Exclusionary rule – The rule that prevents illegally obtained evidence, such as property found during an illegal search, from being used in legal proceedings. Judgment – The official decision of a court that finally decides on the respective rights and claims of the parties to a dispute. On appeal, McDowell argued, among other things, that the trial court erred in dismissing his jury`s request on whether to accept the defendants` settlement offer. The Supreme Court considered whether McDowell was entitled to a jury trial on the counterclaim for certain benefits and, if there was no right to a jury trial on that counterclaim, whether McDowell was entitled to a jury trial on the defendants` positive defence. which was also based on the settlement agreement. The court also stated that it had to determine whether the trial of this defense should have taken place before the hearing of the defendants` counterclaim for a certain performance if there was indeed a right to a jury trial on the positive defense. Seizure – taking and possession of a person`s property in the course of a proceeding to ensure the enforcement of a judgment that has not yet been rendered. A detailed description of a debtor`s intention to settle creditors` claims over a period of time. The Court also held that, unlike an enforceable agreement, the theories of agreement and satisfaction and the contract replaced are legal and unfair theories. Guarantee – A legal promise that certain facts are true.
Adjudicator – A person to whom the court refers a pending case to testify, hear the parties and report back to the court. An arbitrator is an official with judicial powers who serves as the armed arm of the court, but whose final decision is subject to the approval of the court. Also known as “Special Prothonotary”, “Special Representative” or “Hearing Officer”. Generally, Agreement and Satisfaction deals with a debtor`s offer to pay and a creditor`s acceptance of an amount less than that initially claimed by the creditor. This is a method of satisfying a claim by settling the claim and enforcing the new agreement. Agreement is the agreement and satisfaction of its execution or execution. A new contract replaces an old contract, thereby fulfilling an obligation or cause of action that is settled, and must contain all the elements of a valid contract. In March and April 1970, General Construction and the State Fish Commission signed an amendment order that increased the price of the contract and specified certain changes to the plans. The amending order did not state that it was General Construction`s exclusive remedy for all damages arising from the inaccurate specifications, or that General Construction reserved the right to recover other damages. The State Fish Commission argued that the variation order was an agreement and satisfaction by which General Construction waived all its claims for recovery for additional costs arising from the State Fish Commission`s design defects and specifications.
General Construction argued that the amount paid under the variation order was intended only to cover the costs of the specific modifications described in the variation order, since, at the time the variation order was enforced, the parties had no idea of the other damages that would result from the delay or damage to General Construction`s work due to the overflow of the river during the delay period. Complaint – [Civil Law] The first documents filed in a civil action specifying the claim for which relief is sought; In the application, the plaintiff mentions the injustice allegedly committed by the defendant. [Criminal] A written affidavit stating that the complainant has reason to believe that the defendant has violated a criminal law. A written statement instituting civil proceedings in which the plaintiff describes in detail the claims against the defendant. Nolo Contendere – No competition. A plea in which the accused does not admit guilt, but which has the same legal effect as an admission of guilt in a criminal case. However, the plea of non-challenge cannot be used in a civil action related to the criminal charge to prove the civil liability of the defendant. For example, a nolo contendere plea for a traffic estimate resulting from an accident cannot be used to convince a judge in a civil case that the defendant is guilty of causing an accident. A court decision in a previous case with facts and points of law similar to a dispute currently pending in court. Judges generally “follow precedents,” that is, they use principles established in previous cases to decide new cases that have similar facts and raise similar legal issues. A judge will disregard precedents if a party can prove that the previous case was ill-decided or that it differs significantly from the current case.
The right as set out in previous court decisions. Synonymous with precedent. Similar to the common law, which stems from tradition and judicial decisions. Let`s take the example of a hotel that hires a contractor to replace the plumbing in the bathrooms on the property. Let`s say both parties have agreed on $50,000 for the entire contract, with $20,000 to be paid as a down payment, $15,000 during the repair process, and the remaining $15,000 once the plumbing is complete. However, once the work was completed, the hotel management deemed the repair work unsatisfactory and withheld payment of the remaining $15,000. In this case, both parties involved can agree to an agreement and satisfaction, with the hotel agreeing to pay $5,000 of the remaining $15,000. This essentially means that the hotel gets a $10,000 discount for unsatisfactory plumbing in its bathrooms, rather than giving up its right to sue the contractor.