quae est eadem (kwee est ee-ay-d[schwa]m). [Law Latin] Hist. Which is the same. • This phrase was used by a defendant in a trespass action to show that the trespass the defendant was justified in committing was the same as that alleged in the plaintiff’s pleading; that is, the plaintiff gave the defendant permission to […]
bringing money into court 保全金钱于法院 指交存一笔金钱给法院或其书记官或执行官〔marshal〕，以备清偿债务或履行义务或等待确定竞合权利诉讼〔interpleader〕的结果。
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filing, n. A particular document (such as a pleading) in the file of a court clerk or record custodian (the lawyer argued that the plaintiff’s most recent filing was not germane to the issue before the court). [Cases: Federal Civil Procedure 664; Pleading 331. C.J.S. Pleading §§ 570, 572, 574–576, 578.]
praescriptio (pri-skrip-shee-oh), n. [Latin] Roman law. 1. A preliminary portion of a formula that defines the scope of action. 2. A defensive plea in an action to recover land by which the defendant asserts ownership based on continuous possession for a prescribed time. — Also termed (in sense 2) praescriptio longi temporis. Pl. praescriptiones (pri-skrip-shee-oh-neez).
notice of removal. The pleading by which the defendant removes a case from state court to federal court. • A notice of removal is filed in the federal district court in the district and division in which the suit is pending. The notice must contain a short and plain statement of the grounds for removal
duplicity n. (1)诉状中主张事实的复合 也称诉因或答辩理由并陈，为普通法上诉答程序中的一种技术性错误，指在一项诉讼理由〔count〕中陈述了两个或两个以上的诉因〔cause of action〕，或者在一项答辩〔plea〕中提出了两个或两个以上的答辩理由〔ground of defense〕。普通法上一般禁止多项诉因或答辩理由并陈，但现在英国对该规则的限制已宽松了许多，美国的《联邦民事诉讼规则》〔Federal Rules of Civil Procedure〕也允许提出此种诉状。 (2)数罪并诉 指在公诉书的同一罪项〔count〕中指控两项或两项以上的罪行。这在法律上是禁止的。 (3)立法项目并立指在同一立法中对两种或两种以上不相一致的主题作出规定。 (4)欺骗；口是心非；言行不一
nul tiel (n[schwa]l teel). [Law Latin] No such. • This phrase typically denotes a plea that denies the existence of something.
Hist. In a plaintiff’s pleading in an action for debt, boilerplate language that is not founded on the circumstances of the individual case but is intended to guard against a possible variance and to enable the plaintiff to take advantage of any ground of liability that the proof may disclose. • In the action for
going to the country. Hist. The act of requesting a jury trial. • A defendant was said to be “going to the country” by concluding a pleading with the phrase “and of this he puts himself upon the country.” Similarly, a plaintiff would conclude a pleading with the phrase “and this the plaintiff prays may
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cassetur billa (k[schwa]-see-t[schwa]r bil-[schwa]). [Latin “that the bill be quashed”] Hist. 1. A judgment quashing a plea in abatement. — Also termed judgment of cassetur billa. 2. A plaintiff’s on-the-record admission that a defendant’s plea in abatement cannot be avoided. • This statement discontinues the action. — Also termed billa cassetur; quod billa cassetur.