Legal Term Dictionary

The title of a statute passed 13 Edw. I. A. D. 1285, and so called from the initial words of it, the object of which was to ascertain the boundaries of ecclesiastical jurisdiction in some particulars, or, In other words, to regulate the jurisdiction of the ecclesiastical and temporal courts. More...

The title of a statute passed 13 Edw. I. A. D. 1285, and so called from the initial words of it, the object of which was to ascertain the boundaries of ecclesiastical jurisdiction in some particulars, or, In other words, to regulate the jurisdiction of the ecclesiastical and temporal courts. 2 Reeve, Eng. Law, 215, 216. Less...

A principal fact or event being the object of investigation, the circumstances are the related or accessory facts or occurrences which attend upon it, which closely precede or follow It which surround and accompany it, which depend upon it or which support or qualify it Pfaffenback v. Railroad, 142 Ind. More...

A principal fact or event being the object of investigation, the circumstances are the related or accessory facts or occurrences which attend upon it, which closely precede or follow It which surround and accompany it, which depend upon it or which support or qualify it Pfaffenback v. Railroad, 142 Ind. 246, 41 N. E. 530; Clare v. People, 9 Colo. 122, 10 Pac. 799. The terms "circumstance" and "fact" are, in many applications, synonymous; but the true distinction of a circumstance is its relative character. "Any fact may be a circumstance with reference to any other fact." 1 Benth. Jud. Evid. 42, note; Id. 142. Thrift, integrity, good repute, business capacity, and stability of character, for example, are "circumstances" which may be very properly considered in determining the question of ^adequate security." Martin v. Duke, 5 Redf. Sur. (N. Y.) 600. Less...

Evidence directed to the attending circumstances ; evidence which inferentially proves the principal fact by establishing a condition of surrounding and limiting circumstances, whose existence is a premise from which the existence of the principal fact may be concluded by necessary laws- of reasoning. State v. Avery, 113 Mo. 475, More...

Evidence directed to the attending circumstances ; evidence which inferentially proves the principal fact by establishing a condition of surrounding and limiting circumstances, whose existence is a premise from which the existence of the principal fact may be concluded by necessary laws- of reasoning. State v. Avery, 113 Mo. 475, 21 S. W. 193; Howard v. State, 34 Ark. 433; State v. Evans, 1 Marvel (Del.) 477, 41 Atl. 136; Comm. v. Webster, 5 Cush. (Mass.) 319, .52 Am. Dec. 711; Gardner v. Preston, 2 Day (Conn.) 205, 2 Am. Dec. 91; State v. Miller, 9 Houst (Del.) 564, 32 Atl. 137. When the existence of any fact is attested by witnesses, as having come under the cognizance of their senses, or is stated in documents, the genuineness and veracity of which there seems no reason to question, the evidence of that fact is said to be direct or positive. When, on the contrary, the existence of the principal fact is only inferred from one or more circumstances S rhich have been established directly, the evi-ence is said to be circumstantial. And when the existence of the principal fact does not follow from the evidentiary facts as a necessary consequence of the law of nature, but is deduced from them by a process of probable reasoning, the evidence and proof are said to be presumptive. Best, Pres. 246; Id. 12. All presumptive evidence is circumstantial, because necessarily derived from or made up of circumstances, but all circumstantial evidence is, not presumptive, that is, it does not operate in the way of presumption, being sometimes of a higher grade, and leading to necessary conclusions, instead of probable ones. Burrill. Less...

See TALES.

See TALES. Less...

In Scotch law. Any act of fraud whereby a person is reduced to a deed by decreet. It has the same sense in the civil law. Dig. 50, 17, 49, 155. And see Oregon v. Jennings, 119 U. S. 74, 7 Sup. Ct. 124, 30 L. Ed. 323.

In Scotch law. Any act of fraud whereby a person is reduced to a deed by decreet. It has the same sense in the civil law. Dig. 50, 17, 49, 155. And see Oregon v. Jennings, 119 U. S. 74, 7 Sup. Ct. 124, 30 L. Ed. 323. Less...

In Anglo-Saxon and old English law, a church. —Ciric-bryce. Any violation of the privileges of a church.—Ciric soeat. Church-scot, or shot; an ecclesiastical due, payable on the day of St. Martin, consisting chiefly of corn.

In Anglo-Saxon and old English law, a church. —Ciric-bryce. Any violation of the privileges of a church.—Ciric soeat. Church-scot, or shot; an ecclesiastical due, payable on the day of St. Martin, consisting chiefly of corn. Less...

A ceorl, (q. v.)

A ceorl, (q. v.) Less...

A box or cheat for the deposit of charters, deeds, and things of value.

A box or cheat for the deposit of charters, deeds, and things of value. Less...

In Spanish law. Citation; summons; an order of a court requiring a person against whom a suit has been brought to appear and defend within a given time.

In Spanish law. Citation; summons; an order of a court requiring a person against whom a suit has been brought to appear and defend within a given time. Less...

Lat A citation or summons to court. —Citatio ad reassumendam eausam. A summons to take up the cause. A process, in the civil law, which issued when one of the parties to a suit died before its determination, for tbe plaintiff against the defendant's heir, or for the plaintiff's heir More...

Lat A citation or summons to court. —Citatio ad reassumendam eausam. A summons to take up the cause. A process, in the civil law, which issued when one of the parties to a suit died before its determination, for tbe plaintiff against the defendant's heir, or for the plaintiff's heir against the defendant, as the case might be; analogous to a modern bill of revivor. Citatio est de jnri natural!. A summons is by natural right. Cases in Banco Regis Wm. III. 453. Less...