms of the general issue, though liable to be contested under it, and which, according to the usage of pleading, cannot be specially tra-versed, may be alleged in the declaration by way of recital, under a whereas.
RELATED TERMS--------------------------------------
Word
Construction. One or more syllables which when united convey an idea a single part of speech.
Recital
Contracts, pleading. The repetition of some former writing, or the statement of something which has been done.
General
1) A principal officer, particularly in the army. 2) Something opposed to special; as, a general verdict, the general issue, which expressions are used in contradistinction to special verdict, special issue. 3) Principal, as the general post office. 4) Not select, as a general ship. 5) Not particular, as a general custom. 5) Not limited, as general jurisdiction. 7) This word is sometimes annexed or prefixed to other words to express or limit the extent of their signification; as Attorney General, Solicitor General, the General Assembly.
Direct
Straight forward; not collateral.
Positive
Express; absolute; not doubtful. This word is frequently used in composition.
Averment
French averer, to affirm as true: Latin ad, to; verum, truth. A positive statement of the truth of a fact; a formal allegation in pleading.
Fact
An action; a thing done. It is either simple or compound.
Plea
1) Chancery practice. "A plea," says Lord Bacon, speaking of proceedings in courts of equity, "is a foreign matter to discharge or stay the suit." 2) Practice. The defendant's answer by matter of fact, to the plaintiff's declaration.
Issue
1) Kindred. This term is of very extensive import, in its most enlarged signification, and includes all persons who have descended from a common ancestor. But when this word is used in a will, in order to give effect to the testator's intention it will be construed in a more restricted sense than its legal import conveys. 2) Pleading. An issue, in pleading, is defined to be a single, certain and material point issuing out of the allegations of the parties, and consisting, regularly, of an affirmative and negative. In common parlance, issue also signifies the entry of the pleadings.
May
To be permited; to be at liberty; to have the power.
Usage
Long and uniform practice. In its most extensive meaning this term includes custom and prescription, though it differs from them in a narrower sense, it is applied to the habits, modes, and course of dealing which are observed in trade generally, as to all mercantile transactions, or to some particular branches of trade.
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.
Liable
Legally responsible.
Whereas
This word implies a recital, and in general cannot be used in the direct and positive averment of a fact in a declaration or plea. Those facts which are directly denied by the terms of the general issue, or which may, by the established usage of pleading, be specially traversed, must be averred in positive and direct terms; but facts, however material, which are not directly denied by the terms of the general issue, though liable to be contested under it, and which, according to the usage of pleading, cannot be specially tra-versed, may be alleged in the declaration by way of recital, under a whereas.
SIMILAR TERMS--------------------------------------
PREVIOUS AND NEXT TERMS--------------------------------------
Wharfage
The money paid for landing goods upon, or loading them from a wharf.
Wheel
The punishment of the wheel was formerly to put a criminal on a wheel, and then to break his bones until he expired. This barbarous punishment was never used in the United States, and it has been abolished in almost every civilized country.
Whelps
1) The young of certain animals of a base nature, or ferae naturae. 2) It is a rule that when no larceny can be committed of any creatures of a base nature, which are ferae naturae, though tame and reclaimed, it cannot be committed of the young of such creatures in the nest, kennel, or den. 3) The owner of the land is, however, considered to have a qualified property in such animals, ratione impotentia.
When
1) At which time, in wills, standing by itself unqualified and unexplained, this is a word of condition denoting the time at which the gift is to continence. 2) The context of a will may show that the word when is to be applied to the possession only, not to the vesting of a legacy; but to justify this construction, there must be circumstances, or other expressions in the will, showing such to have been the testator's intent.
When and where
These words are used in a plea when full defence is made the form is, "when and were it shall behove him." This acknowledges the jurisdiction of the court.
Whereas
Whipping
1) Punishment. The infliction of stripes.This mode of punishment, which is still practiced in some of the states, is a relict of barbarism; it has yielded in most of the middle and northern states to the penitentiary system 2) The punishment of whipping, so far as the same was provided by the laws of the United States, was abolished by the act of congress of February 28, 1839.
Whistleblowing
The act of an employee revealing suspected fraud (usually involving senior management) to an outside third party.
White persons
The acts of congress which authorize the naturalization of aliens, confine the description of such aliens to free white persons.This of course excludes the African race when pure, but it is not easy to say what shade of color or mixture of blood will make a white person.
White rent
English law. Rents paid in silver, and called white rents or redditus albi, to distinguish them from other rents which were not paid in money.
Whole blood
Being related by both the father and mother's side; this phrase is used in contradistinction to half, blood, which is relation only on one side.
RELATED TERMS--------------------------------------
Word
Construction. One or more syllables which when united convey an idea a single part of speech.
Recital
Contracts, pleading. The repetition of some former writing, or the statement of something which has been done.
General
1) A principal officer, particularly in the army. 2) Something opposed to special; as, a general verdict, the general issue, which expressions are used in contradistinction to special verdict, special issue. 3) Principal, as the general post office. 4) Not select, as a general ship. 5) Not particular, as a general custom. 5) Not limited, as general jurisdiction. 7) This word is sometimes annexed or prefixed to other words to express or limit the extent of their signification; as Attorney General, Solicitor General, the General Assembly.
Direct
Straight forward; not collateral.
Positive
Express; absolute; not doubtful. This word is frequently used in composition.
Averment
French averer, to affirm as true: Latin ad, to; verum, truth. A positive statement of the truth of a fact; a formal allegation in pleading.
Fact
An action; a thing done. It is either simple or compound.
Plea
1) Chancery practice. "A plea," says Lord Bacon, speaking of proceedings in courts of equity, "is a foreign matter to discharge or stay the suit." 2) Practice. The defendant's answer by matter of fact, to the plaintiff's declaration.
Issue
1) Kindred. This term is of very extensive import, in its most enlarged signification, and includes all persons who have descended from a common ancestor. But when this word is used in a will, in order to give effect to the testator's intention it will be construed in a more restricted sense than its legal import conveys. 2) Pleading. An issue, in pleading, is defined to be a single, certain and material point issuing out of the allegations of the parties, and consisting, regularly, of an affirmative and negative. In common parlance, issue also signifies the entry of the pleadings.
May
To be permited; to be at liberty; to have the power.
Usage
Long and uniform practice. In its most extensive meaning this term includes custom and prescription, though it differs from them in a narrower sense, it is applied to the habits, modes, and course of dealing which are observed in trade generally, as to all mercantile transactions, or to some particular branches of trade.
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.
Liable
Legally responsible.
Whereas
This word implies a recital, and in general cannot be used in the direct and positive averment of a fact in a declaration or plea. Those facts which are directly denied by the terms of the general issue, or which may, by the established usage of pleading, be specially traversed, must be averred in positive and direct terms; but facts, however material, which are not directly denied by the terms of the general issue, though liable to be contested under it, and which, according to the usage of pleading, cannot be specially tra-versed, may be alleged in the declaration by way of recital, under a whereas.
SIMILAR TERMS--------------------------------------
PREVIOUS AND NEXT TERMS--------------------------------------
Wharfage
The money paid for landing goods upon, or loading them from a wharf.
Wheel
The punishment of the wheel was formerly to put a criminal on a wheel, and then to break his bones until he expired. This barbarous punishment was never used in the United States, and it has been abolished in almost every civilized country.
Whelps
1) The young of certain animals of a base nature, or ferae naturae. 2) It is a rule that when no larceny can be committed of any creatures of a base nature, which are ferae naturae, though tame and reclaimed, it cannot be committed of the young of such creatures in the nest, kennel, or den. 3) The owner of the land is, however, considered to have a qualified property in such animals, ratione impotentia.
When
1) At which time, in wills, standing by itself unqualified and unexplained, this is a word of condition denoting the time at which the gift is to continence. 2) The context of a will may show that the word when is to be applied to the possession only, not to the vesting of a legacy; but to justify this construction, there must be circumstances, or other expressions in the will, showing such to have been the testator's intent.
When and where
These words are used in a plea when full defence is made the form is, "when and were it shall behove him." This acknowledges the jurisdiction of the court.
Whereas
Whipping
1) Punishment. The infliction of stripes.This mode of punishment, which is still practiced in some of the states, is a relict of barbarism; it has yielded in most of the middle and northern states to the penitentiary system 2) The punishment of whipping, so far as the same was provided by the laws of the United States, was abolished by the act of congress of February 28, 1839.
Whistleblowing
The act of an employee revealing suspected fraud (usually involving senior management) to an outside third party.
White persons
The acts of congress which authorize the naturalization of aliens, confine the description of such aliens to free white persons.This of course excludes the African race when pure, but it is not easy to say what shade of color or mixture of blood will make a white person.
White rent
English law. Rents paid in silver, and called white rents or redditus albi, to distinguish them from other rents which were not paid in money.
Whole blood
Being related by both the father and mother's side; this phrase is used in contradistinction to half, blood, which is relation only on one side.
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This dictionary contains 8526 terms.
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