Suit

Suit in United Kingdom

Concept of Suit

The following is an old definition of Suit [1], a term which has several meanings:1. Followers: witnesses for the plaintiff. The actual production of the ” suit,” the followers, has been disused since the time of Edward III (1327-77), though the form is continued. This explains the meaning of the phrase, still found in declarations at common law, “and therefore he brings suit:” inde produdt sectam. Those words were affixed at a time when a suitor’s witnesses were his followers, as prompt to maintain his quarrel in the forum as in the field. Now, as then, a party usually selects his witnesses from among his friends, who insensibly catch the spirit of their side. See Lis, Mota. Sue out. To seek after; to apply for and obtain: as, to sue out a writ or a pardon. 2. Following another; pursuit; also, at-tendance upon another: as, to do suit, suit at a feudal lord’s court, fresh suit. Fresh suit. (1) When a lord distrained animals for rent and the owner rescued or drove them upon ground not belonging to the distrainer, and the latter followed and reseized them. (2) When a person who had been robbed at once followed and apprehended, or after ward helped to convict, the thief. As punishment for making no effort to capture tlie tliief, the Iting confiscated any goods thrown away by liim in his flight. 3. Any proceeding in a court of justice by which an Individual pursues that remedy which the law allows him. Whatever the mode, if a right is litigated the proceeding by which the decision of the court is sought is a ” suit.” The prosecution, or pursuit, of some claim, demand, or request. In law language, the prosecution of some demand in a court of justice. To “commence ” a suit is to demand something by the institution of process in such court; and to ” prosecute ” a suit is to continue that demand. In any legal sense, action, suit, and cause are convertible terms. Any proceeding in a court in which a plaintiff pursues his remedy to recover a right or claim. Any proceeding in a court for the purpose of obtaining such remedy as the law allows a party under the circumstances. “Suit at law” is synonymous with “action at law.” Usually “suit” and “action” are synonymous terms, although “suit” is of more general meaning, and is indefinitely applied to proceedings in law as well as in equity, while “action “is applied to proceedings at law. In its most extended sense, a suit includes a criminal prosecution. ” An indictment is an accusation at the suit of the king.” May apply to a controversy which has not yet taken the form of a pending suit. The instruments whereby a remedy is obtained for a wrong done are a diversity of ” suits ” or ” actions,” which are defined to be the lawful demand of one’s right, or, in the words of Justinian, jus prosequendi in judicio quod alicui debetur, the right of seeking in court whatever is due to anyone. Sue. To institute or continue an action or proceeding for the recovery of a right. To seek for in law; to make legal claim; to prosecute. Suitor. A party to a suit in court; a party litigant. See Action; Cause, 1 (3); Controversy; Interplead; Intervene; Lawsuit; Multiplicity; Party; Prosecute; Record; Vex. Compare Lis. No suit or action can be brought against the kihg, even in civil matters, because no court can have jurisdiction over him – in his political capacity. Jurisdiction implies supremacy of power. The principle is elementary tliat a state cannot be sued in its own courts without its consent. This is a privilege of sovereignty. ” The Judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by Citizens of another State, or by Citizens or Subjects of any Foreign State.” The Constitution, as originally adopted, provided that the judicial power of the United States should extend to controversies ” between a State and Citizens of another State,” or “between a State, or the Citizens thereof, and foreign States, Citizens or Subjects,” and that in all cases ” in which a, State shall be a Party, the supreme Court shall have original Jurisdiction. ” The Supreme Court, in the case of Chisholm v. Georgia, decided in 1793, held that under these provisions a State could be sued in that Court by a citizen of another State. This decision led Congress in 1794 to pass a joint resolution, proposing an amendment to the Constitution, which, being ratified, became the Eleventh Amendment.0 Every government has an inherent right to protect itself against suits. It tliey are permitted, it is only upon the conditions prescribed by statute. But for the protection which the principle affords a government would be unable to perform its duties. It might be impossible to collect the revenue for its support, without infinite embarrassments and delays, if subject to civil processes the same as a private person. A State may withdraw the right while an action pends to secure an adjudication, that being merely an auditing of the claim, not a remedy for enforcing a contract. When the power to sue the United States is given in an act of Congress, ” State ” means a member of the Union, and not the District of Columbia or a Territory. But the officers whose acts are illegal and void may be sued. A cause cannot be maintained against a State, though brought in its name, it the absolute right to the subject in controversy is in an individual (as, the real owner of a bond sued on), the plaintiff State being a mere collecting agent. Reference must be had to the real party in interest, not merely to the parties to the record; An action brought to restrain the attorney-general ot a State (Virginia) and the treasurers of the various counties from enforcing certain statutes alleged to impair contract obligations ot the State, with respect to coupon bonds issued by her, was held not to be maintainable, although the laws in question might violate such obligations. See Court, Of claims; Right, 2, Petition of.

Resources

Notes and References

  1. Meaning of Suit provided by the Anderson Dictionary of Law (1889) (Dictionary of Law consisting of Judicial Definitions and Explanations of Words, Phrases and Maxims and an Exposition of the Principles of Law: Comprising a Dictionary and Compendium of American and English Jurisprudence; William C. Anderson; T. H. Flood and Company, Law Publishers, Chicago, United States)

Posted

in

,

by

Tags:

Comments

Leave a Reply

Your email address will not be published. Required fields are marked *