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Inquiry, writ of

into the same, and return the inquisition into court. The writ is necessary after an interlocutory judgment, the defendant having let judgment go by default, to ascertain the quantum of damages. By (English) R.S.C.1883, Ord. XIII., r.

Jury pardon

Jury pardon, means a rule that permits a jury to convict a defendant of a lesser offense than the offense charged if sufficient evidence exists to convict the defendant of either

Judgment of acquittal

Judgment of acquittal, means a judgment, rendered on the defendant's motion or court's own motion, that acquits the defendant of the offense charged when the evidence is insufficient,

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Judge

Gorrie, (1895) 1 QB 671; Scott v. Stansfield, (1868) LR 3 Ex 220. In the latter case the defendant had said to the plaintiff (an accountant and scrivener), while trying a case in which he was defendant,

Not guilty

a denial only of the breach of duty or wrongful act alleged to have been committed by the defendant; this was called pleading the 'general issue.' See PLEADING. The plea of not guilty, jin criminal proceedings, is

Free acceptance

Free acceptance, a defendant who 'freely accepts' goods or services may be held to have been enriched thereby. A free acceptance has

Frauds, Statute of

administrator upon any special promise, to answer damages out of his own estate; or whereby to charge the defendant upon any special promise to answer for the debt, default or miscarriages of another person, or to charge

Fieri facias de bonis ecclesiasticis

of the ecclesiastical goods). When a sheriff to a common fi. fa. returns nulla bona, and that the defendant is a beneficed clerk, not having any lay fee, a plaintiff may issue a fi. fa. de bonis

Existence or extent of a legal right

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 to succeed in

Excess

Excess, when a defendant pleaded to an action of assault that the plaintiff trespassed on his land and would not depart when

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