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Insufficiency - Law Dictionary Search Results

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Insufficiency

Insufficiency, an answer in Chancery was said to be insufficient when it did not specially reply to the specific charges in the bill.If a plaintiff conceived an answer to be insufficient, he might take exception to it in writing, stating the parts of the bill which he alleged were not answered, and praying that the defendant mightin such respect file a further and full answer tothe bill. Scandal and impertinence in an answer must have been disposed of before its sufficiency could be considered. See INTERROGATORIES; and Dan.Ch. Pr....


Insufficiently

In an insufficient manner or degree unadequately...


Consideration

Consideration. Any act of the promisee (the person claiming the benefit of an obligation) from which the promisor (the person burdened with the obligation) or a stranger derives a benefit or advantage, or any labour detriment or inconvenience sustained or suffered by the promisee at the request, express or implied, of the promisor. See Laythoarp v. Bryant, 3 Scott 250; 2 Wms. Saund 137 h; Currie v. Misa, (1875) LR 10 Exch 153.Consideration is one of the facts which the courts require as evidence of intention, (a) that a person intends his promise to be binding on him, or (b) that he intends to divest himself of a beneficial interest in property. In its widest sense consideration is the price, motive or inducement for a promise or for a transfer of property from one person to another. The nature or quality of the consideration which will be sufficient for these purposes varies with the nature of the transaction and in the absence of consideration the Courts will, except in the case of s...


speculate

speculate -lat·ed -lat·ing vi 1 : to theorize on the basis of insufficient evidence NOTE: A jury is not permitted to speculate on a matter about which insufficient evidence has been presented in reaching its verdict. 2 : to assume a business risk in hope of gain ;esp : to buy or sell in expectation of profiting from market fluctuations vt : to take to be true on the basis of insufficient evidence spec·u·la·tor [-lā-tər] n ...


Arrest of judgment

Arrest of judgment, Formerly an unsuccessful defendant might move that the judgment for the plaintiff be arrested or withheld, notwithstanding a verdict given, on the ground that there was some substantial error appearing on the face of the record which vitiated the proceedings. (See now R.S.C. Ords. XXVII. And XXXIX.) Judgment may be arrested for good cause in criminal cases, if the indictment be insufficient. See Archbold's Criminal Pleading.Means the staying of judgment after its entry, especially, a court's refusal to render or enforce a judgment because of a defect apparent from the record. At Common Law, courts have the power to arrest judgment for intrinsic causes appearing on the record, as when the verdict differs materially from the pleading or when the case alleged in the pleadings is legally insufficient. Today, that type of defect must typically be objected to before trial or before judgment is entered, so that the motion in arrest of judgment has been largely superseded, ...


bill

bill 1 : a draft of a law presented to a legislature for enactment ;also : the law itself [the GI ] ap·pro·pri·a·tions bill [ə-prō-prē-ā-shənz-] : a bill providing money for government expenses and programs NOTE: Appropriations bills originate in the House of Representatives. bill of attainder 1 : a legislative act formerly permitted that attainted a person and imposed a sentence of death without benefit of a judicial trial see also attainder compare bill of pains and penalties in this entry 2 : a legislative act that imposes any punishment on a named or implied individual or group without a trial NOTE: Bills of attainder are prohibited by Article I of the U.S. Constitution. bill of pains and penalties : a legislative act formerly permitted that imposed a punishment less severe than death without benefit of a judicial trial compare bill of attainder in this entry NOTE: The term bill of attainder is often used to include bills of p...


micromercurialism

A form of mercury poisoning resulting from long term exposure to low doses of mercury The syndrome of micromercurialism involves complex symptoms of stress fatigue memory loss fine tremors muscular and reflex insufficiency and low blood pressure caused by accumulation of mercury in the system A condition of hyperthermia is accompanied by a series of functional changes under the effects of mercury The combined simultaneous effect of toxic action temperature and galvanic response infers a cycle of disintegration and change...


Unless and until the contrary is proved

Unless and until the contrary is proved, significance and effect of presumption under parties in contract themselves providing a sum to be paid by the party breaking the contract-Whether this provision removes the presumption under-Whether after removal of his presumption bar under s. 21 oper-ates. (ii) The fact that the parties themselves have provided a sum to be paid by the party breaking the contract does not, by itself, remove the strong presumption contemplated by the use of the words 'unless and until the contrary is proved'. The sufficiency or insufficiency of any evidence to remove such a presumption is a matter of evidence, M.L. Devender Singh v. Syed Khaja, AIR 1973 SC 2457: (1973) 2 SCC 515: (1974) 1 SCR 312....


Scantness

The quality or condition of being scant narrowness smallness insufficiency scantiness...


insolvency

insolvency pl: -cies 1 : the fact or state of being insolvent compare bankruptcy 2 : insufficiency (as of an estate) to discharge all enforceable debts NOTE: Insolvency matters are covered under the Bankruptcy Code. ...


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