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Prescription

Legal Definition and Related Resources of Prescription

Meaning of Prescription

A direction of a remedy or remedies for a disease and the manner of using the remedies. Also, a formula for the preparation of a drug or medicine. In real property law, the term denotes a right , immunity or obligation acquired or incurred by reason of lapse of time. The term is applied to incorporeal hereditaments and rights or obligations connected with the use of land to signify that the same has been enjoyed as of right, and without interruption and openly and peacefully for a certain period of time prescribed by Statutes. One of the principal modes by which easements, profits a prendre are created or evidenced. The principle behind the acquisition or loss of a right by prescription is the presumption that he who has had a quiet and uninterrupted possession of anything for a long period of time is supposed to have a just right without which he would not have been suffered to continue in the enjoyment of it. See lost grant . Corporations by prescription are those which have existed beyond the memory of man and therefore are looked upon in law to be well created, such as the City of London, England.

Prescription Alternative Definition

A mode of acquiring title to incorporeal hereditaments by immemorial or long-continued enjoyment. The distinction between a prescription and a custom is that a custom is a local usage, and not annexed to a person. A prescription is a personal usage, confined to the claimant and his ancestors or grantors. The theory of prescription was that the right claimed must have been enjoyed beyond the period of the memory of man, which for a long time, in England, went back to the time of Richard I. To avoid the necessity of proof of such long duration, a custom arose of allowing a presumption of a grant on proof of usage for a long term of years. In modern practice, the period of legal limitation for adverse possession of lands is generally adopted. 100 N. Y. 455. To acquire title by prescription, the user must be adverse (117 111. 532), exclusive (7 Mete. [Mass.] 33), peaceable (31 N. J. Eq. 706), notorious (7 Allen [Mass.] 368), and continuous (2 Cush. [Mass.] 191).

Synonyms of Prescription

(Claim of title), noun

  • authority
  • claim
  • inalienable right
  • interest
  • license
  • prerogative
  • right
  • vested interest
  • vested right Associated Concepts: adverse possession
  • easement by prescription
  • right by prescription
  • title by prescriptionforeign phrases: Praescriptio et executio non pertinent ad valorem contractus
  • set ad tempus etmodum actionis instituendae
  • Prescription and execution do not affect the validity of the contract
  • but the time and manner of instituting an action
  • Usucapio constituta est ut aliquis litium finis esset
  • Prescription was established so that there be an end to lawsuits
  • Nihilpraescribiturnisi quod possidetur
  • There is no prescription for that which is not possessed
  • Interruptio multiplex non tollit praescriptionemsemelobtentam
  • Frequent interruptions do not defeat a prescription once obtained
  • Praescriptio est titulus ex usu et tempore substantiam capiens ab auctoritate legis
  • Prescription is a title by authority of law
  • deriving its force from use and time

(Custom), noun

  • convention
  • conventional usage
  • fashion
  • habit
  • institution
  • observance
  • practice
  • precedent
  • tradition
  • usage
  • use

(Directive), noun

  • act
  • authority
  • axiom
  • canon
  • charge
  • command
  • decree
  • dictate
  • direction
  • doctrine
  • edict
  • enactment
  • formula
  • formulary
  • injunction
  • instruction
  • law
  • maxim
  • measure
  • order
  • ordinance
  • precept
  • prescript
  • principle
  • proposal
  • regulation
  • rubric
  • rule
  • ruling
  • statute
  • theorem

Related Entries of Prescription in the Encyclopedia of Law Project

Browse or run a search for Prescription in the American Encyclopedia of Law, the Asian Encyclopedia of Law, the European Encyclopedia of Law, the UK Encyclopedia of Law or the Latin American and Spanish Encyclopedia of Law.

Prescription in Historical Law

You might be interested in the historical meaning of this term. Browse or search for Prescription in Historical Law in the Encyclopedia of Law.

Legal Abbreviations and Acronyms

Search for legal acronyms and/or abbreviations containing Prescription in the Legal Abbreviations and Acronyms Dictionary.

Related Legal Terms

You might be also interested in these legal terms:

Mentioned in these terms

Compound, Easement, Interruption, Limitation Of Actions, Lost Grant, Secta.

Browse

You might be interested in these references tools:

Resource Description
Prescription in the Dictionary Prescription in our legal dictionaries
Browse the Legal Thesaurus Find synonyms and related words of Prescription
Legal Maxims Maxims are established principles that jurists use as interpretive tools, invoked more frequently in international law
Legal Answers (Q&A) A community-driven knowledge creation process, of enduring value to a broad audience
Related topics Prescription in the World Encyclopedia of Law

Notice

This definition of Prescription is based on the The Cyclopedic Law Dictionary . This entry needs to be proofread.

Vocabularies (Semantic Web Information)

Resource Description
Topic Map A group of names, occurrences and associations
Topic Tree A topic display format, showing the hierarchy
Sitemap Index Sitemap Index, including Taxonomies
https://legaldictionary.lawin.org/prescription/ The URI of Prescription (more about URIs)

Prescription in Law Enforcement

Main Entry: Law Enforcement in the Legal Dictionary. This section provides, in the context of Law Enforcement, a partial definition of prescription.

Grammar

This term is a noun.

Etimology of Prescription

(You may find prescription at the world legal encyclopedia and the etimology of more terms).

late 14c., in law, “the right to something through long use,” from Old French prescription (13c.) and directly from Latin praescriptionem (nominative praescriptio) “a writing before, order, direction,” noun of action from past participle stem of praescribere “write before, prefix in writing; ordain, determine in advance,” from prae “before” (see pre-) + scribere “to write” (see script; this term is also a noun.). Medical sense of “written directions from a doctor” first recorded 1570s.

Resources

See Also

  • Law Enforcement Officer
  • Police
  • Law Enforcement Agency

Further Reading

Legal Usage of Prescription in English

An European Commission document offers the following explanation about the misused of Prescription:Although the legal term ‘prescription’, meaning ‘the limitation of time beyond which an action, debt, or crime is no longer valid or enforceable’ is commonly used in Scottish law, the State of Louisiana and possibly Quebec, it is little known with this meaning in the rest of the English-speaking world. It is a convenient term, but unfortunately not one that most English speakers would understand.

Examples ‘During the period of the stay, the party who has seised (sic) the court in the Member State shall not lose the benefit of interruption of prescription or limitation periods provided for under the law of that Member State136.’ ‘Thus, inter alia, a uniform method for calculating the prescription is used, the starting point being the date on which the continuing infringement ceased, and the penalty to be imposed on each participant is only in respect of the whole of its unlawful conduct137.’

Alternatives

Generally speaking, ‘limitation’. A ‘statute of limitations’ is said to apply: we can say, for

Example

that there is a ‘three-year statute of limitations’, ‘three-year limitation of action’, ‘three-year time-bar’ or ‘three-year limitation period’; if it is too late to pursue an action, we can say that ‘the statute of limitations has run out’; if a debt can no longer be collected, we can talk of a ‘time-barred’ claim or offence. The terms ‘stale claim’ and ‘stale offence’ are rather nice, but less well-known.

Resources

Further Reading

  • David Mellinkoff, “Mellinkoff’s Dictionary of American Legal Usage”, West Publishing Company, 1992
  • Bryan A. Garner, “A Dictionary of Modern Legal Usage”, West Publishing Company, 1995

Concept of Prescription in the context of Real Property

A short definition of Prescription: Written before.

Concept of Prescription in the context of Real Property

A short definition of Prescription: Written before.

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