answer, n. 1. A defendant’s first pleading that addresses the merits of the case, usu. by denying the plaintiff’s allegations. • An answer usu. sets forth the defendant’s defenses and counterclaims. [Cases: Pleading 76–87. C.J.S. Pleading §§ 159–162, 164, 168–173.] false answer. A sham answer in a pleading. See sham pleading under PLEADING (1). [Cases: […]
The negligence of the defendant when, after the defendant’s initial negligence and the plaintiff’s contributory negligence, the defendant discovers — or should have discovered — that the plaintiff was in a position of danger and fails to exercise due care in preventing the plaintiff’s injuries. — Also termed supervening negligence. See LAST-CLEAR-CHANCE DOCTRINE. [Cases: Negligence
subsequent negligence Read More »
deadlock, n. 1. A state of inaction resulting from opposition, a lack of compromise or resolution, or a failure of election. See tie vote under VOTE (3). 2. Corporations. The blocking of corporate action by one or more factions of shareholders or directors who disagree about a significant aspect of corporate policy. [Cases: Corporations 553(5),
amercement ([schwa]-m[schwa]rs-m[schwa]nt), n. [fr. Law French estre à merci “to be at the mercy (of another),” fr. Latin merces “payment”] 1. The imposition of a discretionary fine or penalty by a court, esp. on an official for misconduct (an amercement proceeding). 2. The fine or penalty so imposed (an amercement charged to the sheriff for
lex commissoria (leks kom-i-sor-ee-a). [Latin “forfeiture clause” or “cancellation clause”] Roman law. 1. A term in a contract of sale allowing the seller to rescind the sale if the price was not paid by the agreed time. 2. A clause by which, in a pledge agreement, a debtor and creditor could agree that if the
subpoena (s[schwa]-pee-n[schwa]), n. [Latin “under penalty”] A writ commanding a person to appear before a court or other tribunal, subject to a penalty for failing to comply. — Also spelled subpena. [Cases: Witnesses 7. C.J.S. Witnesses §§ 20–22, 25.] Pl. subpoenas. alias subpoena (ay-lee-[schwa]s s[schwa]-pee-n[schwa]). A subpoena issued after an initial subpoena has failed. deposition