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 当前位置:首页>行业>法律英语> 英文法律词典 S-86  
英文法律词典 S-86
文章来源: 文章作者: 发布时间:2008-03-26   字体: [ ]  进入论坛  
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STRICT SETTLEMENT. When lands are settled to the parent for life, and after his death to his first and other sons in tail, and trustees are interposed to preserve the contingent remainders, this is called a strict settlement.

STRICTISSIMI JURIS. The most strict right or law. In general, when a person receives an advantage, as the grant of a license, he is bound to conform strictly to the exercise of the rights given him by it, and in case of a dispute, it will be strictly construed. See 3 Story, Rep. 159.

STRICTUM JUS. This phrase is used to denote mere law, in contradistinction to equity.

STRUCK, pleadings. In an indictment for murder, when the death arises from any woundng, beating or bruising, it is said, that the word "struck" is essential. 1 Bulstr. 184; 5 Co. 122; 3 Mod. 202; Cro. Jac. 655; Palm. 282; 2 Hale, 184, 6, 7: Hawk. B. 2, c. 23, s. 82; 1 Chit. Cr. Law, *243 6 Binn. R. 179.

STRUCK JURY. A special jury selected by striking from the pannel of jurors, a certain number by each party, so as to leave a number required by law to try the cause. In general, a list of forty-eight jurors is made out for each case; the plaintiff strikes off twelve, aud the defendant the same number from those who remain twelve are to be selected to try the cause, unless they are challenged for cause. See Challenge.

STRUCK OFF. A case is said to be struck off, where the court has no jurisdiction, aud can give no judgment, and order that the case be taken off the record, which is done by an entry to that effect.

STRUMPET. A harlot, or courtezan: this word was formerly used as an addition. Jacob's Law Dict. h. t.

TO STULTIFY. To make or declare insane. It is a general rule in the English law, that a man shall not be permitted to stultify himself; that is, he shall not be allowed to plead his insanity to avoid a contract. 2 Bl. Com. 291; Fonbl. Eq. b. 1, c. 2, 1; Pow. on Contr. 19.

2. In the United States, this rule seems to have been exploded, and the party may himself avoid his acts except those of record, and contracts for necessaries and services rendered, by allegation and proof of insanity. 5 Whart. R. 371, 379; 2 Kent, Com. 451; 3 Day, R. 90; 3 Conn. R. 203: 5 Pick. R. 431; 5 John R. 503.; 1 Bland. R. 376. Vide Fonbl. Eq b. 1, c. 2, §1, note 1; 2 Str. R. 1104; 3 Camp. R. 125; 7 Dowl. & Ryl. 614; 3 C. & P. 30; 1 Hagg. C. R. 414.


 

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