Legal Term Dictionary

Lat It is to be known; be it remarked. In the books of the civil law, this phrase is often found at the beginning of a chapter or paragraph, by way of introduction to some explanation, or directing attention to some particular rule.

Lat It is to be known; be it remarked. In the books of the civil law, this phrase is often found at the beginning of a chapter or paragraph, by way of introduction to some explanation, or directing attention to some particular rule. Less...

Lat Knowingly. The term is used in pleading to signify an allegation (or that part of the declaration or indictment which contains it) setting out the defendant's previous knowledge of the cause which led to the injury complained of, or rather his previous knowledge of a state of facts which More...

Lat Knowingly. The term is used in pleading to signify an allegation (or that part of the declaration or indictment which contains it) setting out the defendant's previous knowledge of the cause which led to the injury complained of, or rather his previous knowledge of a state of facts which it was his duty to guard against, and his omission to do which has led to the injury complained of. The insertion of such an allegation is called "laying the action (or indictment) with a scienter" And the term is frequently used to signify the defendant's guilty knowledge. Scienti et volenti non fit injuria. Bract fol. 20. An Injury is not done to one who knows and wills it Soientia sciolorum est mixta ignorantia.. 8 Coke, 159. The knowledge of smat-terers is diluted ignorance. Soientia utrimque par pares oontra-hentes faoit. Equal knowledge on both sides makes contracting parties equal. 3 Burrows, 1905. An insured need not mention what the underwriter knows, or what he ought to know. Broom, Max. 772. Less...

Lat. To-wit; that is to say. A word used in pleadings and other instruments, as introductory to a more particular statement of matters previously mentioned in general terms. Hob. 171, 172.

Lat. To-wit; that is to say. A word used in pleadings and other instruments, as introductory to a more particular statement of matters previously mentioned in general terms. Hob. 171, 172. Less...

Lat. A spark; a remaining particle; the least particle. -Scintilla Juris. In real property law. A spark of right or interest. By this figurative expression was denoted the small particle of interest which, by a fiction of law, was supposed to remain in a feoffee to uses, sufficient to support More...

Lat. A spark; a remaining particle; the least particle. -Scintilla Juris. In real property law. A spark of right or interest. By this figurative expression was denoted the small particle of interest which, by a fiction of law, was supposed to remain in a feoffee to uses, sufficient to support contingent uses afterwards coming into existence, and thereby enable the statute of uses (27 Hen. VIII. c. 10) to execute them. See 2 Washb. Real Prop. 125; 4 Kent Comm. 23a -Scintilla of evidenoe. A spark, glimmer, or faint show of evidence. A metaphorical expression to describe a very insignificant or tri-ing item or particle of evidence; used in the statement of the common-law rule that if there is any evidence at all in a case, even a mere scintilla, tending to support a material issue, the case cannot be taken from the jury, but must be left to their decision. See Offutt v. World's Columbian Exposition, 175 111. 472, 51 N. E. 651. Scire deboa cam quo eontrabis. You ought to know with whom you deal. 11 Mees. A W. 405, 632; 13 Mees. & W. 171. Scire et scire debere ssquiparantur in Jnre. To know a thing, and to be bound to know it are regarded in law as equivalent Tray. Leg. Max. 551. Less...

Lat. In practice. The name given to the sheriff's return to a writ of scire facias that he has caused notice to be given to the party or parties against whom the writ was issued. 2 Archb. Pr. K. B. 98, 99.

Lat. In practice. The name given to the sheriff's return to a writ of scire facias that he has caused notice to be given to the party or parties against whom the writ was issued. 2 Archb. Pr. K. B. 98, 99. Less...

In English law. The name of a writ formerly used to recover the amount of a judgment from an executor. Scire legos non boe est verba earunt tenere, sed vim ac potostatem. To know the laws is not to observe their mere words, but their force and power; [that is, More...

In English law. The name of a writ formerly used to recover the amount of a judgment from an executor. Scire legos non boe est verba earunt tenere, sed vim ac potostatem. To know the laws is not to observe their mere words, but their force and power; [that is, the essential meaning in which their efficacy resides.} Dig. 1, 3, 17; 1 Kent Comm. 462. Scire proprio est rem ratione ot per eansam oognosoero. To know properly ia to know a thing Jin its reason, and by ita cause. We are truly said to know anything, where we know the true cause thereof. Co. Litt 183b. Less...

Lat. In practice, A judicial writ, founded upon some record, and requiring the person against whom It is brought to show cause why the party bringing it should not have advantage of such record, or (In the case of a scire facias to repeal letters patent) why the record should More...

Lat. In practice, A judicial writ, founded upon some record, and requiring the person against whom It is brought to show cause why the party bringing it should not have advantage of such record, or (In the case of a scire facias to repeal letters patent) why the record should not be annulled and vacated. 2 Archb. Pr. K. B. 86; Pub. St. Mass. p. 1295. The most common application of this writ is as a- process to revive a judgment, after the lapse of a certain time, or on a change of parties, or otherwise to have execution of 'the judgment, in which cases it is merely a continuation of the original action. It is used more rarely as a mode of proceeding against special ball on their recognizance, and as a means of repealing letters patent, in which cases it is an original proceeding. 2 Archb. Pr. K. B. 86. And see Knapp v. Thomas, 39 Ohio St 383, 48 Am. Rep. 462; Walker v. Wells, 17 Ga. 551, 63 Am. Dec. 252; Chestnut v. Chestnut 77 111. 349; Lyon v. Ford, 20 D. C. 535; State Treasurer v. Foster, 7 Vt 53; Lafayette County v. Won-derly, 92 Fed. 314, 34 C. C. A. 360; HadaWay v. Hynson, 89 Md. 305, 43 Atl. 806. --Scire facias ad audiendum errores. The name of a writ which is sued out after the plaintiff in error has assigned his* errors. Fitzh. Nat. Brev. 20.-Scire facias ad disproban-dnm debitum. The name of a writ jn use in Pennsylvania, which lies by a defendant in foreign attachment against the plaintiff, in order to enable him, within a year and a day next ensuing the time of payment to the plaintiff in the attachment to disprove or avoid the debt recovered against him. Bouvier.-Scire facias ad rebabendam terram. A scire facias ad rehabendam terram lies to enable a judgment debtor to recover back his lands taken under an elegit when the judgment creditor has satisfied or been paid the amount of his judgment. Chit 692; Fost. on Sci. Fa. 58.-Scire facias for tbe erown. In English law. The summary proceeding by extent is only resorted to when a crown debtor is insolvent, or there is good ground for supposing that the debt may be lost by delay. In ordinary cases where a debt or duty appears by record to be owing to the crown, the process for the crown is a writ of sci, fa. quare executionem non; but should the defendant become insolvent pending this writ the crown may abandon tbe proceeding and resort to an extent. Wharton.-Scire facia* quare restitutionem non. This writ lies where execution on a judgment has been levied, but the money has not been paid over to the plaintiff, and the judgment is afterwards reversed in error or on appeal; in such a case a scire facias is necessary before a writ of restitution can issue. Chit. 582; Fost. on Sci. Fa. . 64.-Scire facias sur mortgage. A writ of scire facias issued upon the default of a mortgagor to make payments or observe conditions, requiring him to show cause why the mortgage should not be foreclosed, and the mortgaged property taken and sold in execution.-Scire facias sur municipal claim. A writ of scire facias, authorized to be issued, in Pennsylvania, as a means of enforcing payment of a municipal claim ( Less...

In old English law. A tax or prestation paid to the sheriff for hold-nig the assizes or county courts. Cowell.

In old English law. A tax or prestation paid to the sheriff for hold-nig the assizes or county courts. Cowell. Less...

Lat. In old English law. A cutting. Scissio auricularum, cropping of the ears. An old punishment Fleta, lib. 1, c. 38, I 10.

Lat. In old English law. A cutting. Scissio auricularum, cropping of the ears. An old punishment Fleta, lib. 1, c. 38, I 10. Less...

The sitting or standing on any place; the seat or situation of a capital messuage, or the ground whereon it stands.1 Jacob.

The sitting or standing on any place; the seat or situation of a capital messuage, or the ground whereon it stands.1 Jacob. Less...