Joinder - Law Dictionary Search Results
Home Dictionary Name: joinder Page: 3impleader
impleader : the act or procedural device of impleading a third party ;specif : a petition or complaint brought in a lawsuit by a plaintiff or defendant against a third party who may be liable to that plaintiff or defendant called also third-party practice compare counterclaim, cross-claim, interpleader, intervention, joinder ...
VerbarSimiliter
The technical name of the form by which either party in pleading accepts the issue tendered by his opponent called sometimes a joinder in issue...
prejudice
prejudice [Old French, from Latin praejudicium previous judgment, damage, from prae- before + judicium judgment] 1 : injury or detriment to one's legal rights or claims (as from the action of another): as a : substantial impairment of a defendant's ability to defend [the court found no to the defendant by the lengthy delay in bringing charges] b : tendency for a decision on an improper basis (as past conduct) by a trier of fact [whether an ex parte communication to a deliberating jury resulted in any reasonable possibility of to the defendant "National Law Journal"] c : implied waiver of rights and privileges not explicitly retained [District Court erred in attaching to prisoner's complaint for injunctive relief "National Law Journal"] 2 : a final and binding decision (as an adjudication on the merits) that bars further prosecution of the same cause of action or motion [dismisses this case with ] [the dismissal was without ] 3 a : an irrational attitude of hostility directed a...
party
party pl: parties 1 a : one (as a person, group, or entity) constituting alone or with others one of the sides of a proceeding, transaction, or agreement [the parties to a contract] [a person who signed the instrument as a to the instrument "Uniform Commercial Code"] accommodated party : a party to an instrument for whose benefit an accommodation party signs and incurs liability on the instrument : a party for whose benefit an accommodation is made accommodation party : a party who signs and thereby incurs liability on an instrument that is issued for value and given for the benefit of an accommodated party secured party : a party holding a security interest in another's property third party : a person other than the principals [insurance against injury to a third party] b : one (as an individual, firm, or corporation) that constitutes the plaintiff or defendant in an action ;also : one so involved in the prosecution or defense of a judicial or quasi-judicial proceeding as t...
numerosity
numerosity : the requirement that members of a proposed class formed for a class action be so numerous as to make joinder of the members impracticable ...
multiplicity
multiplicity pl: -ties 1 a : the quality or state of being multiple or various b : the charging of a single criminal act or offense as multiple separate charges or counts of an indictment or information [ does not require dismissal of the indictment "W. R. LaFave and J. H. Israel"] compare duplicity, misjoinder NOTE: Multiplicity raises the risk of violating the double jeopardy protection against receiving multiple sentences for a single offense. Multiplicity is a defect that can be corrected without dismissal of the case. 2 : a great number [joinder is allowed to avoid a of actions] ...
interpleader
interpleader [Anglo-French enterpleder, from enterpleder, verb] : a proceeding by which a person compels parties making the same claim against him or her to litigate the matter between themselves see also bill in the nature of interpleader and bill of interpleader at bill compare counterclaim, cross-claim, impleader, intervention, joinder NOTE: When an interpleader is initiated, the person holding the property or owing the obligation that is the subject of the adverse claims usually must deposit the property or post a bond with the court. n : a person who is a party to an interpleader action ...
impracticability
impracticability 1 : the state of being impracticable 2 : a doctrine in contract law: relief from obligations under a contract may be granted when performance has been rendered excessively difficult, expensive, or harmful by an unforeseen contingency ;also : a defense to breach of contract on the ground that it has been rendered impracticable called also commercial impracticability impracticability of performance compare frustration impossibility of performance at impossibility NOTE: Under section 2-615 of the Uniform Commercial Code, the impracticability must arise “by the occurrence of contingency the non-occurrence of which was a basic assumption on which the contract was made” or by compliance with the law. 3 : excessive difficulty in carrying out a procedure (as joinder) ...
Similiter
Similiter [Lat.] (in like manner). Formerely when an issue of fact was tendered, the words were as follows: 'and of this the defendant puts himself upon the country'; or thus, 'and this the plaintiff prays may be inquired of by the country'; the issue and form of trial wre then both accepted on the other side (unless there appeared grounds for demurrer), by the words following: 'and the plaintiff (or the defendant, as the case may be) doth the like,' which latter words were called the Similiter. After the passing of the C.L.P. Act, 1852, the joinder of issue under s. 79 of that Act superseded the Similiter. See now ISSUE.The want of a similiter by the prosecutor in criminal cases is cured by the (English) Criminal Law Act, 1826 (7 & 8 Geo. 4, c. 64), s. 20....
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