entertain, vb. 1. To bear in mind or consider; esp., to give judicial consideration to (the court then entertained motions for continuance). 2. To amuse or please. 3. To receive (a person) as a guest or provide hospitality to (a person). 4. Parliamentary law. To recognize and state (a motion); to receive and take into […]
protestation (prot-[schwa]-stay-sh[schwa]n). 1. Common-law pleading. A declaration by which a party makes an oblique allegation or denial of some fact, claiming that it does or does not exist or is or is not legally sufficient, while not directly affirming or denying the fact. [Cases: Pleading 128.] “The practice of protestation of facts not denied arose
One of two or more counts in a pleading, each of which states a different cause of action. [Cases: Pleading 50, 53. C.J.S. Pleading §§ 147–148, 150.]
ad libitum (ad lib-i-t[schwa]m), adv. [Law Latin] At pleasure. • The modern term ad-lib (adj. & vb.), borrowed from drama and music, is essentially the same; it means “at the performer’s pleasure,” and allows the performer discretion in innovating a part impromptu. “[B]ut in actions where the damages are precarious, being to be assessed ad
A defensive pleading asserting that no legal remedy exists for the plaintiff’s alleged injury, that res judicata or prescription bars the claim, or that an indispensable party has not been included in the litigation. [Cases: Pleading 228.8.]
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lay, adj. 1. Not ecclesiastical; nonclerical. 2. Not expert, esp. with reference to law or medicine; nonprofessional. lay, n. Maritime law. A share of the profits of a fishing or whaling trip, akin to wages, allotted to the officers and seamen. [Cases: Seamen 28. C.J.S. Seamen §§ 109–112.] lay, vb. To allege or assert. “The
ac etiam (ak ee-shee-[schwa]m oresh-ee-[schwa]m). [Law Latin] Common-law pleading. 1. And also. • These words introduced a genuine claim in a pleading in a common-law case in which a fictitious claim had to be alleged to give the court jurisdiction. In other words, the phrase ac etiam directed the court to the real cause of
Equity pleading. In an original bill, the denial of defensive matters that the defendant might assert. • A defendant who relies on the anticipated defense must traverse the anticipatory matter in addition to setting up the defense. [Cases: Equity 133.]
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counter. Hist. An advocate or professional pleader; one who counts (i.e., orally recites) for a client. • Counters had coalesced into an identifiable group practicing before the Common Bench by the beginning of the 13th century. They were the leaders of the medieval legal profession, and over time came to be known as serjeants-at-law. —
Durham (d[schwa]r-[schwa]m). One of the three remaining county palatines in England, the others being Chester and Lancaster. • Its jurisdiction was vested in the Bishop of Durham until the statute 6 & 7 Will. 4, ch. 19 vested it as a separate franchise and royalty in the Crown. The jurisdiction of the Durham Court of