GIVING IN PAYMENT

giving in payment.Civil law. The act of discharging a debt by giving something to the creditor (with the creditor’s consent) other than what was originally called for. La. Civ. Code art. • The phrase is a translation of the French dation en paiement and derives from the Roman datio in solutum. See DATION EN PAIEMENT.…

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GIVE WAY

give way,vb. Maritime law. (Of a vessel) to deviate from a course, or to slow down, in accordance with navigation rules, so that a second vessel may pass without altering its course. [Cases: Collision 29, 37. C.J.S. Collision §§ 4, 41, 43.] [Blacks Law 8th]

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GIVE, DEVISE, AND BEQUEATH

give, devise, and bequeath,vb. To transfer property by will <I give, devise, and bequeath all the rest, residue, and remainder of my estate to my beloved daughter Sarah>. • This wording has long been criticized as redundant. In modern usage, give ordinarily suffices. See BEQUEST. [Blacks Law 8th]

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GIVE COLOR

give color,vb. Hist. To admit, either expressly or impliedly by silence, that an opponent’s allegations appear to be meritorious. • In common-law pleading, a defendant’s plea of confession and avoidance had to give color to the plaintiff’s allegations in the complaint or the plea would be fatally defective. See COLOR(2). [Blacks Law 8th]

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GIVE BAIL

give bail,vb. To post security for one’s appearance in court <the court ordered the accused to give bail in the amount of $10,000>. — Also termed post bail. [Blacks Law 8th]

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GIVE

give,vb.1. To voluntarily transfer (property) to another without compensation <Jack gave his daughter a car on her birthday>.2. To confer by a formal act <the First Amendment gives all citizens the right to free speech>.3. To present for another to consider <the witness gave compelling testimony before the jury>.4. (Of a jury) to impose or…

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GIST

gist (jist).1. The ground or essence (of a legal action) <the gist of the crime>.2. The main point <she skimmed the brief to get the gist of it>. • This noun derives from the Law French verb giser “to lie.” See GISER. [Blacks Law 8th]

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GISETAKER

gisetaker (jIs- orjIz-tay-k<<schwa>>r).Archaic. See AGISTER. [Blacks Law 8th]

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GISER

giser (jI-s<<schwa>>r), vb.[Law French] Hist. (Of an action) to lie; to be capable of being brought as a suit in court. • This verb, in its inflected form gist, appeared in such phrases as ou assise ne gist point (“when an assise does not lie”), le action bien gist (“the action well lies”), gist en…

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