Respondent - Law Dictionary Search Results
legal certainty test
legal certainty test : a rule in federal civil procedure: a defendant's challenge to diversity jurisdiction made on the basis that the amount of money involved in the controversy falls
last clear chance
contributory negligence of a plaintiff in putting himself or herself in peril will not bar recovery from a defendant who could have avoided injuring or killing the plaintiff by the use of ordinary care called also discovered
jury trial
a jury trial in a criminal case may be waived by the “express and intelligent consent” of the defendant, usually in writing, as well as, in federal cases, the approval of the court and consent of the
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in propria persona
persona [Latin] : in one's own person : without the assistance of an attorney : pro se [the defendant appeared in propria persona]
join
[if the person should as a plaintiff but refuses to do so, the person may be made a defendant, or…an involuntary plaintiff "Federal Rules of Civil Procedure Rule 19(a)"] join·able adj join issue or join the issue
John Doe summons
John Doe summons : a summons made out to an unidentified defendant who is referred to in the summons as John Doe
jeopardy
in acquittal, conviction, or a mistrial. If a mistrial occurs due to a manifest necessity or if a defendant appeals a conviction, however, the rule against double jeopardy does not apply. The issue of manifest necessity is
irresistible impulse test
impulse to commit a criminal act was irresistible due to mental disease or defect regardless of whether the defendant knew right from wrong compare diminished capacity, durham rule, m'naghten test, substantial capacity test
interest
department store credit cards to 15% "American Banker"] ;also : interest computed at such a rate [awarded the defendant legal interest] compare usury qualified residence interest : interest that is deductible from adjusted gross income under federal
innuendo
;esp : an explanation in a complaint for defamation of the defamatory meaning of a statement by the defendant which is not defamatory on its face compare inducement
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