Legal Term Dictionary

To exhibit; to expose before the eyes. To represent a thing is to produce it publicly. Dig. 10, 4, 2, 3. To represent a person is to stand in his place; to supply his place; to act as his substitute. Plummer v. Brown, 64 Cal. 420, 1 Pac. 703; Solon More...

To exhibit; to expose before the eyes. To represent a thing is to produce it publicly. Dig. 10, 4, 2, 3. To represent a person is to stand in his place; to supply his place; to act as his substitute. Plummer v. Brown, 64 Cal. 420, 1 Pac. 703; Solon v. Williamsburgh Sav. Bank, 35 Hun (N. Y.) 7. Less...

In Contracts. A statement made by one of two contracting parties to the other, before or at the time of making the contract, in regard to some fact circumstance, or state of facts pertinent to the contract, which is influential In bringing about the agreement. In insurance. A collateral statement, More...

In Contracts. A statement made by one of two contracting parties to the other, before or at the time of making the contract, in regard to some fact circumstance, or state of facts pertinent to the contract, which is influential In bringing about the agreement. In insurance. A collateral statement, either by writing not inserted in the policy or by parol, of such facts or circumstances, relative to the proposed adventure, as are necessary to be communicated to the underwriters, to enable them to form a just estimate of the risks. 1 Marsh. Ins. 450. The allegation of any facts, by the applicant to the Insurer, or vice versa, preliminary to making the contract, and directly bearing upon it, having a plain and evident tendency to induce the making of the policy. The statements may or may not be In writing, and may be either express or by obvious implication. Lee v. Howard Fire Ins. Co., 11 Cush. (Mass.) 324; Augusta Insurance A Banking Co. of Georgia v. Abbott, 12 Md. 348. In relation to the contract of insurance, there is an important distinction between a representation and a warranty. The former, which precedes the contract of insurance, and is no part of it, need be only materially true; the latter is a part of the contract, and must be exactly and literally fulfilled, or else the contract is broken and inoperative. Glendale Woolen Co. v. Protection Ins. Co., 21 Conn. 19, 54 Am. Dec. 309. In the law of distribution and descent. The principle upon which the issue of a deceased person take or inherit the share of an estate which their Immediate ancestor would have taken or inherited, If living; the taking or inheriting per stirpes. 2 Bl. Comm. 217, 517. In Seoteb law. The name of a plea or statement presented to a lord ordinary of the court of session, when his judgment Is brought under review. -False representation. A deceitful representation, or one contrary to the fact, made knowingly and with the design and effect of inducing the other party to enter into the contract to which it relates.-Misrepresentation. An intentional false statement respecting a matter of fact, made by one of the parties to a contract, which is material to the contract and influential in producing it-Promissory representation. A term used chiefly in insurance, and meaning a representation made by the assured concerning what is to happen during the term of the insurance, stated as a matter of expectation or even of contract, and amounting to a promise to be performed after the contract has come into existence. New Jersey Rubber Co. v. Commercial Union Assur. Co., 64 N. J. Law, 580, 46 Atl. 777.-Representation of persons. A fiction of the law, the effect of which is to put the representative in the place, degree, or right of the person represented. Civ. Code La. art. 894. Less...

Representation to the act of one person representing or standing in the place of another; and he who so represents or stands in the place of another is termed his "representative." Thus, an heir is the representative of the ancestor, and an executor is the representative of the testator, the More...

Representation to the act of one person representing or standing in the place of another; and he who so represents or stands in the place of another is termed his "representative." Thus, an heir is the representative of the ancestor, and an executor is the representative of the testator, the heir standing in the place of his deceased ancestor with respect to his realty, the executor standing in the place of his deceased testator with respect to his personalty; and hence the heir is frequently denominated the "real" representative, and the executor the "personal" representative. Brown; 2 Steph. Comm. 243. And see Lee v. Dill, 39 Barb. (N. Y.) 520 ; Staples v. Lewis, 71 Conn. 288, 41 Atl. 815; McCrary v. McCrary, 12 Abb. Prac. (N. Y.) 1. In constitutional law, representatives are these persons chosen by the people to represent thplr several interests In a legislative body. -Legal representative. A person who, in the law, represents the person and controls the rights of . another. Primarily the term meant those artificial representatives of a deceased person, the executors and administrators, who by law represented the deceased, in distinction from the heirs, who were the "natural" representatives. But as, under statutes of distribution, executors and administrators are no longer the sole representatives of the deceased as to personal property, the phrase has lost much of its original distinctive force, and is now used to describe either executors and administrators or children, descendants, next of kin, or distributees. Moreover, the phrase is not always used in its technical sense nor always with reference to the estate of a decedent; and in such other connections its import must be determined from the context; so that, in its general sense of one person representing another, or succeeding to the rights of another, or standing in the place of another, it may include an assignee in bankruptcy or insolvency, an assignee for the benefit of creditors, a receiver, an assignee of a mortgage, a grantee of land, a guardian, a purchaser at execution sale, a widow, or a surviving partner. See Staples v. Lewis, 71 Conn. 288, 41 Atl. 815; Miller v. Metcalf, 77 Conn. 176, 58 Atl. 743; Warnecke v. Lembca, 71 111. 95, 12 Am. Rep. 85; Thayer v. Pressey, 175 Mass. 225, 56 N. E. 5; Thompson v. U. S., 20 Ct CI. 278; Cox v. Curwen, 118 Mass. 200; Halsey v. Paterson, Less...

In criminal law. The withdrawing of a sentence of death for an interval of time, whereby the execution Is suspended. 4 Bl. Comm. 394. And see Butler v. State, 97 Ind 374; Sterling v. Drake, 29 Ohio St 460, 23 Am. Rep. 762; In re Buchanan, 146 N. Y. 264, More...

In criminal law. The withdrawing of a sentence of death for an interval of time, whereby the execution Is suspended. 4 Bl. Comm. 394. And see Butler v. State, 97 Ind 374; Sterling v. Drake, 29 Ohio St 460, 23 Am. Rep. 762; In re Buchanan, 146 N. Y. 264, 40 N. E. 883. Less...

A public and formal censure or severe reproof, administered to a person in fault by his superior officer or by a body to which he belongs. Thus, a member of a legislative body may be reprimanded by the presiding officer, in pursuance of a vote of censure, for improper conduct More...

A public and formal censure or severe reproof, administered to a person in fault by his superior officer or by a body to which he belongs. Thus, a member of a legislative body may be reprimanded by the presiding officer, in pursuance of a vote of censure, for improper conduct in the house. So a military officer, in some cases, is punished by a reprimand administered by his commanding ofllcer, or by the secretary of war. Less...

The forcibly taking a thing by one nation which belonged to another, in return or satisfaction for an injury committed by the latter on the former. Vattel, b. 2, c 18, s. 342.

The forcibly taking a thing by one nation which belonged to another, in return or satisfaction for an injury committed by the latter on the former. Vattel, b. 2, c 18, s. 342. Less...

In English law. Deductions and duties which are yearly paid out of a manor and lands, aa rent-charge, rent seek, pensions, corrodies, annuities, etc., so that, when the clear yearly value of a manor is spoken of, it is said to be so much per annum ultra reprisas,-besides all reprises. More...

In English law. Deductions and duties which are yearly paid out of a manor and lands, aa rent-charge, rent seek, pensions, corrodies, annuities, etc., so that, when the clear yearly value of a manor is spoken of, it is said to be so much per annum ultra reprisas,-besides all reprises. CowelL See Delaware A H. Canal Co. v. Von Storch, 196 Pa. 102, 46 Atl. 375. Reprobata peeunia llberat solventem. Money refused [tbe refusal of money tendered] releases him who pays, [or tenders it] 9 Coke, 79a. Less...

In ecclesiastical law. The interposition of objections or exceptions; as, to the competency of witnesses, to the due execution of instruments offered in evidence and the like.

In ecclesiastical law. The interposition of objections or exceptions; as, to the competency of witnesses, to the due execution of instruments offered in evidence and the like. Less...

In Scotch law. An action or proceeding intended to convict a witness of perjury, to which the witness must be made a party. Belt

In Scotch law. An action or proceeding intended to convict a witness of perjury, to which the witness must be made a party. Belt Less...

In old records. Money paid by servile tenants for exemption from the customary duty of reaping for the lord. Cowell.

In old records. Money paid by servile tenants for exemption from the customary duty of reaping for the lord. Cowell. Less...