Juridical Dictionary

This dictionary contains:
8526
juridical terms

Calling the plaintiff




Calling the plaintiff

Practice. When a plaintiff perceives that he has not given evidence to maintain his issue, and intends to become nonsuited, he withdraws himself, when the cryer is ordered to call the plaintiff, and on his failing to appear, he becomes nonsuited.

RELATED TERMS
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Practice
The form, manner and order of conducting and carrying on suits or prosecutions in the courts through their various stages, according, to the principles of law, and the rules laid down by the respective courts.

When
1) At which time, in wills, standing by itself unqualified and unexplained, this is a word of condition denoting the time at which the gift is to continence. 2) The context of a will may show that the word when is to be applied to the possession only, not to the vesting of a legacy; but to justify this construction, there must be circumstances, or other expressions in the will, showing such to have been the testator's intent.

Plaintiff
The party who begins an action; the party who complains or sues in an action and is named as such in the court's records. Also called a petitioner.

Evidence
Proof of fact(s) presented at a trial. The best and most common method is by oral testimony; where you have an eye-witness swear to tell the truth and to then relate to the court (or jury) their experience. Evidence is essential in convincing the judge or jury of your facts as the judge (or jury) is expected to start off with a blank slate; no preconceived idea or knowledge of the facts. So it is up to the opposing parties to prove (by providing evidence), to the satisfaction of the court (or jury), the facts needed to support their case. Besides oral testimony, an object can be deposited with the court (eg. a signed contract). This is sometimes called "real evidence." In other rarer cases, evidence can be circumstantial.

Issue
1) Kindred. This term is of very extensive import, in its most enlarged signification, and includes all persons who have descended from a common ancestor. But when this word is used in a will, in order to give effect to the testator's intention it will be construed in a more restricted sense than its legal import conveys. 2) Pleading. An issue, in pleading, is defined to be a single, certain and material point issuing out of the allegations of the parties, and consisting, regularly, of an affirmative and negative. In common parlance, issue also signifies the entry of the pleadings.

Cryer
Practice. An officer in a court whose duty it is to make various proclamations ordered by the court.



SIMILAR TERMS
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Call the plaintiff
At common law, when counsel for the plaintiff perceives that his client has not made out a case, the client may withdraw from the court room: whereupon, the crier is required to call the plaintiff. If he does not answer the call (made thrice in succession), judgment of nonsuit is entered.

Calling the docket
The public calling of the docket or list of causes at commencement of term of court, for setting a time for trial or entering orders.



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Caeterorum
The name of a kind of administration, which, after an administration has been granted for a limited purpose, is granted for the rest of the estate.

Calendar
A list of cases scheduled for hearing in court.

Calender
1) An almanac. 2) Criminal law. A list of prisoners, containing their names, the time when they were committed, and by whom, and the cause of their commitments.

Call the plaintiff
At common law, when counsel for the plaintiff perceives that his client has not made out a case, the client may withdraw from the court room: whereupon, the crier is required to call the plaintiff. If he does not answer the call (made thrice in succession), judgment of nonsuit is entered.

Calling the docket
The public calling of the docket or list of causes at commencement of term of court, for setting a time for trial or entering orders.

Calling the plaintiff

Calumniators
Civil law. Persons who accuse others, whom they know to be innocent, of having committed crimes.

Cambist
A person skilled in exchange; one who deals or trades in promissory notes or bills of exchange.

Camera stellata
English law. The court of the Star Chamber, now abolished.

Campartum
A part or portion of a larger field or ground, which would otherwise be in gross or common.

Canadian maritime law
The Supreme Court of Canada, in The Buenos Aires Maru (ITO -International Terminal Operators ), defined "Canadian maritime law" as having two major components: 1) the admiralty law of England received into Canada in 1934 as subsequently developed by Canadian statutes and jurisprudence; and 2) that body of law which would have been administered by the former Exchequer Court of Canada (now the Federal Court of Canada) on its admiralty side, if that Court had had an "unlimited jurisdiction in relation to admiralty and maritime matters".

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This dictionary contains 8526 terms.







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