Actionable Claim - Law Dictionary Search Results
wrongful birth
the pregnancy ;also : the birth or injury at issue in such a claim [recognize a cause of action for wrongful birth] NOTE: Two factors behind the general recognition of the wrongful birth claim are scientific advances
quasi in rem
in rem jurisdiction at jurisdiction compare in personam, in rem NOTE: The plaintiff in a quasi in rem action uses the court's jurisdiction over the defendant's property in hopes of obtaining a remedy for a claim (as
Delictum
Delictum, challenge propter. See CHALLENGE. A delict, tort, wrong, injury or offence. Actions ex facie are such as are founded on a tort, as distinguished from actions on contract. … Delictum, challenge propter. See CHALLENGE. A delict, tort, wrong, injury or offence. Actions ex facie are such as are founded on a tort, as distinguished from
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False return
False return by sheriff on nulla bona to writ of fi. fa, after levying is actionable; for form of claim, see Bullen and Leake, Prec. Of Pl. A process server's or other court officials
Husband and wife
wife's torts and ante-nuptial contracts, debts and obligations. Previously to this enactment, by the Common Law, in an action in respect of a tort committed by a wife the husband had to be joined as a party, … debts and obligations. Previously to this enactment, by the Common Law, in an action in respect of a tort committed by a wife the husband had to be joined as a party, and though by s. 1(2)
Recital
Recital, is evidence as against the parties to the instrument and those claiming under them and in an action on the instrument itself, the recitals operate as an estoppel, though would not be so on a collateral … Recital, is evidence as against the parties to the instrument and those claiming under them and in an action on the instrument itself, the recitals operate as an estoppel, though would
Collision claim
Matched in: Term Collision claim
remove
to remove the action to federal district court when diversity of citizenship exists, when the action involves a claim or right arising under the U.S. Constitution or under laws or treaties of the U.S., or when the … vt : to change the location, position, station, status, or residence of: as a : to have (an action) transferred from one court to another and esp. from a state court to a federal court see also
prejudice
before + judicium judgment] 1 : injury or detriment to one's legal rights or claims (as from the action of another): as a : substantial impairment of a defendant's ability to defend [the court found no to … judgment, damage, from prae- before + judicium judgment] 1 : injury or detriment to one's legal rights or claims (as from the action of another): as a : substantial impairment of a defendant's ability to defend [the
state action
guaranteed under the Fourteenth Amendment to the U.S. Constitution. Such an action may be the subject of a claim brought under federal law (as section 1983) by one alleging a violation of constitutional rights, privileges, or immunities. … state action 1 : an action that is either taken directly by the state or bears a sufficient connection to
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