transmittal letter 送交信 一种表示交付记录的非实体性信函,例如向法院书记员递交该种信函,说明其中封缄的是所提交的特定诉状,亦作cover letter。律师在此种信函上通常以「Enclosed please find」(已封缄,请核查)开头,但这种作法自19世纪末以来受到广泛批评。现多以一种非正式的用语「Here is」(本件包括)或正式用语「Enclosed is」(本件已封入)开头。
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non damnificatus (non dam-n[schwa]-f[schwa]-kay-t[schwa]s). [Latin “he is not damaged”] In an action of debt on a bond that holds the plaintiff harmless, the defendant’s plea that the plaintiff has not been damaged.
De Conjunctim Feoffatis (dee k[schwa]n-j[schwa]ngk-t[schwa]m fee-fay-tis), n. [Law Latin “concerning persons jointly enfeoffed”] Hist. The title of the statute of Edward I preventing delays caused by tenants pleading, in novel disseisins or other actions, that someone else was jointly seised with them.
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deviling (dev-[schwa]-ling). 1. The act of a barrister’s handing a brief over to another to handle a case. 2. The practice of a junior barrister (known as a “devil”) who drafts pleadings or other documents for a senior barrister who approves them, signs them, and is ultimately responsible for the work. — Also spelled devilling.
take the Fifth. To assert one’s right against self-incrimination under the Fifth Amendment. • A common but loose variant of the phrase is plead the Fifth: invoking the right is not a plea. See RIGHT AGAINST SELF-INCRIMINATION N. [Cases: Witnesses 297. C.J.S. Witnesses § 522.]
third-party plaintiff. A defendant who files a pleading in an effort to bring a third party into the lawsuit. See third-party complaint under COMPLAINT. [Cases: Federal Civil Procedure 281; Parties 49. C.J.S. Parties § 127.]
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plus petitio (pl[schwa]s p[schwa]-tish-ee-oh). [Latin “overclaim” or “claiming too much”] Roman law. A claim for more than is due; esp., the mistake of claiming more in one’s pleadings than is due. • This was fatal to the action under classical law. Under cognitio extraordinaria, however, a claimant could continue the action, but could be liable
Judicial relief that is mutually exclusive with another form of judicial relief. • In pleading, a party may request alternative relief, as by asking for both specific performance and damages that would be averted by specific performance. Fed. R. Civ. P. 8(a). Cf. ELECTION OF REMEDIES. [Cases: Specific Performance 127. C.J.S. Specific Performance §§ 194–196,
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A complaint that modifies and replaces the original complaint by adding relevant matters that occurred before or at the time the action began. Fed. R. Civ. P. 15(d). • In some circumstances, a party must obtain the court’s permission to amend its complaint. Fed. R. Civ. P. 15(a). — Also termed substituted complaint. Cf. supplemental