bill of particulars. A formal, detailed statement of the claims or charges brought by a plaintiff or a prosecutor, usu. filed in response to the defendant’s request for a more specific complaint. • The bill of particulars has been abolished in federal civil actions and replaced by the motion for a more definite statement. See […]
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An amendment, usu. to pleadings, that a party has a statutory right to apply for without the court’s permission.
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serjeant-at-law. Hist. English law. A barrister of superior grade; one who had achieved the highest degree of the legal profession, having (until 1846) the exclusive privilege of practicing in the Court of Common Pleas. • Every judge of the common-law courts was required to be a serjeant-at-law until the Judicature Act of 1873. The rank
well-knowing, adj. Intentional (a well-knowing act or omission). • This term was formerly used in a pleading to allege scienter. See SCIENTER.
A response that puts in issue all the material assertions of a complaint or petition. — Also termed general plea. [Cases: Federal Civil Procedure 742; Pleading 123. C.J.S. Pleading § 187.]
ad damnum clause (ad dam-n[schwa]m). [Latin “to the damage”] A clause in a prayer for relief stating the amount of damages claimed. See PRAYER FOR RELIEF . [Cases: Federal Civil Procedure 679; Pleading 72. C.J.S. Pleading §§ 110–115.] “Where the amount the plaintiff is entitled to recover appears from the statement of facts — as
Lord Chief Justice of England. The chief judge of the Queen’s Bench Division of the High Court of Justice. • The Lord Chief Justice also serves on the Court of Appeal, and ranks second only to the Lord Chancellor in the English judicial hierarchy. — Formerly termed Chief Justice of England. Cf. CHIEF JUSTICE OF
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objection in point of law. A defensive pleading by which the defendant admits the facts alleged by the plaintiff but objects that they do not make out a legal claim. See DEMURRER. [Cases: Pleading 351. C.J.S. Pleading §§ 624–625.]
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rebutter. 1. Common-law pleading. The defendant’s answer to a plaintiff’s surrejoinder; the pleading that followed the rejoinder and surrejoinder, and that might in turn be answered by the surrebutter. [Cases: Pleading 185.] 2. One who rebuts.
Custos Brevium (k[schwa]s-tahs bree-vee-[schwa]m). [Law Latin “keeper of the writs”] Hist. A clerk who receives and files the writs returnable to the Courts of King’s Bench and Common Pleas. • The office was abolished in 1837. — Also termed Keeper of the Briefs.