|
|
|
|
Dictionary of Law |
misjoinder :: legal definitionMisjoinder - n. the inclusion of parties (plaintiffs or defendants) or causes of action (legal claims) in a single lawsuit contrary to statute. Reasons for a court ruling that there is misjoinder include: a) the parties do not have the same rights to a judgment; b) they have conflicting interests; c) the situations in each claim (cause of action) are different or contradictory; or d) the defendants are not involved (even slightly) in the same transaction. In a criminal prosecution the most common cause for misjoinder is that the defendants were involved in different alleged crimes, or the charges are based on different transactions. See also: joinder and Related Law Terms ↓ Related Law Termsaction :: n. a lawsuit in which one party (or parties) sues ... . See also: cause of action lawsuitalternative pleading :: n. a legal fiction in which a party to a lawsuit o ... t the defendant committed the act). amended complaint :: n. what results when the party suing (plaintiff or ... cause of action complaint demurrer attachment :: n. the seizing of money or property prior to getti ... bond. See also: writ of attachment bill of particulars :: n. a written itemization of claims which a defenda ... the factual bases for the charges. but for rule :: n. one of several tests to determine if a defendan ... e damage. See also: proximate cause cause of action :: n. the basis of a lawsuit founded on legal grounds ... property. See also: element lawsuit challenge :: n. the right of each attorney in a jury trial to r ... ess. See also: peremptory challenge claim in bankruptcy :: n. the written claim filed by persons or businesse ... : bankruptcy bankruptcy proceedings clean hands doctrine :: n. a rule of law that a person coming to court wit ... ices. See also: affirmative defense comparative negligence :: n. a rule of law applied in accident cases to dete ... utory negligence damages negligence complaint :: n. the first document filed with the court (actual ... g prayer service of process summons count :: n. each separate statement in a complaint which st ... also: cause of action common counts counterclaim :: n. a retaliatory claim by a defendant against a pl ... d. See also: answer cross-complaint court :: n. 1) the judge, as in "The court rules in favor o ... cost and wait of full court trials. cross-complaint :: n. after a complaint has been filed against a defe ... g prayer service of process summons damages :: n. the amount of money which a plaintiff (the pers ... liquidated damages special damages defendant :: n. 1) the party sued in a civil lawsuit or the par ... nt. See also: codefendant plaintiff demurrer :: n. (dee-muhr-ur) a written response to a complaint ... demurrer. See also: motion pleading dismiss :: v. the ruling by a judge that all or a portion (on ... nst that party. See also: dismissal element :: n. 1) an essential requirement to a cause of actio ... of action crime general plan zoning estoppel :: n. a bar or impediment (obstruction) which preclud ... pel equitable estoppel estop laches fictitious defendants :: n. when a party suing (plaintiff) is not sure if h ... are not permitted in federal cases. fraud :: n. the intentional use of deceit, a trick or some ... audulent conveyance intrinsic fraud gravamen :: n. Latin for "to weigh down," the basic gist of ev ... o: cause of action charge complaint hearsay rule :: n. the basic rule that testimony or documents whic ... interest dying declaration hearsay hold harmless :: n. a promise to pay any costs or claims which may ... e other party agrees to cover them. hostile possession :: n. occupancy of a piece of real property coupled w ... verse possession quiet title action implied covenant of good faith and fair dealing :: n. a general assumption of the law of contracts, t ... -long employment. See also: implied injunction :: n. a writ (order) issued by a court ordering someo ... t. See also: injunctive relief writ insanity :: n. mental illness of such a severe nature that a p ... M'Naughten rule temporary insanity insurance :: n. a contract (insurance policy) in which the insu ... t clause Workers' Compensation Acts intervene :: v. to obtain the court's permission to enter into ... ntion joinder multiplicity of suits joint and several :: adj. referring to a debt or a judgment for neglige ... ution contributory negligence joint jurisdiction :: n. the authority given by law to a court to try ca ... Superior Court Supreme Court venue juvenile court :: n. a special court or department of a trial court ... See also: court juvenile delinquent last clear chance :: n. a rule of law in determining responsibility for ... contributory negligence negligence lawsuit :: n. a common term for a legal action by one person ... See also: case cause of action suit liability :: n. one of the most significant words in the field ... bility joint tortfeasors negligence libel :: 1) n. to publish in print (including pictures), wr ... libel per se public figure slander lis pendens :: (lease pen-dense) n. Latin for "a suit pending," a ... ob can be penalized by court order. malpractice :: n. An act or continuing conduct of a professional ... eed. See also: errors and omissions motion for a summary judgment :: n. a written request for a judgment in the moving ... strict procedures. See also: motion negligence :: n. failure to exercise the care toward others whic ... gence per se res ipsa loquitur tort nominal party :: n. a defendant or a plaintiff included in a lawsui ... ed. See also: necessary party party notice :: n. 1) information, usually in writing in all legal ... Thirty-day notice three-day notice order to show cause :: n. a judge's written mandate that a party appear i ... vernmental agency. See also: O.S.C. party :: n. 1) one of the participants in a lawsuit or othe ... y real party in interest respondent peremptory challenge :: n. the right of the plaintiff and the defendant in ... challenge for cause jury voir dire process :: n. in law, the legal means by which a person is re ... service of process subpena summons proximate cause :: n. a happening which results in an event, particul ... also: intervening cause negligence quiet title action :: n. a lawsuit to establish a party's title to real ... opposition. See also: notice title service by publication :: n. serving a summons or other legal document in a ... perty. See also: service of process setoff :: (offset) n. a claim by a defendant in a lawsuit th ... ee also: affirmative defense offset sounds in :: adj. referring to the underlying legal basis for a ... ause of action sounds in contract." specific performance :: n. the right of a party to a contract to demand th ... artwork. See also: contract prayer strike :: 1) v. to remove a statement from the record of the ... ing the business, factory or store. subrogee :: n. the person or entity that assumes the legal rig ... aid. See also: subrogation subrogor summary adjudication of issues :: n. a court order ruling that certain factual issue ... is made. See also: summary judgment summary judgment :: n. a court order ruling that no factual issues rem ... tion summary adjudication of issues summons :: n. a document issued by the court at the time a la ... use service service of process writ tax costs :: n. a motion to contest a claim for court costs sub ... sts" to avoid paying these charges. venue :: n. 1) the proper or most convenient location for t ... ion. See also: forum non conveniens wiretap :: n. using an electronic device to listen in on tele ... invasion of privacy probable cause Popular Law Searcheslegal definition ministerial act :: n. an act, particularly of a governmental employee ... exercising any individual judgment.chancery legal definition :: n. a court that can order acts performed. Today ch ... ts in most states. See also: equity testamentary disposition legal definition :: n. how the terms of a will divide the testator's ( ... named beneficiaries. See also: will contract of sufferance :: n. a "hold-over" tenancy after a lease has expired ... y tenancy at will unlawful detainer forthwith legal definition :: adv. a term found in contracts, court orders and s ... mediacy, with no excuses for delay. forthwith definition legal :: adv. a term found in contracts, court orders and s ... mediacy, with no excuses for delay. what is to wit in a legal contract :: prep. that is to say. Example: "the passengers in ... tty Bumgartner and Sherry Younger." mirror wills legal definition :: n. the wills of a husband and wife which are ident ... d each names the other as executor. clean hands doctrine latin :: n. a rule of law that a person coming to court wit ... ices. See also: affirmative defense sine qua non only relates to contract law :: (see-nay kwah nahn) prep. Latin for "without which ... qua non of the injury to Playmate. Other Law Terms - MM. O. :: n. slang for modus operandi, the way or pattern in ... her crime. See also: modus operandimagistrate :: n. 1) a generic term for any judge of a court, or ... ce of the peace preliminary hearing Magna Carta :: n. Latin for "Great Charter," it was a document de ... s. It is also spelled Magna Charta. mail box rule :: n. in contract law, making a written offer or acce ... nse in hand when the time runs out. maim :: v. to inflict a serious bodily injury, including m ... to a prison term. See also: mayhem majority :: n. 1) the age when a person can exercise all norma ... t. See also: child infancy minority make :: v. 1) to create something. 2) to sign a check, pro ... xchange check maker promissory note make one whole :: v. to pay or award damages sufficient to put the p ... fault of another. See also: damages maker :: n. 1) the person who signs a check or promissory n ... : check payee payor promissory note malfeasance :: n. intentionally doing something either legally or ... sponsibility. See also: misfeasance malice :: n. a conscious, intentional wrongdoing either of a ... cution murder public figure slander malice aforethought :: n. 1) the conscious intent to cause death or great ... : first degree murder malice murder malicious prosecution :: n. filing a lawsuit with the intention of creating ... vor of the victim. See also: malice malpractice :: n. An act or continuing conduct of a professional ... eed. See also: errors and omissions malum in se :: (mal-uhm in say) adv. Latin referring to an act th ... hibitum. See also: malum prohibitum malum prohibitum :: (mal-uhm prohibit-uhm) adj. Latin meaning "wrong d ... lso: malum in se white collar crime mandamus :: (man-dame-us) n. Latin for "we order," a writ (mor ... mandamus. See also: writ of mandate mandate :: n. 1) any mandatory order or requirement under sta ... See also: mandamus writ of mandate mandatory :: adj., adv. absolutely demanded or required. ... v. absolutely demanded or required. mandatory joinder :: n. the required inclusion of a party in a lawsuit ... sues in the case. See also: joinder |