pro facto (proh fak-toh). [Latin] For the fact; considered or held as fact. PRO FALSO CLAMORE SUO pro falso clamore suo (proh fal-soh [orfawl-soh] kl[schwa]-mor-ee s[y]oo-oh). [Latin “for his false claim”] A nominal amercement of a plaintiff for a false allegation, inserted in a judgment for the defendant.
A plaintiff’s disguised phrasing of a federal claim as solely a state-law claim in order to prevent a defendant from removing the case from state court to federal court. [Cases: Removal of Cases 25(1). C.J.S. Removal of Causes §§ 30, 34–37, 44, 65.]
plus petitio (pl[schwa]s p[schwa]-tish-ee-oh). [Latin “overclaim” or “claiming too much”] Roman law. A claim for more than is due; esp., the mistake of claiming more in one’s pleadings than is due. • This was fatal to the action under classical law. Under cognitio extraordinaria, however, a claimant could continue the action, but could be liable
de vasto (dee vas-toh), n. [Law Latin “of waste”] A writ allowing a reversioner or remainderman to compel a tenant for life or for years to appear and answer for the waste and resulting damage to the plaintiff’s inheritance. See WASTE (1).
deep pocket. 1. (pl.) Substantial wealth and resources (the plaintiff nonsuited the individuals and targeted the corporation with deep pockets). 2. A person or entity with substantial wealth and resources against which a claim may be made or a judgment may be taken (that national insurance company is a favorite deep pocket among plaintiff’s lawyers).
de ejectione firmae (dee ee-jek-shee-oh-nee f[schwa]r-mee). [Latin “ejectment of farm”] Hist. A writ or action of trespass to obtain the return of lands or tenements to a lessee for a term of years that had been ousted by the lessor or by a reversioner, remainderman, or stranger. • The lessee was then entitled to a
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blank bar. Hist. A plea in bar interposed by a defendant in a trespass action. • This type of plea was filed to compel the plaintiff to state exactly where the alleged trespass occurred. — Also termed common bar.
Future damages that, based on the facts pleaded and proved by the plaintiff, can reasonably be expected to occur. [Cases: Damages 25. C.J.S. Damages § 42.]
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garnishment, n. 1. A judicial proceeding in which a creditor (or potential creditor) asks the court to order a third party who is indebted to or is bailee for the debtor to turn over to the creditor any of the debtor’s property (such as wages or bank accounts) held by that third party. • A
in the premises 在文件开头部分所述的；在前文所述的 此法律用语常用于合同和原告向衡平法庭提交的诉状中；例如…wherefore plaintiff demands〔specific relief requested, such as foreclosure, injunction, etc.〕and such other and further relief as he may be entitled to in the premises的意思是「…为此原告要求所申请的终止回赎权、禁制令等特定司法救助以及在前文所述原告可以有权得到的其他司法救助」。 (→premises)