de estrepamento (dee e-strep-[schwa]-men-toh), n. [Law Latin “of enstrepment”] Hist. A writ to prevent waste by a tenant while a suit to recover the land is pending against the tenant. • Because this writ was only auxiliary to a real action to recover land, and because equity afforded the same relief by injunction, the writ […]
laches (lach-iz). [Law French “remissness; slackness”] 1. Unreasonable delay in pursuing a right or claim — almost always an equitable one — in a way that prejudices the party against whom relief is sought. — Also termed sleeping on rights. “Early in its history, Chancery developed the doctrine that where the plaintiff in equity delayed
A court’s jurisdiction to adjudicate claims and proceedings related to a claim that is properly before the court. • For example, if a plaintiff brings a lawsuit in federal court based on a federal question (such as a claim under Title VII), the defendant may assert a counterclaim over which the court would not otherwise
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circuity of action. A procedure allowing duplicative lawsuits, leading to unnecessarily lengthy and indirect liti-gation, as when a defendant fails to bring a counterclaim, but later brings a separate action to recover what could have been awarded in the original lawsuit. • Civil-procedure rules have eliminated many problems associated with circuity of action. [Cases: Equity
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An equitable plea that affirmatively alleges new matters that are outside the bill. • If proved, the effect is to end the controversy by dismissing, delaying, or barring the suit. A pure plea must track the allegations of the bill, not evade it or mistake its purpose. Originally, this was the only plea known in