cepi (see-pI). [Latin] Hist. I have taken. • Cepi was often used in a capias return by an arresting sheriff, as in cepi corpus et est in custodia (“I have taken the defendant [or body] and he is in custody”). “But for injuries committed with force to the person, property, or possession, of the plaintiff, […]
complainant (k[schwa]m-playn-[schwa]nt). 1. The party who brings a legal complaint against another; esp., the plaintiff in a court of equity or, more modernly, a civil suit. “A suit in equity, under the procedure of the English Court of Chancery, which was generally adopted in the American States prior to the code, is instituted by the
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:
notice to appear. A summons or writ by which a person is cited to appear in court. • This is an informal phrase sometimes used to refer to the summons or other initial process by which a person is notified of a lawsuit. The Federal Rules of Civil Procedure require the summons to state that
vouching-in. 1. At common law, a procedural device by which a defendant may give notice of suit to a third party who may be liable over to the defendant on the subject matter of the suit, so that the third party will be bound by the court’s decision. • Although this device has been largely
jus tertii (j[schwa]s t[schwa]r-shee-I), n. [Latin] 1. The right of a third party. [Cases: Action 13; Federal Civil Procedure 103. 4. C.J.S. Actions §§ 57–63.] “[N]o defendant in an action of trespass can plead the jus tertii — the right of possession outstanding in some third person — as against the fact of possession in
emotional distress. A highly unpleasant mental reaction (such as anguish, grief, fright, humiliation, or fury) that results from another person’s conduct; emotional pain and suffering. • Emotional distress, when severe enough, can form a basis for the recovery of tort damages. — Also termed emotional harm; mental anguish; mental distress; mental suffering. See INTENTIONAL INFLICTION
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service, n. 1. The formal delivery of a writ, summons, or other legal process ( after three attempts, service still had not been accomplished). — Also termed service of process. [Cases: Federal Civil Procedure 411–518; Process 48–150. C.J.S. Process §§ 26–91.] 2. The formal delivery of some other legal notice, such as a pleading (be
son assault demesne (sohn [schwa]-sawlt di-mayn). [French “his own assault”] The plea of self-defense in a tort action, by which the defendant alleges that the plaintiff originally engaged in an assault and that the defendant used only the force necessary to repel the plaintiff’s assault and to protect person and property. See SELF-DEFENSE.
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serve, vb. 1. To make legal delivery of (a notice or process) (a copy of the pleading was served on all interested parties). 2. To present (a person) with a notice or process as required by law (the defendant was served with process). [Cases: Federal Civil Procedure 411; Process 48. C.J.S. Process §§ 26, 33,