A preferential setting on a court’s calendar, usu. reserved for older cases or cases given priority by law, made either on a party’s motion or on the court’s own motion. • For example, some jurisdictions authorize a special setting for cases involving a party over the age of 70. — Also termed special trial setting; […]
A calendar marked with court cases that have been specially set for hearing or trial. See special setting under SETTING. [Cases: Trial 13. C.J.S. Trial §§ 77, 81–90.]
setting, n. The date and time established by a court for a trial or hearing ( the plaintiff sought a continuance of the imminent setting). [Cases: Federal Civil Procedure 1991; Trial 6, 9. C.J.S. Trial §§ 31–38, 60.] special setting. A preferential setting on a court’s calendar, usu. reserved for older cases or cases given
special pleading. 1. The common-law system of pleading that required the parties to exchange a series of court papers (such as replications, rebutters, and surrebutters) setting out their contentions in accordance with hypertechnical rules before a case could be tried. • Often, therefore, cases were decided on points of pleading and not on the merits.
malitia (m[schwa]-lish-ee-[schwa]). [Latin “malice”] Hist. An actual evil design; express malice. • Malitia originally signified general wrongdoing, and did not describe a wrongdoer’s state of mind; malitia praecogitata, for example, indicated only the seriousness of the offense, though it was eventually rendered malice aforethought. malitia capitalis (m[schwa]-lish-ee-[schwa] kap-i-tay-lis). [Latin] Hist. Deadly malice. malitia excogitata (eks-koj-[schwa]-tay-t[schwa]).
replication (rep-l[schwa]-kay-sh[schwa]n). A plaintiff’s or complainant’s reply to a defendant’s plea or answer; REPLY(2). [Cases: Pleading 162. C.J.S. Pleading §§ 209, 219.] anticipatory replication. Equity pleading. In an original bill, the denial of defensive matters that the defendant might assert. • A defendant who relies on the anticipated defense must traverse the anticipatory matter in
mainstreaming. The practice of educating a disabled student in a class with students who are not disabled, in a regular-education setting, as opposed to a special-education one. Cf. LEAST-RESTRICTIVE ENVIRONMENT. [Cases: Schools 154(2). C.J.S. Schools and School Districts §§ 716, 718–719.]
colloquium (k[schwa]-loh-kwee-[schwa]m). 1. The offer of extrinsic evidence to show that an allegedly defamatory statement referred to the plaintiff even though it did not explicitly mention the plaintiff. [Cases: Libel and Slander 82. C.J.S. Libel and Slander; Injurious Falsehood§§ 4, 129, 137.] 2. The introductory averments in a plaintiff’s pleading setting out all the special
adjournment ([schwa]-j[schwa]rn-m[schwa]nt), n. 1. The act of adjourning; specif., a putting off of a court session or other meeting or assembly until a later time. See ADJOURN. adjournment sine die ([schwa]-j[schwa]rn-m[schwa]nt sI-nee [or sin-ay] dI-ee). The ending of a deliberative assembly’s or court’s session without setting a time to reconvene. — Also termed adjournment without
agenda. A list of things to be done, as items to be considered at a meeting, usu. arranged in order of consideration. — Also termed calendar; calendar of business; order of business. Cf. PROGRAM(1). consent agenda. See consent calendar under CALENDAR(4). debate agenda. See debate calendar under CALENDAR(4). final agenda. An agenda that a deliberative