Respondent - Law Dictionary Search Results
Shared household
aggrieved lives or at any stage has lived in a domestic relationship either singly or along with the respondent and includes such a household whether owned or tenanted either jointly by the aggrieved person and the respondent,
Passing off
is independent of such a statutory right to a trade mark and is against the conduct of the defendant which leads to or is intended or calculated to lead to deception. Passing-off is said to be a
Leave to defend
being due, to be by writ of summons in a form provided by the Act, and, unless the defendant should within twelve days obtain leave to appear and defend the action, allowed the plaintiff to sign judgment
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McDonnell Douglas test
of proof in employment-discrimination cases, essentially requiring the plaintiff to come forward with evidence of discrimination and the defendant to come forward with evidence showing that the employment action complained of was taken for non-discriminatory reasons. Under
Mesne process
arrested upon mesne process in any action.' Nevertheless, where a plaintiff has good cause of action against the defendant to the amount of 50l. or upwards, and the defendant is about to quit England, and the absence
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.,
Quinto exactus
Quinto exactus, means 'exacted the fifth time'. A sheriff's return made after a defendant had been called to five county courts but failed to appear. The county coroners then ordered that the
Qu' est eadem
the declaration, 1 Chit. Pleading, 581. It means which is the same. This phrase was used by a defendant in a trespass action to show that the trespass the defendant was justified in committing was the same
Replevin
cognizances for rent was set forth, as in a statement of claim, the nature and merits of the defendant's case, to show that the distress taken by him was lawful, and to entitle him to a judgment
Distringas
it was used in Common Law proceedings may be thus stated:- (1) a distringas to compel appearance, where defendant had a place of residence within England or Wales. The writ was abolished by the (English) C.L.P. Act,
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