Civil Law - Law Dictionary Search Results
Home Dictionary Name: civil law Page 1 of about 506 results (0.006 seconds)Jus
Jus, law, right, equity, authority, and rule.A Roman 'magistratus' generally did not investigate the facts in dispute in such matters as were brought before him; he appointed a judex for that purpose, and gave him instructions. Accordingly, the whole procedure was expressed by the two phrases Jus and Judicium; of which the former comprehended all that took place before the magistratus (in jure), and the latter all that took place before the judex (in judicio). Originally, even the magistratus was called judex, as, for instance, the consul and pr'tor (Liv. iii. 55); and under the empire the term 'judex' often designated the pr'ses, Smith's Dict. of Antiq.All law jus) is distributed into two parts--Jus Gentium and Jus Civile--and the whole body of law peculiar to any state is its Jus Civile (Cic. De Orat. I. 44). The Roman Law, therefore, which is peculiar to the Roman state, is its Jus Civile, sometimes called Jus Civile Romanorum, but more frequently designated by the term Jus Civile o...
Apostalae
Apostalae, brief letters of dismission given to an appellant. They state the case and declare that the record will be transmitted, Civil Law. See Coloquhoun's Roman Civil Law, vol. iIii., par. 2370....
Civil Law
Civil Law, that rule of action which every particular nation, commonwealth, or city has established peculiarly for itself, more properly distinguished by the name of municipal law.The term 'civil law' is now chiefly applied to that which the Romans complied from the laws of nature and nations.The 'Roman Law'and the 'Civil Law' are convertible phrases, meaning the same system of jurisprudence; it is now frequently denominated 'the Roman Civil Law.'The collections of Roman Civil Law, before its reformation in the sixth century of the Christian era by the eastern Emperor Justinian, were the following:--(1) Leges Regi'. These laws were for the most part promulgated by Romulus, Numa Pompilius and Servius Tullius. To Romulus are ascribed the formation of a constitutional government, and the imposition of a fine, instead of death, for crimes; Numa Pompilius composed the laws relating to religion and divine worship, and abated the rigour of subsisting laws; and Servius Tullius, the sixth king,...
civil law
civil law often cap C&L 1 : Roman law esp. as set forth in the Code of Justinian 2 : the body of law developed from Roman law and used in Louisiana, in continental Europe, and in many other countries outside of the English-speaking world including esp. those that were colonized by countries of continental Europe see also the Judicial System in the back matter compare common law NOTE: Although Louisiana is the only state in the U.S. whose law is based entirely on civil law, remnants of civil law remain in other states (as Texas and California) in which countries of continental Europe had a strong influence. 3 : the law established by a nation or state for its own jurisdiction 4 : the law that applies to private rights esp. as opposed to the law that applies to criminal matters compare criminal law ...
Civil nature
Civil nature, The word 'civil' according to dictionary means 'relating to the citizen as an individual; civil rights'. In Black's Law Dictionary it is defined as 'relating to private rights and remedies sought by civil actions as contrasted with criminal proceedings'. In law it is understood as an antonym of criminal. Historically the two broad classifications were civil and criminal. Revenue, tax and company etc. were added to it later. But they too pertain to the larger family of 'civil'. There is thus no doubt about the width of the word 'civil'. Its width has been stretched further by using the word 'nature' along with it. That is even those suits are cognizable which are not only civil but are even of civil nature. In Article 133 of the Constitution an appeal lies to this Court against any judgment, decree or order in a 'civil proceeding'. The word 'nature' has been defined as 'the fundamental qualities of a person or thing; identity or essential character; sort; kind; character'....
Roman Civil Law
Roman Civil Law. See CIVIL LAW....
Frauds, Statute of
Frauds, Statute of, 29 Car. 2, c. 3 (A.D. 1676). This famous statute is said to have been famed by Sir Matthew Hale, Lord Keeper Guilford, and Sir Leoline Jenkins, an eminent civilian. Lord Nottingham used to say of it, that 'every line was worth a subsidy,' and it has been said that at all events the explanation of every line has cost a subsidy, no statute having been the subject of so much litigation. The statute, though it does not apply or have any Act corresponding to it in Scotland, was practically copied by the Irish Parliament in 7 Wm. 3, c. 12, applies generally to the British colonies, and, remarks Mr. Chancellor Kent (2 Com. 494, n. (d), 'carries its influence through the whole body of American juris-prudence, and is in many respects the most comprehensive, salutary, and important legislative regulation on record affecting the security of private rights.'The main object of the statute was to take away the facilities for fraud and the temptation to perjury which arose in verb...
Abandonment
Abandonment [fr. Abandonner, Fr.], the relinquish-ment of an interest or claim.Means the relinquishing of a right or interest with the intention of never again claiming it. In the context of contracts of the sale of land, courts sometimes use the term abandonment as if it were synonymous with rescission, but the two should be distinguished. An abandonment is merely the acceptance by one party of the situation that a non-performing party has caused. But rescission due to a material breach by the other party is termination or discharge of the contract for all purposes., Black Law Dictionary, 7th Edn., p. 1.The relinquishment by an assured person to the assurers of his right to what saved out of a wreck, when the thing insured has, by some of the usual perils of the sea, become practically valueless. Upon abandonment, the assured is entitled to call upon the assurers to pay the full amount of the insurance, as in the case of a total loss. The loss is in such case called a 'constructive to...
Maritime law
Maritime law, the law relating to harbours, ships, and seamen. An important branch of the commercial law of maritime nations; divided into a variety of departments, such as those about harbours, property of ships, duties and rights of masters and seamen, contracts of affreightment, average salvage, etc. No system or code of maritime law has ever been issued by authority in Great Britain. The laws and practices that now obtain amongst us have been founded on the practice of merchants, the principles of the Civil Law, the laws of Oleron and Wisby the works of juris-consults, the judicial decisions of our own and foreign countries, etc. though still susceptible of amendment, our system corresponds more nearly than any other system of maritime law with those universally recognised principles of justice and general convenience on which merchants and navigators should act.The decisions of Lord Mansfield did much to fix the principles and to improve and perfect the maritime law of England. It...
Serjeant
Serjeant [fr. serviens, Lat.], used in several senses:-A feudal tenure by knight service due only to king, Black's Law Dictionary, 7th Edn.(1) Serjeants-at-law, or of the coif (servientes ad legem), otherwise called serjeants counter, the highest degree in the Common Law, as doctors in the Civil Law; but, according to Spelman, a doctor of law is superior to a serjeant, for the very name of a doctor is magisterial, but that of a serjeant is only ministerial. Serjeants-at-law were made by the sovereign's writ, addressed unto such as are called, commanding them to take upon them that degree by a certain day, Fortescue, c. 50; 3 Cro. 1; Dyer, 72; 2 Inst. 213.The monopoly of exclusive audience enjoyed by the serjeants in the Court of Common Pleas, during term time, ineffectually attempted to be abolished by Royal Warrant in 1834 [see In the Matter of the Serjeants-at-law, (1840) 6 Bing NC 235], was abolished in 1846 by 9 & 10 Vict. c. 54.The judges of the Common Law Courts were formerly req...
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