Dictionary Search: "concur" - Pakistan Law Portal

Concurrence

1. Agreement; assent. 2. A vote cast by a judge in favor of the judgment reached, often on grounds differing from those expressed in the opinion or opinions explaining the judgment. 3. A separate written opinion explaining such a vote. - Also termed (in sense 3) concurring opinion.

Concurrency

n. 1. Archaic. The quality or fact of being concurrent in jurisdiction; joint right or authority. 2. Criminal Procedure. (Of a criminal sentence) concurrent in duration.

Concurrent

adj. 1. Operating at the same time; covering the same matters <concurrent interests. 2. Having authority on the same matters <concurrent jurisdiction>.

Concursus

[Latin "a running together"] 1. Civil & Scots law. A proceeding in which two or more creditors claim, usu. adversely to each other, an interest in a fund or estate so that they can sort out and adjudicate all the claims on the fund. See CONCOURSE (3). 2. Civil law. INTERPLEADER. 3. Eccles. law. An examination to determine a person's fitness for parochial office.

Cum duo jura concurrunt in una persona, aequum est ac si essent in duobus

When two rights meet in one person, it is the same as if they were in two persons.

In omni actione ubi duae concurrunt districtiones, videlicet in rem et in personam, illa districtio tenenda est quae magis timetur et magis ligat

In every action where two distresses (or forms of distraint) concur, that is in rem and in personam, the distraint is to be chosen that is more dreaded and that binds more firmly. Bracton 372.

Quando duo jura concurrunt in una persona, aequum est ac si essent in diversis

When two rights run together in one person, it is the same as if they were in separate persons.

Quando jus domini regis et subditi concurrunt, jus regis praeferri debet

When the right of the sovereign king and of the subject run together (or clash), the right of the king ought to be preferred.

concur

ub. 1. To agree; to consent. 2. In a judicial opinion, to agree with the judgment in the case (usu. as expressed in the opinion of another judge), or the opinion of another judge, but often for different reasons or through a different line of reasoning. 3. Civil law. To join with other claimants in presenting a demand against an insolvent estate.

concurator

Civil law. A guardian or co-curator. See CURATOR.

concurrent cause

See CAUSE

concurrent cause.

1. One of two or more causes that simultaneously create a condition that no single cause could have brought about. 2. One of two or more causes that simultaneously create a condition that any one cause could have created alone.

concurrent condition

A condition that must occur or be performed at the same time as another condition, the performance by each party separately operating as a condition precedent; a condition that is mutually dependent on another, arising when the parties to a contract agree to exchange performances simultaneously. - Also termed condition concurrent"Conditions concurrent are acts that the parties to a contract are under duties of performing concurrently, the act of each party being separately operative as a condition precedent. The act is not concurrent with the legal relation affected, but only with the act of the other party." William R. Anson, Principles of the Law of Contract 412-13 (Arthur L. Corbin ed., 3d Am. ed. 1919).

concurrent consideration

Consideration arising at the same time as other consideration, or where the promises are simultaneous.

concurrent covenant

A covenant that requires performance by one party at the same time as another's performance.

concurrent estate

Ownership or possession of property by two or more persons at the same time. ( In modern practice, there are three types of concurrent estates: tenancy in common, joint tenancy, and tenancy by the entirety. - Also termed concurrent interest. "A concurrent estate is simply an estate - whether present or future, defeasible or non-defeasible, in fee simple, in tail, for life, or for years - that is owned by two or more .persons at the same time. ( transfers 'to A and B and their heirs.' A and B own a present concurrent estate in fee simple absolute." Thomas F. Bergin & Paul G. Haskell, Preface to Estates in Land and Future Interests 53 (2d ed. 1984).

concurrent finding

See FINDING OF FACT.

concurrent interest

See concurrent estate under ESTATE (4).

concurrent jurisdiction

1 Jurisdiction exercised simultaneously by more than one court over the same subject matter and within the same territory, with the litigant having the right to choose the court in which to file the action. 2. Jurisdiction shared by two or more states, esp. over the physical boundaries (such as rivers or other bodies of water) between them. - Also termed coordinate jurisdiction; overlapping jurisdiction. Cf. exclusive jurisdiction "In several cases, two States divided by a river exercise concurrent jurisdiction over the river, no matter where the inter-state boundary may be; in some cases by the Ordinance of 1787 for organizing Territories northwest of the Ohio River, in some cases by Acts of Congress organizing Territories or admitting States, and in some cases by agreements between the States concerned." 1 Joseph H. Beale, A Treatise on the Conflict of Laws § 44.3, at 279 (1935).

concurrent lease

A lease that begins before a previous lease ends, entitling the new lessee to be paid all rents that accrue on the previous lease after the new lease begins, and to appropriate remedies against the holding tenant. "A landlord who has granted a lease may nevertheless grant another lease of the same land for all or some of the period of the first lease. The second lease does not deprive the lessee under the first lease of the right to possession of the property, but is, in reality, a lease of the reversion. Because the two leases operate concurrently during at least some part of their respective durations, they are known as 'concurrent leases'." Peter Butt, Land Law 233 (2d ed. 1988).

concurrent lien

One of two or more liens of equal priority attaching to the same property.

concurrent negligence

See NEGLIGENCE,

concurrent policy

One of two or more insurance policies that cover the same risk. Concurrent insurance policies are stated in almost identical terms so that liability can be apportioned between the insurers.

concurrent power

See POWER.

concurrent remedy

One of two or more legal actions available to redress a wrong.

concurrent resolution

See RESOLUTION (1).

concurrent sentences

Two or more sentences of jail time to be served simultaneously. * For example, if a defendant receives concurrent sentences of 5 years and 15 years, the total amount of jail time is 15 years.

concurrent tortfeasors

See TORTFEASOR.

concurrent writ

A duplicate of an original writ (esp. a summons), issued either at the same time as the original writ or at any time while the original writ is valid.

concurrent-sentence doctrine

The principle that an appellate court affirming a conviction and sentence need not hear a challenge to a conviction on another count if the conviction on the other count carries a sentence that is equal to or less than the affirmed conviction.

concurring opinion

See CONCURRENCE (3).

concurring opinion.