Fact Pleading - Law Dictionary Search Results
aider by verdict
aider by verdict : the presumption after a verdict that all facts necessary to the verdict were proven : the correcting of a pleading defect (as failing to allege a
frivolous
11 of the Federal Rules of Civil Procedure requires the signature of an attorney or party on any pleading, motion, or other paper to certify that to the signer's knowledge it is grounded in fact and warranted … frivolous : lacking in any arguable basis or merit in either law or fact NOTE: In an attempt to discourage frivolous lawsuits, Rule 11 of the Federal Rules of Civil Procedure requires
stipulate
claim with prejudice "National Law Journal"] [pleaded guilty to the charge of battery and stipulated to the underlying facts "Luna v. Meinke, 844 F. Supp. 1284 (1994)"] vt 1 : to specify esp. as a condition or
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Equitable claims and defences at Common Law
at Common Law; The (English) Common Law Procedure Act, 1854 (ss 83-86), enabled any defendant to plead the facts which would entitle him, if judgment were obtained against him, to relief in Equity from such judgment on … and defences at Common Law; The (English) Common Law Procedure Act, 1854 (ss 83-86), enabled any defendant to plead the facts which would entitle him, if judgment were obtained against him, to relief in Equity from such
allege
see allegata ] 1 : to state without proof or before proving 2 : to state (as a fact) in a pleading : aver [failed to malice]
allegata
Latin, plural of allegatum, from Medieval Latin allegare to allege, from Latin, to dispatch, adduce in support] : facts alleged or allegations made in a pleading compare probata
negative averment
negative averment : a negative statement or allegation (as in a pleading) that constitutes a statement of fact and that must be proved by the party making it [a negative averment alleging that the plaintiff did
Brief
abbreviated statement of the pleadings, proofs, and affidavits in any legal proceeding, with a concise narrative of the facts and merits of the plaintiff's case, or the defendant's defence, for the instruction of counsel at the trial … Brief [fr. brevis, Lat.; brief, Dutch, a letter], an abbreviated statement of the pleadings, proofs, and affidavits in any legal proceeding, with a concise narrative of the facts and merits of the
Nemo debet bis vexari, si constat curi' quod sit pro una et eadem causa
the first indictment were such that he could have been lawfully convicted upon it by proof of the facts contained in the second indictment, Arch. Cr. Plead. For a recent instance of the application of the maxim, … have been lawfully convicted upon it by proof of the facts contained in the second indictment, Arch. Cr. Plead. For a recent instance of the application of the maxim, see Rex. v. Simpson, (1914) 1 KB 66.
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