claim of right. 1. Hist. A criminal plea, usu. to a theft charge, by a defendant asserting that the property was taken under the honest (but mistaken) belief that the defendant had a superior right to the property. • The claim of right could also be raised in defense against bigamy if a defendant honestly […]
Common-law pleading. A form attached to a traverse, by which the traversing party refers the issue to the proper mode of trial. [Cases: Pleading 100, 112. C.J.S. Pleading §§ 183, 764, 769.]
affidavit of no collusion 无串通宣誓书 要求提起确定竞合权利诉讼〔interpleader〕的原告提交的宣誓书，以说明其提出起诉并未与诉状中列明的任一被告串通，而完全是出于自愿以寻求法律救济。在现代诉讼中，如果原告的起诉状〔bill of complaint〕能够有效地说明不存在串通时，不再要求原告提交此种宣誓书。
affidavit of no collusion Read More »
form, n. 1. The outer shape or structure of something, as distinguished from its substance or matter (courts are generally less concerned about defects in form than defects in substance). 2. Established behavior or procedure, usu. according to custom or rule (the prosecutor followed the established form in her closing argument). 3. A model; a
coram nobis (kor-[schwa]m noh-bis). [Latin “before us”] Hist. 1. A writ of error taken from a judgment of the King’s Bench. • “Before us” refers to the sovereign, in contrast to the writ coram vobis (“before you”), which refers to any court other than King’s Bench, esp. the Court of Common Pleas. 2. A writ
allocatur (al-[schwa]-kay-t[schwa]r). [Law Latin] It is allowed. • This word formerly indicated that a writ, bill, or other pleading was allowed. It is still used today in Pennsylvania to denote permission to appeal. — Also termed allogatur. special allocatur. An allowance of a writ (such as a writ of error) that is legally required in
general imparlance 一般延期答辩 指准予被告人延迟至法庭下一次开庭时提出答辩，但不保留被告人为其利益可提出任何异议的权利，即请求延期的被告人以后不得再对法院的管辖权提出异议，或作起诉不当的答辩〔plea in abatement〕。
general imparlance Read More »
capitalis justiciarius banci (kap-i-tay-lis j[schwa]s-tish-ee-air-ee-[ schwa]s ban-sI). [Latin] Chief justice of the bench. • This phrase — which dates from the 13th century — referred to the chief justice of the Court of Common Pleas.
capitalis justiciarius banci Read More »
nul agard (n[schwa]l [schwa]-gahrd), n. [Law French “no award”] In an action to enforce an arbitration award on an arbitration bond, a plea denying the existence of the award. Cf. AGARD.
non acceptavit (non ak-sep-tay-vit). [Latin “he did not accept”] In an assumpsit action against the acceptor of a bill of exchange, the defendant’s plea denying acceptance of the bill.