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Plaintiff In Error - Law Dictionary Search Results

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civil case

civil case a lawsuit brought by a party (the plaintiff) against another party (the defendant) claiming that the defendant failed to carry out a legal duty owed to

bill

of Civil Procedure 60(b). bill in the na·ture of interpleader : a bill of interpleader in which the plaintiff is allowed to claim an interest in the subject matter of the suit compare bill of interpleader in

Mary Carter agreement

So. 2d 8 (1967), Florida appeals court case that popularized the agreement] : a secret agreement between a plaintiff and one or more but not all codefendants which limits the liability of the defendants by giving them

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party

person who is not a party to an action but who is or may be liable to the plaintiff in the action for all or part of a counterclaim and against whom the plaintiff may bring a third-party

res ipsa loquitur

it, is the requirement that a defendant have responsibility for the instrumentality as well as responsibility to the plaintiff. In order for res ipsa loquitur to succeed in a medical malpractice suit, the fact that the accident is

Limitation of actions and prosecutions

Property Act, 1882 (45 & 46 Vict. c. 75), ss. 1, 5 and 12] An allowance to the plaintiff for 'absence beyond the seas' which formerly obtained is excluded by s. 4 of the Real Property Limitation

Measure of damage

rule in English law is that in contract the measure of damage is the actual loss to the plaintiff, and in tort the compensation to the plaintiff for the loss or damage which it may be supposed

Qu' est eadem

plea, to allege, that the supposed trespasses mentioned in the plea were the same as those whereof the plaintiff had complained. This allegation was usually termed qu' est eadem. It was equivalent to a traverse of the

Quantum meruit

he has earned), an action on the case, express or implied, grounded on a promise to pay the plaintiff for doing a thing as much as he has earned or merited. The term is still in use

Dominus litis

and control of an action. In case of conflict of jurisdiction the choice ought to lie with the plaintiff to choose the forum best suited to him unless there be a rule of law excluding access to

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