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However the circumstances of the case may be such that the plaintiff cannot be certain that the court will accept this argument. To allow for this possibility, all the plaintiff need do is to argue in the alternative that the statement was in fact a representation (which allows for remedies based on misrepresentation) or again in the ...
The plaintiff can elect to either receive monetary damages equal to the entire value of the painting, or the plaintiff can ask the court to order the return of the stolen property (plus some minor amount of compensation for the suffering caused by its deprivation). However, the plaintiff cannot have both, and must therefore make an election of ...
If, from the plaintiff's own standing or otherwise, the cause of action appears to arise ex turpi causa ["from an immoral cause"], or the transgression of a positive law of this country, there the court says he has no right to be assisted. It is upon that ground the court goes; not for the sake of the defendant, but because they will not lend ...
The plaintiff's original pleading is called a complaint. The defendant's original pleading is called an answer. Rule 8(a) sets out the plaintiff's requirements for a claim: a "short and plain statement" of jurisdiction, a "short and plain statement" of the claim, and a demand for judgment. It also allows relief in the alternative, so the ...
Abatement in law would terminate it completely although it could be restarted at the plaintiff's request. The second term is more common. [ 3 ] It has now been abolished, in most if not all, common law jurisdictions.
A plaintiff (Π in legal shorthand) is the party who initiates a lawsuit (also known as an action) before a court. By doing so, the plaintiff seeks a legal remedy . If this search is successful, the court will issue judgment in favor of the plaintiff and make the appropriate court order (e.g., an order for damages ).
The plea of autrefois acquit is a form of estoppel by which the state cannot reassert the guilt of the accused after they have been acquitted. [3] The plea prevents inconsistent decisions and the reopening of litigation. [3] The limitations of these pleas have been circumscribed by various legal cases and appeals. [4]
Clean hands, sometimes called the clean hands doctrine, unclean hands doctrine, or dirty hands doctrine, [1] is an equitable defense in which the defendant argues that the plaintiff is not entitled to obtain an equitable remedy because the plaintiff is acting unethically or has acted in bad faith with respect to the subject of the complaint—that is, with "unclean hands".