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Jurisprude - Law Dictionary Search Results

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Jurisprudentia est divinarum atque humanarum rerum notitia, justi atque injusti scientia

Jurisprudentia est divinarum atque humanarum rerum notitia, justi atque injusti scientia. Just Inst., 1, 1.-(Jurisprudence is the knowledge of things divine and human, the science of the right and the wrong.)-Sand. Just...


Paranoid schizophrenia

Paranoid schizophrenia, in the vast majority of cases, starts in the fourth decade and develops insidiously. Suspiciousness is the characteristic symptom of the early stage. Ideas of reference occur, which gradually develops into delusions of persecution. Auditory hallucinations follow, which in the beginning, start as sound or noises in the ears, but are afterwards changes into abuses or insults. Delusions are at first indefinite, but gradually they become fixed and definite, to lead the patient to believe that he is persecuted by some unknown person or some superhuman agency. He believes that his food is being poisoned. Some noxious gases are blown into his room, and people are plotting against him to ruin him. Disturbances of general sensation given rise to hallucinations, which are attributed to the effects of hypnotism, electricity wireless telegraphy or atomic agencies. The patient gets very irritate and excited owing to these painful and disagreeable hallucinations and delusions...


Societe anonyme

Societe anonyme, analogous to a limited company (Foreign Jurisprudence), an association where the liability of all the partners is limited. See LIMITED LIABILITY....


Pleas of the Crown

Pleas of the Crown, the Criminal Law department of our jurisprudence; so called because the sovereign, in whom centres the majesty of the whole community, is supposed by the law to be the person injured by every wrong done to that community, and is, therefore, in all cases, the proper prosecutor for every such offence. See the works on this subject of Coke (3rd Institute), Hale, or Hawkins....


Portiliminium

Portiliminium, denotes the doctrine under which the territory, individuals and property, after having come in time of war under the authority of the enemy, return, either during the war or at its end, under sway of their original sovereign. Their mere possession in the course of war, does not suffice generally to transfer title or sovereignty as against the enemy owner or sovereign. The rights of the owner of sovereign are merely suspended rather than destroyed by temporary loss of possession and the legal state of things existing prior to the hostile occupation is re-established, Singhal's Jurisprudence, p. 259....


Positive law

Positive law. A rule of conduct enforced by sovereign sanction, Consult Austin's Jurisprudence and Maine's History of Law. See MALA PROHIBITA; LAW....


Prize Court

Prize Court. This is an international tribunal, existing only by virtue of a special commission under the Great Seal, during war or until the litigations incident to war have been brought to a conclusion. It is frequently confounded with the Court of Admiralty, in consequence, perhaps, of the same judge having usually presided in both courts; but this is a mistake, for the whole system of litigation and jurisprudence in the prize Court, though exceedingly important, is peculiar to itself, and is governed by rules not applying to the Instance Court of the Admiralty (now part of the High Court), which is a mere civil tribunal.The old Court of Admiralty had in fact from very ancient times two separate and distinct jurisdictions--the Instance Jurisdiction and the Prize Jurisdiction, though the real origin of the latter is wrapped in obscurity. When the High Court of Admiralty became merged in the High Court of Justice, (English) Jud. Act, 1925, s. 23, replacing the (English) Jud. Act, 1891...


Quasi judicial

Quasi judicial, the expression 'quasi judicial' is not always used with clarity and accurately. Custo-dian, though not a court in the ordinary sense, is an authority which exercises judicial functions or functions analogous to the judicial, and thus he is described as a 'quasi judicial' authority, Parduman Singh v. State of Punjab, AIR 1958 Punj 63.It is a term that is ............ not easily definable. In the United States, the phrase often covers judicial decisions taken by an administrative agency -- the test is the nature of the tribunal rather than what it is doing. In England quasi-judicial belongs to the administrative category and is used to cover situations where the administrator is bound by the law to observe certain forms and possibly hold a public hearing but where he is a free agent in reaching the final decision. If the rules are broken, the determination may be set aside, but it is not sufficient to show that the administration is biasedin favour of a certain policy, or...


Question of fact

Question of fact, is one capable of being answered by way of demonstration, a question of opinion is one that cannot be so answered. The answer to it is a matter of speculation which cannot be proved by any available evidence to be right or wrong. The past history of a company's business is a matter of fact, but its prospects of successful business in the future is a matter of opinion, Salmond on Jurisprudence, 12th Edn., p. 69: AIR 1994 SC 678.Means an issue that has not been predetermined and authoritatively answered by the law. An example is whether a particular criminal defendant is guilty of an offense or whether a contractor has delayed unreasonably in constructing a building, Black's Law Dictionary, 7th Edn., p. 1260.Question of fact might be stated in an issue without pleadings by consent (C.L.P. Act, 1852, s. 42), and may now be so stated under (English) R.S.C. Ord. XXXIV, r. 9.In general when a jury is sworn it decides all the issues of fact; but if there arise in the course ...


Sanction of a law

Sanction of a law, the provision for enforcing or promoting its observance. 'The evil which will probably be incurred in case a command be disobeyed, or (to use an equivalent expression) in case a duty be broken, is frequently called a sanction, or an enforcement of obedience. Or (varying the phrase) the command of the duty is said to be sanctioned or enforced by the chance of incurring the evil', Austin's Jurisprudence, 3rd Edn. pp. 91, 92....



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