Substitution

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substitution

n. putting one person in place of another, in particular replacement of the attorney of record in a lawsuit with another attorney (or the party acting in propria persona). (See: substitution of attorney)

Copyright © 1981-2005 by Gerald N. Hill and Kathleen T. Hill. All Right reserved.

SUBSTITUTION, civil law. In the law of devises, it is the putting of one person in the place of another, so that he may, in default of ability in the former, or after him, have the benefit of a devise or legacy.
     2. It is a species of subrogation made in two different ways; the first is direct substitution, and the latter a trust or fidei commissary substitution. The first or direct substitution, is merely the institution of a second legatee, in case the first should be either incapable or unwilling to accept the legacy; for example, if a testator should give to Peter his estate, but in case he cannot legally receive it, or he willfully refuses it, then I give it to Paul; this is a direct substitution. Fidei commissary substitution is that which takes place when the person substituted is not to receive the legacy until after the first legatee, and consequently must receive the thing bequeathed from the hands of the latter for example, I institute Peter my heir, and I request that at his death he shall deliver my succession to Paul. Merl. Repert. h.t.; 5 Toull. 14.

SUBSTITUTION, chancery practice. This takes place in a case where a creditor has a lien on two different parcels of land, and another creditor has a subsequent lien on one only of the parcels, and the prior creditor elects to have his whole demand out of the parcel of land on which the subsequent creditor takes his lien; the latter is entitled, by way of substitution, to have the prior lien assigned to him for his benefit. 1 Johns. Ch. R. 409; 2 Hawk's Rep. 623; 2 Mason, R. 342. And in a case where a bond creditor exacts the whole of the debt from one of the sureties, that surety is entitled to be substituted in his place, and to a cession of his rights and securities, as if be were a purchaser, either against the principal or his co-sureties. Id. 413; 1 Paige's R. 185; 7 John. Ch. Rep. 211; 10 Watts, R. 148.
     2. A surety on paying the debt is entitled to stand in the place of the creditor and to be subrogated to all his rights against the principal. 2 Johns. Ch. R. 454. 4 Johns. Ch. R. 123; 1 Edw. R. 164; 7 John. R. 584; 3 Paige's R. 117; 2 Call, R. 125; 2 Yerg. R. 346; 1 Gill & John. 346; 6 Rand. R. 98,; 8 Watts, R. 384. In Pennsylvania it is provided by act of assembly, that in all cases where a constable shall be entrusted with the execution of any process for the collection of money, and by neglect of duty shall fail to collect the same, by means whereof the bail or security of such constable shall be compelled to pay the amount of any judgment shall vest in the person paying, as aforesaid, the equitable interest in such judgment, and the amount due upon any such judgment may be collected in the name of the plaintiff for the use of such person. Pamphlet Laws, 1828-29, p. 370. Vide 2 Binn. R. 382, and Subrogation.

A Law Dictionary, Adapted to the Constitution and Laws of the United States. By John Bouvier. Published 1856.
References in periodicals archive ?
In conversation with Nevill Coghill, it sounds as though Lewis was more confident of the substitutionary character of Davidman's recovery and his own pain.
CONTENTS I Introduction II The Facts and Decisions Below III The Decision in the High Court A The Majority Judgments 1 Keane J 2 Crennan and Bell JJ 3 Hayne J B Gageler J's Dissent IV An Assessment of the High Courts Decision A Support for Gageler J's Approach 1 The Prima Facie Appeal of Gageler J's Analysis 2 Comparison with The Golden Victory B A Qualified Defence of the Majority's Approach 1 The Nature of the Claim That Clark Made 2 Some Unequivocal Examples of Substitutionary Court Orders 3 Substitutionary Awards and the Market Rule 4 When Do the Opposing Substitutionary Analyses Diverge?
The incapacitating effects of substitutionary government can be
The effect of the trade barrier index on FDI depends on whether the relationship between traded goods and investment goods is substitutionary or complementary.
Here the Son clearly speaks of his substitutionary atonement for sinful humanity.
The lower casino tax to complement the tourism industry (and tourism based taxes) must therefore be balanced against the increased substitutionary effects on the more heavily taxed lottery industry.
"As Alabama Baptists seek to be true to Scripture, we affirm the essential and historic Christian doctrine of substitutionary atonement," they wrote, referring to the doctrine that Jesus died as a substitute for humankind.
In general, the basis for the empirical work on OFDI-trade relationships is determining whether these two macroeconomic variables are complementary or substitutionary. Broadly speaking, the empirical evidence is mixed.
From a Christian perspective, righteousness is a characteristic of God that can be attributed to human beings only through the substitutionary sacrifice of Jesus Christ (Galatians 3:1-14).
Time to ask heaven remission for what's past; (1.3.126-30) In this response, Luke channels the theological meanings of substitutionary satisfaction, liberty outside of one's own "merit." However, Massinger puts this language of Protestant orthodoxy in the voice of a character who does anything but turn from "what's past." Somewhat more than implicitly, Massinger calls into question Reformational soteriology, or at least the ethical effectiveness of the commonplace faith-versus-works binary framework.
While the lessons might lead some to other kinds of atonement understandings, the most popular of which is the theory of substitutionary atonement (Jesus takes the punishment that we deserve), none of these are finally as satisfying as the understanding that we find God precisely where God cannot be, in our own weakness and death.
A: This is the same crowd that takes pleasure at blaspheming Jesus Christ and the Virgin Mary, and the substitutionary atonement of Christ at Calvary in the orthodox Christian understanding.