General Issue - Law Dictionary Search Results
Home Dictionary Name: general issue Page: 2Not guilty
Not guilty, a plea by way of traverse which occurred in actions of trespass, libel, or other tort, and amounted to a denial only of the breach of duty or wrongful act alleged to have been committed by the defendant; this was called pleading the 'general issue.' See PLEADING.The plea of not guilty, jin criminal proceedings, is the proper form wherever a prisoner means either to deny or justify the charge in the indictment; the effect of which plea is, that on the one hand, it puts the prosecutor to the proof of every material fact alleged in the indictment or information, and on the other it entitles the defendant to avail himself of any defensive circumstances as amply as if he had pleaded them in a specific form....
Nil debet
Nil debet (he owes nothing), the old form of the general issue in all actions of debt not founded on a specialty. This plea was not allowed after Reg. Gen. T.T. 1853 r. 11....
Ne dona pas, or non dedit
Ne dona pas, or non dedit, the general issue in a formedon, now abolished. It denied the gift in tail to have been made in manner and form as alleged, and was therefore the proper plea, if the tenant meant to dispute the fact of the gift, but did not apply to any other case, 5 East, 289....
Ne disturba pas
Ne disturba pas, the general issue in quare impedit. It simply denied that the defendant obstructed the presentation, and was adapted to no other ground of defence. see now (English) C.L.P. Act, 1860, ss. 26, 27 and PLEADING....
Express colour
Express colour, in pleading. an evasive form of special pleading in a case where the defendant ought to plead the general issue. Abolished by the (English) Common Law Procedure Act, 1852 (15 & 16 Vict. c. 76), s. 64....
Arraign
Arraign [fr. arraisonner, aresner, aregnir, arraigner, Old Fr., i.e., ad rationem ponere, Lat., to call one to account], to bring a prisoner to the bar of the Court to answer the matter charged upon him in the indictment. The arraignment of a prisoner consists of calling upon him by name, reading to him the indictment, demanding of him whether he be guilty or not guilty, and entering his plea. The pleas upon arraignment are either the general issue, i.e., not guilty, or a plea in abatement or in bar, or the prisoner may demur to the indictment, or he may confess the fact, upon which the Court proceeds immediately to judgment. But, if the prisoner 'shall stand mute or malice, or will not answer directly to the indictment or information,' the Court, if it shall so think fit, may 'order the proper officer to enter a plea of 'not guilty' on behalf of such a person, and the plea so entered shall have the same force and effect as if the person had so pleaded the same.'-Crim. Law Act,1827 (7 ...
VerbarNon est factum
The plea of the general issue in an action of debt on bond...
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...
Extent
Extent, the peculiar remedy to recover debts of record due to the Crown; it differs from an ordinary writ of execution at the suit of a subject, because under it the body, lands, and goods of the debtor may all be taken at once, in order to compel the payment of the debt. It is not usual, however, to seize the body.There are two kinds of Extent--in chief and in aid. (1) Extent in chief. It issues from the Exchequer, and may bear teste and be made returnable on any day certain in term of vacation (5 & 6 Vict. c. 86, s. 8). It directs the sheriff to take an inquisition or inquest of office, on the oaths of lawful men, to ascertain the lands, etc., of the debtor, and seize the same into the King's hands. The writ should be preceded by a cire facias in order to bring the debtor into Court, and afford him an opportunity to show cause against it; but where the debt is in danger of being lost, the extent will be issued without a scire facias upon an affidavit of circumstances; and after the s...
Verdict
Verdict [fr. vere dictum, Lat.], the determination of a jury declared to a judge.1. A jury's finding or decision on factual issue of a case 2. Loosely, in a non jury trial, a judge's resolution of the issues of a case.The verdict is either general or special. A general verdict is given, viva voce, by the jury, thus, 'We find for the plaintiff, damages -,' or, if for the defendant, then, 'We find for the defendant.' In criminal cases a general verdict is either Guilty, or Not Guilty. If there be several issues, the verdict may be distributed, some issues being found for the plaintiff and others for the defendant. A verdict must comprehend the whole issues submitted to a jury in the particular cause, otherwise the judgment founded upon it may be reversed. See SPECIAL VERDICT; PREVERSE VERDICT....
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