Legal Term Dictionary

See PRAEMUNIRE

See PRAEMUNIRE Less...

In Spanish law. Pledge. White, New Recop. b. 2, tit 7.

In Spanish law. Pledge. White, New Recop. b. 2, tit 7. Less...

L. Fr. To take. The power or right of taking a thing without waiting for it to be offered. See A PRENDER.

L. Fr. To take. The power or right of taking a thing without waiting for it to be offered. See A PRENDER. Less...

L. Fr. In old English law. A taking of husband; marriage. An exception or plea which might be used to disable a woman from pursuing an appeal of murder against the killer of her former husband. Staundef. P. C. lib. 3, c. 59.

L. Fr. In old English law. A taking of husband; marriage. An exception or plea which might be used to disable a woman from pursuing an appeal of murder against the killer of her former husband. Staundef. P. C. lib. 3, c. 59. Less...

Forethought; preconceived; premeditated. See Territory v. Banni-gan, 1 Dak. 451, 46 N. W. 597; People v. Clark, 7 N. Y. 885.

Forethought; preconceived; premeditated. See Territory v. Banni-gan, 1 Dak. 451, 46 N. W. 597; People v. Clark, 7 N. Y. 885. Less...

This word means something more than "weight;" it denotes a superiority of weight, or outweighing. The words are not synonymous, but substantially different There is generally a "weight" of evidence on each side in case of contested facts. But juries cannot properly act upon the weight of evidence, in favor More...

This word means something more than "weight;" it denotes a superiority of weight, or outweighing. The words are not synonymous, but substantially different There is generally a "weight" of evidence on each side in case of contested facts. But juries cannot properly act upon the weight of evidence, in favor of the one having the onus, unless it overbear, in some degree, the weight upon the other side. Shinn v. Tucker, 37 Ark. 588. And see Hoffman y. Loud, 111 Mich. 158, 69 N. W. 231; Willcox v. Hines, 100 Tenn. 524, 45 S. W. 781, 66 Am. St Rep. 761; Mortimer v. Mo-Mullen, 202 111. 413, 67 N. E. 20; Bryan v. Chicago, etc., R. Co., 63 Iowa, 464, 19 N. W. 295. Less...

An exclusive or peculiar privilege. The special power, privilege, immunity, or advantage vested In an official person, either generally, or in respect to the things of his office, or in an official body, as a court or legislature. See Attorney General v. Blossom, 1 Wis. 817; Attorney General v. Eau More...

An exclusive or peculiar privilege. The special power, privilege, immunity, or advantage vested In an official person, either generally, or in respect to the things of his office, or in an official body, as a court or legislature. See Attorney General v. Blossom, 1 Wis. 817; Attorney General v. Eau Claire, 37 Wis. 443. In English law. That special pre-eminence which the king (or queen) has over and above all other persons, in right of his (or her) regal dignity. A term used to denote those rights and capacities which the sovereign enjoys alone, in contradistinction to others. 1 BL Comm. 239. -Prerogative eonrt. In English - law. A court established for the trial of all testamentary causes, where the deceased left bona net a-bilta within two different dioceses; in which case the probate of wills belonged to the archbishop of the province, by way of special prerogative. And all causes relating to the wills, administrations, or legacies of such persons were originally cognizable herein, before a judge appointed by the archbishop, called the judge of the prerogative court," from whom an appeal lay to the privy council. 3 Bl. Comm. 66; 8 Steph. Comm. 432. In New Jersey the Surogative oourt is the court of appeal from ecrees of the orphans' courts in the several counties of the state. The court is held before the chancellor, under the title of the "ordinary.** See In re Coursen's Will, 4 N. J. Eq. 413; Flanigan v. Guggenheim Smelting Co., 63 N. J. Law, 647, 44 Atl. 762; Robinson v. Fair. 128 U. S. 53, 9 Sup. Ct 30, 32 L. Ed. 415.-Prerogative law. That part of the common law of England which is more particularly applicable to tbe king. Com. Dig. tit "Ley," A.-- Prerogative writs. In English law, the name is given to certain judicial writs issued by the courts only upon proper cause shown, never as a mere matter of right, the theory being that they involve a direct interference by the government with the liberty and property of the subject, and therefore are justified only as an exercise of the extraordinary power (prerogative) of the crown. In America, a theory has sometimes been advanced that these writs should issue only in cases publici jurU and those affecting the sovereignty of the state, or ita franchises or prerogatives, or the liberties of the people. But their issuance is now generally regulated by statute, and the use of the term "prerogative," in describing them, amounts only to a reference to their origin and history. These writs are the writs of mandamus, procedendo, prohibition, quo warranto, habeas corpus, and certiorari. Bee 3 Steph. Comm.. 629; Territory v. Ashenfelter, 4 N. M. 93, 12 Pac 879 ; State v. Archibald, 5 N. D. 359, 66 N. W. 234; Du-luth Elevator Co. v. White, 11 N. D. 534, 90 N. W. 12; Attorney General v. Eau Claire, 37 Wis. 400. Less...

L. Fr. Near. Oy pres, so near; as near. See Cr Pass.

L. Fr. Near. Oy pres, so near; as near. See Cr Pass. Less...

Lat In civil and ecclesiastical law. An elder;a presbyter; a priest Cod. 1, 3, 6, 20; Nov. 6.

Lat In civil and ecclesiastical law. An elder;a presbyter; a priest Cod. 1, 3, 6, 20; Nov. 6. Less...

That part of the church where divine offices are performed; formerly applied to the choir or chancel, because it was the place appropriated to the bishop, priest, and other clergy, while the laity were confined to the body of the church. Jacob.

That part of the church where divine offices are performed; formerly applied to the choir or chancel, because it was the place appropriated to the bishop, priest, and other clergy, while the laity were confined to the body of the church. Jacob. Less...