Modo Et Forma - Law Dictionary Search Results
Home Dictionary Name: modo et formaModo et forma
Modo et forma (in manner and form), a phrase formerly used in pleading. It was the nature of a traverse to deny the matter of fact in the adverse pleading in the manner and form in which it was alleged, and, therefore, to put the opposite party to prove it to be true in manner and form as well as in general effect. The plea of non est factum, and the replication de injuria (now abolished), were the only negative traverses not pleaded modo et forma. These words were in no case strictly essential, so as to render their omission a cause of demurrer. See now PLEADING....
General issue
General issue, a plea simply traversing modo et forma the allegations in the declaration, as the plea of 'not guilty' in torts; 'never indebted' to money counts, or 'nunquam assumpsit' to actions on simple contract (English) C.L.P. Act, 1852, Sched. B, 37). Pleading the general issue was abolished by the (English) Judicature Acts, R.S.C. 1883, Ord. XIX., r. 4, providing that every pleading shall contain, and contain only, a statement in a summary form of the facts on which the party pleading relies; and the particular form of pleading the general issue by pleading ''not guilty by statute' (see that title) is abolished by the (English) Public Authorities Protection Act, 1893, as regards any proceeding to which that Act applies.In criminal proceedings the general issue is 'not guilty,' which is pleaded viva voce by the prisoner at the bar....
Confessus in judicio pro judicato habetur, et quodam modo sua sententia damnatur
Confessus in judicio pro judicato habetur, et quodam modo sua sententia damnatur [Lat.], A person confessing a judgment is deemed as adjudged, and in a manner is condemned by his own sentence....
Eodem modo quo quid constituitur, eodem modo destruitur
Eodem modo quo quid constituitur, eodem modo destruitur [Lat.], In the same way in which any-thing is constituted, it may be destroyed....
in forma pauperis
in forma pauperis [Medieval Latin, in the form of a pauper] : as a poor person : relieved of the fees and costs of a legal action because of inability to pay [allowed to file an appeal in forma pauperis] [in forma pauperis status] ...
Forma legalis forma essentialis
Forma legalis forma essentialis, [Lat.], legal form is an essential form....
In forma pauperis
In forma pauperis (in the character of a pauper). Every poor person, having cause of action, was entitled by 11 Hen. 7, c. 12, which is in affirmance of the Common Law, to have writs according to the nature of the case, without paying the fees thereon, and the judges might assign him counsel and solicitor, who acted gratis. This discretionary indulgence was confined to plaintiffs at Common Law, but was extended by Courts of (English) Equity to defendants.The statute 11 Hen. 7, c. 12, is repealed by the Statute Law Revision and Civil Procedure Act, 1883, but its provisions and those of the Chancery Orders and Common Law Rules (which gave effect to it in somewhat different terms) are thrown into one code by (English) R.S.C., Ord. XVI., rr. 22-31 G., by which a person may be admitted to sue or defend as a poor person on proof that he has a reasonable cause of action or defence and that his means do not exceed 50l. his clothes, household goods, tools of trade, and the subject-matter of the...
pro forma
pro forma [Latin, for the sake of form] 1 : made or carried out in a perfunctory manner or as a formality 2 : provided or made in advance to describe items or projections [a pro forma invoice] ...
Forma pauperis, suing in
Forma pauperis, suing in. see IN FORMA PAPUPERIS....
Pro forma defendant
A pro forma defendant is a defendant named as a matter of formality, who typically has no direct responsibility for the harm alleged, but shares an interest with other defendants, such as being a co-owner of property or successor in interest. For example, a co-owner named on a deed or an heir who inherits property may be named as a pro forma defendant...
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