issuable defense
Common-law pleading. A plea on the merits setting forth a legal defense. Cf. issuable plea under PLEA(3).
Search Results for: PLEA
raise
raise, vb. 1. To increase in amount or value (the industry raised prices). 2. To gather or collect (the charity raised funds). 3. To bring up for discussion or consideration; to introduce or put forward (the party raised the issue in its pleading). 4. To create or establish (the person’s silence raised an inference of
new matter
A matter not previously raised by either party in the pleadings, usu. involving new issues with new facts to be proved.
munera
munera (myoo-n[schwa]r-[schwa]), n. [Law Latin “graces”] Hist. Tenancies at will; tenancies made at the grantor’s pleasure.
non accrevit infra sex annos
non accrevit infra sex annos (non [schwa]-kree-vit in-fr[schwa] seks an-ohs), n. [Latin “it did not accrue in six years”] Hist. The general pleading form for the statute-of-limitations defense.
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order of the coif
order of the coif 〈英〉高级律师阶层 对英国旧时高级律师〔serjeants-at-law〕阶层的称呼，是历史上英国律师界的最高阶层，又被称为「白帽阶层」。在19世纪中期，他们对在民诉法庭〔Court of Common Pleas〕执业具有垄断地位。1846年以后，法院根据制定法的要求向所有律师开放后，该阶层便逐渐消失了。最后一位高级律师纳撒尼尔·林德利〔Nathaniel Lindley〕是于1875年被任命的。现在的美国律师界对这一阶层的缘来知之甚少。但是法学院中出类拔萃的学生可以入选一个也称为「白帽阶层」的组织，它是一个由少数获得最高学分的学生组成的荣誉性法律团体。 (→coif)
express color
Hist. A defendant’s admission that the plaintiff has an apparent right to something coupled with an assertion that the plaintiff’s right is legally inferior to the defendant’s right to the same thing. • This pleading was typically used in cases of trespass to land by making fictitious allegations that put the plaintiff’s ownership of the
verification
verification, n. 1. A formal declaration made in the presence of an authorized officer, such as a notary public, or (in some jurisdictions) under oath but not in the presence of such an officer, whereby one swears to the truth of the statements in the document. • Traditionally, a verification is used as a conclusion
comes now
comes now. Archaic. Traditionally, the standard commencement in pleadings ( Comes now the plaintiff, Gilbert Lewis, by and through his attorneys of record, and would show unto the court the following). • For a plural subject, the phrase is come now (Come now the plaintiffs, Bob and Louise Smith). — Sometimes shortened to comes (Comes
serjeant at law
Hist. English law. A barrister of superior grade; one who had achieved the highest degree of the legal profession, having (until 1846) the exclusive privilege of practicing in the Court of Common Pleas. • Every judge of the common-law courts was required to be a serjeant-at-law until the Judicature Act of 1873. The rank was