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| This dictionary contains: 8526 juridical terms |
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Misjoinder
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MisjoinderPleading. 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.
RELATED TERMS--------------------------------------
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.
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.
Action
1) French commercial. Stock in a company, shares in a corporation. 2)Civil law. An action instituted to avoid a sale onaccount of some Vice or defect in the thing sold which readers it either absolutely useless, or its use so inconvenient and, imperfect, that it must be, supposed the buyer would not have purchased it, had he known of the vice.
Several
A state of separation or partition. A several agreement or cove-nant, is one entered into by two or more persons separately, each binding himself for the whole; a several action is one in which two or more persons are separately charged; a several inheritance, is one conveyed so as to descend, or come to two persons separately by moieties. Several is usually opposed to joint.
Permit
A license or warrant to do something not forbidden bylaw.
Recovery
A recovery, in its most extensive sense, is the restoration of a former right, by the solemn judgment of a Court of justice.
Count
A statement of facts that clearly defines the complaint.
Trespass
Torts. An unlawful act committed with violence, ti et armis, to the person, property or relative rights of another. Every felony includes a tres-pass, in common parlance, such acts are not in general considered as tres-passes, yet they subject the offender to an action of trespass after his conviction or acquittal. 2) Remedies. The name of an action, instituted for the recovery of damages, for a wrong committed against the plaintiff, with immediate force; as an assault and battery against the person; an unlawful entry into his, land, and an unlawful injury with direct force to his personal property. It does not lie for a mere non-feasance, nor when the matter affected was not tangible.
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
Tort
An injury; a wrong; hence the expression an executor de son tort, of his own wrong.
Contract
A negotiated oral or written agreement setting forth the terms for an exchange of value between parties (which may be individuals or companies) and under which each party promises to perform an obligation. Certain terms, such as the obligations to be performed and the terms for setting price or compensation must be mutually understood, known in legal lingo as a "meeting of the minds," and promised to by the parties to form a legal contract.
SIMILAR TERMS--------------------------------------
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Misdirection
Practice. An error made by a judge in charging the jury in a special case. Such misdirection is either in relation to matters of law or matters of fact.
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
Mis-joinder
When 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.
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.
RELATED TERMS--------------------------------------
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.
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.
Action
1) French commercial. Stock in a company, shares in a corporation. 2)Civil law. An action instituted to avoid a sale onaccount of some Vice or defect in the thing sold which readers it either absolutely useless, or its use so inconvenient and, imperfect, that it must be, supposed the buyer would not have purchased it, had he known of the vice.
Several
A state of separation or partition. A several agreement or cove-nant, is one entered into by two or more persons separately, each binding himself for the whole; a several action is one in which two or more persons are separately charged; a several inheritance, is one conveyed so as to descend, or come to two persons separately by moieties. Several is usually opposed to joint.
Permit
A license or warrant to do something not forbidden bylaw.
Recovery
A recovery, in its most extensive sense, is the restoration of a former right, by the solemn judgment of a Court of justice.
Count
A statement of facts that clearly defines the complaint.
Trespass
Torts. An unlawful act committed with violence, ti et armis, to the person, property or relative rights of another. Every felony includes a tres-pass, in common parlance, such acts are not in general considered as tres-passes, yet they subject the offender to an action of trespass after his conviction or acquittal. 2) Remedies. The name of an action, instituted for the recovery of damages, for a wrong committed against the plaintiff, with immediate force; as an assault and battery against the person; an unlawful entry into his, land, and an unlawful injury with direct force to his personal property. It does not lie for a mere non-feasance, nor when the matter affected was not tangible.
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
Tort
An injury; a wrong; hence the expression an executor de son tort, of his own wrong.
Contract
A negotiated oral or written agreement setting forth the terms for an exchange of value between parties (which may be individuals or companies) and under which each party promises to perform an obligation. Certain terms, such as the obligations to be performed and the terms for setting price or compensation must be mutually understood, known in legal lingo as a "meeting of the minds," and promised to by the parties to form a legal contract.
SIMILAR TERMS--------------------------------------
PREVIOUS AND NEXT TERMS--------------------------------------
Misdirection
Practice. An error made by a judge in charging the jury in a special case. Such misdirection is either in relation to matters of law or matters of fact.
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
Mis-joinder
When 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.
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.
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This dictionary contains 8526 terms.
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