Legal Term Dictionary

In the English chancery. Writs for which there were precedents. The statute of Westminster, 2, c 24, gave chancery authority to form new writs in consimili casu; hence the action on the case.

In the English chancery. Writs for which there were precedents. The statute of Westminster, 2, c 24, gave chancery authority to form new writs in consimili casu; hence the action on the case. Less...

In Scotch law. All actions which are not rescissory. Ersk. Inst 4, 1, 18.

In Scotch law. All actions which are not rescissory. Ersk. Inst 4, 1, 18. Less...

In Scotch law. These are either (1) actions of proper improbation for declaring a writing false or forged; (2) actions of reduction-improbation for the production of a writing in order to have it set aside or its effect ascertained under the certification that the writing if not produced shall be More...

In Scotch law. These are either (1) actions of proper improbation for declaring a writing false or forged; (2) actions of reduction-improbation for the production of a writing in order to have it set aside or its effect ascertained under the certification that the writing if not produced shall be declared false or forged; and (3) actions of simple reduction, for declaring a writing called for null until produced. Ersk. Prin. 4, 1, 5. Less...

That is in action; that demands action ; actually subsisting; the opposite of passive. An active debt is one which draws interest. An active trust is a confidence connected with a duty. An active use is a present legal estate.

That is in action; that demands action ; actually subsisting; the opposite of passive. An active debt is one which draws interest. An active trust is a confidence connected with a duty. An active use is a present legal estate. Less...

In English law. A statute, otherwise called "Statutum de Mercatoribus," made at a parliament held at the castle of Acton Burnel in Shropshire, in the 11th year of the reign of Edward I. 2 Reeves, Eng. Law, 158-162.

In English law. A statute, otherwise called "Statutum de Mercatoribus," made at a parliament held at the castle of Acton Burnel in Shropshire, in the 11th year of the reign of Edward I. 2 Reeves, Eng. Law, 158-162. Less...

In Roman law. One who acted for another; one who attended to another's business; a manager or agent. A slave who attended to, transacted, or superintended his master's business or affairs, received and paid out moneys, and kept accounts. Burrill. A plaintiff or complainant. In a civil or private action More...

In Roman law. One who acted for another; one who attended to another's business; a manager or agent. A slave who attended to, transacted, or superintended his master's business or affairs, received and paid out moneys, and kept accounts. Burrill. A plaintiff or complainant. In a civil or private action the plaintiff was often called by the Romans "petitor;" in a public action (causa publico) he was called "accusator". The defendant was called "reus" both in private and public causes; this term, however, according to Cicero, (De Orat. ii. 43,) might signify either party, as indeed we might conclude from the word itself. In a private action, the defendant was often called "adversarius" but either party might be called so. Also, the term is used of a party who, for the time being, sustains the burden of proof, or has the initiative in the suit. In old European law. A proctor, advocate, or pleader; one who acted for another in legal matters; one who represented a party and managed his cause. An attorney, bailiff, or steward; one who managed or acted for another. The Scotch "doer" is the literal translation. Actor qui contra regulam quisi adduxit, non est audiendus. A plaintiff is not to be heard who has advanced anything against authority, (or against the rule.) Actor sequitur forum rei. According as rei is intended as the genitive of res, a thing, or reus, a defendant, this phrase means: The plaintiff follows the forum of the property in suit, or the forum of the defendant's residence. Branch, Max. 4. Actore non probante reus absolvitur. When the plaintiff does not prove his case the defendant is acquitted. Hob. 103. Aetori incumbit onus probandi. The burden of proof rests on the plaintiff, (or on the party who advances a proposition affirmatively.) Hob. 103. Less...

In old Scotch law. An attorney. Skene.

In old Scotch law. An attorney. Skene. Less...

Lat. A female actor; a female plaintiff. Calvin. Acts indicate the intention. 8 Co. 146&; Broom, Max. 301

Lat. A female actor; a female plaintiff. Calvin. Acts indicate the intention. 8 Co. 146&; Broom, Max. 301 Less...

Legal memoranda made in the admiralty courts in England, in the nature of pleas.

Legal memoranda made in the admiralty courts in England, in the nature of pleas. Less...

In Scotch law. Ordinances for regulating the forms of proceeding, before the court of session, in the administration of justice, made by the judges, who have the power by virtue of a Scotch act of parliament passed in 1540. Ersk. Prin. s 14.

In Scotch law. Ordinances for regulating the forms of proceeding, before the court of session, in the administration of justice, made by the judges, who have the power by virtue of a Scotch act of parliament passed in 1540. Ersk. Prin. s 14. Less...