Idem Sonans - Law Dictionary Search Results
Home Dictionary Name: idem sonansidem sonans
idem sonans [Latin, sounding the same] : relating to or being two names having the same or similar pronunciation or sound [the two names are not idem sonans "Johnson v. Estelle, 704 F.2d 232 (1983)"] [the idem sonans test] compare misnomer NOTE: An idem sonans name allows a pleading or other document (as a warrant) to be considered valid despite the minor misspelling of a name or other misidentification of a party (as in identifying a corporation as a partnership). The fact that two trademarks are idem sonans may be used to establish the likelihood of confusion on the part of consumers in a trademark infringement case. ...
Idem sonans
Idem sonans (sounding alike). A wrong or unsuit-able name. The courts will not set aside proceed-ings on account of the mispronunciation or mistake of names sounding alike, unless substantial in-justice has been done. See Reg. v. Mellor, (1858) 27 LJQB 121, where on a trial for murder it was discovered after conviction that Joseph Henry Thorne and William Thorniley, having both been on the panel, William Thorniley had by mistake answered to the name of Joseph Henry Thorne, and been sworn. Seven judges to six held that the conviction ought not to be set aside, two of them only on the ground of want of jurisdiction in the Court for Crown Cases Reserved (see CROWN CASES RESERVED); and see also Wells v. Cooper, (1874) 30 LT 721, where in an action of trespass Thomas Cox, a special juror, served by mistake for Thomas Fox on a common jury. And see MISNOMER....
misnomer
misnomer [Anglo-French mesnomer, from mesnomer to misname, from Middle French mes- wrongly + nommer to name, from Latin nominare, from nomin- nomen name] : the misnaming of a person in a legal document or proceeding (as in a complaint or indictment) ;specif : the institution of proceedings against and service of process on the correct party using the incorrect name compare idem sonans NOTE: Amendment of the pleadings is generally allowed in cases of misnomer. ...
Jury
Jury [fr. jurata, Lat.; jure, Fr.], a number of persons sworn to deliver a verdict upon evidence delivered to them touching the issue.Trial by jury may be traced to the earliest Anglo-Saxon times. One of the judicial customs of the Saxons was that a man might be cleared of an accusation of certain crimes, if an appointed number of persons (juratores, or more properly compurgatores) came forward and swore to a veredictum, that they believed him innocent. It is remarkable that for accusations of any consequence among the Saxons on the continent, twelve juratores was the number required for an acquittal. Similar customs may be observed in the laws of Athens and Rome, where dikaotai and judices answer to jurors, an of the continental Angli and Frisiones, though the number of jurors varied.See, as to the introduction and growth of trial by jury in England, Forsyth's History of Trial by Jury; and for comments on and proposed amendments of the law, see Erle's Jury Laws and their Amendment, pu...
Idem per idem
Idem per idem, an illustration of a kind that really adds no additional element to the consideration of the question.Means the same for the same. This phrase refers to an illustration that adds nothing to a matter under consideration, Black's Law Dictionary, 7th Edn., p. 748....
Ubi eadem ratio ibi idem jus, et de similibus idem est judicium
Ubi eadem ratio ibi idem jus, et de similibus idem est judicium (Co. Litt. 191a), where there is the same reason, there is the same right; and of things similar, the judgment is similar....
ad idem
ad idem [Latin, to the same] : in agreement : at a meeting of the minds [the parties were ad idem] ...
idem
idem [Latin, same] : something previously mentioned : the same authority used in citations to cases and other works to refer to an immediately preceding reference compare infra, supra NOTE: Idem is usually used in the form of its abbreviation id.[In Bally, the plaintiff also claimed…403 Mass. at 720-21. The [court] denied the claim…Id. at 721 "R. T. Gerwatowski"] ...
consensus ad idem
consensus ad idem [Latin, agreement with respect to the same thing] : meeting of the minds ...
Ad idem
Ad idem (at the same point), said of negotiating parties when they are quite agreed, so that a binding contract has been made between them. So long as any new term is put forward by one party and not accepted by the other, this cannot be....
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