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Matter, impertinent
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Matter, impertinentEquity pleading. That which is altogether irrelevant to the case, that does not appertain or belong to it; id est, qui ad rem non pertinet.
RELATED TERMS--------------------------------------
Equity
A branch of English law which developed hundreds of years ago when litigants would go to the King and complain of harsh or inflexible rules of common law which prevented "justice" from prevailing. For example, strict common law rules would not recognize unjust enrichment, which was a legal relief developed by the equity courts. The typical Court of Equity decision would prevent a person from enforcing a common law court judgment. The kings delegated this special judicial review power over common law court rulings to chancellors. A new branch of law developed known as "equity", with their decisions eventually gaining precedence over those of the common law courts. A whole set of equity law principles were developed based on the predominant "fairness" characteristic of equity such as "equity will not suffer a wrong to be without a remedy" or "he who comes to equity must come with clean hands".
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.
Case
1) Practice. A contested question before a court of justicea suit or action a cause. 2) An agreement in writing, between a plaintiff and defendant, that the facts in dispute between them are as there agreed upon and mentioned
Belong
In statutes referring to inhabitancy, the poor, etc., designates the place of a person's legal settlement, not merely his place of residence.
SIMILAR TERMS--------------------------------------
Matter
Some substantial or essential thing, opposed to form; facts.
Matter in deed
Matter in deed is such matter as may be proved or established by a deed or specialty. In another sense it signifies matter of fact, in contradistinction to matter of law.
Matter in pays
Literally, matter in the country; matter of fact, as distinguished from matter of law, or matter of record.
Matter of fact
Pleading. Matter which goes in denial of a declaration, and Dot in avoidance of it.
Matter of law
Pleading. That which goes in avoidance of a declaration or other pleading, on the ground that the law does not authorize them. It does not deny the matter or fact contained in such pleading, but admitting them avoids them. Matter of law, is that which is referred to the decision of the court; matter of fact that which is submitted to the jury.
Matter of record
Those facts which may be proved by the production of a record. It differs from matter in deed, which consists of facts which may be proved by specialty.
Matter, scandalous
Equity pleading. A false and malicious statement of facts, not relevant to the cause. But nothing which is positively relevant, however harsh or gross the charge may be, can be considered scandalous.
PREVIOUS AND NEXT TERMS--------------------------------------
Matter in deed
Matter in deed is such matter as may be proved or established by a deed or specialty. In another sense it signifies matter of fact, in contradistinction to matter of law.
Matter in pays
Literally, matter in the country; matter of fact, as distinguished from matter of law, or matter of record.
Matter of fact
Pleading. Matter which goes in denial of a declaration, and Dot in avoidance of it.
Matter of law
Pleading. That which goes in avoidance of a declaration or other pleading, on the ground that the law does not authorize them. It does not deny the matter or fact contained in such pleading, but admitting them avoids them. Matter of law, is that which is referred to the decision of the court; matter of fact that which is submitted to the jury.
Matter of record
Those facts which may be proved by the production of a record. It differs from matter in deed, which consists of facts which may be proved by specialty.
Matter, impertinent
Matter, scandalous
Equity pleading. A false and malicious statement of facts, not relevant to the cause. But nothing which is positively relevant, however harsh or gross the charge may be, can be considered scandalous.
Maturity
The time when a bill or note becomes due. In order to bind the endorsers such note or bill must be protested, when not paid, on the last day of grace.
Maxim
An established principle or proposition. A principle of law universally admitted, as being just and consonant With reason.
May
To be permited; to be at liberty; to have the power.
Mayhem
Crimes. The act of unlawfully and violently depriving another of the use of such of his members as may render him less able in fighting either to defend himself or annoy his adversary; and therefore the cutting or disabling, or weakening a man's hand or finger, or striking out his eye or foretooth, or depriving him of those parts the loss of which abates his courage, are held to be mayhems. But cutting off the ear or nose or the like, are not held to be mayhems at common law.
RELATED TERMS--------------------------------------
Equity
A branch of English law which developed hundreds of years ago when litigants would go to the King and complain of harsh or inflexible rules of common law which prevented "justice" from prevailing. For example, strict common law rules would not recognize unjust enrichment, which was a legal relief developed by the equity courts. The typical Court of Equity decision would prevent a person from enforcing a common law court judgment. The kings delegated this special judicial review power over common law court rulings to chancellors. A new branch of law developed known as "equity", with their decisions eventually gaining precedence over those of the common law courts. A whole set of equity law principles were developed based on the predominant "fairness" characteristic of equity such as "equity will not suffer a wrong to be without a remedy" or "he who comes to equity must come with clean hands".
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.
Case
1) Practice. A contested question before a court of justicea suit or action a cause. 2) An agreement in writing, between a plaintiff and defendant, that the facts in dispute between them are as there agreed upon and mentioned
Belong
In statutes referring to inhabitancy, the poor, etc., designates the place of a person's legal settlement, not merely his place of residence.
SIMILAR TERMS--------------------------------------
Matter
Some substantial or essential thing, opposed to form; facts.
Matter in deed
Matter in deed is such matter as may be proved or established by a deed or specialty. In another sense it signifies matter of fact, in contradistinction to matter of law.
Matter in pays
Literally, matter in the country; matter of fact, as distinguished from matter of law, or matter of record.
Matter of fact
Pleading. Matter which goes in denial of a declaration, and Dot in avoidance of it.
Matter of law
Pleading. That which goes in avoidance of a declaration or other pleading, on the ground that the law does not authorize them. It does not deny the matter or fact contained in such pleading, but admitting them avoids them. Matter of law, is that which is referred to the decision of the court; matter of fact that which is submitted to the jury.
Matter of record
Those facts which may be proved by the production of a record. It differs from matter in deed, which consists of facts which may be proved by specialty.
Matter, scandalous
Equity pleading. A false and malicious statement of facts, not relevant to the cause. But nothing which is positively relevant, however harsh or gross the charge may be, can be considered scandalous.
PREVIOUS AND NEXT TERMS--------------------------------------
Matter in deed
Matter in deed is such matter as may be proved or established by a deed or specialty. In another sense it signifies matter of fact, in contradistinction to matter of law.
Matter in pays
Literally, matter in the country; matter of fact, as distinguished from matter of law, or matter of record.
Matter of fact
Pleading. Matter which goes in denial of a declaration, and Dot in avoidance of it.
Matter of law
Pleading. That which goes in avoidance of a declaration or other pleading, on the ground that the law does not authorize them. It does not deny the matter or fact contained in such pleading, but admitting them avoids them. Matter of law, is that which is referred to the decision of the court; matter of fact that which is submitted to the jury.
Matter of record
Those facts which may be proved by the production of a record. It differs from matter in deed, which consists of facts which may be proved by specialty.
Matter, impertinent
Matter, scandalous
Equity pleading. A false and malicious statement of facts, not relevant to the cause. But nothing which is positively relevant, however harsh or gross the charge may be, can be considered scandalous.
Maturity
The time when a bill or note becomes due. In order to bind the endorsers such note or bill must be protested, when not paid, on the last day of grace.
Maxim
An established principle or proposition. A principle of law universally admitted, as being just and consonant With reason.
May
To be permited; to be at liberty; to have the power.
Mayhem
Crimes. The act of unlawfully and violently depriving another of the use of such of his members as may render him less able in fighting either to defend himself or annoy his adversary; and therefore the cutting or disabling, or weakening a man's hand or finger, or striking out his eye or foretooth, or depriving him of those parts the loss of which abates his courage, are held to be mayhems. But cutting off the ear or nose or the like, are not held to be mayhems at common law.
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This dictionary contains 8526 terms.
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