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quasi in rem

personam, in rem NOTE: The plaintiff in a quasi in rem action uses the court's jurisdiction over the defendant's property in hopes of obtaining a remedy for a claim (as for money) against the defendant. A quasi

Averment

special. Common were applied to ordinary cases, and were in the following form:- 'And this the plaintiff (or defendant) is ready to verify.' Special were used where the matter pleaded was intended to be tried by record

sentence

;also : the combination of two or more consecutive sentences death sentence : a sentence condemning the convicted defendant to death de·ter·mi·nate sentence [di-tər-mə-nət-] : a sentence for a fixed rather than indeterminate length of time general

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summons

(as a clerk of court) and delivered to a plaintiff or the plaintiff's attorney for service on the defendant and that notifies the defendant that he or she must appear and defend (as by filing an answer)

witness

also hostile witness see also leading question at question alibi witness : a witness upon whom a criminal defendant relies in establishing an alibi char·ac·ter witness : a witness who testifies as to the character or reputation

writ

the proper form of action and obtaining a writ appropriate to the remedy sought; its issuance forced the defendant to comply or to appear in court and defend. Writs were also in constant use for financial and

Abscond

which before the Act the debtor might have been arrested on 'mesne process,' the plaintiff may procure the defendant to be arrested and imprisoned up to six months (unless he has sooner given security not to quit

res ipsa loquitur

: a doctrine or rule of evidence in tort law that permits an inference or presumption that a defendant was negligent in an accident injuring the plaintiff on the basis of circumstantial evidence if the accident was

Lottery

lot is not essential to a lottery, Barclay v. Pearson, (1893) 2 Ch 154. In that case the defendant had realized more than 20,000l. in one week by a shilling 'missing word competition,' and one of the

Malice

the occasion was privileged (i.e., one of qualified privilege) may be rebutted by establishing actual malice in the defendant, for he is not entitled to protection if he uses such an occasion for some indirect and wrong

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