Cross Action - Law Dictionary Search Results
Home Dictionary Name: cross action Page 1 of about 34 results (0.004 seconds)Cross-action
Cross-action, a claim by the defendant against the plaintiff put forward in a separate action but arising out of the subject-matter of the first actionand before final judgment theein. Procedure by counterclaim (q.v.) has now practically superseded cross-actions, except in Admiralty cases. Cross-actions are generally consolidated and tried together. See R.S.C., Ord. XIX, r. 3....
cross-action
cross-action : an action brought by a defendant in an existing action against a plaintiff or codefendant compare counterclaim, cross-appeal, cross-claim, third-party claim ...
cross-claim
cross-claim : a claim against a party on the same side of an action (as a coplaintiff or codefendant) compare counterclaim, cross-action, cross-appeal, third-party claim NOTE: Under Rule 13(g) of the Federal Rules of Civil Procedure, a cross-claim must be related to the original action in that it arises from the same transaction or occurrence as the original action or a counterclaim, or involves property that is the subject matter of the original action. cross-claim vi ...
cross-appeal
cross-appeal : an appeal taken by an appellee against the appellant compare counterclaim, cross-action, cross-claim cross-appeal vb ...
counterclaim
counterclaim : a 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 ...
third-party claim
third-party claim 1 : a claim made against a third party in a third-party complaint compare counterclaim, cross-action, cross-claim 2 : a claim made by an injured third party (as a third-party beneficiary of workers' compensation insurance) against an insurer or insured for indemnification ...
Counter-claim
Counter-claim, the word 'counter-claim' in s. 19(8) to (11) which is equated to a cross-suit, includes a claim if it is made in an independent suit filed earlier, Union of India, v. Abhijit Tea Co. (P.) Ltd., (2000) 7 SCC 357: AIR 2000 SC 2957 (2965). [Recovery of Debts due to Bank and Financial Institutions Act, 1993, s. 19(8) to (ii)]By (English) R.S.C. 1883, Ord. XIX., r. 3, under the (English) Judciature Act, 1873, s. 24 (3); replaced by the (English) Judicature Act, 1925, s. 39 (1) (a), subject to the provisions of Rule 15, Order XXI, (exclusion of counter-claim), a defendant in an action may set off, or set up by way of counterclaim, against the claims of the plaintiff, any right or claim, whether such set-off or counter-claim sound in damages or not, and such set-off or counterclaim shall have the same effect as across action, so as to enable the Court to pronounce a final judgment in the same action, both on the original and on the cross claim. (As amended by (English) R.S.C. N...
Set-off
Set-off, any counter-balance or cross-claim.A defendant's counter demand against the plaintiff, arising out of transaction independent of plaintiff's claim, Black's Law Dictionary, 7th Edn., p. 1376.The subject of a set-off under the former practice was a cross debt or claim, on which a separate action might be sustained, due to the party defendant from the party plaintiff. It was a defence crated by 2 Geo.2, c. 22, and had no existence at Common Law, and could only be pleaded in respect of mutual debts of a definite character, and did not apply to a claim founded in damages, or in the nature o a penalty, and the debt must have been due in the same right and between the same parties, and not a mere equitable demand. The defendant could not avail himself of a set-off, unless it were specially pleaded, and particulars thereof delivered with the plea.It is now provided by (English) R.S.C. 1883, Ord. XIX., r. 3, that a defendant in an action may set off or set up, by way of counter-claim a...
jurisdiction
jurisdiction [Latin jurisdictio, from juris, genitive of jus law + dictio act of saying, from dicere to say] 1 : the power, right, or authority to interpret, apply, and declare the law (as by rendering a decision) [to be removed to the State having of the crime "U.S. Constitution art. IV"] [a court of competent ] see also situs International Shoe Co. v. Washington in the Important Cases section compare venue NOTE: Jurisdiction determines which court system should properly adjudicate a case. Questions of jurisdiction also arise regarding quasi-judicial bodies (as administrative agencies) in their decision-making capacities. ancillary jurisdiction : jurisdiction giving a court the power to adjudicate claims (as counterclaims and cross-claims) because they arise from a cause of action over which the court has original jurisdiction ;specif : supplemental jurisdiction acquired by a federal court allowing it to adjudicate claims that are based on state law but that form part of a case...
trespass
trespass [Anglo-French trespas violation of the law, actionable wrong, from Old French, crossing, passage, from trespasser to go across, from tres across + passer to pass] : wrongful conduct causing harm to another: as a : a willful act or active negligence as distinguished from a mere omission of a duty that causes an injury to or invasion of the person, rights, or esp. property of another ;also : the common-law form of action for redress of injuries directly caused by such a wrongful act compare trespass on the case in this entry b : trespass quare clausum fregit in this entry con·tinu·ing trespass : a trespass that continues until the act (as of depriving another of his or her property without the intent to steal it) or instrumentality (as an object placed wrongfully on another's land) causing it is ended or removed criminal trespass : trespass to property that is forbidden by statute and punishable as a crime as distinguished from trespass that creates a cause o...
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