Juridical Dictionary

This dictionary contains:
8526
juridical terms

Peremptory defense






Peremptory defense

That the plaintiff never had, or has not now, a right of action.Sham defense. A mere pretense of a defense, set up in bad faith, and without color of fact.

RELATED TERMS
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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.

Right
1) Sometimes it signifies a law, as when we say that natural right requires us to keep our promises, or that it commands restitution, or that it forbids murder. In our language it is seldom used in this sense. 2) It sometimes means that quality in our actions by which they are denominated just ones. This is usually denominated rectitude. 3) It is that quality in a person by which he can do certain actions, or possess certain things which belong to him by virtue of some title. In this sense, we use it when we say that a man has a right to his estate or a right to defend himself.

Mere
This is the French word for mother. It is frequently used as, in ventre sa mere, which signifies; a child unborn, or in the womb.

Pretense
Also False Pretense. To represent something to be what it is not.

Faith
Probity; good faith is the very soul of contracts. Faith also signifies confidence, belief; as, full faith and credit ought to be given to the acts of a magistrate while acting within his jurisdiction.

Without
Pleading. This word is adopted in formal traverses, and is a negative signifying "and not for;" accordingly the language of the elder entries sometimes is, It et nemy pur tiel cause.

Fact
An action; a thing done. It is either simple or compound.



SIMILAR TERMS
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Peregrini
Civil law. Under the denomination of peregrini were comprehended all who did not enjoy any capacity of the law, namely, slaves, alien enemies, and such foreigners as belonged to nations with which the Romans bad not established relations.

Peremptory
Absolute; positive. A final determination to act without hope of renewing or altering.

Peremptory challenge
Request by a party that a judge not allow a certain prospective juror as a member of the jury. No reason or cause need be stated.

Peremptory defence
Equity, pleading. A defence which insists that the plaintiff never had the right to institute the suit, or that if he had, the original right is extinguished or determined.

Peremptory plea
Pleading. A plea which denies the plaintiff's cause of action.



PREVIOUS AND NEXT TERMS
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Perdonatio utlagariae
English law. A pardon for a man who, for contempt in not yielding obedience to the process of the king's courts, is outlawed, and afterwards, of his own accord, surrenders.

Peregrini
Civil law. Under the denomination of peregrini were comprehended all who did not enjoy any capacity of the law, namely, slaves, alien enemies, and such foreigners as belonged to nations with which the Romans bad not established relations.

Peremptory
Absolute; positive. A final determination to act without hope of renewing or altering.

Peremptory challenge
Request by a party that a judge not allow a certain prospective juror as a member of the jury. No reason or cause need be stated.

Peremptory defence
Equity, pleading. A defence which insists that the plaintiff never had the right to institute the suit, or that if he had, the original right is extinguished or determined.

Peremptory defense

Peremptory plea
Pleading. A plea which denies the plaintiff's cause of action.

Perfect
Something complete.

Perfidy
The act of one who has engaged his faith to do a thing, and does not do it, but does the contrary.

Performance
The act of doing something; the thing done is also called a performance.

Peril
The accident by which a thing is lost.

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This dictionary contains 8526 terms.