Defend - Law Dictionary Search Results
Home Dictionary Name: defend Page: 2Defender of the Faith
Defender of the Faith [ fidei defensor, Lat.], a title of the Sovereign of England, as Catholic is of the King of Spain, and Most Christian was of the King of France. It is still stamped (F.D. or Fid. Def.) on British coins. These titles were originally given by the Pope; and that of Defensor Fidei was first conferred in 1521 by Leo. X. on henry VIII. (but personally only), as a reward for writing against Martin Luther. In 1538 Pope Paul III., on King Henry's suppressing the monasteries, in the Bulla citatoria regis Angli' 'delivered over Henry's soul to the devil, and his dominions to the first invader,' without, however, expressly withdrawing the title; but by 35 Hen. 8, c. 3, the title was expressly given by Parliament, and has continued to be used by all succeeding Sovereigns of this country to this day, notwithstanding the repeal of 35 Hen. 8, c. 3, by 1 & 2 Ph. & M. c. 8, s. 4 (or 20), and the continuation of that repeal by 1 Eliz. c. 1, s. 4 (or 13). See Introduction to the 1901...
Advow, or Avow, or Avouch
Advow, or Avow, or Avouch [under the feudal system, when the right of a tenant was impugned, he had to call upon his lord to come forward and defend his right. This, in the Latin of the time, was called advocare, Fr. voucher a garantie, to vouch or call to warrant. As the calling the lord of the fee to defend the right of the tenant involved the admission of all the duties implied in feudal tenancy, it was an act jealously looked after by the lords, and advocare, or the equivalent, Fr. avouer, to avow, came to signify the admission by a tenant of a certain person as feudal superior. Finally, with some grammatical confusion, the words advocare, and avow or avouch, came to be used in the sense of performing the part of the vouchee, or person called on to defend the right impugned. Wedgw.], to justify or maintain an act, e.g., one distrains for rent, and he that is distrained brings an action of replevin; if the distrainer in his defence justify or maintain his act, he is said to advow or...
Judgment
Judgment [fr. judgment, Fr.], judicial determination; decision of a Court.Under the former practice of the superior Courts, this term was usually applied only to the Common Law Courts, the term 'decree' being in general use in the Court of Chancery. The expression 'Judg-ment,' however, is now used generally except in matrimonial causes, the term 'judgment' including 'decree' [(English) Jud. Act, 1925, s. 225, replacing Jud. Act,1873, s. 100].The several species of judgments are either:-(a) Interlocutory, given in the course of a cause, upon some plea, proceeding, or default, which is only intermediate, and does not finally determine or complete the action. See INQUIRY; SUMMONSES; and ORDERS; and the various titles of the subjects of such judgments as MANDAMUS; INJUNC-TION, etc.(b) Final, putting an end to the action by an award of redress to one party, or discharge of the other, as the case may be.By the (English) C.L.P. Act,1852, s. 120, a plaintiff or defendant having obtained a verd...
Mary Carter agreement
Mary Carter agreement [from Booth v. Mary Carter Paint Co., 202 So. 2d 8 (1967), Florida appeals court case that popularized the agreement] : a secret agreement between a plaintiff and one or more but not all codefendants which limits the liability of the defendants by giving them an interest in the recovery awarded to the plaintiff NOTE: In a Mary Carter agreement, the participating defendants agree to remain as parties to the lawsuit and guarantee payment to the plaintiff of a settled amount if no recovery is awarded against the other defendants. The plaintiff agrees to offset their liability by, or sometimes even to pay them from, a recovery awarded from the other defendants. Some states allow the admission of Mary Carter agreements into evidence. In other states they are illegal. ...
Defendemus
Defendemus (we will defend), a word used in grants and donations, which binds the donor and his heirs to defend the donee, if anyone go about to lay any incumbrance on the thing given other than what is contained in the deed of donation, Bract, 1. 2, c. xvi....
Next friend
Next friend. At law, an infant having a guardian might sue by his guardian, as such, or by his next friend, though he must always have defended by his guardian. In equity he sued by next friend, and not by guardian, and defended by guardian ad litem. A married woman, before the Married Women's Property Act, could not sue either at law or inequity unless her husband were joined.Infants may sue as plaintiffs by their next friends in the manner practised before the Jud. Acts in the Court of Chancery (as to which see Dan. Ch Pr., 5th ed. p. 602), and may in like manner defend any action by their guardian appointed for that purpose by Ord. XVI., r. 16. The next friend of an infant is prima facie liable for the costs, which are, however, reimbursed to him out of the infant's estate, provided he have acted properly; but the next friend of a feme covert did not incur the like responsibility. [O. 32, r. 1, C.P.C.]A married woman had, by Ord. XVI., r. 8, of the Rules of 1875, the same right of s...
Restitutio in integrum
Restitutio in integrum, the rescinding of a contract or transaction, so as to place the parties to it in the same position, with respect to one another, which they occupied before the contract was made, or the transaction took place. The restitutio here spoken of is founded on the edict. If the contract or transaction is such as not to be valid, according to the jus civile this restitutio is not needed, and it only applies to cases of contracts and transactions, which are not in their nature or form invalid. In order to entitle a person to the restitutio, he must have sustained some injury capable of being estimated, in consequence of the contract or transaction, and not through any fault of his own, except in the case of one who is minor xxv. Annorum, who was protected by the restitutio against the consequences of his own carelessness.The following are the chief cases in which a restitutio might be decreed:-The case of vis et metus. When a man had acted under the influence of force or...
Plea
That which is alleged by a party in support of his cause in a stricter sense an allegation of fact in a cause as distinguished from a demurrer in a still more limited sense and in modern practice the defendants answer to the plaintiffs declaration and demand That which the plaintiff alleges in his declaration is answered and repelled or justified by the defendants plea In chancery practice a plea is a special answer showing or relying upon one or more things as a cause why the suit should be either dismissed delayed or barred In criminal practice the plea is the defendants formal answer to the indictment or information presented against him...
defense
defense 1 : the act or action of defending see also self-defense 2 a : the theory or ground that forms the basis for a defendant's opposition to an allegation in a complaint or to a charge in a charging instrument (as an indictment) ;also : the evidence and arguments presented supporting the defendant's opposition see also accord, alibi, assumption of risk, coercion, consent contributory negligence at negligence, denial, diminished capacity, duress, entrapment, estoppel, fraud, infancy, insanity, intoxication, laches, mistake, necessity, res judicata, statute of limitations absolute defense : complete defense in this entry af·fir·ma·tive defense : a defense that does not deny the truth of the allegations against the defendant but gives some other reason (as insanity, assumption of risk, or expiration of the statute of limitations) why the defendant cannot be held liable NOTE: The defendant bears the burden of proof as to affirmative defenses. choice of evils d...
Defense
The act of defending or the state of being defended protection as from violence or danger...
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