Juridical Dictionary

This dictionary contains:
8526
juridical terms

Misnomer






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.

RELATED TERMS
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Wrong
An injury; a tort a violation of right. In its most usual sense, wrong signifies an injury committed to the person or property of another, or to his relative rights, unconnected with contract; and these wrongs are committed with or without force. But in a more extended signification, wrong includes the violation of a contract; a failure by a man to perform his undertaking or promise is a wrong or injury to him to whom it was made.

Name
One or more words used to distinguish a particular individual, as Socrates, Benjamin Franklin.

Bequests
Gifts made in a will.



SIMILAR TERMS
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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
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

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.

Misrepresentation
A false and material statement which induces a party to enter into a contract. This is a ground for rescission of the contract.

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This dictionary contains 8526 terms.