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Matter, scandalous
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Matter, scandalousEquity 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.
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.
False
Not true; as, false pretences; unjust, unlawful, as, false imprisonment. This his word, is frequently used in composition.
Malicious
With bad, and unlawful motives; wicked.
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."
Cause
1) Civil law. It signifies the delivery of the thing, or the accomplishment of the act which is the object of a convention. 2) It is the consideration or motive for making a contract. 3) Pleading. The reason; the motive. 4) Practice. A contested question before a court of justice; it is a Suit or action.
Gross
Absolute; entire, not depending on another.
Charge
1) Wills, devises. An obligation which a testator imposes on his devisee. 2) Contracts. An obligation entered into by the owner of an estate which makes the estate responsible for its performance. 3) Practice. The opinion expressed by the court to the jury, on the law arising out of a case before them.
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, impertinent
Equity pleading. That which is altogether irrelevant to the case, that does not appertain or belong to it; id est, qui ad rem non pertinet.
PREVIOUS AND NEXT TERMS--------------------------------------
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
Equity pleading. That which is altogether irrelevant to the case, that does not appertain or belong to it; id est, qui ad rem non pertinet.
Matter, 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.
Mayhemavit
Maimed. This is a term of art which cannot be supplied in pleadings by any other word; as, mutilavit, truncavit,
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.
False
Not true; as, false pretences; unjust, unlawful, as, false imprisonment. This his word, is frequently used in composition.
Malicious
With bad, and unlawful motives; wicked.
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."
Cause
1) Civil law. It signifies the delivery of the thing, or the accomplishment of the act which is the object of a convention. 2) It is the consideration or motive for making a contract. 3) Pleading. The reason; the motive. 4) Practice. A contested question before a court of justice; it is a Suit or action.
Gross
Absolute; entire, not depending on another.
Charge
1) Wills, devises. An obligation which a testator imposes on his devisee. 2) Contracts. An obligation entered into by the owner of an estate which makes the estate responsible for its performance. 3) Practice. The opinion expressed by the court to the jury, on the law arising out of a case before them.
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, impertinent
Equity pleading. That which is altogether irrelevant to the case, that does not appertain or belong to it; id est, qui ad rem non pertinet.
PREVIOUS AND NEXT TERMS--------------------------------------
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
Equity pleading. That which is altogether irrelevant to the case, that does not appertain or belong to it; id est, qui ad rem non pertinet.
Matter, 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.
Mayhemavit
Maimed. This is a term of art which cannot be supplied in pleadings by any other word; as, mutilavit, truncavit,
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This dictionary contains 8526 terms.
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