★ Keep up to date with the latest news - subscribe to the Transcribe Bentham newsletter; Find a new page to transcribe in our list of Untranscribed Manuscripts
1825 Jany. 20
Procedure &c Codes Ch. Nomenclature and Classification Leading Terms employed
II. Order chronological continued:
Defendant
Contestation
Litiscontestation
Litiscontestants
Litigant
Parties
Cross suit reactive
Counter application
Counter-applicant.
Satisfaction – demand
Punition – demand
Dismissal – demand
Judicial Acts
and their consequences
1. Audition &c as per
Elementary function
2. Instructive decree
opinative and imperative
declaring Applicant
a Pursuer
3. Orders Interlocutory.
Order as per imperative
function, opinative
not needful.
4. Provisional power of
decrees
5. Definitive do
Opinative as to
1. Law. 2. Fact
accersition ] attendance
Invitation Prehensive imperative
adduction
Prehensive personal –
in pursuance
Prehensive real, in
Accersition = Summons
or conviction?
---page break---
I. Order logical continued.
Parties 1. principal:
2. Subsidiary
Subsidiary – 1. proxy
= vicarious. 2. concomitant
(at the Judicatory – both assistant?
Subsidiary party – 1. .
2. Professional
Professional. 1. Private
2. public
Public 1. Government
Advocate. 2 = cf
power. 2. Advocate
of the Helpless = cf
impotence
Public Government Advocates –
1. National,
2. Provincial = at the
several Judicatories.
1. litigant.
2. Non-litigant.
Judicial Acts
and their consequences
Orders are 1. Simply
imperative. 2. imperative
with opinative = decrees.
Orders are 1. Initiative..
2. Subsequential.
Subsequential are
1. Interlocutory. 2.
definitive.
Means of procuring
Attendance. 1. Uncompulsory
𝓧 compulsory
Uncompulsory = accersition
Orders are. I. Positive 1. Mandatory.
2. Prohibitive or
say Inhibitive.
II. Negative 1. Non-
Inactive – permissive. 2.
active – permissive.
---page break---
II. Order chronological continued.
Forthcomingness.
Prehension for producing justiciability
= i.e. power of eventual
execution.
Prehension for actual
execution.
Quasi-prehension:
where the subject matter
of property is a fictitious
entity, ex. gr. an annuity,
a right of succession
&c
Compliance = Non-compliance
---page break---
I. Order logical continued
Identifier: | JB/549/261/001 "JB/" can not be assigned to a declared number type with value 549.
|
|||
---|---|---|---|
1825-01-20 |
|||
549 |
|||
261 |
Procedure &c Codes. Nomenclature Glossary and Clarification. |
||
001 |
|||
Rudiments sheet (brouillon) |
|||
Jeremy Bentham |
|||