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cross-claim

cross-claim : a claim against a party on the same side of an action (as a coplaintiff or codefendant) compare counterclaim, cross-action, cross-appeal, third-party claim NOTE: Under Rule 13(g) of the Federal Rules of Civil Procedure, a cross-claim must be related to the original action in that it arises from the same transaction or occurrence as the original action or a counterclaim, or involves property that is the subject matter of the original action. cross-claim vi ...


double jeopardy

double jeopardy : the prosecution of a person for an offense for which he or she has already been prosecuted — see also jeopardy, Amendment V to the Constitution in the back matter compare merger NOTE: The Fifth Amendment to the Constitution states that no person shall “be subject for the same offense to be twice put in jeopardy of life or limb.” The double jeopardy clause bars second prosecutions after either acquittal or conviction, and prohibits multiple punishments for the same offense. ...


Idem per idem

Idem per idem, an illustration of a kind that really adds no additional element to the consideration of the question.Means the same for the same. This phrase refers to an illustration that adds nothing to a matter under consideration, Black's Law Dictionary, 7th Edn., p. 748....


Fees

Fees, perquisites allowed to officers in the administration of justice, as a recompense for their labour and trouble, ascertained either by Acts of Parlia-ment, by rule or order of Court, or by ancient usage; in modern times frequently commuted for a salary, e.g., by the (English) Justices Clerks Act, 1877.Although, however, the officers of a court may be paid by salary instead of by fees, the obligation of suitors to pay fees usually remains, these fees being paid into the fund out of which the salaries of the officers are defrayed. In the Supreme Court they are collected by means of stamps under s. 26 of the (English) Judicature Act, 1875, and a Treasury Order of July, 1884, a judicial Order of the same year fixing the amount, and see Supreme Court Fees Rules, 1930.The mode of collecting fees in a public office is under the (English) Public Office Fees Act, 1879 (42 & 43 Vict. c. 58) (repealing and replacing the (English) Public Office Fees Act, 1866), by stamps or money, as the Trea...


Concurrent jurisdictions

Concurrent jurisdictions, the jurisdiction of several different tribunals, both authorized to deal with the same subject-matter at the choice of the suitor. Inequity, the jurisdiction was concurrent where no complete relief was obtainable at law. It was exercised in order to avoid circuity of action or multiplicity of suits. See UNSOUND MIND....


Expressum facit cessare tacitum

Expressum facit cessare tacitum. Co. Litt. 210 a.-(What is expressed makes what is implied to cease.) See Broom's Max. Where a deed contains express covenants, no implication of any other covenants on the same subject-matter can be raised, Nokes's Case, (1599) 4 Rep 80 b; Stephens v. Junior Army and Navy Stores, (1914) 2 Ch 526....


most-favored-nation clause

most-favored-nation clause : a clause in a treaty granting to a nation in certain stipulated matters the same terms as are then or may thereafter be granted to any other nation ...


repugnancy

repugnancy pl: -cies 1 : the quality or fact of being inconsistent, irreconcilable, or in disagreement ;specif : a contradiction or inconsistency between sections of a legal instrument (as a contract or statute) [if two acts which cover the same subject matter are repugnant…, the latter operates to the extent of the as a repeal of the former "In re Miller, 107 F. Supp. 1006 (1952)"] 2 : an instance of contradiction or inconsistency ...


Obtundent

A substance which sheathes a part or blunts irritation usually some bland oily or mucilaginous matter nearly the same as demulcent...


In simili materia

In simili materia, dealing with the same or a kindred subject-matter....



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