Parties joined on the same side in a lawsuit are referred to as 'co-parties'.
Punitive damages are most often awarded in cases of defamation, libel, and civil rights violations.
Service of process is the initial step to establish jurisdiction, while service of subsequent documents (such as pleadings and motion papers) occurs between the parties to litigation.
Lord Diplock stated that the right of a man to be given a fair opportunity of hearing what is alleged against him and of presenting his own case is so fundamental to any civilized legal system that it is presumed Parliament intended that failure to provide such an opportunity would be unlawful.
Order 48, rule 1(1) states that every process issued under these Rules shall be served at the expense of the party on whose behalf it is issued unless the court otherwise directs.
The opponent should acknowledge receipt and respond within a reasonable time, ideally leading to a negotiated settlement.
A declaratory judgment is a court order declaring the respective rights of the parties involved.
The person affected must have a reasonable opportunity of being heard, and the hearing must be genuine.
Named plaintiffs represent all plaintiffs within the certified class and their claims must be fairly representative of the interests of all persons within the class.
An appeal is the act of challenging a judicially cognizable and binding judgment to a higher judicial authority.
The court must consider whether the applicant has succeeded on the merits, has an adequate remedy at law, risks imminent irreparable harm, the balance of hardships, whether the injunction serves the public interest, and whether the court can enforce the injunction.
Failure to disclose a cause of action is distinct from the absence of full particulars.
A plaint is the first pleading filed by a plaintiff which initiates a lawsuit, setting forth the relevant allegations of fact that give rise to one or more legal causes of action along with a prayer for relief.
A plaint must disclose some cause of action or raise questions fit to be decided by a judge.
No cause of action would be shown, and the plaint must be rejected.
The purpose of punitive or exemplary damages is to punish a defendant and/or set an example for similar cases.
Typically, a summons and related documents must be served upon the defendant personally, or in some cases upon another person of suitable age and discretion at the person’s abode or place of business or employment.
The principle 'Audi Alteram Partem' literally translates to 'hear the other side' and means that every person is entitled to be heard before an order or judgment is passed against them.
The Due Process clause of the Constitution.
The final order entered by the court in a case is called the entry of judgment.
The forms used for the purposes of the Act shall, with such variation as the circumstances of each case may require, be those found in the Appendices to these Rules, and such other forms as may be approved by the High Court.
An example is when Achieng is using a process that violates Buluma’s patent, and they go to court to have a judge decide the issue.
'Every suit shall include the whole of the claim which the plaintiff is entitled to make in respect of the cause of action; but a plaintiff may relinquish any portion of his claim'.
A 'counter-claim' is a claim raised against an opposing party, making them 'counter-parties' as to the counterclaim.
An event in which parties to a dispute present information (in the form of evidence) in a formal setting, usually a court, before a judge, or other designated finder of fact, to achieve a resolution to their dispute.
Lord Reid emphasized the universality of the right to a fair hearing, whether it concerns the property, tenure of an office, or membership of an institution.
No, the court does not consider the defenses raised by the defendant when determining if a plaint shows a cause of action.
A declaratory judgment allows them to resolve the issue without Achieng having to continue violating Buluma’s patent and waiting for a lawsuit claiming damages.
A judgment is the formal decision made by a court following a suit.
A permanent injunction can be issued only after notice and opportunity to be heard to the adverse party and can last indefinitely, while a temporary injunction may be granted without notice to the adverse party and cannot remain in effect for more than a fixed number of days.
The purpose of compensatory damages is to restore the injured party to the position they were in prior to the injury.
A lawsuit where multiple plaintiffs who have suffered harm as a result of the actions of a common defendant are joined together.
The court must be satisfied that the allegations made in the plaint, if accepted as true, would entitle the plaintiff to the relief claimed.
1. The private interest that will be affected by the official action. 2. The risk of an erroneous deprivation of such interest through the procedures used. 3. The probable value of additional or substitute procedural requirements.
The court or administrative body may find the defendant in default and award relief to the claimant, petitioner, or plaintiff.
The three primary types of monetary damages are actual or compensatory damages, punitive or exemplary damages, and nominal damages.
The personal representative (executor or administrator) of the deceased’s estate.
Courts enforce this requirement to ensure that the opponent has the opportunity to reply to the case against them and to present their own defense, preventing any party from being caught unawares.
A court’s lack of subject matter jurisdiction can be raised at any time and does not need to be pleaded.
The applicant must show irreparable injury and that they have a good chance of winning the suit on its merits.
Service of process is the procedure employed to give legal notice to a person of a court or administrative body’s exercise of its jurisdiction over that person so as to enable that person to respond to the proceeding before the court, body, or other tribunal.
To establish personal jurisdiction of the court over the person served.
An Appellate Court is a court that hears cases in which a lower court has already made a decision, but at least one party wants to challenge it based on legal grounds.
A defence is a pleading filed by a defendant which challenges the legal sufficiency of a plaint while admitting or denying the specific allegations set forth in a plaint and constitutes a general appearance by a defendant.
The inherent powers of the court are with respect to the procedure followed by the court in deciding the case before it, not over the substantive rights that the litigant possesses.
The elements are duty, breach of that duty, causation by that breach, and damages incurred by the plaintiff.
They are referred to as 'cross-parties' as to each other.
A recognized kind of legal claim that a plaintiff is entitled to, pleads or alleges in a plaint to start a suit.
Both the legal theory of the legal wrong the plaintiff claims to have suffered and the remedy the court is allowed to order the defendant to do to compensate the plaintiff.
A pleading is one of the papers filed with a court in a civil action, such as a complaint, a defence, or a counterclaim or reply to defence.
A criminal trial resolves accusations brought by the government against a person accused of a crime, while a civil trial generally settles a dispute between private parties.
Lord Loreburn, L.C. stated that departments or offices of State must act in good faith and fairly listen to both sides, always giving a fair opportunity to those who are parties in the controversy for correcting or contradicting any relevant statement prejudicial in their view.
The material facts required to be pleaded and proved for obtaining the relief claimed in the suit.
There must be actual damage, such as proven emotional suffering or mental anguish, for damages to be merited in cases of constitutional rights violations.
A process server who must be an adult and, in most jurisdictions, not a party to the litigation or a court official bailiff.
A pleading must contain only a statement in summary form of the material facts on which the party pleading relies for his claim or defence, but not the evidence by which those facts are to be proved.
The person must have legal competency to stand before the court, which implies, among other factors, minimum legal age and mental competency.
Most defenses must be raised in the pleadings or by motion, or they are waived at trial.
Nominal damages are a trifling sum awarded to a plaintiff in an action where there is no substantial loss or injury to be compensated, but the law recognizes a technical invasion of rights or a breach of duty.
Order 17, rule 2 states that on the day fixed for the hearing of the suit, the party having the right to begin shall state their case and produce evidence. The other party shall then state their case and produce evidence, and may address the court generally on the case. The party beginning may then reply.
They could be penalized by having to pay the other party’s costs and/or getting an order made against them for disclosure (discovery) in the course of the proceedings.
Opening statements (first plaintiff, then defendant); introduction of evidence (first plaintiff, then defendant, then rebuttal evidence); closing arguments (first plaintiff, then defendant); instructions to the jury by the court; return of verdict and poll of jury; and entry of a judgment.
The prosecuting party (the one filing a complaint or lawsuit or petition).
The court will dismiss the plaint as disclosing no cause of action.
A demand letter sets out all the information on which a claim will be based and initiates negotiations for a settlement.
An affidavit, a list of witnesses, written statements signed by the witnesses, and copies of documents to be relied on at the trial, including a demand letter before action.
