demonstratio (dem-[schwa]n-stray-shee-oh), n. [fr. Latin demonstrare “to show”] Roman law. 1. A description, as in falsa demonstratio (a false description of something or someone in a will). 2. Under the formulary procedure, the statement of facts in a formula, forming the basis of a claim. Pl. demonstrationes (dem-[schwa]n-stray-shee-oh-neez). See FORMULA(1).
A privilege protecting the attorneys and parties in a lawsuit from defamation claims arising from statements made in the course of the suit. [Cases: Libel and Slander 38. C.J.S. Libel and Slander; Injurious Falsehood § 71.]
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Defamation. A defendant’s plea claiming that the statements complained of are factual and that, to the extent that they consist of comment, they are fair comment on a matter of public interest. See FAIR COMMENT. [Cases: Libel and Slander 48(1), 93, 94. C.J.S. Libel and Slander; Injurious Falsehood §§ 91–92, 96, 98, 102–104, 150–151.]
malicious prosecution. 1. The institution of a criminal or civil proceeding for an improper purpose and without probable cause. • The tort requires an adversary to prove four elements: (1) the initiation or continuation of a lawsuit; (2) lack of probable cause; (3) malice; and (4) favorable termination of the lawsuit. Restatement (Second) of Torts
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estoppel certificate. 1. A signed statement by a party (such as a tenant or a mortgagee) certifying for another’s benefit that certain facts are correct, as that a lease exists, that there are no defaults, and that rent is paid to a certain date. • A party’s delivery of this statement estops that party from
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