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Pro Se - Law Dictionary Search Results

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pro se

pro se [Latin] : on one's own behalf : without an attorney [a defendant's right to proceed pro se] [a pro se action] ...


Omnes licentiam habent his, qu' pro se introducta sunt, renunciare

Omnes licentiam habent his, qu' pro se introducta sunt, renunciare. Broom's Leg. Max, (Every one has a right to renounce those things which have been granted for his own benefit.) Similarly, Quilibet potest renunciare juri pro se introducto. 2 Inst. 183, (Every person may decline to take advantage of a law made for his own benefit.) See WAIVER....


Omnes licnentiam habent his, que pro se indulta sunt, renunciare

Omnes licnentiam habent his, que pro se indulta sunt, renunciare [Lat.], every one has liberty to renounce those things which are granted for his own benefit....


Quilibet potest [or Cuilibet licet] renunciare juri pro se introducto

Quilibet potest [or Cuilibet licet] renunciare juri pro se introducto. 2 Inst. 183; Co. Litt. 99 a, (Every man can renounce a right introduced for his own benefit.) See WAIVER....


habeas corpus

habeas corpus [Medieval Latin, literally, you should have the body (the opening words of the writ)] : any of several writs originating at common law that are issued to bring a party before the court ;esp : habeas corpus ad subjiciendum in this entry [the privilege of the writ of habeas corpus shall not be suspended, unless when in cases of rebellion or invasion the public safety may require it "U.S. Constitution art. I"] habeas corpus ad fa·ci·en·dum et re·ci·pi·en·dum [-ad-fa-sē-en-dəm-et-ri-si-pē-en-dəm, -fa-shē-en-; -Ä d-fÄ -kē-en-dm-et-rā-kē-pē-en-dm] [New Latin, literally, you should have the body for doing and receiving] : habeas corpus cum causa in this entry habeas corpus ad pro·se·quen·dum [-ad-prÄ -si-kwen-dəm, -Ä d-prō-sā-kwen-dm] [New Latin, literally, you should have the body for prosecuting] : a writ for removing a prisoner for trial i...


Qui tam

Qui tam (who as well), a popular action (i.e. one which any one may bring) on a penal statute (q.v.) which is partly at the suit of the King and partly at that of an informer; so called from the words 'Qui tam pro domino rege, quam pro se ipso, sequitur.'As to the power of the Crown to remit these penalties, see Remission of Penalties Act, 1859, and in respect of Sunday entertainments, the Remission of Penalties Act, 1875. See Chitty's Statutes, tit. 'Penal Actions'; and as to compounding (by leave of the Court) see R.S.C., Ord. L., rr. 13-15....


Waiver

Waiver, in an intentional relinquishment of a known right. There can be waiver unless the person against whom the waiver is claimed had full knowledge of his rights and of facts enabling him to take effectual action for the enforcement of such rights, Dhanukdhari Singh v. Nathina Sahu, (1907) 7 Cal WN 848; Associated Hotels of India Ltd. v. S.B. Sardar Ranjit Singh, AIR 1968 SC 933: (1968) 2 SCJ 441. [Evidence Act, 1872, s. 115]Waiver, is the abandonment of a right in such a way that the other party is entitled to plead the abandonment by way of confession and avoidance if the right is thereafter asserted, and is either express or implied from conduct. A person who is entitled to rely on a stipulation, existing for his benefit alone, in a contract or of a statutory provision, may waive it, and allow the contract or transaction to proceed as though the stipulation or provision did not exist. Waiver of this kind depends upon consent, and the fact that the other party has acted on it is s...


Martinez report

Martinez report, a report that courts sometimes require a pro se party to file in order to clarify a vague or incomprehensible complaint, Martinez v. Aarwn, 570 F 2d 317 (10th Cir. 1978); Black's Law Dictionary, 7th Edn., p. 989....


Contracting out of a statute

Contracting out of a statute. In accordance with the maxim, Quilibet potest [or Cuilibet licet] renunciare juri pro se introducto, persons for whose benefit a statute has been passed may contract with others in such a manner as to deprive themselves of the benefit of the statute, as, for instance, the benefit of the Employers Liability Act, 1880; see Griffiths v. Earl of Dudley, (1882) 9 QBD 357.Certain Acts prohibit 'contracting out' or impose limitations. For example, by s. 1 (3) of the Workmens Compensation Act, 1925, contracting out of the Act is allowed upon the certificate of the Registrar of Friendly Societies that a proposed scheme of compensation is not less favourable to the workmen than the scheme of compensation provided by the Act. See also s. 45 of the Agricultural Holdings Act, 1923; and s. 146 (12) of the (English) Law of Property Act,1925, which provides for relief against the forfeiture of a lease; and also ss. 95 and 96 as to mortgages which exclude contracting out, ...


in propria persona

in propria persona [Latin] : in one's own person : without the assistance of an attorney : pro se [the defendant appeared in propria persona] ...


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