Legal Specs

Definition 1

actions. A perpetual destruction or temporary taking away of the
action of the plaintiff. In ancient authors it is called exceptio
peremptorid. Co. Litt. 303 b Steph. Pl. Appx. xxviii. Loisel (Institutes
Coutumieres, vol. ii. p. 204) says, "Exceptions (in pleas) have been called
bars by our ancient practitioners, because, being opposed, they arrest the
party who has sued out the process, as in war (une barriere) a barrier
arrests an enemy, and as there have always been in our tribunals bars to
separate the advocates from the judges, the place where the advocates stand
(pour parler) when they speak, has been called for that reason (barreau)
the bar."


2. When a person is bound in any action, real or personal, by judgment on
demurrer, confession or verdict, he is barred, i. e. debarred, as to that
or any other action of the like nature or degree, for the same thing,
forever, for expedit reipublicae ut sit finis litim.


3. But there is a difference between real and personal actions.


4. In personal actions, as in debt or account, the bar is perpetual,
inasmuch as the plaintiff cannot have an action of a higher nature, and
therefore in such actions he has generally no remedy, but by bringing a
writ of error. Doct. Plac. 65, 6 Co. 7, 8 4 East, 507, 508.


5. But if the defendant be barred in a real action, by judgment on a
verdict, demurrer or confession, &c., he may still have an action of a
higher nature, and try the same right again. Lawes, Pl. 39, 40. See
generally, Bac. Ab. Abatement, N, Plea in bar. Also the case of Outram v.
Morewood, 3 East, Rep. 346-366, a leading case on this subject.

Definition 2

practice. A place in a court where the counsellors and advocates
stand to make their addresses to the court and jury, it is so called
because formerly it was closed with a bar. Figuratively the counsellors and
attorneys at law are called the bar of Philadelphia, the New York bar.


2. A place in a court having criminal jurisdiction, to which prisoners
are called to plead to the indictment, is also called, the bar. Vide Merl.
Repert. mot Barreau, and Dupin, Profession dAvocat, tom. i. p. 451, for
some eloquent advice to gentlemen of the bar.

Definition 3

contracts. An obstacle or opposition. 2. Some bars arise from
circumstances, and others from persons. Kindred within the prohibited
degree, for example, is a bar to a marriage between the persons related,
but the fact that A is married, and cannot therefore marry B, is a
circumstance which operates as a bar as long as it subsists, for without it
the parties might marry.

Posted on 22 Sep 2008

The opportunity to find, gain and hold employment without discrimination due to disability, color, nationality, race, religion, marital status, sexual preference, gender, or age is one of our recognized civil rights in America. These rights have been enshrined under our fundamental law and...

Posted on 22 Sep 2008

Since time immemorial, it has long been recognized under our (American) setting that employer-employee relationships can be severed at will of either party.

This recognized practice has become a source of complications between labor and capital, where wrongful termination iss...

Posted on 22 Sep 2008

In the previous article, I briefly discussed on how to detect potential frauds. Now, I describe two of the most common fraudulent transactions: “Bank Guarantees” and “Discounted Bank Instruments”.

Posted on 19 Sep 2008

A personal injury is an injury caused to any one either physical or psychological either due to an accident or due to the negligence of medical and dental malpractice and to claim compensation you will have to get personal injury work done. There are different categories of personal injury...

Posted on 18 Sep 2008

The International Panel on Climate Change (IPCC) is the agency that gives us scientifically approved and governmentally sanctioned views of complex issues relating to climate change.

Its view on ice melting has been especially cautious. The panel report predicts that ice on g...

Posted on 18 Sep 2008

Giving divorce is only a single pace in inspiring into a new life after divorce. By preparing for a quick divorce before it truly causes, you can downgrade much of the stress and conflict that many people face when they rush the divorce procedure. Preparing in advance permits you to make s...

Posted on 15 Sep 2008

With the evolution of society comes the evolution of crime. Items that were overlooked, discarded, scrap, or trash have increased in value so much that these items have become hot commodities for thieves. What you are throwing away could very well be valuable enough for someone to steal.

Posted on 12 Sep 2008

Most business owners do not give a second thought about their trademark. Whether it is a small town bakery or a self-employed handyman, most business owners go on their merry way, completely unconcerned about owning their own trademark.

Sometimes this works out okay. Often tim...

Posted on 12 Sep 2008

The state of Minnesota and the State of Wisconsin currently require a person suspected of a DUI/DUI to submit to a blood, breath or urine test to determine the blood alcohol content of the subject. A refusal to submit to such a test may have more serious ramifications than a test result wi...

Posted on 09 Sep 2008

Evening of 28, U.S. Senator Obama accepted the presidential nomination in the Democratic National Convention, became the first minorities ethnic U.S. presidential candidate nominated by major political parties.
Recently, Obama ca...

Posted on 08 Sep 2008

Public Communication has enjoyed a big boost with the advent of the Internet and Public Police Records is one of the biggest beneficiaries. Through this medium, they are now reaching more people...

Posted on 05 Sep 2008

New York is one of the biggest cities in the world and anyone who has ever spent anytime here knows how congested the city is and how much traffic there is. With that many cars on the road there are many accidents here each year. Some are very minor, barely involving any property damage....

Posted on 03 Sep 2008

For those who have worked long and hard for someone else, the time has now come to live your dream. Net Lawman provides you with the key – easy to use business sale agreements. Not only are they written in plain English and come with explanatory notes, they allow you to bu...

Posted on 02 Sep 2008

I have been living with my dorm mates for the last couple of years, and never in my life have I been affected by their constant thriftiness, all because of a gas card. I admit I was a big spender: I buy too many things that suit my liking. And most of the time, they end up in the trash can...

Posted on 01 Sep 2008

DUI laws now entail reform which will continue to sweep the nation. In the past it was a few states that took the forefront when it came to arrests and prosecutions. Some instances may have seemed onerous or even is some cases unconstitutional. Yet, despite opposition. Many of these change...

Posted on 01 Sep 2008

Copyright (c) 2008 Law Offices of Jonathan Cooper

In our prior article entitled "5 Rules to Succeed in Filing an Insurance Claim," we provided tips to avoid some of the insurance industry's favorite gambits for denying rightful claims, including the insurer's receiving late no...

Posted on 22 Aug 2008

Wikipedia Marketing
Use a Wiki To Market A Law Firm or Practice

Wikipedia is a very important tool in a tech-savvy legal marketers' arsenal. Web technologies like RSS from blogs, wikis, forums, and other kinds of channels into feed-enabled portals create buzz about an at...

Posted on 21 Aug 2008

Negligence is generally defined as the commission of a civil wrong, a tort, which accidentally causes injury to somebody because of failure to perform an expected duty with care that a reasonably prudent person would use with regard to the safety of other in a particular circumstance.

Posted on 21 Aug 2008

In the United States, in order to lessen the hassle and problem related to debt collection, the legislature enacted the Fair Debt Collection Practices Act.

What is Fair Debt Collection Practices Act?

Fair Debt Collection Practices Act is a U.S statute added in 197...

Posted on 21 Aug 2008

Termination of employment is the end of the employee's duration with the employers. This may be caused by the decision of the employer, of the employee or a mutual decision by both the employer and the employee.

Termination can be voluntary or involuntary.

Volunta...