Legal Term Dictionary

Lat. Things of general knowledge and concern; matters transacted before certain public officers. Calvin

Lat. Things of general knowledge and concern; matters transacted before certain public officers. Calvin Less...

In French law, denotes a document, or formal, solemn writing, embodying a legal attestation that something has been done, corresponding to one sense or use of the English word "act". Thus, actes de naissance are the certificates of birth, and must contain the day, hour, and place of birth, together More...

In French law, denotes a document, or formal, solemn writing, embodying a legal attestation that something has been done, corresponding to one sense or use of the English word "act". Thus, actes de naissance are the certificates of birth, and must contain the day, hour, and place of birth, together with the sex and intended christian name of the child, and the names of the parents and of the witnesses. Actes de mariage are the marriage certificates, and contain names, professions, ages, and places of birth and domicile of the two persons marrying, and of their parents; also the consent of these latter, and the mutual agreements of the intended husband and wife to take each other for better and worse, together with the usual attestations. Actea de deces are the certificates of death, which are required to be drawn up before any one may be buried. Lea actes de l'etat civil are public documents. Brown. —Acte authentique. A deed, executed with certain prescribed formalities, in the presence of a notary, mayor, greffier, huissier, or other functionary qualified to act in the place in which it is drawn up. Argles, Fr. Merc. Law, 50. —Acta de francisation. The certificate of registration of a ship, by virtue of which its French nationality is established.—Acte d' hieritir. Act of inheritance. Any action or fact on the part of an heir which manifests his intention to accept the succession; the acceptance may be express or tacit. Duverger.—Acte extrajudiciaire. A document served by a huissier, at the demand of one party upon another party, without legal proceedings. Less...

A term employed to designate a locum tenens who is performing the duties of an office to which he does not himself claim title; e. g., "Acting Supervising Architect." Fraser v. United States, 16 Ct CI. 514. An acting executor is one who assumes to act as executor for a More...

A term employed to designate a locum tenens who is performing the duties of an office to which he does not himself claim title; e. g., "Acting Supervising Architect." Fraser v. United States, 16 Ct CI. 514. An acting executor is one who assumes to act as executor for a decedent, not being the executor legally appointed or the executor in fact. Morse v. Allen, 99 Mich. 303, 58 N. W. 327. An acting trustee is one who takes upon himself to perform some or all of the trusts mentioned in a will. Sharp v. Sharp, 2 Barn. & Aid. 415. Less...

Lat. In the civil law. An action or suit; a right or cause of action. It should be noted that this term means both the proceeding to enforce a right in a court and the right itself which is sought to be enforced. —Acctio ad exhibendum. An action for the More...

Lat. In the civil law. An action or suit; a right or cause of action. It should be noted that this term means both the proceeding to enforce a right in a court and the right itself which is sought to be enforced. —Acctio ad exhibendum. An action for the purpose of compelling a defendant to exhibit a thing or title in his power. It was preparatory to another action, which was always a real action in the sense of the Roman law; that is, for the recovery of a thing, whether it was movable or immovable. Merl. Quest, tome i. 84.— Actio aestimatoria; actio quanti minoris. Two names of an action which lay in behalf of a buyer to reduce the contract price, not to cancel the sale; the judex had power, however, to cancel the sale. Hunter, Rom. Law, 332.— Actio arbitraria. Action depending on the discretion of the judge. In this, unless the defendant would make amends to the plaintiff as dictated by the judge in his discretion, he was liable to be condemned. Id. 825.—Actio bona fidei. A class of actions in which the judge might at the trial, ex officio, take into account any equitable circumstances that were presented to him affecting either of the parties to the action. 1 Spence, Eq. Jur. 218.—Actio calumnise. An action to restrain the defendant from prosecuting a groundless proceeding or trumped-up charge against the plaintiff. Hunter, Rom. Law, 859.—Actio commodati. Included several actions appropriate to enforce the obligations of a borrower or a lender. Id. 305.—Actio commodati contraria. An action by the borrower against the lender, to compel the execution of the contract. Poth. Prest a Usage, n. 75.—Actio commodati directa. An action by a lender against a borrower, the principal object of which is to obtain a restitution of the thing lent. Poth. Prest a Usage, nn. 65. 68.—Actio communi dividundo. An action to procure a judicial division of joint property. Hunter, Rom. Law, 194. It was analogous in Its object to proceedings for partition In modern law.—Actio condictio indebitati. An action by which the plaintiff recovers the amount of a sum of money or other thing he paid by mistake. Poth. Promutuum, n. 140; Merl. Repert.—Actio confessoria. An affirmative petitory action for the recognition and enforcement of a servitude. So called because based on the plaintiffs affirmative allegation of a right in defendant's land. Distinguished from an actio negntoria, which was brought to repel a claim of the defendant to a servitude In the plaintiffs land. Mackeld. Rom. Law, | 324. —Actio damni injuria. The name of a general class of actions for damages, including many species of suits for losses caused by wrongful or negligent acts. The term is about equivalent to our "action for damages."—Actio de dolo mala. An action of fraud; an action which lay for a defrauded person against the defrauder and his heirs, who had been enriched by the fraud, to obtain the restitution of the thing of which he had been fraudulently deprived, with all its accessions (cum omni causa;) or, where this was not practicable, for compensation in damages. Mackeld. Rom. Law, s 227.—Actio de peculio. An action concerning or against the peculium, or separate property of a party.—Actio de pecunia constitute. An action for money engaged to be paid; an action which lay against any person who had engaged to pay money for himself, or for another, without any formal stipulation. Inst 4, 6. 9; Dig. 1& 5; Cod. 4, 18.—Actio depositi contraria. An action which the depositary has against the depositor, to compel him to fulfil his engagement towards him. Poth. Du Depot, n. 69.—Actio depositi directa. An action which is brought by the depositor against the depositary, in order to get back the thing deposited. Poth. Du Depot, n. 60.—Actio directa. A direct action; an action founded on strict law, and conducted according to fixed forms; an action founded on certain legal obligations which from their origin were accurately defined and recognised as actionable.—Actio empti. An action employed in behalf of a buyer to compel a seller to perform his obligations or pay compensation; also to enforce any special agreements by him, embodied in a contract of sale. Hunter, Rom. Law. 332.—Actio ex conducto. An action which the bailor of a thing for hire may bring against the bailee, in order to compel him to redeliver the thing hired.—Actio ex locato. An action upon letting; an action which the person who let a thing for hire to another might have against the hirer. Dig. 19, 2; Cod. 4, 65.—Actio ex stipulatu. An action brought to enforce a stipulation.—Actio exereitoria. An action against the cjrercifor or employer of a vessel.—Actio families erdscundss. An action for the partition of an inheritance. Inst. 4, 6, 20; Id. 4, 17, 4. Called, by Bracton and Fleta, a mixed action, and classed among actions arising em quasi contractu. Bract, fol. 1005; Id. fols. 4436, 444; Fleta, lib. 2, c. 60, § 1.—-Actio furti. An action of theft; an action founded upon theft. Inst. 4, 1, 13-17; Bract fol. 444. ' This could only be brought for the penalty attached to the offense, and not to recover the thing stolen itself, for which other actions were provided. Inst. 4, 1, 10.—Actio honoraria. An honorary, or praetorian action. Dig. 44, 7, 25, 35.—Actio in factum. An action adapted to the particular case, having an analogy to some actio in jus, the latter being founded on some subsisting acknowledged law. Spence, Eq. Jur. 212. The origin of these actions is similar to that of actions on the case at common law.—Actio judicati. An action instituted, after four months had elapsed after the rendition of judgment, in which the judge issued his warrant to seize, first, the movables, which were sold within eight days afterwards; and then the immovables, which were delivered in pledge to the creditors, or put under the care of a curator, and if, at the end of two months, the debt was not paid, the land was sold. Dig. 42, 1; Code, 8, 34.—Actio legis Aqullise. An action under the Aquilian law; an action to recover damages for maliciously or injuriously killing or wounding the slave or beast of another, or injuring in any wav a thing belonging to another. Otherwise called damni injuries actio.—Actio mandati. Included actions to enforce contracts of mandate, or obligations arising out of them. Hunter, Rom. Law, 316.—Actio mixta. A mixed action; an action brought. for the recovery of a thing, or compensation for damages, and also for the payment of a penalty; partaking of the nature both of an actio in rem and in personam. Inst. 4, 6. 16, 18, 19, 20; Mackeld, Rom. Law, § 209.—Actio negatoria. An action brought to repel a claim of the defendant to a servitude in the plaintiff's land. Mackeld. Rom. Law, ft 324.—Actio negotiorum gestorum. Included actions between principal and agent and other parties to an engagement, whereby one person undertook the transaction of business for another.—Actio noxalis. A noxal action; an action which lay against a master for a crime committed or injury 'done by hiai slave; and in which the master had the alternative either to pay for the damage done or to deliver up the slave to the complaining party. Inst. 4, 8, pr.; Heinecc. Elem. lib. 4, tit. 8, So called from noxa, the offense or injury corn-1 mittcd. Inst. 4, 8, 1.—Actio pignoratitia. An action of pledge; an action founded on the contract of pledge, (pignus.) Dig. 13, 7; Cod. 4, 24.—Actio praejudicialis. A preliminary or preparatory action. An action, instituted for the determination of some preliminary matter on which other litigated matters depend, or for the determination of. some point or question arising in another or principal action; and so called from its being determined before, (prius, . or pr Less...

In the common law. A civil action, as distinguished from a criminal action. Bracton divides persoual actions into criminalia et civilia, according as they grow out of crimes or contracts. Bract fol. 101b.

In the common law. A civil action, as distinguished from a criminal action. Bracton divides persoual actions into criminalia et civilia, according as they grow out of crimes or contracts. Bract fol. 101b. Less...

In the civil and common law. An action of contract; an action arising out of, or founded on, contract Inst 4, 6, 1; Bract foL 102; 8 Bl. Comm. 117.

In the civil and common law. An action of contract; an action arising out of, or founded on, contract Inst 4, 6, 1; Bract foL 102; 8 Bl. Comm. 117. Less...

In the civil and common law. An action of tort; an action arising out of fault, misconduct, or malfeasance. Inst 4, 6, 15; 3 Bl. Comm. 117. Ex maleficio is the more common expression of the civil law; which is adopted by Bracton. Inst 4, 6,1; Bract fols. 102, 103.

In the civil and common law. An action of tort; an action arising out of fault, misconduct, or malfeasance. Inst 4, 6, 15; 3 Bl. Comm. 117. Ex maleficio is the more common expression of the civil law; which is adopted by Bracton. Inst 4, 6,1; Bract fols. 102, 103. Less...

In the civil law. An action against the person, founded on a personal liability; an action seeking redress, for the violation of a jus in personam or right available against a particular individual. In admiralty law. An action directed against the particular person who is to be charged with the More...

In the civil law. An action against the person, founded on a personal liability; an action seeking redress, for the violation of a jus in personam or right available against a particular individual. In admiralty law. An action directed against the particular person who is to be charged with the liability. It is distinguished from an actio in rem, which is a suit directed against a specific thing (as a vessel) irrespective of the ownership of it, to enforce a claim or lien upon it, or to obtain, out of the thing or out of the proceeds of its sale, satisfaction for an injury alleged by the claimant Less...

In the civil and common law. An action for a thing; an action for the recovery of a thing possessed by another, Inst 4, 6, 1. An action for the enforcement of a right (or for redress for its invasion) which was originally available against all the world, and not More...

In the civil and common law. An action for a thing; an action for the recovery of a thing possessed by another, Inst 4, 6, 1. An action for the enforcement of a right (or for redress for its invasion) which was originally available against all the world, and not in any special sense against the individual sued, until he violated it. See IN REM. Less...

In pleading. The Latin name of that part of a special plea which follows next after the statement of appearance and defense, and declares that the plaintiff "ought not to have or maintain his aforesaid action," etc

In pleading. The Latin name of that part of a special plea which follows next after the statement of appearance and defense, and declares that the plaintiff "ought not to have or maintain his aforesaid action," etc Less...