Third Party Defendant - Law Dictionary Search Results
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,
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
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Free acceptance
Free acceptance, a defendant who 'freely accepts' goods or services may be held to have been enriched thereby. A free acceptance has
Certiorari
if contrary to law. The writ may be granted either at the instance of the prosecutor or the defendant. A prosecutor was formerly entitled to a writ of certiorari as a matter of right, but a defendant
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
Equitable claims and defences at Common Law
Equitable claims and defences at Common Law; The (English) Common Law Procedure Act, 1854 (ss 83-86), enabled any defendant to plead the facts which would entitle him, if judgment were obtained against him, to relief in Equity
Non detinet
a plea by way of traverse, which occurred in the action of detinue. This plea alleged that the defendant did not detain 'the said goods in the said declaration specified,' etc. It operated accordingly as a denial
Defence
Defence [fr. defensio, Lat.], popularly a justification, protection, or guard; in law, a denial by the defendant of the truth or validity of the plaintiff's complaint. In Civil matters, a defence (which is always in
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