apex juris
apex juris (ay-peks joor-is). [Latin “summit of law”] An extreme point or subtlety of law, such as a merely technical objection in pleading or an extreme interpretation of a doctrine. Cf. APICES LITIGANDI.
Search Results for: PLEA
not guilty
not guilty 无罪 １刑事被告人认为自己无罪时所作的答辩。被告如不作答辩，法院亦认为其作了无罪的答辩。２陪审团认为证据不足以确定被告人有罪时所作「无罪裁断」〔verdict of not guilty〕的用语。 (→plea of not guilty；verdict of not guilty)
placitare
placitare (plas-[schwa]-tair-ee), vb. [Law Latin] To plead; to bring an action in a court of law.
quominus
quominus (kwoh-m[schwa]-n[schwa]s or kwoh-mI-n[schwa]s). [Latin quo minus “by which the less”] Hist. A 14th-century Exchequer writ alleging that the plaintiff had lent the defendant a sum of money and that the plaintiff was unable to repay a debt of similar amount to the Crown because of the debt to the defendant. • In effect, the
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 § 685.]
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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 pleadings or when
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false answer
A sham answer in a pleading. See sham pleading under PLEADING (1). [Cases: Pleading 359. C.J.S. Pleading §§ 653–654.]
cognizance
cognizance (kog-ni-z[schwa]ns), n. 1. A court’s right and power to try and to determine cases; JURISDICTION. [Cases: Courts 2. C.J.S. Courts § 16–17.] 2. The taking of judicial or authoritative notice. [Cases: Evidence 1. C.J.S. Evidence §§ 8–11, 106.] 3. Acknowledgment or admission of an alleged fact; esp. (hist.), acknowledgment of a fine. See FINE(1);
general replication
Equity pleading. A replication that consists of a general denial of the defendant’s plea or answer and an assertion of the truth and sufficiency of the bill. [Cases: Equity 207.]
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spatae placitum
spatae placitum (spay-tee plas-[schwa]-t[schwa]m), n. [Latin “the plea of the sword”] Hist. During the reign of Henry II, a court providing swift justice in military matters.