June 7, 2008

More Cool Obscure Law Phrases

Apparently in the Commonwealth of Virginia one of many civil procedure maneuvers available in a case like a contract action is to represipe a motion craving oyer. This is a ceremony where the nature of the obligation to which you are charged will be read out loud to you in the courtroom; there may be some sort of penalty if the plaintiff is unable to do this, like not being able to enforce the obligation because it cannot be stated. If so, it would be the equivalent of what in California is called a demurrer on the basis of uncertainty. Or maybe it's just a little ceremony they have do to in Virginia, an excuse for the judges to put fresh powder on their horsehair wigs and get out their silk robes.

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