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Misnomer

Misnomer, a wrong name. Nil facit error nominis cum de corpore vel persona constat. 11 Rep. 21.--(A mistake in the name does not matter when there is

Pardon

sovereign cannot pardon where private justice is principally concerned in the prosecution of offenders--'non potest rex gratiam facere cum injuria et damno aliorum.' Neither at Common Law could the sovereign pardon an offence against a penal statute

Opening the case

the issue begins, in conformity with the Civil Law maxim: Ei incumbit probatio, qui dicit, non qui negat; cum, per rerum naturam, factum negantis probatio nulla sit, Cod. 4. See RIGHT OF BEGIN.

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Negligence

funeral expenses. This Act has to a great extent revolutionized the application of the principle actio personalis moritur cum persona, to which the above-mentioned Acts have only been isolated exceptions. See ACTIO PERSONALIS and LAW REFORM. See

Judge

the Public Health Act, 1936. See INTEREST. The following are the chief maxims relating to judges:- Judex damnatur cum nocens absolvitur. (The judge is condemned when a guilty person escapes punish-ment.) This is taken from Publish Syrus,

Marumakkattayam

Marumakkattayam, The literal meaning of the word 'Marumakkattayam' is inheritance through nephews and nieces. The essential difference between Marumakkattayam and the other schools of Hindu Law is that the former is founded on the matriarchate while...

Marriage

Marriage. Marriage as understood in Christendom is the voluntary union for life of one man and one woman, to the exclusion of all others, Hyde v. Hyde, 1866 LR 1 P&D 130. Where a marriage in...

Legacy

satisfy it, as if a testator bequeath 1,000l. out of his Reduced Bank Three per Cents. And (4) Cumulative, or substitutional, when a testator by the same testamentary instrument, or by different testamentary instruments, has bequeathed more

Res

Res, all physical and metaphysical existences, in which persons may claim a right. See Sand. Just.; Cum.C.L. 59. Res generalem habet significationem quia tam corporea quam incorporea, cujuscunque sunt generis, natur', sive speciei, comprehendit. 3

Personal action

as distinguished from injury to property. It is in this sense that it is said 'Actio personalis moritur cum persona.' See that title, and EXECUTOR and NEGLIGENCE.

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