relation back, n. 1. The doctrine that an act done at a later time is, under certain circumstances, treated as though it occurred at an earlier time. • In federal civil procedure, an amended pleading may relate back, for purposes of the statute of limitations, to the time when the original pleading was filed. Fed. […]
A confession in which the person does not plead guilty but invokes the mercy of the court and asks for a light sentence.
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A plaintiff’s not having alleged facts in the complaint sufficient to maintain a claim. • This failure warrants dismissal of the complaint. [Cases: Pleading 48. C.J.S. Pleading §§ 116–124, 132–133.]
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ope exceptionis (oh-pee ek-sep-shee-oh-nis). [Latin “by force of exception”] Hist. In a civil case, a plea asserting a peremptory exception that a document on which the action is based is void.
jus tertii (j[schwa]s t[schwa]r-shee-I), n. [Latin] 1. The right of a third party. [Cases: Action 13; Federal Civil Procedure 103. 4. C.J.S. Actions §§ 57–63.] “[N]o defendant in an action of trespass can plead the jus tertii — the right of possession outstanding in some third person — as against the fact of possession in
jurisdiction clause. 1. At law, a statement in a pleading that sets forth the court’s jurisdiction to act in the case. — Also termed jurisdictional statement. 2. Equity practice. The part of the bill intended to show that the court has jurisdiction, usu. by an averment that adequate relief is unavailable outside equitable channels.
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arrest of judgment. The staying of a judgment after its entry; esp., a court’s refusal to render or enforce a judgment because of a defect apparent from the record. • At common law, courts have the power to arrest judgment for intrinsic causes appearing on the record, as when the verdict differs materially from the
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emotional distress. A highly unpleasant mental reaction (such as anguish, grief, fright, humiliation, or fury) that results from another person’s conduct; emotional pain and suffering. • Emotional distress, when severe enough, can form a basis for the recovery of tort damages. — Also termed emotional harm; mental anguish; mental distress; mental suffering. See INTENTIONAL INFLICTION
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durante bene placito (d[y][schwa]-ran-tee bee-nee plas-[schwa]-toh). [Law Latin] During good pleasure. • This phrase was used in the royal writ granting tenure durante bene placito to the king’s judges.
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service, n. 1. The formal delivery of a writ, summons, or other legal process ( after three attempts, service still had not been accomplished). — Also termed service of process. [Cases: Federal Civil Procedure 411–518; Process 48–150. C.J.S. Process §§ 26–91.] 2. The formal delivery of some other legal notice, such as a pleading (be