diversity, n. 1. DIVERSITY OF CITIZENSHIP. 2. Ethnic, socioeconomic, and gender heterogeneity within a group; the combination within a population of people with different backgrounds. • The Supreme Court has found diversity in education to be a compelling government interest that can support a narrowly tailored affirmative-action plan. Grutter v. Bollinger, 123 S.Ct. 2325 (2003). […]
want of amicable demand. Louisiana law. A defensive pleading by a defendant who seeks to avoid, delay, or defeat the plaintiff’s petition. • A defendant may (1) refuse to participate in the suit (a declinatory exception), (2) seek to delay the litigation in the suit (a dilatory exception), or (3) seek to dismiss or defeat
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Several separate causes of action or charged offenses contained in a single pleading or indictment. [Cases: Pleading 50. C.J.S. Pleading §§ 147–148.]
Civil law. A plea by which a defendant asserts any claim that it has against the plaintiff, or any offset against the plaintiff’s claim. • This plea is similar to the common-law counterclaim. La. Code Civ. Proc. 1061 et seq. — Also termed demand in reconvention.
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gratia mandatarii (gray-shee-[schwa] man-d[schwa]-tair-ee-I). [Latin] Hist. For the sake of the man-datory. • The phrase appeared in reference to the irrevocability of a mandate given solely for the mandatory’s benefit. “Gratia mandatarii …. In the general case, a mandate, being for the benefit of the mandant, may be recalled by him at pleasure. Mandates, however,
non tenuit (non ten-yuu-wit). [Latin] In an action of replevin, the plaintiff’s plea in bar to the defendant’s assertion of a rightful taking of property (avowry), whereby the plaintiff denies holding the property in the manner and form alleged. [Cases: Replevin 64.]
respondere non debet (ri-spon-d[schwa]-ree non deb-[schwa]t). [Latin] Common-law pleading. The prayer of a plea in which the defendant insists that he or she does not have to answer — because of a privilege, for example.
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lex regia (leks ree-jee-[schwa]). [Latin “royal law”] Roman law. A law ostensibly enacted by the Roman people granting wide legislative and executive powers to the emperor, later interpreted as providing that the emperor was a source of law, the emperor had full legislative powers, and the emperor’s will or pleasure had the full force of
placitum nominatum (plas-[schwa]-t[schwa]m nom-[schwa]-nay-t[schwa]m). [Law Latin] Hist. The day appointed for a defendant to appear and plead.
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peine forte et dure (pen for tay doororpayn fort ay dyoor). [French “strong and hard punishment”] Hist. The punishment of an alleged felon who refused to plead, consisting of pressing or crushing the person’s body under heavy weights until the accused either pleaded or died. “In all other felonies, however, the punishment of peine forte
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