son assault demesne (sohn [schwa]-sawlt di-mayn). [French “his own assault”] The plea of self-defense in a tort action, by which the defendant alleges that the plaintiff originally engaged in an assault and that the defendant used only the force necessary to repel the plaintiff’s assault and to protect person and property. See SELF-DEFENSE.
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partes finis nihil habuerunt (pahr-teez fI-nis nI-hil hab-yoo-eer-[schwa]nt). [Law Latin “the parties to the fine had nothing”] Hist. A plea to set aside a conveyance of land on grounds that the transferor did not have a sufficient ownership interest in the property to alienate it. “Yet where a stranger… officiously interferes in an estate which
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comparuit ad diem (k[schwa]m-pair-oo-wit ad dI-[schwa]m), n. [Latin “he appeared to the day”] Hist. A plea averring that the defendant appeared in court as required and did not forfeit the bail bond.
barrister (bar-is-t[schwa]r), n. In England or Northern Ireland, a lawyer who is admitted to plead at the bar and who may argue cases in superior courts. • In many other Commonwealth nations, the legal profession is similarly divided into barristers and solicitors. Cf. SOLICITOR(4). — barristerial (bar-[ schwa]-steer-ee-[schwa]l), adj. inner barrister. 1. QUEEN’S COUNSEL. 2.
business-judgment rule. Corporations. The presumption that in making business decisions not involving direct self-interest or self-dealing, corporate directors act on an informed basis, in good faith, and in the honest belief that their actions are in the corporation’s best interest. • The rule shields directors and officers from liability for unprofitable or harmful corporate transactions
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praecipe (pree-s[schwa]-pee orpres-[schwa]-pee), n. [Latin “command”] 1. At common law, a writ ordering a defendant to do some act or to explain why inaction is appropriate. — Also termed writ of praecipe. 2. A written motion or request seeking some court action, esp. a trial setting or an entry of judgment. — Also spelled precipe.
communia placita non tenenda in scaccario (k[schwa]-myoo-nee-[schwa]plas-[schwa]-t[schwa] non t[schwa]-nen-d[schwa] in sk[schwa]-kair-ee-oh). [Law Latin “common pleas are not held in the Exchequer”] Hist. A writ directed to the Treasurer and Barons of the Exchequer, forbidding them from holding pleas between common persons, i.e., pleas in which the Crown was not a party.
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motion for more definite statement. A party’s request that the court require an opponent to amend a vague or ambiguous pleading to which the party cannot reasonably be required to respond. Fed. R. Civ. P. 12(e). — Also termed motion for a more definite statement. [Cases: Federal Civil Procedure 957; Pleading 367. C.J.S. Pleading §
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uncore prist ([schwa]n[g]-kor prist). [Law French “still ready”] Hist. A plea by which a party alleges readiness to pay or perform what is justly demanded. “Yet sometimes, after tender and refusal of a debt, if the creditor harasses his debtor with an action, it then becomes necessary for the defendant to acknowledge the debt, and
serve, vb. 1. To make legal delivery of (a notice or process) (a copy of the pleading was served on all interested parties). 2. To present (a person) with a notice or process as required by law (the defendant was served with process). [Cases: Federal Civil Procedure 411; Process 48. C.J.S. Process §§ 26, 33,