Action Non - Law Dictionary Search Results
Home Dictionary Name: action nonoffice action
office action A letter from a trademark examining attorney from the USPTO, setting forth the legal status of a trademark application. There are several types of Office actions: examiner's amendments, priority actions, non-final Office actions, final Office actions, and suspension inquiry letters. Source: U.S. Patent and Trademark Office ...
Non pros
Non pros., abbrev. For non prosequitur (he [the plaintiff] does not pursue [his action]). Where the plaintiff failed to take the proper step in his action in the proper time, the defendant entered what was called a non prosequitur, and signed final judgment against the plaintiff, who was said to be non pros.Under R.S.C. 1883, Ord. XXVII., when the plaintiff neglects to proceed, the course is for the defendant to apply for a dismissal of the action for want of prosecution....
Misfeasance and non-feasance
Misfeasance and non-feasance, there is a distinction between misfeasance (positive action) and non-feasance (omission). Misfeasance is wilful, reckless or heedless conduct in commission of a positive act lawfully done but with improper conduct. Non-feasance means non-performance of some act which ought to be performed or omission to perform required duty or total neglect of duty. In the case of misfeasance, the defendant is the author of the source of danger to cause damage due to careless conduct, to the person/property of plaintiff. He has knowledge that the act may give rise to tort but in the case of non-feasance several factors require consideration for giving rise to actionable negligence, Rajkot Municipal Corporation v. Manjulaben Jayantilal Nakum, (1997) 9 SCC 552 (582)...
Actio non datur non damnificato
Actio non datur non damnificato [Lat.], An action is not given to him who is not injured.The injury here referred to must be such as the law makes actionable, otherwise the party is non damnificatus, and it is a case of damnum sine injuria....
Non-feasance
Non-feasance, an offence of omission. The term is usually applied to a failure to perform a duty to the public. As to liability to an action for damages for non-feasance as distinguished from mis-feasance, see Maguire v. Liverpool Corporation, (1905) 1 KB 767; McClelland v. Manchester Corporation, (1912) 1 KB 118; and Boyntin v. Ancholme Drainage and Nvigation Commissioners, (1921) 2 KB 213.Non-feasance not amounting to gross negligence in gratuitous bailments or undertakings is not actionable, but mis-feasance in such cases imposes a liability; and see NEGLIGENCE.Non-feasance would apply to a case where a person omits to do some act prescribed by law, Khairul Bashar v. Thannu Lal, AIR 1957 All 553....
Non-tenure
Non-tenure, a plea in bar to a real action, by saying that he (the defendant) held not the land mentioned in the plaintiff's count or declaration, or at least some part thereof. It was either general, where one denied ever to have been tenant of the land in question, or special, where it was alleged he was not tenant on the day whereon the writ was sued out, 1 Mod. 181.The distinction between real and personal actions has now practically ceased to exist. See ACTION....
Use and occupation, Action for
Use and occupation, Action for, an action for dam-ages upon the case for breach of an implied agreement to pay for the use of a landlord's property under the Distress for Rent Act, 1737 (11 Geo. 2, c. 19), s. 14, whereby it is enacted that it shall be lawful for the landlord, where the agreement is not by deed, to recover a reasonable satisfaction for the lands, tenements, or hereditaments held or occupied by the defendant in an action on the case, for the use or occupation of what was so held or enjoyed; and if in evidence on the trial of such action any parole demise, or any agreement (not being by deed) whereon a certain rent was reserved, shall appear, the plaintiff in such action shall not therefore be non-suited, but may make use thereof as an evidence of the quantum of the damages to be recovered. Apparently, the action is not for damages ex delictu, because the action is not maintainable against a trespasser or wrong-doer, an action for debt on the demise but not upon covenant ...
Ad questiones facti non respondent judices; ad questiones legis non respondent juratores
Ad questiones facti non respondent judices; ad questiones legis non respondent juratores. Co. Litt. 295.-(Judges do not answer questions of fact; juris do not answer questions of law). See Broom's Leg. Max. Since the Common Law Procedure Act, 1854, and now by R. S. C. Ord. XXXVI., a judge in a civil action may answer questions of fact without a jury....
Ex turpi causa non oritur actio
Ex turpi causa non oritur actio.-(No right of action arises from a base cause.) See Ex DOLO MALO, etc. There are also maxims, Ex maleficio non oritur contractus and Ex facto illicito non oritur actio, to the same effect....
Factum a judice quod ad officium ejus non spectat, ratum non est
Factum a judice quod ad officium ejus non spectat, ratum non est [Lat.] An action of a judge, which relates not to his office, is of no force....
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