General Issue - Law Dictionary Search Results
Home Dictionary Name: general issueGeneral issue
General issue, a plea simply traversing modo et forma the allegations in the declaration, as the plea of 'not guilty' in torts; 'never indebted' to money counts, or 'nunquam assumpsit' to actions on simple contract (English) C.L.P. Act, 1852, Sched. B, 37). Pleading the general issue was abolished by the (English) Judicature Acts, R.S.C. 1883, Ord. XIX., r. 4, providing that every pleading shall contain, and contain only, a statement in a summary form of the facts on which the party pleading relies; and the particular form of pleading the general issue by pleading ''not guilty by statute' (see that title) is abolished by the (English) Public Authorities Protection Act, 1893, as regards any proceeding to which that Act applies.In criminal proceedings the general issue is 'not guilty,' which is pleaded viva voce by the prisoner at the bar....
Public Authorities, Protection of
Public Authorities, Protection of. Very numerous statues have from time to time protected justices of the peace, constables, surveyors of highways, local boards and other public authorities from vexatious actions for things done in pursuance of the Acts. This protection was given by requiring the plaintiff to give notice of action, by compelling him to try the action in the place where the cause of it arose, by requiring him to bring his action within a short limit of time, by enabling defendants to plead the general issue (see GENERAL ISSUE) and to tender amends and by enacting that the plaintiff if unsuccessful should pay double or treble costs. These varying enactments were reduced into one by the Public Authorities Protection Act, 1893 (56 & 57 Vict. c. 61), which applies to common law as well as to statutory duties, to individuals as well as to public authorities, and to acts of omission as well as to acts of commission. This Act provides (1) six months as the limit of time for th...
Tail after possibility of issue extinct, Tenant in
Tail after possibility of issue extinct, Tenant in. This estate arises out of a special entail as to the parentage of the issue, when the express condition has become impossible by reason of death. Thus, if an estate be granted to husband and wife, and their issue, male or female, if either of them die without issue, the survivor is tenant-in-tail after possibility of issue extinct; and even if there have been issue, yet if the issue die without issue, then the surviving parent is also such a tenant; and also if an estate be entailed upon a man and his issue from a particular wife, if she die without issue, the interest of the husband becomes reduced to a tenancy-in-tail after possibility of issue extinct. Only a donee in tail-special can become such a tenant, for if the entail be general, such a tenancy can never arise; for whilst he lives he may have issue, the law not admitting the impossibility of having children at any age. As an estate-tail is originally carved out of a fee-simpl...
comptroller general procurement decisions
comptroller general procurement decisions The Comptroller General's decisions issued regarding appropriations, bid protests, major rules and related issues. These decisions are prepared by the GAO's Office of General Counsel. Source: FindLaw ...
De injuria sua propria absque tali causa
De injuria sua propria absque tali causa (of his own wrong, without any such cause as alleged), more compendiously called the traverse de injuria, a species of traverse by replication in pleading, now obsolete, which varied from the common form, and which, though confined to particular actions, and to a particular stage of the pleadings, was of frequent occurrence. It always tendered issue; but, on the other hand, differed (like many of the general issues) from the common form of a traverse, by denying in general and summary terms, and not in the words of the allegation traversed.This species of traverse occurred in the replication in actions of trespass, trespass on the case (including a species of assumpsit), and in the plea in bar in replevin, but was not used in any other stages of the pleadings, See Steph. On Plead.All the advantages of this replication were obtained in every case by joining issue, as provided by the C.L.P. Act, 1852, s. 79, now replaced by R.S.C. 1883, Ord. XIX.,...
two issue rule
two issue rule : a rule of procedure: a general verdict that is returned in a case having more than one theory of liability and that is supported by at least one issue will stand regardless of error as to other issues ...
general verdict rule
general verdict rule : a rule providing that if a jury returns a general verdict in favor of one party it is presumed to have found in favor of that party on every issue ...
Acts of the General Assembly of the Church of Scotland
Acts of the General Assembly of the Church of Scotland. The acts of the General Assembly, issued under their legislative powers, are binding on all the members and judicatories of the church. The form of their procedure is regulated by an Act of the church (1697), termed the Barrier Act, Bell's Scotch Law Dict....
General tail
General tail, an estate-tail where one parent only is specified whence the issue must be derived, as to A. and the heirs of his body. See TAIL....
issue
issue 1 pl : proceeds from a source of revenue (as an estate) [rents, s, and profits] 2 : one or more lineal descendants [died without ] compare child, heir 3 a : a vital question or problem [cited a national security ] [raised an of public safety] b : a matter of dispute between two or more parties ;specif : a single material point of fact or law in litigation that is affirmed by one side and denied by the other and that is a subject of the final determination (as by jury) of the proceedings genuine issue : an issue of fact that requires adjudication by trial rather than summary judgment because sufficient evidence exists to support a verdict for the party opposing the motion for summary judgment NOTE: The burden is on the party moving for summary judgment to show that no genuine issue is in dispute. issue of fact : a dispute about a material fact that is raised by pleadings and that must be resolved by a decision under the law in order to become res judicata issue of la...
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