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PRAESTARE

by Law Professor

Lat. In Roman law. "Prastare" meant to make good, and, when used in conjunction with the words "dare" "facere," "oportere," denoted obligations of a personal character, as opposed to real rights. Prostat oautela quam medela. Prevention is better than cure. Co. Litt 304b. Prosumatuv pro justitia sententlm. The presumption should be in favor of the justice of a sentence. Best Ev. … [Read more...] about PRAESTARE

PRAEFATUS

by Law Professor

Lat. Aforesaid. Sometimes abbreviated to "praefat," and "p. fat." … [Read more...] about PRAEFATUS

PRAESUMPTIO

by Law Professor

Latin: Presumption; a presumption. Also intrusion, or the unlawful taking of anything. Prosnmptio fortlor. A strong presumption; a presumption of fact entitled to great weight. One which determines the tribunal ia its belief of an alleged fact, without, however, excluding the belief of the possibility of its being otherwise; the effect of which is to shift the burden of proof … [Read more...] about PRAESUMPTIO

PRAEFECTURAE

by Law Professor

In Roman law. Conquered towns, governed by an officer called a "prefect," who was chosen in some instances by the people, in others by the praetors. ButL Hor. Jur. 29. … [Read more...] about PRAEFECTURAE

PRAETERITIO

by Law Professor

Latin: A passing over or omission. Used in the Roman law to describe the act of a testator in excluding a given heir from the inheritance by silently passing him by, that is, neither instituting nor formally disinheriting him. See Mackeld. Rom. Law, … [Read more...] about PRAETERITIO

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