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Plaintiff In Error - Law Dictionary Search Results

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Challenge

a principal challenge, as that the sheriff or other returning officer is of kindred or affinity to the plaintiff of defendant, if the affinity continue; that one or more of the jury are returned at the nomination

Leave to defend

and, unless the defendant should within twelve days obtain leave to appear and defend the action, allowed the plaintiff to sign judgment on proof of service. This procedure was retained by the (English) Judicature Act, 1875, Ord.

McDonnell Douglas test

test, employment law. The principal for applying a shifting burden of proof in employment-discrimination cases, essentially requiring the plaintiff to come forward with evidence of discrimination and the defendant to come forward with evidence showing that the

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Contributory negligence

6 SCC 455: AIR 2002 SC 2864 (2866). [Motor Vehicles Act, 1988] Negligence on the part of a plaintiff disentitling him to recover. 'Sometimes, however, he [the defendant] is driven to admit that he was guilty of

Quaerens non invenit plegium

Quaerens non invenit plegium, means the plaintiff did not find a pledge. A sheriff's return to a writ requiring him to take security from the

Trover

person who subsequently came into possession of the goods by any means and wrongfully withheld them from the plaintiff. In trespass and replevin the plaintiff was always in possession of the goods and the defendant out of possession

Defence

justification, protection, or guard; in law, a denial by the defendant of the truth or validity of the plaintiff's complaint. In Civil matters, a defence (which is always in writing or printed) is either (1) by statement

Public Authorities, Protection of

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

Capias in withernam

that the sheriff could not replevy them, then, upon plaint being levied in the County court by the plaintiff, the plaintiff might issue this writ directing the sheriff to take goods or cattle of the defendant, to

Foreign Attachment

a plaint be affirmed in London before, etc., against any person, and it be returned nihil, if the plaintiff will surmise that another person within the city is a debtor to the defendant in any sum, he

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