Juridical Dictionary

This dictionary contains:
8526
juridical terms

Non-joinder






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.

RELATED TERMS
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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.

Legal
That which is according to law. It is used in opposition to equitable, as the legal estate is, in the trustee, the equitable estate in the cestui que trust.

Court
A body in government to which the administration of justice is delegated.

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.

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.



SIMILAR TERMS
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Non-competition clause
Non-competition clause/ Non-Compete/ Exclusivity/ Predatory Soliciting Clause. A contractual promise to the employing company under which a contractor, usually an ex-employee, agrees not compete with the original client by contracting with business competitors. Also found in third party contracts with agencies or brokers. These clauses are enforced, although courts will look unfavorably on a clause that imposes an undue hardship on the employee, such as a broad prohibition that forecloses an employee from working in his/her particular trade, or that has an unnecessarily broad geographic scope or time frame.

Non-Contact Visit
In the US penitentiary jargon, a visit in which the inmate and the visitor are not permitted to be in physical contact and are generally separated by a physical barrier.

Non-custodial parent
The parent who does not have physical custody of the child, and who typically is paying child support to the child.

Non-executive director
A director who is not an employee of the company and who only dictates part of his available time to the company is known as a non-executive director. Usually a person with particular experience or skills who holds a seat on the board to exercise a steadying influence on board decisions. His legal obligations to the company and creditors of skill and honesty are the same as those of an executive director.

Non-marital property
Property considered by the courts to belong to one spouse or another and that which is not available for equitable distribution.

Non-separation agreement
An agreement between a carrier and a cargo owner following a general average act which permits the cargo owner to have his goods discharged at the port of refuge and forwarded to destination by the carrier in another ship, thus terminating the common maritime adventure, in return for cargo contributing to future general average loss, according to values stated in the agreement, as if the common adventure were continued.

Non-vessel-operating common carrier
A common carrier that does not operate the vessel by which the ocean transportation is provided, and is a shipper (infra) in its relationship with an ocean common carrier.



PREVIOUS AND NEXT TERMS
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Non-competition clause
Non-competition clause/ Non-Compete/ Exclusivity/ Predatory Soliciting Clause. A contractual promise to the employing company under which a contractor, usually an ex-employee, agrees not compete with the original client by contracting with business competitors. Also found in third party contracts with agencies or brokers. These clauses are enforced, although courts will look unfavorably on a clause that imposes an undue hardship on the employee, such as a broad prohibition that forecloses an employee from working in his/her particular trade, or that has an unnecessarily broad geographic scope or time frame.

Non-custodial parent
The parent who does not have physical custody of the child, and who typically is paying child support to the child.

Non-executive director
A director who is not an employee of the company and who only dictates part of his available time to the company is known as a non-executive director. Usually a person with particular experience or skills who holds a seat on the board to exercise a steadying influence on board decisions. His legal obligations to the company and creditors of skill and honesty are the same as those of an executive director.

Nonfeasance
Not doing something that a person should be doing.

Nonimmigrant
An alien who seeks temporary entry to the United States for a specific purpose. The alien must have a permanent residence abroad (for most classes of admission) and qualify for the nonimmigrant classification sought.

Non-joinder

Nonjury trial
Trial before the court but without a jury.

Non-marital property
Property considered by the courts to belong to one spouse or another and that which is not available for equitable distribution.

Nonpreference category
Nonpreference visas were available to qualified applicants not entitled to a visa under the preferences until the category was eliminated by the Immigration Act of 1990. Nonpreference visas for persons not entitled to the other preferences had not been available since September 1978 because of high demand in the preference categories.

Nonsense
Construction. That which in a written agreement or will is unintelligible.

Non-separation agreement
An agreement between a carrier and a cargo owner following a general average act which permits the cargo owner to have his goods discharged at the port of refuge and forwarded to destination by the carrier in another ship, thus terminating the common maritime adventure, in return for cargo contributing to future general average loss, according to values stated in the agreement, as if the common adventure were continued.

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This dictionary contains 8526 terms.