Tag: Procedural Law
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Contribution
Definition of Contribution In accordance with the work A Dictionary of Law, this is a description of Contribution : The payment made by each of two or more people in respect of damage or a loss for which they are jointly liable. In tort, when two or more people are jointly liable for the same…
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Strike Out
Concep of Strike Out in Procedural Law In this context, a short definition of Strike Out may be the following: Striking out means the court ordering written material to be deleted so that it may no longer be relied upon.
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Exemplary Damages
Definition of Exemplary Damages In accordance with the work A Dictionary of Law, this is a description of Exemplary Damages : (punitive damages, vindictive damages) Damages given to punish the defendant rather than (or as well as) to compensate the claimant for harm done. Such damages are […]
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Cross-examination
Definition of Cross-Examination In accordance with the work A Dictionary of Law, this is a description of Cross-Examination : The questioning of a *witness by a party other than the one who called him to testify. It may be to the issue, i.e. designed to elicit information favourable to the […]
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List
Concep of List in Procedural Law In this context, a short definition of List may be the following: Cases are allocated to different lists depending on the subject matter of the case. The lists are used for administrative purposes and may also have their own procedures and judges. Concept of […]
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Privilege
Concep of Privilege in Procedural Law In this context, a short definition of Privilege may be the following: The right of a party to refuse to disclose a document or produce a document or to refuse to answer questions on the ground of some special interest recognised by law.
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Indemnity
Indemnity in Contract Formation It is often advisable to include this term in any contract. In Pinsent Mason’s words:Indemnity clauses are an express obligation to compensate the indemnified party by making a money payment for some defined loss or damage. They provide for an immediate right to […]
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Divisional Court
Definition of Divisional Court In accordance with the work A Dictionary of Law, this is a description of Divisional Court : A court consisting of not less than two judges of one of the Divisions of the High Court. There are Divisional Courts of each of the Divisions. Their function is to hear […]
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Limitation Period
Concep of Limitation Period in Procedural Law In this context, a short definition of Limitation Period may be the following: The period within which a person who has a right to claim against another person must start court proceedings to establish that right. The expiry of the period may be a […]
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Defence of Tender Before Claim
Concep of Defence of Tender Before Claim in Procedural Law In this context, a short definition of Defence of Tender Before Claim may be the following: A defence that, before the claimant started proceedings, the defendant unconditionally offered to the claimant the amount due or, if no […]
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Evidence in Chief
Concep of Evidence in Chief in Procedural Law In this context, a short definition of Evidence in Chief may be the following: The evidence given by a witness for the party who called him. (See also the following legal term: ‘Cross-examination’)
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Set Aside
Concep of Set Aside in Procedural Law In this context, a short definition of Set Aside may be the following: Cancelling a judgment or order or a step taken by a party in the proceedings.
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Official Copy
Concep of Official Copy in Procedural Law In this context, a short definition of Official Copy may be the following: A copy of an official document, supplied and marked as such by the office which issued the original.
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Counterclaim
Definition of Counterclaim In accordance with the work A Dictionary of Law, this is a description of Counterclaim : A cross-claim brought by a defendant in civil proceedings that asserts an independent cause of action but is not also a defence to the claim made in the action by the claimant. A […]
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Joint Liability
Concep of Joint Liability in Procedural Law In this context, a short definition of Joint Liability may be the following: Parties who are jointly liable share a single liability and each party can be held liable for the whole of it. (See also the following legal term: ‘Several liability’)