Dictionary of Law
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count :: legal definition


Count - n. each separate statement in a complaint which states a cause of action which, standing alone, would give rise to a lawsuit, or each separate charge in a criminal action. For example, the complaint in a civil (non-criminal) lawsuit might state: First Count (or cause of action) for negligence, and then state the detailed allegations; Second Count for breach of contract; Third Count for debt and so forth. In a criminal case each count would be a statement of a different alleged crime. There are also so-called common counts which cover various types of debt.

See also: cause of action common counts and Related Law Terms ↓


Related Law Terms

action :: n. a lawsuit in which one party (or parties) sues ... . See also: cause of action lawsuit
actionable :: adj. when enough facts or circumstances exist to m ... ction lawsuit malicious prosecution
admit :: v. 1) to state something is true in answering a co ... tted." See also: admission evidence
affirmative defense :: n. part of an answer to a charge or complaint in w ... lp the defendant. See also: defense
allegation :: n. a statement of claimed fact contained in a comp ... sure of a fact. See also: complaint
allege :: v. to claim a fact is true, commonly in a complain ... or any claim. See also: allegation
amended complaint :: n. what results when the party suing (plaintiff or ... cause of action complaint demurrer
answer :: n. in law, a written pleading filed by a defendant ... emurrer general denial verification
Bill of Rights :: n. the first ten amendments to the federal Constit ... ved to the states or to the people.
burglary :: n. the crime of breaking and entering into a struc ... le. See also: breaking and entering
but for rule :: n. one of several tests to determine if a defendan ... e damage. See also: proximate cause
carrier :: n. in general, any person or business which transp ... lso: common carrier private carrier
cause of action :: n. the basis of a lawsuit founded on legal grounds ... property. See also: element lawsuit
civil :: adj. 1) that part of the law that encompasses busi ... also: civil liberties civil rights
common counts :: n. claims for debt alleged in a lawsuit (included ... so: cause of action complaint count
common law :: n. the traditional unwritten law of England, based ... plied without reference to statute.
community property :: n. property and profits received by a husband and ... and distribution separate property
commutation :: n. the act of reducing a criminal sentence resulti ... See also: executive clemency pardon
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
conflict of law :: n. a situation in which both state and federal law ... y arose. See also: forum preemption
court :: n. 1) the judge, as in "The court rules in favor o ... cost and wait of full court trials.
demurrer :: n. (dee-muhr-ur) a written response to a complaint ... demurrer. See also: motion pleading
direct and proximate cause :: n. the immediate reason damage was caused by an ac ... so: cause complaint proximate cause
dismiss :: v. the ruling by a judge that all or a portion (on ... nst that party. See also: dismissal
dismissal :: n. 1) the act of voluntarily terminating a crimina ... f the settlement. See also: dismiss
element :: n. 1) an essential requirement to a cause of actio ... of action crime general plan zoning
equity :: n. 1) a venerable group of rights and procedures t ... ry enjoin equitable injunction writ
fair comment :: n. a statement of opinion (no matter how ludicrous ... amation libel public figure slander
file :: 1) v. to deposit with the clerk of the court a wri ... rrespondence and notes on the case.
general denial :: n. a statement in an answer to a lawsuit or claim ... anguage. See also: answer complaint
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
implied covenant of good faith and fair dealing :: n. a general assumption of the law of contracts, t ... -long employment. See also: implied
information and belief :: n. a phrase often used in legal pleadings (complai ... nswer complaint declaration perjury
jurisdiction :: n. the authority given by law to a court to try ca ... Superior Court Supreme Court venue
jury :: n. one of the remarkable innovations of the Englis ... hallenge sequester venire voir dire
justice of the peace :: (JP) n. a judge who handles minor legal matters su ... ersons to qualify by taking a test.
last clear chance :: n. a rule of law in determining responsibility for ... contributory negligence negligence
law :: n. 1) any system of regulations to govern the cond ... um maritime law natural law statute
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
long-arm statute :: n. law which gives a local state court jurisdictio ... rt jurisdiction over the defendant.
malpractice :: n. An act or continuing conduct of a professional ... eed. See also: errors and omissions
misjoinder :: n. the inclusion of parties (plaintiffs or defenda ... ent transactions. See also: joinder
mortgage :: n. a document in which the owner pledges his/her/i ... losure notice of default trust deed
motion for a summary judgment :: n. a written request for a judgment in the moving ... strict procedures. See also: motion
municipal court :: n. a lower court which usually tries criminal misd ... nd/or small claims. See also: court
negligence :: n. failure to exercise the care toward others whic ... gence per se res ipsa loquitur tort
no contest :: n. in criminal law, a defendant's plea in court th ... : nolo contendere plea plea bargain
no fault insurance :: n: a type of automobile insurance required of car ... ling lawsuits. See also: negligence
notice :: n. 1) information, usually in writing in all legal ... Thirty-day notice three-day notice
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
property :: n. anything that is owned by a person or entity. P ... rty real property separate property
prosecute :: v. 1) in criminal law, to charge a person with a c ... rney General prosecution prosecutor
quiet title action :: n. a lawsuit to establish a party's title to real ... opposition. See also: notice title
separate property :: n. in community property states (California, Texas ... pouse. See also: community property
service of process :: n. the delivery of copies of legal documents such ... by publication substituted service
sounds in :: adj. referring to the underlying legal basis for a ... ause of action sounds in contract."
speaking demurrer :: n. an attempt to introduce evidence during a heari ... the operation." See also: demurrer
special circumstances :: n. in criminal cases, particularly homicides, acti ... urant. See also: capital punishment
state action :: n. in federal Civil Rights Acts, dating back to 18 ... for damages. See also: civil rights
statute of limitations :: n. a law which sets the maximum period which one c ... ies. See also: demurrer laches toll
strike :: 1) v. to remove a statement from the record of the ... ing the business, factory or store.
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
trial :: n. the examination of facts and law presided over ... at a hearing held at a later time.
venue :: n. 1) the proper or most convenient location for t ... ion. See also: forum non conveniens
verification :: n. the declaration under oath or upon penalty of p ... ed. See also: answer complaint oath

Popular Law Searches

legal 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 - C

C.I.F. :: n. the total of cost, insurance and freight charge ... aid on goods purchased and shipped.
calendar :: 1) n. the list of cases to be called for trial bef ... clerk of the court calendars cases.
calendar call :: n. the hearing at which a case is set for trial. ... g at which a case is set for trial.
call :: n. the demand by a corporation that a stockholder ... assessment on shares already owned.
calumny :: n. the intentional and generally vicious false acc ... 's reputation. See also: defamation
cancel :: v. to cross out, annul, destroy, void and/or resci ... g, so that it cannot be used again.
cancellation :: cancel ... cancel
caning :: n. a punishment for crimes employed in certain Asi ... last century in the United States.
canon law :: n. laws and regulations over ecclesiastical (churc ... nduct with no religious connection.
cap :: n. slang for maximum, as the most interest that ca ... "adjustable rate" promissory note.
capital :: 1) n. from Latin for caput, meaning "head," the ba ... count capital assets stock in trade
capital account :: n. the record which lists all basic assets of a bu ... or the alleged value of good will.
capital assets :: n. equipment, property, and funds owned by a busin ... . See also: capital capital account
capital expenditure :: n. payment by a business for basic assets such as ... y intended to improve productivity.
capital gains :: n. the difference between the sales price and the ... so: basis delayed exchange exchange
capital investment :: capital expenditure ... capital expenditure
capital offense :: n. any criminal charge which is punishable by the ... . See also: bail capital punishment
capital punishment :: n. execution (death) for a capital offense. The U. ... or death. See also: capital offense
capital stock :: n. the original amount paid by investors into a co ... price. See also: corporation stock
capitalization :: n. 1) the act of counting anticipated earnings and ... for conversion into capital assets.