Proceeding - Law Dictionary Search Results
Bar, plea in
of the dilatory class, as impugning the right of action altogether, instead of merely tending to divert the proceedings to another jurisdiction, or suspend them, or abate the particular writ or declaration. It was, in short, a
Bill of exceptions
to the record.' It is believed that this section has never been acted upon. The present mode of proceeding is by motion for a new trial. In the Court of Session in Scotland a Bill of Exceptions
Brief
brevis, Lat.; brief, Dutch, a letter], an abbreviated statement of the pleadings, proofs, and affidavits in any legal proceeding, with a concise narrative of the facts and merits of the plaintiff's case, or the defendant's defence, for
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Burden of proof
a civil case there is no burden cast on any party similar to the one in a criminal proceeding. The law does not ordinarily recognise the principle of giving the benefit of doubt to a party on
Canon law
by the Church of Rome. It borrows from the Roman Law many of its principles and rules of proceeding, though not servilely, nor without such variations as the independence of its tribunals and the different nature of
Case, action on the
trespass on the case, see Malicious Prosecution; Negligence; Deceit; Libel; Slander; Seduction; Lights; Ways; Seducing From Service. A proceeding, action, suit or controversy at law or in equity, Black's Law Dictionary, 7th Edn.
Cause
suit or action; motive or reason; that which produces an effect. Includes any action, suit or other original proceeding between a plaintiff and defendant. Generally speaking, discovery is granted there in all proceedings except purely criminal proceedings,
Caveat
is sometimes entered to prevent the issuing of a lunacy commission. It is also entered to stay certain proceedings in Admiralty, the probate of a will, letters of administration, a licence of marriage, or an institution of
Circuity of action
Circuity of action, a longer course of proceeding to recover a thing sued for than is needful--Terms de la Ley; also a general term denoting inter
Claim in equity
necessary before final decree, which would be as of course, all parties being before the court, the summary proceeding by claim was sometimes adopted, thus obviating the recourse to plenary and protracted pleadings. This summary practice was
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