Juridical Dictionary

This dictionary contains:
8526
juridical terms

Splitting a cause of action




Splitting a cause of action

The bringing an action for only a part of the cause of action. This is not permitted either at law nor in equity.

RELATED TERMS
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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.

Cause
1) Civil law. It signifies the delivery of the thing, or the accomplishment of the act which is the object of a convention. 2) It is the consideration or motive for making a contract. 3) Pleading. The reason; the motive. 4) Practice. A contested question before a court of justice; it is a Suit or action.

Equity
A branch of English law which developed hundreds of years ago when litigants would go to the King and complain of harsh or inflexible rules of common law which prevented "justice" from prevailing. For example, strict common law rules would not recognize unjust enrichment, which was a legal relief developed by the equity courts. The typical Court of Equity decision would prevent a person from enforcing a common law court judgment. The kings delegated this special judicial review power over common law court rulings to chancellors. A new branch of law developed known as "equity", with their decisions eventually gaining precedence over those of the common law courts. A whole set of equity law principles were developed based on the predominant "fairness" characteristic of equity such as "equity will not suffer a wrong to be without a remedy" or "he who comes to equity must come with clean hands".



SIMILAR TERMS
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Split custody
A form of custody in which the actual time of physical custody is split between both parents, which gives both parents the right to make decisions.



PREVIOUS AND NEXT TERMS
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Spendthrift trust
A trust set up for the benefit of someone who the grantor believes would be incapable of managing his or her own financial affairs.

Sperate
That of which there is hope.

Spes recuperandi
The hope of recovery. This term is applied to cases of capture of an enemy's property as a booty or prize. As between the belligerent parties, the title to the property taken as a prize passes the moment there is no longer any hope of recovery.

Spinster
An addition given, in legal writings, to a woman who never was married.

Split custody
A form of custody in which the actual time of physical custody is split between both parents, which gives both parents the right to make decisions.

Splitting a cause of action

Spoliation
1) English ecclesiastical law. The name of a suit sued out in the spiritual court to recover for the fruits of the church, or for the church itself. 2) Torts. Destruction of a thing by the act of a stranger; as, the erasure or alteration of a writing by the act of a stranger, is called spoliation. This has not the effect to destroy its character or legal effect.

Sponsalia
Sponsolia or stipulatio sponsolitia. A promise lawfully made between persons capable of marrying each other, that at some future time they will marry

Sponsions
International law. Agreements or engagements made by certain public officers, as generals or admirals, in time of war, either without author-ity, or by exceeding the limits of authority under which they purport to be made.

Sponsor
Civil law. He who intervenes for another voluntarily and without being requested. The engagement which he enters into is only accessory to the principal

Spousal support
Money paid from one spouse to the other in one lump sum or in installments for a period of time. there are many factors considered. (see spousal support section in your state).

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This dictionary contains 8526 terms.







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