Affirmative Action - Law Dictionary Search Results
Declaration
Declaration, a proclamation or affirmation, open expression or publication. A statement on the plaintiff's part of his cause of action, following after service
Issue
point in question, as the conclusion of the pleadings between contending parties in an action, when one side affirms and the other denies. It is provided by the present rules of pleading that the plaintiff by his
abandonment
contract 4 a : the act of abandoning a course of action (as a crime) b : the affirmative defense (as recognized under the Model Penal Code) of voluntary withdrawal from the commission of a crime resulting
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necessity
a need to respond or react to a dangerous situation by committing a criminal act b : an affirmative defense originating in common law that the defendant had to commit a criminal act because of the pressure … -ties 1 a : the presence or pressure of circumstances that justify or compel a certain course of action ;esp : a need to respond or react to a dangerous situation by committing a criminal act b
counterclaim
claim for relief that is asserted against an opposing party after an original claim has been made compare affirmative defense at defense, cross-action, cross-appeal, cross-claim, interpleader, third-party claim counterclaim vb
accept
acts in a way that is inconsistent with seller's ownership of the goods. 2 : to make an affirmative or favorable response to ;specif : to indicate by words or action one's assent to (an offer) and
affirm
affirm 1 : to assert as true or factual 2 : to assert (as a judgment) as valid or … in place of swearing an oath to which one conscientiously objects 2 : to uphold the judgment or actions of a lower court [the appeals court ed] af·fir·mance [ə-fər-məns] n af·fir·ma·tion [a-fər-mā-shən] n
Right to begin
Right to begin. If the affirmative of the issue is on the plaintiff, he, in general, has a right to begin. If in replevin … avow for rent in arrear, and the plaintiff reply reins in arrear, the plaintiff must begin. In any action where the plaintiff seeks to recover damages of an unascertained amount, he is entitled to begin, though the
recoupment
a breach of contract or duty by the plaintiff in the same occurrence or transaction ;also : an affirmative defense alleging such a breach d : a counterclaim that arises out of the same occurrence or transaction … d : a counterclaim that arises out of the same occurrence or transaction as that of the original action compare set-off NOTE: Recoupment involves the type of claim that now must be asserted in a compulsory counterclaim.
fraud
deceive another and that is reasonably relied on by the other who is injured thereby b : the affirmative defense of having acted in response to a fraud 2 : the crime or tort of committing fraud … : the crime or tort of committing fraud [convicted of securities ] see also misrepresentation NOTE: A tort action based on fraud is also referred to as an action of deceit. actual fraud : fraud committed with
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