QUI NON. PROHIBET
by command of one exercising judicial authority, the law will not suppose that he acted from any wrongful or improper motive, because it was his bounden duty to obey. 10
Category: Torts
Found 130 results · Showing 91–120
QUIA TIMET
Lat. Because he fears or apprehends. In equity practice. The technical name of a Dill filled by a party who seeks the aid of a court of equity, because he fears some future probable injury to his rights or interests. 2 Story, Eq. Jur. § 826.
QUOD PERMITTAT PROSTERNERE
That he permit to abate. In old practice. A writ, in the nature of a writ of right, which lay to abate a nuisance. 3 Bl. Comm. 221. And see Conhocton Stone Road v. Buffalo, etc, R. Co., 51 N. Y. 579, 10 Am. Rep. 646;
QUOD SUBINTELLIGITUR
ed, and will not be permitted to be made the subject of any adjustment or compensation on the part of the grantee. Ex parte Milder, 2 Hill (N. Y.) 428.
Railroad Oo
vy. Watson, 387 Kan. 773. 15 Pac. 877. Substantial damages are considerable in amount, and intended as a real compensation for a real injury.
Real chymin. [L
Fr. In old English law. The royal way; the king’s highway, (regia via.) —Real injury. In the civil law. An injury arising from an unlawful act, as distinguished ~from a verbal injury, which was done by words.
REMITTITUR DAMNA
Lat. In practice. An entry made on record, in cases where a jury has given greater damages than a plaintiff has declared for, remitting the excess. 2 Tidd, Pr. 896.
REMOTENESS OF EVIDENOE
REMITTIT DAMNA. Iat. An entry on the record, by which the plaintiff declares that he remits a part of the damages which have been awarded him.
REPETUNDZ, or PECUNIZ REPE
TUNDZ. In Roman law. The terms used to designate such sums of money as the socii of the Roman state, or individuals, claimed to recover from magistratus, judices, or publict curatorcs, which they had improperly taken or received in the provincia, or ...
RESPOND
1. To make or file an answer to a bill, libel, or appeal, in the character of a respondent, (g. wv.)
RESPONDENTIA
2. To be liable or answerable; to make Satisfaction or amends; as, to “respond in damages.”
SACRAMENTUM
SAO. In old English law. A liberty of holding pleas; the jurisdiction of a manor court ; the privilege claimed by a lord of trying actions of trespass between his tenants, in his manor court, and imposing fines and amerclaments in the same. Lat. In ...
SEDUCING TO LEAVE SERVICE
An injury for which a master may have an action on the case.
See Chicago, etc.. R. Co
v. Schmitz, 211 Tih 446, 71 N. E. 1050.—Res ipsa loquitur. The thing speaks for itself. A phrase used in actions for injury by negligence where no proof of negligence is required beyond the accident §itself, which is such as necessarily to involve...
SEMINAUFRAGIUM
Lat. In maritime law. Half-shipwreck, as where goods are cast overboard in a storm; also where a ship has been so much damaged that her repair costs more than her worth. Wharton.
SEMITA
SEMAYNE’S CASE. This case decided, in 1604, that “every man’s house (meaning his dwelling-house only) is his castle,” and that an officer executing civil process may not break open outer doors in general, but only inner doors, but that (after...
SOHAR-PENNY, SCHARN-PENNY, or
SOHORN-PENNY. <A small duty or compensation. Cowell.
SOLICITOR
SOLATIUM. Compensation. Damages allowed for injury to the feelings. uity. Most attorneys take out a certificate to practice in the courts of chancery, and therefore become solicitors also, and, on the other hand, most, if not all, solicitors take ou...
Stoddard, 161 Pa, 259, 28 Atl
1111.—For that. In pleading. Words used to introduce the allegations of a declaration. “For that” is a positive allegation; ‘For that whereas” is a recital. Ham. N. 9.—For that whereas. In pleading. Formal words introducin the statement o...
Story, Bailm
4§ 370, 457.—Locatio rel. A letting of a thing to hire. 2 Kent, Comm. 586. The bailment or letting of a thing to be used by the bailee for a compensation to be paid by him. Story, Bailm. § 370.
SUBSTANTIAL DAMAGES
whether for the purpose of authenticating or attesting it, of adopting its terms as one’s own expressions, or of binding one’s self by an engagement which it contains.
TALIS INTERPRETATIO 1136
ishment of an injury by an act of the same kind, as an eye for an eye, a limb for a limb, ete. Calvin.
TAXATIO
Lat. In Roman law. Taxation or assessment of damages; the assessment, by the judge, of the amount of ‘damages to be awarded to a plaintiff, and particularly in the way of reducing the amount claimed or sworn to by the latter.
They are not equivalent words in substance
or. in a statute authorizing a new trial on a showing of fraud or injustice. Fraud is always the result of contrivance and deception; injustice may be done by the negligence, mistake, or omission of the court itself. Silvey v. U. S. 7 Ct. Cl, 324.
Tort
tort
A private or civil wrong or injury, independent of contract, for which the law provides a remedy in the form of an action for damages. Includes negligence, trespass, defamation, and nuisance.
TORTURE
cause it is wrested, or crooked, being -contra-, ry to that which is right and straight. l Co,
TORY
# means of extorting a confession of guilt, or of compelling him to disclose his accomplices.
TOUJOURS ET UNCORE PRIST
to say that we have found no case in which the doctrine of constructive total loss without abandonment has been admitted, where the injured vessel remained in specie and waa brought to its home port by the insured. A well marked distinction between a...
TRANSGRESSIO
A. violation of law. tion of trespass.
Traumatic
ty is such as results from a wound or injury, particularly to the head or brain, such as fracture of the skull or concussion of the brain—Idiopathic insanity is such ag results from a disease of the brain itself, lesions of the cortex, cerebral ane...