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n the civil law. Equity, as opposed to strictum or summum jus, (q. v.) Otherwise called aequum, aequum bonum, aequum et bonum, aequum et justum. Calvin. AEQUITAS AGIT IN PERSONAM Equity acts upon the person. 4 Bouv. Inst. n. 3733. AEQUITAS EST CORRECTIO LEGIS GENERALITER LATAE QUA PARTE DEFICIT Equity is the correction of that wherein the law, by reason of its generality, is … [Read more...] about AEQUITAS

In old practice. One who called on or vouched another to warrant a title; a voucher. Advocatus; the person called on, or vouched; a vouchee. Spelman; Townsh. PI. 45. In Scotch, practice. An appellant. 1 Broun, R. 67. … [Read more...] about ADVOCATOR

Legal maxim and Latin for equity looks upon that as done which ought to have been done. The doctrine of satisfaction well illustrates this principle of law. Where a person is under an obIigation to perform an act, equity looks on it as done, and allows the same results to follow as if it were actually done. Thus, when one who has contracted to sell realty dies, the purchase … [Read more...] about Aequitas factum habet quod fieri oportuit

To give an opinion or counsel, or recommend a plan or course of action; also to give notice. Long v. State, 23 Neb. 33, 36 N. W. 310. This term is not synonymous with "direct" or "instruct." Where a statute authorizes the trial court to advise the jury to acquit, the court has no power to instruct the jury to acquit. The court can only counsel, and the jury are not bound by the … [Read more...] about ADVISE

In the civil law. An advocate; one who managed or assisted in managing another's cause before a judicial tribunal. Called also "patronus." Cod. 2, 7, 14. But distinguished from cawidicus. Advocatus diaboli. In ecclesiastical law. The devil's advocate; the advocate who argues against the canonization of a saint. Advocati fisei. In the civil law. Advocates of the fisc: or … [Read more...] about ADVOCATUS