Nam - Law Dictionary Search Results
Home Dictionary Name: namAmbiguitas verborum latens verificatione suppletur, nam quod ex facto oritur ambiguum verificatione facti tollitur
Ambiguitas verborum latens verificatione suppletur, nam quod ex facto oritur ambiguum verificatione facti tollitur [Lat.], Latent ambiguity of words may be explained by evidence: for ambiguity arising upon proof of extraneous fact is removed in like manner....
Consuetudo debet esse certa; nam incerta pro nulla habentur
Consuetudo debet esse certa; nam incerta pro nulla habentur. A custom should be certain, for uncertain things are held as nothing....
Nam
Nam, distress; seizure, Anc. Inst. Eng....
Talis non est eadem; nam nullum simile est idem
Talis non est eadem; nam nullum simile est idem (4 Co. 18), what is like is not the same; for nothing similar is the same....
judgment
judgment also judge·ment [jəj-mənt] n 1 a : a formal decision or determination on a matter or case by a court ;esp : final judgment in this entry compare dictum, disposition, finding, holding, opinion, ruling, verdict NOTE: Under Rule 54 of the Federal Rules of Civil Procedure judgment encompasses a decree and any order from which an appeal lies. cog·no·vit judgment [kÄ g-nō-vit-] : an acknowledgment by a debtor of the existence of a debt with agreement that an adverse judgment may be entered without notice or a hearing : confession of judgment consent judgment : a judgment approved and entered by a court by consent of the parties upon agreement or stipulation : consent decree at decree declaratory judgment : a judgment declaring a right or establishing the legal status or interpretation of a law or instrument [seeking a declaratory judgment that the regulation is unconstitutional] compare damage, injunction specific performance at per...
jurisdiction
jurisdiction [Latin jurisdictio, from juris, genitive of jus law + dictio act of saying, from dicere to say] 1 : the power, right, or authority to interpret, apply, and declare the law (as by rendering a decision) [to be removed to the State having of the crime "U.S. Constitution art. IV"] [a court of competent ] see also situs International Shoe Co. v. Washington in the Important Cases section compare venue NOTE: Jurisdiction determines which court system should properly adjudicate a case. Questions of jurisdiction also arise regarding quasi-judicial bodies (as administrative agencies) in their decision-making capacities. ancillary jurisdiction : jurisdiction giving a court the power to adjudicate claims (as counterclaims and cross-claims) because they arise from a cause of action over which the court has original jurisdiction ;specif : supplemental jurisdiction acquired by a federal court allowing it to adjudicate claims that are based on state law but that form part of a case...
Nam
Am not...
Ambiguity
Ambiguity, doubtfulness, double-meaning, obscurity. There are two species of ambiguity--'latent' and 'patent.' Where the words of a document as they stand are quite clear and intelligible but it turns out that they can apply equally well to two or more persons, or to two or more things, that is a 'latent ambiguity,' and parol evidence is admissible to shew which was really meant. This is not contradicting the document, because each answers the written words equally well. A 'patent ambiguity,' on the other hand, is one which appears on the face of the document and renders it unintelligible, e.g., a legacy of 100l. to ___. No parol evidence is admissible to supply the missing name; but see Watcham v. A.G. of East Africa, 1919 AC 533 (Powell on Evidence). The rule is expressed accordingly in the two following Latin maxims:Ambiguitas verborum latens verificatione suppletur; nam quod ex facto oritur ambiguum verificatione facti tollitur. Bacon.--(a hidden ambiguity of the words may be suppl...
Drunkenness
Drunkenness, intoxication with strong liquor; habit-ual inebriety. A contract made by a person when so drunk as to be unable to understand what he is doing is voidable if the person with whom the contract was made was aware of the fact, but it is not void, and may be ratified when he becomes sober, Matthews v. Baxter, (1873) LR 8 Ex 132. Mere drunknness was punishable by statutes 4 Jac. 1, c. 5, and 21 Jac. 1, c. 7, ss. 1, 3, by a fine of five shillings and confinement in the stocks in default of distress. Under the Licensing Act, 1872 (35 & 36 Vict. c. 94), which repeals various previous enactments, drunkenness in a public place or licensed house is punishable by fine (s. 12). Disorderly drunkenness is punishable by fine or imprisonment, and refusal by drunken persons to quit licensed premises is punishable by fine. [(English) Licensing Consolidation Act, 1910, s. 80]The 1st s. of the (English) Licensing Act, 1902 (2 Edw. 7, c. 28), enacts that--If a person is found drunk in any highw...
In rem
In rem. Civil actions are divided into actions in rem and actions in personam. A judgment in rem is a judgment pronounced on the status of some particular subject-matter. Such are actions for the condemnation of a ship in the Court of Admiralty; suits for nullity of marriage, etc. See INPERSO-NAM; ADMIRALTY; ss. 22 & 23 Judic. Act, 1925....
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