Legal Term Dictionary

That which produces an effect; whatever moves, Impels, or leads. The origin or foundation of a thing, as of a suit or action; a ground of'action. Corning v. Mc-Cullough, 1 N. Y. 47, 49 Am. Dec. 287; State v. Dougherty, 4 Or. 203. The consideration of a contract that is, More...

That which produces an effect; whatever moves, Impels, or leads. The origin or foundation of a thing, as of a suit or action; a ground of'action. Corning v. Mc-Cullough, 1 N. Y. 47, 49 Am. Dec. 287; State v. Dougherty, 4 Or. 203. The consideration of a contract that is, the Inducement to it or motive of the contracting party for entering into it, Is, in the civil and Scotch law, called the "cause." The civilians use the term ''cause," in relation to obligations, in tbe same sense as the word "consideration" is used in the jurisprudence of England and the United States. It means the motive, the inducement to the agreement—-id quod inducet ad contrahendum. In contracts of mutual interest the cause of the engagement is the thing given or done, or engaged to be given or done, or the risk incurred by one of the parties. Mouton v. Noble, 1 La. Ann. 192. In pleading. Reason; motive; matter of excuse or justification. In practice. A Suit litigation, or action. Any question, civil or criminal, contested before a court of justice. Cause imports a judicial proceeding entire, and is nearly synonymous with lis in Latin, or suit in English. Although allied to the word "case," it differs from it in the application of its meaning. A cause is pending, postponed, appealed, gained, lost, etc:: whereas a case is made, rested, argued, decided, etc. Case is of a more limited signification, importing a collection of facts, with the conclusion of law thereon. Both'terms may be used with propriety in the same sentence; e. p., on the trial of the cause, the plaintiff introduced certain evidence, and there rested his case. See Shirts v. Irons. 47 Ind. 445; Blyew v. U. S., 18 Wall. 581, 20 L. Ed. 638; Erwin v. U. S., 37 Fed. 470, 2 L B. A. 229. A distinction is sometimes taken between "cause" and "action." Burrill observes that a cause is not, like an action or suit, said to be commenced, nor is an action, like a cause, said to be tried. But, if there is any substantial difference between these terms, it must lie in the fact that "action" refers more peculiarly to the legal procedure of a controversy; "cause" to its mcsits or the state of facts involved. Thus, we cannot say "the cause should have been replevin." Nor would it be correct to say "the plaintiff pleaded his own action." As to "Probable Cause" and "Proximate Cause," see those titles. As to challenge "for cause," see "Challenge." Less...

Books kept in the central office of tbe English supreme court in which are entered all writs of summons issued in the office. Rules of Court, v 8.

Books kept in the central office of tbe English supreme court in which are entered all writs of summons issued in the office. Rules of Court, v 8. Less...

In English practice. A printed roll of actions, to be tried in the order of their entry, with the names of the solicitors for each litigant Similar to the calendar of causes, or docket used in American courts.

In English practice. A printed roll of actions, to be tried in the order of their entry, with the names of the solicitors for each litigant Similar to the calendar of causes, or docket used in American courts. Less...

Matter for which an action may be brought. The ground on which an action may be sustained. The right to bring a suit. Cause of action is properly the ground on which an action can be maintained; as when we say that such a person has no cause of action. More...

Matter for which an action may be brought. The ground on which an action may be sustained. The right to bring a suit. Cause of action is properly the ground on which an action can be maintained; as when we say that such a person has no cause of action. But the phrase is oiten used to signify the matter of the complaint or claim on which a given action is in fact grounded, whether or not legally maintainable. Mozley & Whitley. It sometimes means a person having a right of action. Thus, where a legacy is left to a married woman, and she and her husband bring an action to recover it, she is called in the old books the "meritorious cause of action." 1 H. Bl. 108. The term is synonymous with right of action, right of recovery. Graham v. Scripture, 26 How. Prac. (N. Y.) 501. Cause of action is not synonymous with chose in action; the latter includes debts, etc., not due, and even stocks. Bank of Commerce v. Rutland A W. R. Co., 10 How. Prac. (N. Y.) 1. Less...

Celebrated cases. A work containing reports of the decisions of Interest and importance In French courts In the seventeenth and eighteenth centuries. Secondarily a single trial or decision 1B often called a "cause ctlebre," when It is remarkable on account of the parties involved or the unusual, interesting, or sensational More...

Celebrated cases. A work containing reports of the decisions of Interest and importance In French courts In the seventeenth and eighteenth centuries. Secondarily a single trial or decision 1B often called a "cause ctlebre," when It is remarkable on account of the parties involved or the unusual, interesting, or sensational character of the facts. Less...

In the civil law. A pleader; one who argued a cause ore tenus.

In the civil law. A pleader; one who argued a cause ore tenus. Less...

Lat. Care; caution; vigilance ; prevision.

Lat. Care; caution; vigilance ; prevision. Less...

In tbe civil and French law. Security given for the performance of any thing; bail; a bond or undertaking by way of surety. Also the person who becomes a surety. In Scotch law. A pledge, bond, or other security for the performance of an obligation, or completion of the satisfaction More...

In tbe civil and French law. Security given for the performance of any thing; bail; a bond or undertaking by way of surety. Also the person who becomes a surety. In Scotch law. A pledge, bond, or other security for the performance of an obligation, or completion of the satisfaction to be obtained by a judicial process. Bell. —Cautio fidejussoria. Security by means of bonds or pledges entered into by third parties.' Da Cange.—Cautio Muciana. Security given] by an heir or legatee, in order to obtain imme-; diate possession of the inheritance or legacy, binding him and his surety for his observance of a condition annexed to the bequest where the act which is the object of the condition is one which he must 'avoid committing during his whole life, s. g., that he will never marry, never leave the country, never engage in a particular trade, etc See Mackeld. Rom. Law, | 705.— Cautio pignoratitia. Security given by pledge, or deposit as plate, money, or other goods.—Cautio pro expensis. Security for costs, charges, or expenses.—Cautio usufructuaria. Security, which tenants for life give, to preserve the property rented free from waste and injury. Ersk. Inst 2, 9, 59. Less...

In Scotch law, and in admiralty lawi Surety; security; bail; an undertaking by way of surety. 6. Mod. 162. See CAUTIO. —Caution juratory. In Scotch law. Security given by oath. That which a suspender swears is the best he can afford in order to obtain a suspension. Ersk. Pract 4, More...

In Scotch law, and in admiralty lawi Surety; security; bail; an undertaking by way of surety. 6. Mod. 162. See CAUTIO. —Caution juratory. In Scotch law. Security given by oath. That which a suspender swears is the best he can afford in order to obtain a suspension. Ersk. Pract 4, 8, 6. Less...

In Scotch law. An instrument in which a person binds himself as surety for another.

In Scotch law. An instrument in which a person binds himself as surety for another. Less...