![]() |
||||||||||||||||
|
||||||||||||||||
|
Double actionability
Double actionabilityThe former English common law rule of conflict of laws in tort, whereby a suit could only be maintained in England for an alleged wrong committed abroad (1) if the wrong would have been actionable had it been committed in England and (2) if it was also civilly actionable in the place where it was committed. RELATED TERMS-------------------------------------- Common marriage law. a marriage in which no formal ceremony took place and no license exists. Rule This is a metaphorical expression borrowed from mechanics. The rule, in its proper and natural sense, is an instrument by means of which may be drawn from one point to another, the shortest possible line, which is called a straight line. Conflict The opposition or difference between two judicial jurisdictions, when they both claim the right to decide a cause, or where they both declare their incompetency. Tort An injury; a wrong; hence the expression an executor de son tort, of his own wrong. Suit An action. The word suit in the 25th section of the judiciary act of 1789, applies to any proceeding in a court of justice, in which the plaintiff pursues, in such court, the remedy which the law affords him. An application for a prohibition is therefore a suit. Maintained Pleadings. This is a technical word, indispensable in an indict- ment for maintenance, which no other word or circumlocution will supply. Wrong An injury; a tort a violation of right. In its most usual sense, wrong signifies an injury committed to the person or property of another, or to his relative rights, unconnected with contract; and these wrongs are committed with or without force. But in a more extended signification, wrong includes the violation of a contract; a failure by a man to perform his undertaking or promise is a wrong or injury to him to whom it was made. Place Pleading, evidence. A particular portion of space; locality. SIMILAR TERMS-------------------------------------- Double Twofold. Double cell In the US penitentiary slang, housing two prisoners in a cell designed for one. Double costs Practice. According to the English law, when double costs are given by the statute, the term is not to be understood, according to its literal import, twice the amount of single costs, but in such case the costs are thus calculated. 1) The common costs; and, 2) Half of the common costs. Double insurance Contracts. Where the insured makes, two insurances on the same risk, and the same interest. Double jeopardy Putting a person on trial more than once for the same crime. It is forbidden by the Fifth Amendment to the United States Constitution. Double plea The alleging, for one single purpose, two or more distinct grounds of defence, when one of them would be as effectual in law, as both or all. Double renvoi The application by the forum court to the conflict rules, including the renvoi rules, of a foreign state. Double renvoi, also known as the "foreign court theory", appears to be limited to England; see also renvoi. Double voucher A common recovery is sometimes suffered with double voucher, which occurs when the person first vouched to warranty, comes in and vouches over a third person. Double waste When a tenant, bound to repair, suffers a house to be wasted, and then unlawfully fells timber to repair it, he is said to commit double waste. PREVIOUS AND NEXT TERMS-------------------------------------- Dotation French law. The act by which the founder of a hospital, or other charity, endows it with property to fulfil its destination. Dote Spanish law. The property which the wife gives to the hushand on account of marriage. Dote assignando English law. The name of a writ which lay in favor of a widow, when it was found by office that the king's tenant was seised of tenements in fee or fee tail at the time of his death, and that he held of the king in chief. Dote unde nihil habet The name of a writ of dower which a widow sues against the tenant, who bought land of her hushand in his lifetime, and in which her dower remains, of which he was seised solely in fee simple or fee tail. Double Twofold. Double actionability Double costs Practice. According to the English law, when double costs are given by the statute, the term is not to be understood, according to its literal import, twice the amount of single costs, but in such case the costs are thus calculated. 1) The common costs; and, 2) Half of the common costs. Double insurance Contracts. Where the insured makes, two insurances on the same risk, and the same interest. Double jeopardy Putting a person on trial more than once for the same crime. It is forbidden by the Fifth Amendment to the United States Constitution. Double plea The alleging, for one single purpose, two or more distinct grounds of defence, when one of them would be as effectual in law, as both or all. Double renvoi The application by the forum court to the conflict rules, including the renvoi rules, of a foreign state. Double renvoi, also known as the "foreign court theory", appears to be limited to England; see also renvoi. We thank you for using the Juridical Dictionary to search for Double actionability. If you have a better definition for Double actionability than the one presented here, please let us know by making use of the suggest a term option. This definition of Double actionability may be disputed by other professionals. Our attempt is to provide easy definitions on Double actionability and any other medical topic for the public at large.
|
|||||||||||||||
| © Juridical Dictionary 2005. All rights reserved. | ||||||||||||||||