REMEDY

Remedy is the means by which the violation of a right is prevented, redressed, or compensated. Remedies are of four kinds: (1) By act of the party injured, the principal of which are defense, recaption, distress, entry, abatement, aud seizure; (2) by operation of law, as in the case of retainer and remitter; (3) by… Continue Reading REMEDY

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RELIEF

1. In feudal law. A sum payable by the new tenant, the duty being incident to every feudal tenure, by way of line or composition with the lord for taking up the estate which was lapsed or fallen in by the death of the last tenant At one time the amount was arbitrary, but afterwards… Continue Reading RELIEF

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PREROGATIVE

baeher’s Estate. 168 Pa. 158, 32 Atl. 30; Cum- rnings v. Dearborn, 56 Vt. 441; State v. French, 120 ind. 220, 22 N. E. 108. The word is also used to denote the subject-matter insured in a policy. 4 Canipb. 80. Iu equity pleading. The stating part of a bill. It contains a narrative of… Continue Reading PREROGATIVE

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PRACTICE

The form or mode of proceeding in courts of justice for the enforcement of rights or the redress of wrongs, as distinguished from the substantive law which gives the right or deuouuces the wrong. The form, mauuer, or order of instituting and conducting a suit or other judicial proceeding, through its successive stages to its… Continue Reading PRACTICE

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PETITION

A written address, embodying an application or prayer from the person or persons preferring it, to the power, body, or person to whom it is presented, for the exercise of his or their authority in the redress of some wrong, or the grant of some favor, privilege, or license. In practice. An application made to… Continue Reading PETITION

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NECESSARY DILIGENCE

That degree of diligence which a person placed in a particularsituation must exercise in order to entitle him to the protection of the law in respect torights or claims growing out of that situation, or to avoid being left without redress onaccount of his own culpable carelessness or negligence. Garahv v. Bavley. 25 Tex.Supp. 302:… Continue Reading NECESSARY DILIGENCE

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JEOFAILE

I.. Fr. I have failed; I am in error. An error or oversight in pleading. Certain statutes are called “statutes of amendments and jeofailes” because, where a pleader perceives any slip in the form of his proceedings, and acknowledges the error, (jeofaile.) he is at liberty, by those statutes, to amend it. The amendment, however,… Continue Reading JEOFAILE

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INJUNCTION

A prohibitive writ issued by a court of equity, at the suit of a party complainant, directed to a party defendant in the action, or to a party made a defendant for that purpose, forbidding the latter to do some act, or to permit his servants or agents to do some act, which he is… Continue Reading INJUNCTION

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IN CODE PRACTICE

A civil action is a proceeding in a court of justice in which one party, known as the “plaintiff,” demands against another party, known as the “defendant,” the enforcement or protection of a private right, or the prevention or redress of a private wrong. It may also be brought for the recovery of a penalty… Continue Reading IN CODE PRACTICE

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