Plaintiff In Error - Law Dictionary Search Results
Wrongful detention and wrongful confinement
wrongful confinement, the cause of action in wrongful detention is based on a wrongful withholding or to the plaintiff's goods. It depends on the defendant being in possession of the plaintiff's goods. If such a defendant, without
Right to begin
Right to begin. If the affirmative of the issue is on the plaintiff, he, in general, has a right to begin. If in replevin the defendant avow for rent in arrear,
Restoration
70 of the Indian Contract Act means that the defendant would have to restore the goods to the plaintiff by delivering the same to the plaintiff. As long as there is intimation by the defendant to the
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Nonsuit
Nonsuit [non est prosecutus, Lat.]. The judge orders a nonsuit when the plaintiff fails to make out a legal cause of action or fails to support his pleadings by any evidence;
Non pros
Non pros., abbrev. For non prosequitur (he [the plaintiff] does not pursue [his action]). Where the plaintiff failed to take the proper step in his action in
Negligence
in ordinary course of events in the circumstances. Burden of Proof.--The onus of proving negligence rets on the plaintiff; in some cases re ipsa loquitur, i.e., where the thing resulting from it speaks for itself, as in the
Set-off
Set-off, any counter-balance or cross-claim. A defendant's counter demand against the plaintiff, arising out of transaction independent of plaintiff's claim, Black's Law Dictionary, 7th Edn., p. 1376. The subject of
Existence or extent of a legal right
in any suit including the one under art. 131 the competition is between the legal right of the plaintiff and the defendant. But primarily, and almost invariably, the plaintiff has to establish his legal right in order
liability
that is imposed on joint tortfeasors when they have acted in concert, owe the same duty to the plaintiff, have a legal relationship, or otherwise together have caused an injury to the plaintiff and that allows contribution
Discovery
this subject in the two following propositions: (1) It is the right, as a general rule, of a plaintiff in equity to exact from the defendant a discovery upon oath as to all matters of fact, which, being
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