Juridical Dictionary

This dictionary contains:
8526
juridical terms

Manner and form






Manner and form

Pleading. After traversing any allegation in pleading, it is usual to say "in manner and form as he has in his declaration in that behalf alleged," which is as much as to include in the traverse, not only the mere fact opposed to it, but that in the manner and form in which it is stated by the other party. These words, however, only put in issue the substantial statement of the manner of tho fact traversed, and do not extend to the time, place, or other circumstances attending it, if they were not originally material and necessary to be proved as laid.

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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.

Allegation
A statement of the issues in a written document (a pleading) which a person is prepared to prove in court.

Traverse
1) Criminal law, practice. This is a technical term, which means to turnover: it is applied to an issue taken upon an indictment for a misdemeanor, and means nothing more than turning over or putting off the trial to a following sessions or assize; it has, perhaps with more propriety, been applied to the denying or taking issue upon an indictment, without reference to the delay of trial. 2) Pleading. This term, from the French traverser, signifies to deny or controvert anything which is alleged in the declaration, plea, replication or other pleadings;

Mere
This is the French word for mother. It is frequently used as, in ventre sa mere, which signifies; a child unborn, or in the womb.

Fact
An action; a thing done. It is either simple or compound.

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.

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.

Statement
Pleading and in practice. In the courts of Pennsylvania, by the act to regulate arbitrations and proceedings in courts of justice, is enacted, "that in all cases where a suit may be brought in any court of record for the recovery of any debt founded on a verbal promise, book account, note, bond, penal or single bill, or all or any of them, and which from the amount thereof may not be cognizable before a justice of the peace, it shall be the duty of the plaintiff, either by himself, his agent or attorney, to file in the office of the pro-thonotary a statement of his, her or their demand, on or before the third day of the term to which the process issued is returnable, particularly specifying the date of the promise, book account, note, bond, penal or single bill or all or any of them, on which the demand is founded, and the whole amount which he, she, or they believe is justly due to him, her or them from the defendant."

Time
Contracts, evidence, practice. The measure of duration., It is divided into years, months. days, hours, minutes, and seconds. It is also divided into day and night. 2) Pleading. The avertment of time is generally necessary in pleading; the rules are different, in different actions.

Place
Pleading, evidence. A particular portion of space; locality.

Were
The name of a fine among the Saxons imposed upon a murderer



SIMILAR TERMS
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Mannopus
An ancient word which signifies goods taken in the hands of an ap- prehended thief.



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Mania
Medical jurisprudence. This subject will be considered by examining it, first, in a medical point of view; and, secondly, as to its legal consequences. Mania may be divided into intellectual and moral.

Mania a potu
Insanity arising from the use of spirituous liquors.

Manifest
1) Evidence. That which is clear and requires no proof; that which is noto- rious. 2)Common law. A written instrument containing a true account of the cargo of a ship or commercial vessel.

Manifesto
A solemn declaration, by the constituted authorities of a nation, which contains the reasons for its public acts towards another.

Mankind
Persons of the male sex; but in a more general sense, it includes persons of both sexes; for example, the statute of 25 Hen. VIII.,makes it felony to commit, sodomy with mankind or beast. Females as well as males axe included under the term mankind.

Manner and form

Mannopus
An ancient word which signifies goods taken in the hands of an ap- prehended thief.

Manor
Estates. This word is derived from the French manoir, and signifies, a house, residence, or habitation. At present its meaning is more enlarged, and includes not only a dwelling-house, but also lands.

Mansion
This term is synonymous with house. A portion only of a building may come under the description of a mansion-house.

Manslaughter
Criminal law. The unlawful killing of another without malice either express or implied. The distinctions between manslaughter and murder, consists in the following. In the former, though the act which occasions the death be unlawful, or likely to be attended with bodily mischief, yet the malice, either express or implied, which is the very essence of murder, is presumed to be wanting in manslaughter.

Manstealing
This word is sometimes used synonymously with kidnapping. The latter is more technical.

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This dictionary contains 8526 terms.