Law Dictionary
Definitions from our source dictionaries — each term links to a combined page showing every source. The full list of source dictionaries is in the sidebar.
Present in court.
/. Present in Praesentia corporis to Uit errorem of the body [the person meant]
To present is no more than to give or offer on the spot Ch Litt. 120.
To present is nothing other than to give or offer forthwith.
/. Presence. Prsesentia corporis et Tcritas noiuinis tollit errorem of the body [or corporeal thing itself] the name; and the truth of the name demonstration or description.
- Praesentia corporis tollit errorem nominis et veritas nominis tollit errorem demonstrationisdefined inBallentine's (1916)
The presence of the person cures an error in his name and the truth of the name cures an error of description.
- Praesentia corporis tollit errorem nominis; et veritas nominis toUit errorem demonstrationisdefined inBlack's (1910)
The presence of the body cures error in the name; the truth of the name cures an error of description. Broom, Max. 637, 639, 640.
A Roman governor.
To be responsible as surety; to perform; to fulfill.
Prevention is better than cure. Co. Litt. 304. PRAESUMATUR PRO JUSTITIA SENtentiae. The justice of a sentence should be presumed. Best, Ev. Introd. 42; Mascardus de Prob. Cone. 123
It is presumed for the negative. The rule of the house of lords when the numbers are equal on a motion. Wharton.
A presumption exists in favor of the justice of a sentence.
I. In the civil and old English presume; to anticipate.
Legitimacy is to be presumed. S Coke, 98b; 1 Bl. Comm 457.
A presumption exists in favor of legitimacy.
A presumption exists in favor of one denying.
EX EO QUOD PLERumque fit. Presumptions arise from what generally happens. 22 Wend. (N. Y.) 425, 475. PRAESUMPTIO FORTIOR (Lat.) A strong (literally, stronger) presumption (of fact)
A presumption (arises) from that which usually occurs. See 22 Wend. (N. Y.) 425.
A stronger presumption.
A human or natural presumption.
A presumption of law (as to fact), a rebuttable presumption.
A presumption of law as to the law, an irrebuttable presumption.
A presumption of law is full proof.
- Praesumptiones sunt conjecturae ex signo verisimili ad probandum assumptaedefined inBallentine's (1916)Black's (1910)
Presumptions are conjectures from probable indication assumed for proving.
A presumption avails in law.
PLENA probatio. Violent presumption is full proof. PRAESUMPTIO VIOLENTA VALET IN lege. Strong presumption avails in law. Jenk. Cent. Cas. 58. PRAESUMPTIONES SUNT CONJECTUrae ex sig
A violent presumption (is) full proof.
A violent presumption prevails in law.
An unlawful thing ought not to be admitted under a pretext of legality.
Under pretext of legality, what is illegal ought not to be admitted. Wing. Max. p. 728, max. 196.
In Roman law. A municipal officer of Rome, so called because {praeiret populo) he went before or took precedence of the people. The consuls were at first called praetors. Liv. Hist
(Civil Law) A praetor appointed to decide cases involving trusts.
Lex Praetoria: the Praetorian law; a law by which every freedman who made a will was commanded to leave a moiety to his patron. Lex regia: the royal law, — the law by which the leg
(Civil Law) One guilty of breach of trust.
In old Scotch practice. A form of action known in the forms of the court of session, by which a delay to discuss a suspension or advocation was got the better of. Bell, Diet.
Pertaining to the civil or ecclesiastical affairs of a community.
In Spanish colonial law. An order emanating from the sovoreign, and differing from a cedula only in form and in the mode of promulgation. Scion. Civil Law, Introd. 93, note.
- Pragmatic Sanctiondefined inCyclopedic (1922)Bouvier (1914)Black's (1910)Kinney (1893)Bouvier (1839)
In French Law. An expression used to designate those ordinances which concern the most important object of the civil or ecclesiastical administration. Merlin, Repert.; 1 Fournel, H
An extensive tract of land destitute of trees, covered with coarse grass, and usually characterized by a deep, fertile soil; a meadow or tract of grassland; especially a so called
I In old English an oath.
1. 1. In old Scots law. A form of action in the Court of Session, by which a delay to discuss a suspension or advocation was got the better of.
Engl. law, to wam. ‘The name of a writ, pramunire facias prafutum A B, quod tunc sit coram nobis, &c. Co. Litt. 129. PR/AETOR, civil law. The name of an officer appointed to admini
(spelled, also, “France. ling” and “Franklin.”) A freeman; a free. holder; a gentleman. Blount; Cowell.
I. A division; breaking. Fractlonem die! non re-
Know all men by these presents. Formal words used at the commencement of deeds ef release in the Latin forms. work. This was a species of remedy in the civil law, available to a pe
I. It is presumed; the presumption legitimatione: the presumption is in favor
The writ of entry ad terminum qui preterit lies where a man leases land to another for a term of years, and the tenant holds over histerm. And if lands be leased to a man for the t
or PRATIC. Intercourse; the communication between a ship and the port in which she arrives; hence, a license to hold intercourse and trade with the inhabitants of a place, especial
/. A meadow. a common recovery. Freecipe a writ of covenant employed at Tenant to the praecipe: was brought; v. Recovery. a court. Prsedia belli: booty. Praeserviens, the servient,
An evil custom.
Lat. Use; practice.
Hob. 96. The practice of the judges is the interpreter of the laws.
The practice of the judges is the interpreter of the laws.
I. The practice of judges is the interpreter of the laws.
- Prayerdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Anderson (1889)Abbott (1879)Bouvier (1839)
In equity practice. The request in a bill that the court will grant the aid which the petitioner desires. That part of the bill which asks for relief. The word denotes, strictly, t
It prays for a conveyance of the legal title from those who may possess it, and also prays for general relief. This last prayer entitles the plaintiff to any relief which may be gr
the prayer does not constitute a part of the notice guaranteed by the Constitution. The facts stated fix the limit of the relief that can be granted. While the judgment must not go
ls a petition with which a bill in equity used to conclude, to the effect that a writ of subpoena might issue against the defendant to compel him to answer upon oath all the matter
- Pray In Aiddefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Kinney (1893)Stimson (1881)Abbott (1879)
In old English practice. ^ To call upon for assistance. In real actions, the tenant might pray in aid or call for assistance of another, to help him to plead, because of the feeble
The term “PRC” means the People’s Republic of China.
Lat Masters. The chief clerks in chancery were formerly so called, because they had the direction of making out remedial writs. 2 Reeve, Eng. Law, 251.
The term “PRC global base” means a physical location outside of the PRC where the PRC maintains an element of the People’s Liberation Army, PRC intelligence or security forces, or
Lat. In practice. An original writ, drawn up in the alternative, commanding the defendant to do the thing required or show the reason why he had not done it. 3 Bl. Comm. 274. Also
The punishment of casting headlong from seme high place,
In French law. Under the regime en communi aut6, when that is of the conventional kind, if the surviving husband or wife is entitled to take any portion of the common property by a
Lat. In Roman law. A herald or crier.
Things to be previously known in order to the understanding of something which follows. Wharton.
In the civll law. Lands; estates ; tenements; properties. See Prædium —Praedia bellica. Booty. Property seized in war. —Prædia stipendiaria. In the civil law. Provincial lands belo
A right which is granted tor the advantage of one piece of land over another, and which may be exercised by every possessor of the land entitled against every possessor of the serv
Such as arise merely and immediately from the ground; as grain of all sorts, hops, hay, wood, fruit, herbs. 2 Bl. Comm. 23; 2 Steph. Comm. 722.
In the civil law. Provincial lands belonging to the people.
In the civil law. Provincial lands belonging to the emperor.
In the duchy of Brabant, certain things movable, such as bads, tables, and other heavy articles of furniture, were ranked among immovables, and were called "prædia volantia," or "v
Lat Aforesaid. Hob. 6. Of the three words, "idem," "prœdictus," and "præfatus," "idem" was most usually applied to plaintiffs or demandants ; "prœdictus," to defendants or tenants,
In the civil law. The name given to an estate to which a servitude is due; the dominant tenement. Morgan v. Mason. 20 Ohio, 409, 55 Am. Dec. 464,
In the civil law. The name of an estate which suffers a servitude or easement to another estate; the servient tenement. Morgan v. Mason, 20 Ohio, 409, 55 Am. Dec. 464.
Land ls under servitude to land, [i. e., servitudes are not personal rights, but attach to the dominant tenement.] Tray. Lat Max. 455.
In the civil law. A building or edifice intended for the habitation and use of man, whether built in cities or in the country. Colq. Rom. Civil Law, § 937.
Lat In the civil law. Land; an estate; a tenement; a piece of landed property. See Dig. 50, 16, 115. —Prædinm dominans. In the civil law. The name given to an estate to which a ser
Lat. In Roman law. A robber. See Dig. 50, 17, 126.
For purposes of this paragraph, the term "pre-2018 unused overall domestic loss" means any overall domestic loss which— (i) arises in a qualified taxable year beginning b
The term "preacquisition loss" means— (i) any net operating loss carryforward to the taxable year in which the acquisition date occurs, and (ii) any net operating loss fo
The term “pre-Act endangered species part” means— (i) any sperm whale oil, including derivatives thereof, which was lawfully held within the United States on December 28, 1973, in
The term “pre-adolescent child adoption and pre-adolescent foster child guardianship” means the final adoption, or the placement into foster child guardianship (as defined in parag
The term “pre-adolescent child adoption and pre-adolescent foster child guardianship rate” means, with respect to a State and a fiscal year, the percentage determined by dividing—
- Preambledefined inCase LawCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Anderson (1889)Abbott (1879)Bouvier (1839)
A preamble cannot annul enacting clauses; but, when it evinces the intention of the legislature and the design of the act, it enables us, in cases of two constructions, to adopt th
The preamble in the act may be resorted to, to aid in the construction of the enacting clause, when any ambiguity exists.
Glou. 2 In. 277.
Evidence whose nature and quantity are prescribed beforehand by law, as for the attestation of wills.
The term "pre-apprenticeship program" means a program— (A) designed to prepare individuals to enter and succeed in an apprenticeship program; and (B) that has a documente
Pre-arranged ground transportation service.—The term “pre-arranged ground transportation service” means transportation for a passenger (or a group of passengers) that is arranged i
The right of being heard before another. A privilege belonging to the English bar, the members of which are entitled to be heard in their order, according to rank, beginning with t
the term “preauthorized electronic fund transfer” means an electronic fund transfer authorized in advance to recur at substantially regular intervals;
- Prebenddefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Abbott (1879)
In ecclesiastical law. The stipend granted to an ecclesiastic, in consideration of officiating in the church. It is in this distinguished from a "canonicate," which is a mere title
The incumbent of a prebendary. See Prebend .
Revocable at the will of the creator or owner: as, a precarious right or loan. See Precaeium. Compare Precatory. The circumstances of an executor are " precarious " ijphen his cond
or PRECES (Law Lat.) In old English law. Days' works, which the tenants of some manors were bound, by which Spelman supposes to be a corruption of "biden days," which in Saxon, ans
Day-works which the tenants of certain manors were bound to give their lords in harvest time. Magna precaria, was a great or general reaping day. Cowell.
The affairs of an executor are precarious only when conducted with such recklessness as in the opinion of prudent and discreet men endangers their security. Shields v. Shields, 60
The circumstances of an executor are precarious, within the meaning and intent of a statute, only when his character and conduct present such evidence of improvidence or recklessns