Juridical Dictionary

This dictionary contains:
8526
juridical terms

Counterplea






Counterplea

Pleading. When a tenant in any real action, tenant by the curtesy, or tenant in dower, in his answer and plea, vouches any one to warrant his title, or prays in aid another who has a larger estate, as of the remainder-man or reversioner or when a stranger to the action comes and prays to be received to save his estate; then that which the defendant alleges against it, why it should not be admitted, is called a counterplea.

RELATED TERMS
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Pleading
Practice. The statement in a logical, and legal form, of the facts which constitute the plaintiff's cause of action, or the defendant's ground of defence; it is the formal mode of alleging that on the record, which would be the support, or the defence of the party in evidence.

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.

Tenant
Estates. One who holds or possesses lands or tenements by any kind of title, either in fee, for life, for years, or at will

Real
1) A term which is applied to land in its most enlarged signification. Real security, therefore, means the security of mortgages or other incumbrances affecting lands. 2) In the civil law, real has not the same meaning as it has in the common law. There it signifies what relates to a thing, whether it be movable or immovable, lands or goods; thus, a real injury is one which is done to a thing, as a trespass to property, whether it be real or personal in the common law sense. A real statute is one which relates to a thing, in contradistinction to such as relate to a person.

Action
1) French commercial. Stock in a company, shares in a corporation. 2)Civil law. An action instituted to avoid a sale onaccount of some Vice or defect in the thing sold which readers it either absolutely useless, or its use so inconvenient and, imperfect, that it must be, supposed the buyer would not have purchased it, had he known of the vice.

Curtesy
Curtesy or courtesy. Scotch law. A right which vests in the hushand, and is in the nature of a life-rent. It is a counterpart of the terce.

Dower
A wife's common law right to inherit from her husband.

Answer
Practice. The declaration of a fact by a witness after a question has been put asking for it.

Plea
1) Chancery practice. "A plea," says Lord Bacon, speaking of proceedings in courts of equity, "is a foreign matter to discharge or stay the suit." 2) Practice. The defendant's answer by matter of fact, to the plaintiff's declaration.

Warrant
Most commonly, a court order authorizing law enforcement officers to make an arrest or conduct a search. An application seeking a warrant must be accompanied by an affidavit which establishes probable cause by detailing the facts upon which the request is based.

Title
1) Estates. A title is defined by Lord Coke to be the means whereby the owner of lands hath the just possession of his property. 2) Legislation That part of an act of the legislature by which it is known, and distinguished from other acts the name of the act. 3) Rights. The name of a newwpaper a book, and the like.

Estate
A right or interest in property or the property of a deceased person.

Remainder-man
One who is entitled to the remainder of the estate after a particular estate carved out of it has expired.

Reversioner
Estates. One entitled to a reversion.

Stranger
Persons, contracts.1) A person born out of the United States; but in this sense the term alien is more properly applied, until he becomes naturalized. 2) A person who is not privy to an act or contract; example, he who is a stranger to the issue, shall not take advantage of the verdict.

Comes
1) Offices. A Count. An officer during the middle ages, who possessed civil and military authority. 2) Pleading. The word comes, venit, expresses the appearance of the defendant , in court.

Defendant
A party who is sued in a personal action.

Counterplea
Pleading. When a tenant in any real action, tenant by the curtesy, or tenant in dower, in his answer and plea, vouches any one to warrant his title, or prays in aid another who has a larger estate, as of the remainder-man or reversioner or when a stranger to the action comes and prays to be received to save his estate; then that which the defendant alleges against it, why it should not be admitted, is called a counterplea.



SIMILAR TERMS
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Council
Legislation. This word signifies an assembly.

Counsel
1) Advice given to another as to what he ought to do or not to do. 2) An officer of court. One who undertakes to conduct suits and actions in court. The same as counsellor. 3) Practice, Criminal law. In the oath of the grand jurors, there is a provision requiring them to keep secret " the commonwealth's counsel, their fellows, and their own." In this sense this word is synonymous with knowledge.

Counsellor
Government. A counsellor is a member of a council. In some of the states the executive power is vested in a governor, or a governor and lieutenant governor, and council. The members of such council are called counsellors.

Count
A statement of facts that clearly defines the complaint.

Count (prison)
In the US penitentiary slang, the institutional count, repeated at different times in the day. Everything stops while prison staff make sure no one is missing.

Counter
English law. The name of an ancient prison in the city of London, which has now been demolished.

Counter affidavit
An affidavit made in opposition to one already made; this is allowed in the preliminary examination of some cases.

Counter security
Security given to one who has become security for another, the condition of which is, that if the one who first became surety shall be damnified, the one who gives the counter security will indemnity him.

Counterclaim
A claim made by the defendant in a civil lawsuit against the plaintiff. In essence, a counter lawsuit within a lawsuit.

Counterpart
Contracts. Formerly each party to an indenture executed a separate deed; that part which was executed by the grantor was called the original, and the rest the counterparts. It is now usual for all the parties to execute every part, and this makes them all originals.

Counters
English law. - Formerly there were in London two prisons belonging to the sheriffs courts, which bore this name. They are now demolished.

Countersign
To countersign is to sign on the opposite side of an instrument already signed by some other person or officer, in order to secure its character of a genuine paper; as a bank note is signed by the president and countersigned by the cashier.

Country
By country is meant the state of which one is a member.

Country damage
Damage to baled or bagged goods (e.g. cotton) caused by excessive moisture from damp ground or exposure to weather, or by grit, dust or sand ashore.

Country of birth
The country in which a person is born.

Country of chargeability
The independent country to which an immigrant entering under the preference system is accredited for purposes of numerical limitations.

Country of citizenship
The country in which a person is born (and has not renounced or lost citizenship) or naturalized and to which that person owes allegiance and by which he or she is entitled to be protected.

County
Originally, a province governed by a count, - the earl or alderman to whom the government of the shire was entrusted. 1 Bl. Com. 116.

County commissioners
Certain officers generally entrusted with the superintendence of the collection of the county taxes, and the disbursements made. for the county. They are administrative officers, invested by the local laws with various powers.

County jail
The penitentiary institutions at county level in the United States.

County prison
The penitentiary institutions at county level in the United States.



PREVIOUS AND NEXT TERMS
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Counter
English law. The name of an ancient prison in the city of London, which has now been demolished.

Counter affidavit
An affidavit made in opposition to one already made; this is allowed in the preliminary examination of some cases.

Counter security
Security given to one who has become security for another, the condition of which is, that if the one who first became surety shall be damnified, the one who gives the counter security will indemnity him.

Counterclaim
A claim made by the defendant in a civil lawsuit against the plaintiff. In essence, a counter lawsuit within a lawsuit.

Counterpart
Contracts. Formerly each party to an indenture executed a separate deed; that part which was executed by the grantor was called the original, and the rest the counterparts. It is now usual for all the parties to execute every part, and this makes them all originals.

Counterplea

Counters
English law. - Formerly there were in London two prisons belonging to the sheriffs courts, which bore this name. They are now demolished.

Countersign
To countersign is to sign on the opposite side of an instrument already signed by some other person or officer, in order to secure its character of a genuine paper; as a bank note is signed by the president and countersigned by the cashier.

Country
By country is meant the state of which one is a member.

Country damage
Damage to baled or bagged goods (e.g. cotton) caused by excessive moisture from damp ground or exposure to weather, or by grit, dust or sand ashore.

Country of birth
The country in which a person is born.

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This dictionary contains 8526 terms.