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| This dictionary contains: 8526 juridical terms |
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Mis-joinder
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Mis-joinderWhen a person has been named as a party to a law suit when that person should not have been added. When this is asserted, a court will usually accommodate a request to amend the court documents to strike, or substitute for, the name of the mis-joined party. Compare with non-joinder.
RELATED TERMS--------------------------------------
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.
Person
This word is applied to men, women and children, who are called natural persons.
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.
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.
Court
A body in government to which the administration of justice is delegated.
Will
A will is a legal document in which a person directs how his property is to be distributed after his death. Such documents must be executed in due form and must be duly witnessed.
Request
1) Contracts. A notice of a desire on the part of the person making it, that the other party shall do something in relation to a contract. 2) Pleading. The statement in the plaintiff's declaration that a demand or request has been made by the plaintiff from the defendant, to do some act which he was bound to perform, and for which the action is brought.
Amend
To change, to revise, usually to the wording of a written document such as legislation.
Documents
Evidence. The deeds, agreements, title papers, letters, receipts, and other written instruments used to prove a fact.
Strike
Highlighting in the record of a case, evidence that has been improperly offered and will not be relied upon.
Substitute
Contracts. One placed under another to transact business for him; in letters of attorney, power is generally given to the attorney to nominate and appoint a substitute.
Name
One or more words used to distinguish a particular individual, as Socrates, Benjamin Franklin.
Non-joinder
When a person who should have been made a party to a legal proceedings has been forgotten or omitted. This is usually addressed by asking the court to amend documents and including the forgotten party to the proceedings. It is the opposite of mis-joinder.
SIMILAR TERMS--------------------------------------
PREVIOUS AND NEXT TERMS--------------------------------------
Mise
English law. In a writ of right which is intended to be tried by the grand assize, the general issue is called the mise. Lawes, Civ. Pl. 111; 7 Cowen, 51. This word also signifies expenses, and it is so commonly used in the entries of judgments in personal actions; as when the plaintiff recovers, the judgment is quod recuperet damna sua for such value, and pro mises et custagiis for costs and charges for so much, &c.
Miserabile depositum
Civil law. The name of an involuntary deposit, made under pressing necessity; as, for instance, shipwreck, fire, or other inevitable calamity.
Misericordia
Mercy. An arbitrary or discretionary amercement.
Misfeasance
Torts, contracts. The performance of an act which might lawfully be done, in an improper manner, by which another person receives an injury. It differs from malfeasance, or, nonfeasance.
Misjoinder
Pleading. Misjoinder of causes of action, or counts, consists in joining, in different counts in one declaration, several demands, which the law does not permit to be joined, to enforce several distinct, substantive rights of recovery; as, where a declaration joins a count in trespass with another in case, for distinct wrongs or a count in tort, with another in contract.
Mis-joinder
Misnomer
The act of using a wrong name. Misnomers, may be considered with regard to contracts, to devises and bequests, and to suits or actions.
Mispleading
Pleading incorrectly, or omitting anything in pleading which is essential to the support or defence of an action, is so called.
Misprison
Criminal law. 1) In its larger sense, this word is used to signify every considerable misdemeanor, which has not a certain name given to it in the law; and it is said that a misprision is contained in every treason or felony whatever. 2) In its narrower sense it is the concealment of a crime. 3) Misprison of felony, is the like concealment of felony, without giving any degree of maintenance to the felon; Act of Congress of April 30, 1790.
Misreading
Contracts. When a deed is read falsely to an illiterate or blind man, who is a party to it, such false reading amounts to a fraud, because the contract never had the assent of both parties.
Misrecital
Contracts, pleading. The incorrect recital of a matter of fact, either in an agreement or a plea; under the latter term is here understood the declaration and all the subsequent pleadings.
RELATED TERMS--------------------------------------
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.
Person
This word is applied to men, women and children, who are called natural persons.
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.
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.
Court
A body in government to which the administration of justice is delegated.
Will
A will is a legal document in which a person directs how his property is to be distributed after his death. Such documents must be executed in due form and must be duly witnessed.
Request
1) Contracts. A notice of a desire on the part of the person making it, that the other party shall do something in relation to a contract. 2) Pleading. The statement in the plaintiff's declaration that a demand or request has been made by the plaintiff from the defendant, to do some act which he was bound to perform, and for which the action is brought.
Amend
To change, to revise, usually to the wording of a written document such as legislation.
Documents
Evidence. The deeds, agreements, title papers, letters, receipts, and other written instruments used to prove a fact.
Strike
Highlighting in the record of a case, evidence that has been improperly offered and will not be relied upon.
Substitute
Contracts. One placed under another to transact business for him; in letters of attorney, power is generally given to the attorney to nominate and appoint a substitute.
Name
One or more words used to distinguish a particular individual, as Socrates, Benjamin Franklin.
Non-joinder
When a person who should have been made a party to a legal proceedings has been forgotten or omitted. This is usually addressed by asking the court to amend documents and including the forgotten party to the proceedings. It is the opposite of mis-joinder.
SIMILAR TERMS--------------------------------------
PREVIOUS AND NEXT TERMS--------------------------------------
Mise
English law. In a writ of right which is intended to be tried by the grand assize, the general issue is called the mise. Lawes, Civ. Pl. 111; 7 Cowen, 51. This word also signifies expenses, and it is so commonly used in the entries of judgments in personal actions; as when the plaintiff recovers, the judgment is quod recuperet damna sua for such value, and pro mises et custagiis for costs and charges for so much, &c.
Miserabile depositum
Civil law. The name of an involuntary deposit, made under pressing necessity; as, for instance, shipwreck, fire, or other inevitable calamity.
Misericordia
Mercy. An arbitrary or discretionary amercement.
Misfeasance
Torts, contracts. The performance of an act which might lawfully be done, in an improper manner, by which another person receives an injury. It differs from malfeasance, or, nonfeasance.
Misjoinder
Pleading. Misjoinder of causes of action, or counts, consists in joining, in different counts in one declaration, several demands, which the law does not permit to be joined, to enforce several distinct, substantive rights of recovery; as, where a declaration joins a count in trespass with another in case, for distinct wrongs or a count in tort, with another in contract.
Mis-joinder
Misnomer
The act of using a wrong name. Misnomers, may be considered with regard to contracts, to devises and bequests, and to suits or actions.
Mispleading
Pleading incorrectly, or omitting anything in pleading which is essential to the support or defence of an action, is so called.
Misprison
Criminal law. 1) In its larger sense, this word is used to signify every considerable misdemeanor, which has not a certain name given to it in the law; and it is said that a misprision is contained in every treason or felony whatever. 2) In its narrower sense it is the concealment of a crime. 3) Misprison of felony, is the like concealment of felony, without giving any degree of maintenance to the felon; Act of Congress of April 30, 1790.
Misreading
Contracts. When a deed is read falsely to an illiterate or blind man, who is a party to it, such false reading amounts to a fraud, because the contract never had the assent of both parties.
Misrecital
Contracts, pleading. The incorrect recital of a matter of fact, either in an agreement or a plea; under the latter term is here understood the declaration and all the subsequent pleadings.
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This dictionary contains 8526 terms.
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