Local Actions - Law Dictionary Search Results
Home Dictionary Name: local actions Page 1 of about 56 results (0.004 seconds)Local actions
Local actions, those referring to some particular locality, as actions for trespasses to land, in which the venue must have been laid in the county where the cause of action arose.Real actions and the mixed action of ejectment were local: but personal actions were for the most part transitory, i.e., their cause of action might be supposed to take place anywhere, but when they were brought for anything in relation to realty, they were then local, see Mostyn v. Fabrigas, (1775) 1 Smith, L.C., and 2 Chit. Arch. Prac.And see COUNTY COURT (JURISDICTION), and VENUE....
local action
local action : an action (as for trespassing) that must be brought in the venue that has jurisdiction over the situs or is otherwise designated by law compare transitory action ...
Venue
Venue [fr. visne, vicinetum, visnetum, Lat.], the place whence a jury are to come for trial of causes. See Co. Litt. 125 a, and Hargrave's note (2).Local actions must, before the Jud. Act, have been brought in the county in which the cause of action arose; but transitory actions in any county at the plaintiff's option; and no venue could be changed without a special order of the Court or a judge, unless by consent of the parties, R.H.T. 1853, r. 18.It is, however, provided by (English) R.S.C. 1883, Ord. XXXVI., r. 10, that there shall be no local venue for the trial of any action, except where otherwise provided by statute, but in every action in every Division the place of trial shall be fixed by the Court or a judge; and r. 1, the order made on the summons for directions, fixes the place of trial, but this can be subsequently altered for sufficient cause.Very numerous statutes have from time to time provided that any actions for anything done in pursuance of them should be brought in...
transitory action
transitory action : an action that may be brought in any venue where there is personal jurisdiction over the defendant compare local action ...
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...
bar
bar often attrib 1 a : the railing in a courtroom that encloses the area around the judge where prisoners are stationed in criminal cases or where the business of the court is transacted in civil cases compare bench, dock, jury box, stand b : court tribunal [the younger judge brought a fresh viewpoint to the ] 2 a : the whole body of lawyers ;esp : those qualified to practice in the courts of a particular jurisdiction [admitted to the Arizona ] [the bankruptcy ] compare bench b : the profession or occupation of lawyer c : bar examination [passed the ] 3 : something that prevents admission, progress, or action: as a : an intangible impediment, obstacle, or barrier [the restrictive covenant raised a racial ] [consent of the victim is a to conviction] b : the permanent preclusion of a claim or action esp. due to the loss of a previous suit based on the same cause of action and between the same parties [its earlier successful suit against the purchaser for the price was a to...
Joinder of causes of action
Joinder of causes of action, coupling two or more matters in the same suit or proceeding.Under the (English) C.L.P. Act, 1852, s. 41, causes of action, of whatever kind, provided they were by and against the same parties and in the same rights, might be joined in the same suit; but this did not extend to repelling or ejectment; and where two or more of the causes of action so joined were local, and arose indifferent counties, the venue might be laid in either of such counties, but the court or a judge had power to prevent the trial of different causes of action together if such trial wound be inexpedient, and in such case such court or judge might order separate records to be made up, and separate trials to be had. The joinder in one bill in equity of distinct and independent matters, which was termed multifariousness, was a ground of objection to the bill. See MULTIFARIOUSNESS.By (English) R.S.C. 1883, Ord. XVIII., the plaintiff may in many cases unite in the same action and the same ...
preclude
preclude pre·clud·ed pre·clud·ing : to prevent or exclude by necessary consequence [the requirement of a marriage ceremony s the creation of common-law marriages in this jurisdiction]: as a : to prevent (a party) from litigating an action or claim esp. by collateral estoppel or res judicata [they are precluded only because they failed to assert…the grounds for recovery they now assert "Roach v. Teamsters Local Union No. 688, 595 F.2d 446 (1979)"] b : to prevent (a claim or action) from being litigated esp. by collateral estoppel or res judicata [the Civil Service Reform Act provides the exclusive address for adverse federal employment actions and thus s claims brought under the Tort Claims Act "National Law Journal"] pre·clu·sion [-klü-zhən] n pre·clu·sive [-klü-siv] adj ...
Improvement area
Improvement area. Local authorities who have passed a resolution under the provisions of the (English) Housing Act, 1930, s. 7, declaring an area (under conditions similar to those indicated in regard to clearance areas) to be an improvement area, may call upon owners to demolish houses which are unfit for habitation or else to execute all necessary works by notice under ss. 9(1) and 19 of the (English) Housing Act, 1936, and may also purchase land for opening out the area by agreement or compulsorily; see ss. 38 and 39 of the 1936 Act.Before taking action under the resolution the local authority must give an undertaking to find suitable accommodation for persons who may be displaced from working-class houses. Compensation to owners upon expropriation is provided for by ss. 40 and 42 and the 4th Schedule owners may appeal to the County Court against demolition orders under s. 15. The general procedure is regulated by s. 38 and the 1st Schd. See (English) Housing Act, 1936; IMPROVEMENTO...
Nisi prius
Nisi prius, a Common Law phrase, which originated thus:An action was formerly triable only in the Court where it was brought. But it was provided by Magna Charta, in ease of the subject, that assizes of novel disseisin and mort-ancestor (which were the most common remedies of that day) should thenceforward instead of being tried at Westminster, in the superior Court, be taken in their proper counties, and for this purpose justices were to be sent into every county once a year to take these assizes there, 1 Reeves, 246. These local trials being convenient, were applied to other actions: for by the statute of Nisi Prius, 13 Edw. 1, st. 1, t. 30, as the general course of proceedings, writs of venire for summoning juries to the superior courts are in the following terms:-P'cipius tibi quod venire facias coram Justiciariis nostris apud Westm. In Octavis Sancti Michaelis Nisi talis et talis, tali die et loco, ad partes illas venerint duodecim, etc. Thus the trial was to be had at Westminster...
- << Prev.
- Next >>