cross-claim, n. A claim asserted between codefendants or coplaintiffs in a case and that relates to the subject of the original claim or counterclaim. See Fed. R. Civ. P. 13(g). — Also termed cross-action; cross-suit. Cf. COUN-TERCLAIM. [Cases: Federal Civil Procedure 786; Pleading 147, 148, 149; Set-off and Counterclaim 10.] — cross-claim, vb. — cross-claimant, […]
scandal. 1. Disgraceful, shameful, or degrading acts or conduct. 2. Defamatory reports or rumors; esp., slander. See SCANDALOUS MATTER. “Scandal consists in the allegation of anything which is unbecoming the dignity of the court to hear, or is contrary to decency or good manners, or which charges some person with a crime not necessary to
on or about. Approximately; at or around the time specified. • This language is used in pleading to prevent a variance between the pleading and the proof, usu. when there is any uncertainty about the exact date of a pivotal event. When used in nonpleading contexts, the phrase is mere jargon.
arbitrament and award. A plea that the same matter has already been decided in arbitration. [Cases: Arbitration 81–82. C.J.S. Arbitration §§ 124–129, 148, 150–155.]
arbitrament and award Read More »
entry on the roll. Hist. 1. A clerk’s notation on a parchment roll of the proceedings and issues in a particular case. • Before parties began submitting written pleadings, they would appear (in person or through counsel) in open court and state their respective contentions orally until they settled on the issue or precise point
conclusion, n. 1. The final part of a speech or writing (such as a jury argument or a pleading). 2. A judgment arrived at by reasoning; an inferential statement. 3. The closing, settling, or final arranging of a treaty, contract, deal, etc. See OPINION(2). 4. Archaic. An act by which one estops oneself from doing
enter, vb. 1. To come or go into; esp., to go onto (real property) by right of entry so as to take possession (the landlord entered the defaulting tenant’s premises). 2. To put formally before a court or on the record (the defendant entered a plea of no contest). 3. To become a party to
nonsuit, n. 1. A plaintiff’s voluntary dismissal of a case or of a defendant, without a decision on the merits. • Under the Federal Rules of Civil Procedure, a voluntary dismissal is equivalent to a nonsuit. Fed. R. Civ. P. 41(a). — Also termed voluntary discontinuance. [Cases: Federal Civil Procedure 1691; Pretrial Procedure 501. C.J.S.
plaideur (play- or ple-d[schwa]r), n. [Law French “pleader”] Archaic. An attorney at law; an advocate.