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| This dictionary contains: 8526 juridical terms |
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Other wrongs, pleading, evidence
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Other wrongs, pleading, evidencePleading, evidence. In actions of trespass, the declaration concludes by charging generally, that the defendant did other wrongs to the plaintiff to his great damage. When the injury is a continuation or consequence of the trespass declared on, the plaintiff may give evidence of such injury under this averment of other wrongs.
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.
Evidence
Proof of fact(s) presented at a trial. The best and most common method is by oral testimony; where you have an eye-witness swear to tell the truth and to then relate to the court (or jury) their experience. Evidence is essential in convincing the judge or jury of your facts as the judge (or jury) is expected to start off with a blank slate; no preconceived idea or knowledge of the facts. So it is up to the opposing parties to prove (by providing evidence), to the satisfaction of the court (or jury), the facts needed to support their case. Besides oral testimony, an object can be deposited with the court (eg. a signed contract). This is sometimes called "real evidence." In other rarer cases, evidence can be circumstantial.
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.
Defendant
A party who is sued in a personal action.
Plaintiff
The party who begins an action; the party who complains or sues in an action and is named as such in the court's records. Also called a petitioner.
Damage
Torts. The loss caused by one person to another, or to his property, either with the design of injuring him, with negligence and carelessness, or by inevitable accident.
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.
Injury
Any legal harm, wrong or damage done to a person's body, property, rights or reputation, and that the law recognizes as deserving of redress.
Averment
French averer, to affirm as true: Latin ad, to; verum, truth. A positive statement of the truth of a fact; a formal allegation in pleading.
SIMILAR TERMS--------------------------------------
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Orphanotrophi
Civil law. Persons who have the charge of administering the affairs of houses destined for the use of orphans. Clef des Lois Rom. mot Ad- ministrateurs.
Orphans' court
The name of a court in some of the states, having jurisdic- tion of the estates and persons of orphans.
Orse
(United Kingdom) Otherwise.
Ospar convention
The Convention for the Protection of the Marine Environment of the North East Atlantic, aopted at Paris, September 22, 1992 and in force March 25, 1998. This Convention is the mechanism by which Belgium, Denmark, Finland, France, Germany, Iceland, Ireland, Luxembourg, the Netherlands, Norway, Portugal, Spain, Sweden, Switzerland and the United Kingdom, cooperate for the protection of the marine environment of the North East Atlantic.
Ostensible partner
One whose name appears in a firm, as a partner, and who is really such.
Other wrongs, pleading, evidence
Ounce
The name of a weight. An ounce avoirdupois weight is the sixteenth part of a pound; an ounce troy weight is the twelfth part of a pound.
Ouster
Torts. An ouster is the actual turning out, or keeping excluded, the party entitlod to possession of any real property corporeal.
Ouster le main
In law-French, this signifies, to take out of the hand. In the old English law it signified a livery of lands out of the hands of the lord, after the tenant came of age. If the lord refused to deliver such lands, the tenant was entitled to a writ to recover the same from the lord; this recovery out of the hands of the lord was called ouster le main.
Out of wedlock
Born out of wedlock. A child born of parents who were not legally married to each other at that time.
Outfit
An allowance made by the government of the United States to a minis-ter plenipotentiary, or charge des affaires, on going from the United States to any foreign country.
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.
Evidence
Proof of fact(s) presented at a trial. The best and most common method is by oral testimony; where you have an eye-witness swear to tell the truth and to then relate to the court (or jury) their experience. Evidence is essential in convincing the judge or jury of your facts as the judge (or jury) is expected to start off with a blank slate; no preconceived idea or knowledge of the facts. So it is up to the opposing parties to prove (by providing evidence), to the satisfaction of the court (or jury), the facts needed to support their case. Besides oral testimony, an object can be deposited with the court (eg. a signed contract). This is sometimes called "real evidence." In other rarer cases, evidence can be circumstantial.
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.
Defendant
A party who is sued in a personal action.
Plaintiff
The party who begins an action; the party who complains or sues in an action and is named as such in the court's records. Also called a petitioner.
Damage
Torts. The loss caused by one person to another, or to his property, either with the design of injuring him, with negligence and carelessness, or by inevitable accident.
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.
Injury
Any legal harm, wrong or damage done to a person's body, property, rights or reputation, and that the law recognizes as deserving of redress.
Averment
French averer, to affirm as true: Latin ad, to; verum, truth. A positive statement of the truth of a fact; a formal allegation in pleading.
SIMILAR TERMS--------------------------------------
PREVIOUS AND NEXT TERMS--------------------------------------
Orphanotrophi
Civil law. Persons who have the charge of administering the affairs of houses destined for the use of orphans. Clef des Lois Rom. mot Ad- ministrateurs.
Orphans' court
The name of a court in some of the states, having jurisdic- tion of the estates and persons of orphans.
Orse
(United Kingdom) Otherwise.
Ospar convention
The Convention for the Protection of the Marine Environment of the North East Atlantic, aopted at Paris, September 22, 1992 and in force March 25, 1998. This Convention is the mechanism by which Belgium, Denmark, Finland, France, Germany, Iceland, Ireland, Luxembourg, the Netherlands, Norway, Portugal, Spain, Sweden, Switzerland and the United Kingdom, cooperate for the protection of the marine environment of the North East Atlantic.
Ostensible partner
One whose name appears in a firm, as a partner, and who is really such.
Other wrongs, pleading, evidence
Ounce
The name of a weight. An ounce avoirdupois weight is the sixteenth part of a pound; an ounce troy weight is the twelfth part of a pound.
Ouster
Torts. An ouster is the actual turning out, or keeping excluded, the party entitlod to possession of any real property corporeal.
Ouster le main
In law-French, this signifies, to take out of the hand. In the old English law it signified a livery of lands out of the hands of the lord, after the tenant came of age. If the lord refused to deliver such lands, the tenant was entitled to a writ to recover the same from the lord; this recovery out of the hands of the lord was called ouster le main.
Out of wedlock
Born out of wedlock. A child born of parents who were not legally married to each other at that time.
Outfit
An allowance made by the government of the United States to a minis-ter plenipotentiary, or charge des affaires, on going from the United States to any foreign country.
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This dictionary contains 8526 terms.
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