Tag: Legal Definition
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Action In Personam
Legal Definition and Related Resources of Action in personam Meaning of Action in personam See “Actio in Personam.” Action In Personam Legal Definition Action “against the person”, personal liability. As […]
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Ex Post Facto
(Lat. after the act). An estate granted may be made good or avoided by matter ex post facto, when an election is given to the party to accept or not to accept. 1 Coke, 146. …
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Appellate Jurisdiction
In practice. The jurisdiction which a superior court has to rehear causes which have been tried in inferior courts. See Jurisdiction. …
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Accord and Satisfaction
An agreement between two persons, one of whom has a right of action against the other, that the latter should do or give and the former accept something in satisfaction of the right of action. The agreement is the accord and the satisfaction is the consideration for same. See Fairchild v […]
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Arrest of Judgment
In criminal cases the accused may at any time between conviction and sentence move that judgment be not pronounced because of some technical defect in the indictment…
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Arrest of Judgment
In criminal cases the accused may at any time between conviction and sentence move that judgment be not pronounced because of some technical defect in the indictment…
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Preponderance of Evidence
Evidence which is even a little bit more convincing. This is the standard by which a plaintiff must prove his case in a civil suit….
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Hypothetical Question
An imaginary situation, incorporating facts previously admitted into evidence, upon which an expert witness is permitted to give an opinion as to a condition resulting from the situation….
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Hypothetical Question
An imaginary situation, incorporating facts previously admitted into evidence, upon which an expert witness is permitted to give an opinion as to a condition resulting from the situation….
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Res Ipsa Loquitur
Legal Definition and Related Resources of Res ipsa loquitur Meaning of Res ipsa loquitur (Latin phrase) The thing speaks for itself. A phrase used in actions for injury by negligence, where no proof of negligence is required beyond the accident […]
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Trial De Novo
A whole new trial held in an appellate court ast though the first trial never happened….
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Trial De Novo
A whole new trial held in an appellate court ast though the first trial never happened….
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Parol Evidence
The testimony of a witness by word of mouth. Oral evidence.Where an agreement or understanding between parties is reduced to writing, then evidence of all prior and contemporaneous understanding of the parties to such agreement is incompetent. The rule is founded upon the principle that […]
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General Assignment
In the context of bankruptcy law it is any conveyance by which one intends to make an absolute and unconditional appropriation of all his property to pay his creditors, share and share alike. See Davis v MUler-Link Lumber Co., C.A.5 Tex., 296 F.649. In order to constitute general assignment it […]
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Due Process
The guarantee of due process requires that no person be deprived of life, liberty, or property without a fair and adequate process. In criminal proceedings this guarantee includes the fundamental aspects of a fair trial, including the right to adequate notice in advance of the trial, the right […]