Juridical Dictionary

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8526
juridical terms

Joinder in demurrer




Joinder in demurrer

When a demurrer is offered by one party, the adverse party joins with him in demurrer, and the answer which he makes is called a joinder in demurrer.

RELATED TERMS
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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.

Demurrer
This is a motion put to a trial judge after the plaintiff has completed his or her case, in which the defendant, while not objecting to the facts presented, and rather than responding by a full defence, asks the court to reject the petition right then and there because of a lack of basis in law or insufficiency of the evidence. This motion has been been abolished in many states and, instead, any such arguments are to be made while presenting a regular defence to the petition.

Party
Practice, contracts. When applied to practice, by party is understood either the plaintiff or defendant. In contracts, a party is one or more persons who engage to perform or receive the performance of some agreement.

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



SIMILAR TERMS
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Joinder of actions
Practice. The putting two or more causes of action in the same declaration. It is a general rule, that in real actions there can never be but one count.

Joinder of issue
Pleadings. The act by which the parties to a cause arrive at that stage of it in their pleadings, that one asserts a fact to be so, and the other denies it. For example, when one party denies the fact pleaded by his antagonist, who has tendered the issue thus, "And this he prays may be inquired of by the country," or, "And of this he puts himself upon the country," the party denying the fact may immediately subjoin, "And the said A B does the like;" when the issue is said to be joined.

Joinder of parties to actions
It is a rule in actions ex contractu that all who have a legal interest in the contract, and no others, must join in action founded on a breach of such contract; whether the parties are too many or too few, it is equally fatal.

Joint
United, not separate; as, joint action, or one which is brought by several persons acting together; joint bond, a bond given by two or more obligors.

Joint and several liability
Where two or more people enter into an obligation such as a guarantee together, joint and several liability means that the lender or creditor can recover the whole indebtedness from any one of them. They are then left to sort out their respective contributions between themselves.

Joint contract
One in which the contractors are jointly bound to perform the promise or obligation therein contained, or entitled to receive the benefit of such promise or obligation. It is a general rule that a joint contract survives, whatever may be the beneficial interests of the parties under it; where a partner, covenantor, or other person entitled, having a joint interest in a contract not running with the land, dies, the right to sue survives in the other partner.

Joint custody
A child custody decision which means that both parents share joint legal custody and joint physical custody. This is not very common and many professionals have taken to referring to "joint legal custody but sole maternal physical custody" as "joint custody".

Joint legal custody
A form of custody of minor children in which the parents share the responsibilities and major decision-making related to the child.

Joint liability
Where the joint obligor has the right to insist that the co-obligor be joined as a co-defendant, and that the co-obligor be sued jointly. In other words, where two or more parties share liabilities.

Joint physical custody
A form of custody of minor children in which the parents share the actual physical custody of the child.

Joint property
Property that is held in the name of more than one person.

Joint stock banks
In England they are a species of quasi corporations, or companies regulated by deeds of settlement; and, in this respect, the stand in the same situation as other unincorporated bodies. But they differ from the latter in this, that they are invested by certain statutes with powers and privileges usually incident to corporations. These enactments provide for the continuance of the partnership, notwithstanding a change of partners. The death, bankruptcy, or the sale by a partner of his share, does not affect the identity of the partnership; it, continues the same body, under the same name, by virtue of the act of parliament, notwithstanding these changes.

Joint tenancy
When two or more persons are equally owners of some property. The unique aspect of joint tenancy is that as the joint tenancy owners die, their shares accrue to the surviving owner(s) so that, eventually, the entire share is held by one person. A valid joint tenancy is said to require the "four unities": unity of interest (each joint tenant must have an equal interest including equality of duration and extent), unity of title (the interests must arise from the same document), unity of possession (each joint tenant must have an equal right to occupy the entire property) and unity of time: the interests of the joint tenants must arise at the same time.

Joint tenants
Estates. Two or more persons to whom are granted land's or tenements to hold in fee simple, fee tail, for life, for years, or at will. The estate which they, thus hold is called an estate in joint tenancy

Joint venture
When two independent businesses wish to combine forces in a business project, they may form a joint venture to operate the new project as a separate enterprise. This can take the form of a simple contractual arrangement, a partnership or a joint venture company.

Joint venture agreement
When two independent businesses wish to combine forces in a business project, they may form a joint venture to operate the new project as a separate enterprise. This can take the form of a simple contractual arrangement, a partnership or a joint venture company.

Joint work
Defined in the Copyright Act as a work prepared by two or more authors with the intention that their contributions be merged into inseparable or interdependent parts of a unitary whole. To be a joint author, a writer must contribute an independently copyrightable portion of the work.

Jointress or jointuress
Jointress or Jointuress. Two or more persons who are entrusted with property for the benefit of one or more others.

Jointuress
Jointuress or Jointress . Two or more persons who are entrusted with property for the benefit of one or more others.



PREVIOUS AND NEXT TERMS
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Jeux de bourse
French law. This is a kind of gambling or speculation, which consists of sales and purchase's, which bind neither of the parties to deliver the things which are the object of the sale, and which are settled by paying the difference in the value of the things sold between the day of the sale, and that appointed for delivery of such things.

Jews
The Jews were exceedingly oppressed during the middle ages throughout Christendom, and, are so still in some countries. In France, a Jew was a serf, and his person and goods belonged to the baron on whose demesnes he lived.

Job
By this term is understood among workmen, the whole of a thing which is to be done. In this sense it is employed in the Civil Code of Louisiana, article 2727; "to build by plot, or to work by the job," says that article, "is to undertake a building for a certain stipulated price."

Jobber
Commerce. One who buys end sells articles for others. Stock jobbers are those who buy, and sell stocks for others; this term is also applied to those who speculate in stocks on their own account.

Jocalia
Jewels; this term was formerly more properly applied to those ornaments which women, although married, call their own. When these jocalia are not suitable to her degree, they are assets for the payment of debts.

Joinder in demurrer

Joinder of actions
Practice. The putting two or more causes of action in the same declaration. It is a general rule, that in real actions there can never be but one count.

Joinder of issue
Pleadings. The act by which the parties to a cause arrive at that stage of it in their pleadings, that one asserts a fact to be so, and the other denies it. For example, when one party denies the fact pleaded by his antagonist, who has tendered the issue thus, "And this he prays may be inquired of by the country," or, "And of this he puts himself upon the country," the party denying the fact may immediately subjoin, "And the said A B does the like;" when the issue is said to be joined.

Joinder of parties to actions
It is a rule in actions ex contractu that all who have a legal interest in the contract, and no others, must join in action founded on a breach of such contract; whether the parties are too many or too few, it is equally fatal.

Joint
United, not separate; as, joint action, or one which is brought by several persons acting together; joint bond, a bond given by two or more obligors.

Joint and several liability
Where two or more people enter into an obligation such as a guarantee together, joint and several liability means that the lender or creditor can recover the whole indebtedness from any one of them. They are then left to sort out their respective contributions between themselves.

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This dictionary contains 8526 terms.







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