Also called a cross-claim, this is the filing of a legal claim against the original plaintiff, a co-defendant or another party that is not yet a party to the lawsuit and where the underlying facts are the same as the original lawsuit. For example, a plaintiff may sue a driver for causing an accident and the defendant may sue the manufacturer for creating a defect that caused … [Read more...]

The hue and cry raised by the people in ancient times, where a felony had been committed and the constable was absent. … [Read more...]

Latin: A term, of the civil law, meaning fault, neglect, or negligence. There are three degrees of culpa, lata culpa, gross fault or neglect; levis culpa, ordinary fault or neglect; levissima culpa, slight fault or neglect, and the definitions of these degrees are precisely the same as those in our law. Story, Bailm. 18. This term is to be distinguished from dolus, which means … [Read more...]

(A) The opportunity at trial to question a witness, including your adversary, who testifies against you during direct examination. Cross examination usually occurs directly after direct examination of a witness and is usually conducted by opposing counsel on a witness favorable to the adversary. Cross examination is used to either get the adversary's witness to say something … [Read more...]

Literally, cry of the country. In England, when a felony has been committed, hue and cry may be raised by the country, in the absence of the constable. It is then cry de pays. … [Read more...]