necessitas
necessitas (n[schwa]-ses-i-tas), n. [Latin] Roman law. 1. Necessity. 2. A force or influence that compels an unwilling person to act. • The term refers to a lack of free will to do a legal act, as opposed to libera voluntas (“free will”).
Search Results for: COMPEL
distress infinite
A distress that the sheriff can repeat from time to time to enforce the performance of something, as in summoning a juror or compelling a party to appear in court. • The goods must be returned after the delinquent person performs his or her duty.
summoner
summoner. Hist. A petty officer charged with summoning parties to appear in court. See NUNTIUS(3). “But process, as we are now to consider it, is the method taken by the law to compel a compliance with the original writ, of which the primary step is by giving the party notice to obey it. This notice
distringere
distringere (di-strinj-[schwa]-ree), vb. [Latin] To distrain; to coerce; to compel. • The first-person form of the verb was distringo (“I distrain”).
least intrusive means doctrine
least-intrusive-means doctrine. A doctrine requiring the government to exhaust all other investigatory means before seeking sensitive testimony, as by compelling an attorney to testify before a grand jury on matters that may be protected by the attorney–client privilege.
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beneficium cedendarum actionum
beneficium cedendarum actionum (ben-[schwa]-fish-ee-[schwa]m see-den-day-r[schwa]m ak-shee-oh-n[schwa]m). [Latin “privilege of having actions made over”] Roman & Scots law. The right of a cosurety who might or might not have paid the debt to compel the creditor to give over the right of action against the debtor and the other cosureties. • Under Scots law, a cosurety’s
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auxiliary jurisdiction
auxiliary jurisdiction 〈英〉从属管辖权；辅助管辖权 以前衡平法院享有的一种管辖权，以补普通法之不足，主要是通过强制披露〔compelling discovery〕以帮助原告确认有关事实来支持其起诉。1873年《司法组织法》〔Judicature Act〕将之废除。
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civil disobedience
civil disobedience. A deliberate but nonviolent act of lawbreaking to call attention to a particular law or set of laws believed by the actor to be of questionable legitimacy or morality. “Social protest and even civil disobedience serve the law’s need for growth. Ideally, reform would come according to reason and justice without self-help and
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enforce
enforce, vb. 1. To give force or effect to (a law, etc.); to compel obedience to. 2. Loosely, to compel a person to pay damages for not complying with (a contract).
de reparatione facienda
de reparatione facienda (dee rep-[schwa]-ray-shee-oh-nee fay-shee-en-d[ schwa]). Hist. 1. An action brought by a joint tenant to compel a cotenant to contribute to the repair of jointly held property. 2. A writ issued in such an action. • The writ had to issue before repairs were undertaken. There was no remedy after repairs began.
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