election 音标拼音: [ɪl'ɛkʃən]
n . 选举,当选,选择权
选举,当选,选择权
election 选择
ELECT election n 1 :
a vote to select the winner of a position or political office ; "
the results of the election will be announced tonight "
2 :
the act of selecting someone or something ;
the exercise of deliberate choice ; "
her election of medicine as a profession "
3 :
the status or fact of being elected ; "
they celebrated his election "
4 :
the predestination of some individuals as objects of divine mercy (
especially as conceived by Calvinists )
Election \
E *
lec "
tion \,
n . [
F . ['
e ]
lection ,
L .
electio ,
fr .
eligere to choose out .
See {
Elect },
a .]
1 .
The act of choosing ;
choice ;
selection .
[
1913 Webster ]
2 .
The act of choosing a person to fill an office ,
or to membership in a society ,
as by ballot ,
uplifted hands ,
or viva voce ;
as ,
the election of a president or a mayor .
[
1913 Webster ]
Corruption in elections is the great enemy of freedom . --
J .
Adams .
[
1913 Webster ]
3 .
Power of choosing ;
free will ;
liberty to choose or act .
"
By his own election led to ill ." --
Daniel .
[
1913 Webster ]
4 .
Discriminating choice ;
discernment . [
Obs .]
[
1913 Webster ]
To use men with much difference and election is good . --
Bacon .
[
1913 Webster ]
5 . (
Theol .)
Divine choice ;
predestination of individuals as objects of mercy and salvation ; --
one of the "
five points "
of Calvinism .
[
1913 Webster ]
There is a remnant according to the election of grace . --
Rom .
xi .
5 .
[
1913 Webster ]
6 . (
Law )
The choice ,
made by a party ,
of two alternatives ,
by taking one of which ,
the chooser is excluded from the other .
[
1913 Webster ]
7 .
Those who are elected . [
Obs .]
[
1913 Webster ]
The election hath obtained it . --
Rom .
xi .
7 .
[
1913 Webster ]
{
To contest an election }.
See under {
Contest }.
{
To make one '
s election },
to choose .
[
1913 Webster ]
He has made his election to walk ,
in the main ,
in the old paths . --
Fitzed .
Hall .
[
1913 Webster ]
89 Moby Thesaurus words for "
election ":
Calvinism ,
accession ,
alternative ,
alternativity ,
anointing ,
anointment ,
apostolic orders ,
appointment ,
arrogation ,
assignment ,
assumption ,
authorization ,
by -
election ,
calling ,
canonization ,
caucus ,
choice ,
choosing ,
closed primary ,
co -
optation ,
co -
option ,
conferment ,
congressional election ,
consecration ,
contested election ,
coronation ,
decision ,
delegation ,
deputation ,
designation ,
determinism ,
direct primary ,
druthers ,
electing ,
empowerment ,
fatalism ,
first choice ,
free choice ,
free will ,
general election ,
holy orders ,
induction ,
installation ,
institution ,
investiture ,
legitimate succession ,
major orders ,
mandatory primary ,
minor orders ,
nomination ,
nonpartisan primary ,
open primary ,
option ,
optional primary ,
ordainment ,
orders ,
ordination ,
partisan election ,
pick ,
plebiscite ,
political election ,
poll ,
predestinarianism ,
predeterminism ,
preference ,
preference primary ,
preferment ,
preoption ,
presentation ,
presidential election ,
presidential preference primary ,
presidential primary ,
primary ,
primary election ,
reading in ,
referendum ,
runoff ,
runoff election ,
runoff primary ,
seizure ,
selection ,
succession ,
taking over ,
the pick ,
usurpation ,
volition ,
vote ,
voting ,
will ELECTION .
This term ,
in its most usual acceptation ,
signifies the choice which several persons collectively make of a person to fill an office or place .
In another sense ,
it means the choice which is made by a person having the right ,
of selecting one of two alternative contracts or rights .
Elections ,
then ,
are of men or things .
2 .-
1 .
Of men .
These are either public elections ,
or elections by companies or corporations .
3 .-
1 .
Public elections .
These should be free and uninfluenced either by hope or fear .
They are ,
therefore ,
generally made by ballot ,
except those by persons in their representative capacities ,
which are viva voce .
And to render this freedom as perfect as possible ,
electors are generally exempted from arrest in all cases ,
except treason ,
felony ,
or breach of the peace ,
during their attendance on election ,
and in going to and returning from them .
And provisions are made by law ,
in several states ,
to prevent the interference or appearance of the military on the election ground .
4 .
One of the cardinal principles on the subject of elections is ,
that the person who receives a majority or plurality of votes is the person elected .
Generally a plurality of the votes of the electors present is sufficient ;
but in some states a majority of all the votes is required .
Each elector has one vote .
5 .-
2 .
Elections by corporations or companies are made by the members ,
in such a way its their respective constitutions or charters direct .
It is usual in these cases to vote a greater or lesser number of votes in proportion as the voter has a greater or less amount of the stock of the company or corporation ,
if such corporation or company be a pecuniary institution .
And the members are frequently permitted to vote by proxy .
See 7 John .
287 ;
9 John .
147 ;
5 Cowen ,
426 ;
7 Cowen ,
153 ;
8 Cowen ,
387 ;
6 Wend .
509 ;
1 Wend .
98 .
6 .-
2 .
The election of things .
1 .
In contracts ,
when a ;
debtor is obliged ,
in an alternative obligation ,
to do one of two things ,
as to pay one hundred dollars or deliver one hundred bushels of wheat ,
he has the choice to do the one or the other ,
until the time of payment ;
he has not the choice ,
however ,
to pay a part in each .
Poth .
Obl .
part 2 ,
c .
3 ,
art .
6 ,
No .
247 ;
11 John .
59 .
Or ,
if a man sell or agree to deliver one of two articles ,
as a horse or an ox ,
he has the election till the time of delivery ;
it being a rule that "
in case an election be given of two several things ,
always be ,
which is the first agent ,
and which ought to do the first act ,
shall have the election ."
Co .
Litt .
145 ,
a ;
7 John .
465 ;
2 Bibb ,
R .
171 .
On the failure of the person who has the right to make his election in proper time ,
the right passes to the opposite party .
Co .
Litt .
145 ,
a ;
Viner ,
Abr .
Election ,
B ,
C ;
Poth .
Obl .
No .
247 ;
Bac .
Ab .
h .
t .
B ;
1 Desaus .
460 ;
Hopk .
R .
337 .
It is a maxim of law ,
that an election once made and pleaded ,
the party is concluded ,
electio semel facta ,
et placitum testatum ,
non patitur regressum .
Co .
Litt .
146 ;
11 John .
241 .
7 .-
2 .
Courts of equity have adopted the principle ,
that a person shall not be permitted to claim under any instrument ,
whether it be a deed or will ,
without giving full effect to it ,
in every respect ,
so far as such person is concerned .
This doctrine is called into exercise when a testator gives what does not belong to him ,
but to some other person ,
and gives ,
to that person some estate of his own ;
by virtue of which gift a condition is implied ,
either that he shall part with his own estate or shall not take the bounty .
9 Ves .
515 ;
10 Ves .
609 ;
13 Ves .
220 .
In such a case ,
equity will not allow the first legatee to ,
insist upon that by which he would deprive another legatee under the same will of the benefit to which he would be entitled ,
if the first legatee permitted the whole will to operate ,
and therefore compels him to make his election between his right independent of the will ,
and the benefit under it .
This principle of equity does not give the disappointed legatee the right to detain the thing itself ,
but gives a right to compensation out of something else .
2 Rop .
Leg .
378 ,
c .
23 ,
s .
1 .
In order to impose upon a party ,
claiming under a will ,
the obligation of making an election ,
the intention of the testator must be expressed ,
or clearly implied in the will itself ,
in two respects ;
first ,
to dispose of that which is not his own ;
and ,
secondly ,
that the person taking the benefit under the will should ,
take under the condition of giving effect thereto .
6 Dow .
P .
C .
179 ;
13 Ves .
174 ;
15 Ves .
390 ;
1 Bro .
C .
C .
492 ;
3 Bro .
C .
C .
255 ;
3 P .
Wms .
315 ;
1 Ves .
jr .
172 ,
335 ;
S .
C .
2 Ves .
jr .
367 ,
371 ;
3 Ves .
jr .
65 ;
Amb .
433 ;
3 Bro .
P .
C .
by Toml .
277 ;
1 B . &
Beat .
1 ;
1 McClel .
R .
424 ,
489 ,
541 .
See ,
generally ,
on this doctrine ,
Roper '
s Legacies ,
c .
23 ;
and the learned notes of Mr .
Swanston to the case Dillon v .
Parker ,
1 Swanst .
R .
394 ,
408 ;
Com .
Dig .
Appendix ,
tit .
Election ;
3 Desaus .
R .
504 ;
8 Leigh ,
R .
389 ;
Jacob ,
R .
505 ;
1 Clark &
Fin .
303 ;
1 Sim .
R .
105 ;
13 Price ,
R .
607 ;
1 McClel .
R .
439 ;
1 Y . &
C .
66 ;
2 Story ,
Eq .
Jur .
Sec .
1075 to 1135 ;
Domat ,
Lois Civ .
liv .
4 ,
tit .
2 ,
Sec .
3 ,
art .
3 ,
4 ,
5 ;
Poth .
Pand .
lib .
30 ,
t .
1 ,
n .
125 ;
Inst .
2 ,
20 ,
4 ;
Dig .
30 ,
1 ,
89 ,
7 .
8 .
There are many other cases where a party may be compelled to make an election ,
which it does not fall within the plan of this work to consider .
The reader will easily inform himself by examining the works above referred to .
9 .-
3 .
The law frequently gives several forms of action to the injured party ,
to enable him to recover his rights .
To make a proper election of the proper remedy is of great importance .
To enable the practitioner to make the best election ,
Mr .
Chitty ,
in his valuable Treatise on Pleadings ,
p .
207 ,
et seq .,
has very ably examined the subject ,
and given rules for forming a correct judgment ;
as his work is in the hands of every member of the profession ,
a reference to it here is all that is deemed necessary to say on this subject .
See also ,
Hammond on Parties to Actions ;
Brown '
s Practical Treatise on Actions at Law ,
in the 45th vol .
of the Law Library ;
U .
S .
Dig .
Actions IV .
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