Law Dictionary

The action of ejectment is a possessory action, invented by the courts to try possessory titles, unembarrassed by the difficulties attendant upon real actions. The declaration is a

In case the seller desires to rescind the contract by reason of the breach of such a warranty, he may do so by an action of redhibition. But he may also retain the thing sold, and

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

An action with a name as distinguished from an action on the case.

In pleading. The declaration in a special plea "that the said plaintiff ought not to have or maintain his aforesaid action thereof against" the defendant (in Latin, actio non haber

The action has not accrued within six years.

An action is not given to one who is not injured. Jenk. Cent. Cas. 69.

NISI MENS sit rea. An action does not make one guilty unless the intention be bad. Lofft, 37. ACTIO NON ULTERIUS (Lat.) In English pleading. A name given to the distinctive clause

An action does not make one guilty, unless the intention be bad. Lofft 37.

To enable the plaintiffs to sustain an action on the case like the present, it must be shown that the defendants have done some wrong, that is, have violated some right of theirs,

The plaintiff should not be allowed further to pursue his action.

"action outside of jurisdiction" means an action, not in the course of any compensated employment involving either the performance of public safety activity or the provis

In the civil law. A noxal action; an action which lay against a master for a crime committed or injury done by his slave, and in which the master had the alternative either to pay

See Actio prcefudicic Uis.

See "Redhibitory Action."

See "Rescissory Actions."

ORDINARY, in the Scotch law; by this term is understood all actions not rescissory. Ersk. Pr. L. Scot. 4, 1, 5.

Generally speaking, indeed, actions of slander, founded on triffling causes, to gratify a petulant and quarrelsome disposition, will not be encouraged by the Court: But, when the r

In Scotch law. All actions which are not rescissory.

In Scotch law. These are either (1) actions of proper improbation for declaring a writing false or forged; (2) actions of reduction-improbation for the production of a writing in o

In this paragraph, the term "actions to boycott, divest from, or sanction Israel" means actions by states, non-member states of the United Nations, international organiza

The term “Action Strategy” means the comprehensive research plan and action strategy established under section 4003 of this title .

The term “action team” means a rural natural resources and economic diversification action team established by the Secretary pursuant to section 6613(b) of this title.

The kinds of actions should be particularly preserved.

In the civil law. A penal action; an action brought to enforce the payment of a private penalty. 1 Mackeld. Civ. Law, 193, § 196. ACTIO PRAEJUDICIALIS. In the civil law. A prelimin

In the civil law. A perpetual or unlimited action; one not limited to any particular period within which it should be brought. Inst. 4. 12. pr. The opposite of the actio temporalis

A personal action. The proper term in the civil law is actio in personam, ACTIO PERSONALIS MORITUR CUM persona (Lat.) A personal action dies with the person. In Practice. A maxim w

Nothing is better settled than that, at common law, the right of action for an injury to the person is extinguished by the death of the party injured. The rule, 'Actio personalis m

An action for a thing pledged after payment of the debt. Hunter, Rom. L. 448. ACTIO PR/ESCRIPTIS VERBIS. A form of action which derived its force from continued usage or the respon

In the civil law. An action of pledge; an action founded on the contract of pledge {pignus). Dig. 13. 7; Code, 4. 24.

An action of pledge; an action founded on the contract of pledge, (pignus.) Dig. 13, 7; Cod. 4, 24.

A penal action is not given against an heir, unless, indeed, such heir is benefited by the wrong.

In the civil law. An action prosecuted for a penalty only, and not for a specific thing. Inst. 4. 6. 16. 18.

In the civil law. A penal action; an action brought to enforce ACTIO POENALIS IN HAEREDEM NON datur, nisl forte ex damno locupletlor haeres factus sit. A penal action Is not given

In the civil law. A preliminary or preparatory action; an action brought for the determination of some point or question arising in another or principal action, and so called from

In civil law. A form of action which derived its force from continued usage or the responsa pmdentium, and was founded on the unwritten law. 1 Spence, Eq. Jur. 212. The distinction

In the civil law. A praetorian action; one introduced by the praetor, as distinguished from the more ancient actio civilis. Inst. 4. 6. 3; 1 Mackeld. Civ. Law, p. 189, § 194.

In the civil law. A praetorian action; one introduced by the praetor, as distinguished from the more ancient actio civilis, (q.v.) Inst. 4. 6. 3. 1 Mackeld. Civ. Law. 189, § 194.

Ad action brought for the recovery of a several thing {res propria), as distinguished from a thing held in common. Bracton, fol. 103a.

In the civil law. An action for a copartner; an action which one copartner (socius) might have against another. Dig. 17. 2; Code, 4. 37.

In the civil law. An action which lay for one who had lost a thing of which he had bona fide obtained possession before he had gained a property (dominium) in it, in order to have

An action which lay for one who had lost a thing of which he had bona fide obtained possession. before he had gnined a property in it, in older to have it restored, under color tha

Every action proceeds in its own course. Jenk. Cent. Cas. 77.

In the civil law. An action given to a purchaser who had paid more for a thing than it was in- (quanti minoris), or fell short in value, by reason of the defect. Poth. Cont. pt. 2,

An action given against a master, founded on some business done by his slave, acting under his order, (jussu.) Inst. 4, 7, 1; Dig. 15, 4; Cod. 4, 26.

In the civil law. An action given against a master, founded on some business done by his slave, acting under his order (jussu). Inst. 4. 7. 1; Dig. 15. 4; Code, 4. 26.

An action granted to one who had been compelled by unlawful force, or fear (metUs causa) that was not groundless, (metus probabilis or justus,) to deliver, sell, or promise a thing

In the civil law. An action granted by unlawful force, or fear (metus causa) that was not groundless (metus probabilis or Justus), to deliver, sell, or promise a thing to another.

A real action. The proper term in the civil law was rei vindicatio. Inst. 4, 6, 3.

In civil law. An action to compel a vendor to take back the thing sold, and return the price paid.'

An action to compel a vendor to take back the thing sold and return the price paid. See Redhibitory Actions.

In the civil law. An action for the recovery of a specific thing (rei presequendae causa comparata) or damages; as distinguished from the actio poenae persecutoria, and the actio m

In the civil law. An action for things removed; an action which, in cases of divorce, lay for a husband against a wife, to recover things carried away by the latter, in contemplati

In c Wl law. An action for rescinding a title acquired by prescription in a case where the party bringing the action was entitled to exemption from the operation of the prescriptio

An action for restoring the plaintiff to a right or title which he has lost by prescription, in a case where the equities are such that he should be relieved from the operation of

In the civil law. An action which lay for the lessor of a farm, or rural estate, to recover the gopds of the lessee or farmer, which were pledged or bound for the rent. Inst. 4. 6.

In the civil law. A special action; an action brought to enforce the delivery of one of several single things. 1 Mackeld. Civ. Law, p. 193, § 196; Dig. 6. 1. 1. ACTIO STRICTI JURIS

An action in which the court followed the letter of the law.

In the civil law. A temporary action; an action limited to a certain time, within which it was to be instituted, on pain of losing it; the opposite of actio perpetua (q. v.) Inst.

In the civil law. An action for distribution (Lat. tribuere, to distribute); an action which lay for the creditor of a son or slave, who had traded upon his peculium,, with the kno

Action founded on the duties or obligations arising on the relation analogous to that of guardian and ward.

In the elvil law. Action founded on the duties or obligations arising on the relation analogous to that of guardian and ward.

Tn the civil law. An action of tutelage. ACTIO (or INTERDICTUM) UNDE VI. In the civil law. An action or interdict which lay to recover possession of an immovable thing, as land, of

An action for the benefit of those who had the beneficial use of property, but not the legal title; an equitable action. 1 Spence, Eq. Jur. 214. It was subsequently extended to inc

See "Actio ex Vendlto."

In for a party whose goods or movables (bona) had been taken from him by force (vi), to recover the things so taken, together with a penalty of triple the value. Inst. 4. 2; Id. 4.

In civil law. A legal action; a common action. ACTION (Lat. agere, to do; to lead; to conduct). A doing of something; something done. The term is, in legal usage, confined to pract

the term “activated channels” means those channels engineered at the headend of a cable system for the provision of services generally available to residential subscribers of the c

Activation lock.—The term "activation lock" means a control mechanism (either a physical device directly on the water heater or a control system integrated into the water

That which requires action. Thus, an active trust is one requiring action by the trustee to execute the donor's will.

The constitutional requirement of substantial equality and fair process can only be attained where counsel acts in the role of an active advocate in behalf of his client, as oppose

For purposes of this section, the term “active business computer software royalties” means any royalties— (A) received by any corporation during the taxable year in connection with

An 'active' judge is a judge who has not retired 'from regular active service.

— '(A) full-time duty in the Armed Forces, other than active duty for training.' Title 38 U.S.C.

The terms “fraud alert” and “active duty alert” mean a statement in the file of a consumer that— (A) notifies all prospective users of a consumer report relating to the consumer th

The terms "active-duty family member category", "retired category", and "reserve and young adult category" mean the respective categories of TRICARE S

The term “active duty for a period of more than 30 days” means active duty under a call or order that does not specify a period of 30 days or less. / The term “active duty for a pe

full-time duty in the active military service of the United States for training purposes.

The term “active-duty list” means a single list for the Army, Navy, Air Force, Marine Corps, or Space Force (required to be maintained under section 620 of this title ) which conta

The term “active duty military consumer” means a consumer in military service who— (A) is on active duty (as defined in section 101(d)(1) of title 10 ) or is a reservist performing

The term “active duty relocated individual” means an individual— (A) who— (i) is enrolled under the State plan (or waiver of such plan); or (ii) with respect to an individual descr

The term “active duty veteran” means any veteran eligible for the benefits of this chapter other than a Reservist.

The Secretary shall permit the owner of any farm to which a Flue-cured tobacco allotment or quota is assigned to sell, for use on another farm in the same county, all or any part o

For purposes of clause (i), the term “active foreign business income” means gross income which— (I) is derived from sources outside the United States (as determined under this subc

Except as provided in paragraph (1)(B)(iv), the term “active foreign business percentage” means, with respect to any existing 80/20 company, the percentage which— (A) the active fo

The term “Active Guard and Reserve” means a member of a reserve component who is on active duty pursuant to section 12301(d) of this title or, if a member of the Army National Guar

The term “active Guard and Reserve duty” means active duty performed by a member of a reserve component of the Army, Navy, Air Force, or Marine Corps, or full-time National Guard d

The term “active ingredient” means— (1) in the case of a pesticide other than a plant regulator, defoliant, desiccant, or nitrogen stabilizer, an ingredient which will prevent, des

Subject to subparagraph (C),2 for purposes of paragraph (2)(D), the term "actively seeking work" means, with respect to any individual, that such individual— (i) is regis

The term “actively tethered unmanned aircraft system” means an unmanned aircraft system in which the unmanned aircraft component— (A) weighs 55 pounds or less, including payload bu

The term “active management” means the making of the management decisions of a business (other than the daily operating decisions).

The term "active measures campaign" means a foreign semi-covert or covert intelligence operation.

The term "active military, naval, air, or space service" includes— (A) active duty; (B) any period of active duty for training during which the individual concerned was d

The term “active mode” means the mode of operation when an external power supply is connected to the main electricity supply and the output is connected to a load. / The term “acti

The term “active MSA participant” means, with respect to any taxable year, any individual who is the account holder of any Archer MSA into which any contribution was made which was

For purposes of this subsection, the term “active participant” means, with respect to any plan year, an individual— (A) who is an active participant in— (i) a plan described in sec

For purposes of this subsection, the term “active part in political management or in a political campaign” means those acts of political management or political campaigning which w

The term “active pharmaceutical ingredient” means— (A) a substance, or a mixture when the substance is unstable or cannot be transported on its own, intended— (i) to be used as a c

The term “active qualified trade or business” means, with respect to any taxpayer for any taxable year, any qualified trade or business of the taxpayer in which the taxpayer materi

In the Armed Forces the term 'active service' has a precise meaning, a meaning not dependent upon individual conduct. Moreover, the verbal structure of the Act, re-enforced by comm