“ When the defense of laches is clear on the face of the complaint, and where it is clear that the plaintiff can prove no set of facts to avoid the insuperable bar, a court may consider the defense on a motion to dismiss .” Solow v. Nine West Group, 2001 WL 736794, * 3 ( S. D. N. Y.

When either a plaintiff ( or prosecutor ) or defendant brings direct evidence or testimony which was not anticipated, the other side may be granted a specific opportunity to rebut it.

When drafting his complaint, a plaintiff may be able to avoid dismissal on ripeness grounds by requesting alternative relief in the form of a declaratory judgment, which in many states and jurisdictions allows a court to declare the rights of parties under the facts as proven without actually ordering that anything be done.

When the defendant is served but does not answer the legal pleadings the plaintiff may seek a default judgment by application to the court.

When a final judgment is entered, the plaintiff is usually barred under the doctrine of res judicata from trying to bring the same or similar claim again against that defendant, or from relitigating any of the issues, even under different legal claims or theories.

When a unanimous decision is not reached and the jury feels that one is not possible, they declare themselves a ' hung jury ', a mistrial is declared and the trial will have to be redone at the discretion of the plaintiff.

When a court of equity is presented with a good claim to equitable relief, and it is clear that the plaintiff also sustained monetary damages, the court of equity has jurisdiction to render legal relief, e. g., monetary damages.

When applied in defense by a defendant it may be called a ' shield ', and where applied by a plaintiff it may be called a ' sword '.

When St. Louis lawyer Sidney Redmond, one of the three dozen African Americans then admitted to the Missouri bar, informed Charles Hamilton Houston, who was leading the NAACP's legal effort against the segregationist Jim Crow laws, that Gaines was willing to be a plaintiff, Houston at first asked him if he could find someone else.

When a cause of action is abolished, a plaintiff who seeks to allege such a cause could be met with a successful demurrer.

When substantiating a civil fraud claim, the plaintiff is generally required to prove that the defendant falsely represented a material fact, that this representation was made with intent to deceive, that the plaintiff reasonably relied on the representation, and the representation resulted in damages to the plaintiff.

When there is an express contract for a stipulated amount and mode of compensation for services, the plaintiff cannot abandon the contract and resort to an action for a quantum meruit on an implied assumpsit.

When asked about the lawsuits that ended up coming from her family's involvement with Michael Jackson, June Chandler made the distinction that ( even though she was listed as a plaintiff and received settlement money ) it was not she who sued Jackson, but Jordan and his father Evan.

When, in early 1979, the decision was made in favor of the plaintiff, the publishers of Fantastica were without a usable name, and a pressing need to get the long-delayed issue to the printers.

When the moving party is the plaintiff, then it has to show that there's no way that a jury could find against it.

When U. S. states ( including the named plaintiff, California ) filed a lawsuit alleging antitrust violations, the defendant companies raised a number of defenses, asserting that the United States lacked jurisdiction over their acts, that various statutes exempted them from liability, and that principles of comity dictated that they should not be brought before a U. S. court.

When the plaintiff failed to make payments on the last furniture item, the furniture store attempted to repossess all of the furniture, not just the last one purchased.

When he was unable to bring about immediate expansion, he sought to convince another National League club to move here.

When they sought advice about this event, an oracle told them to take the head down and bury it, and to make annual sacrifice to Onesilos as a hero, saying that it would be better for them if they did this.

When Amyntas sought Spartan aid against the growing threat of Olynthus, the Spartans eagerly responded.

When a Roman embassy sought restitution for the damage, the Latins gave a contemptuous reply.

When the peace treaty was signed in February, 1828, Abbas Mirza sought to restore order in the province of Khorasan, which was nominally under Persian supremacy, and while engaged in the task died at Mashhad in 1833.

When the capital was burned in 1893, the sultan sought and received protectorate status from the French.

Egypt is identified in the Bible as the place of refuge that the Holy Family sought in its flight from Judea: " When he arose, he took the young Child and His mother by night and departed for Egypt, and was there until the death of Herod the Great, that it might be fulfilled which was spoken by the Lord through the prophet, saying, Out of Egypt I called My Son " ( Matthew 2: 12 – 23 ).

When Drumcondra began to rapidly expand in the 1870s, the residents of Glasnevin sought to protect their district and opposed being merged with the neighbouring suburb.

When Galileo was viewed as a private-sector development with public-sector financial participation, European Commission program managers sought Chinese participation in pursuit of Chinese cash in the short term and privileged access to China ’ s market for positioning and timing applications in the longer term.

When workers from the William Beardmore and Company Steel Works in Glasgow were dying from the large amounts of beer drunk to quench their thirst from the heat of the steel works, an alternative was sought.

When she left, she managed to acquire safe passage for all the refugees who had sought refuge in her home.

When advised of his nomination, Polk replied: " It has been well observed that the office of President of the United States should neither be sought nor declined.

When Ribbentrop recovered, he sought a chance for increasing the agency's influence by giving Croatia independence.

When colonial rule was established and efficiency was sought, partly because of settler pressure, newly educated younger men were associated with old chiefs in local Native Councils.

When Rodrigo became Pope Alexander VI he sought to be allied with powerful princely families and founding dynasties of Italy.

When describing life in Communist countries, western propaganda sought to depict an image of a brainwashed citizenry which was then held captive by their government.

When he returned to Munich, following Eisner's assassination by an anti-semitic nationalist, Count Arco-Valley, he informed Gasparri-using Schioppa's eye-witness testimony of the chaotic scene at the former royal palace as the trio of Max Levien, Eugen Levine, and Towia Axelrod sought power: " the scene was indescribable the confusion totally chaotic in the midst of all this, a gang of young women, of dubious appearance, Jews like the rest of them hanging around the boss of this female rabble was Levien's mistress, a young Russian woman, a Jew and a divorcée and it was to her that the nunciature was obliged to pay homage in order to proceed Levien is a young man, also Russian and a Jew.

When Dingiswayo was murdered by Zwide, a powerful chief of the Ndwandwe ( Nxumalo ) clan, Shaka sought to avenge his death.

When creating the main characters Carter, sought to switch the usual gender stereotypes and made Mulder a believer and Scully a skeptic.

When the U. S. entered the war in 1917, Roosevelt sought to raise a volunteer infantry division, but Wilson refused.

When Michigan sought statehood in the early 1830s, it sought to include the disputed territory within its boundaries ; Ohio's Congressional delegation was in turn able to halt Michigan's admission to the Union.

However he did work to reduce class anatagonism, for as Perry notes, " When confronted with specific problems, he sought to reduce tension between town and country, landlords and farmers, capital and labour, and warring religious sects in Britain and Ireland — in other words, to create a unifying synthesis.

When a member sought to reveal its ' secrets ', so ran the conclusion, they had done away with him, and because they controlled the officials, were capable of obstructing the investigation.

When possible, they may have sought to pray among the bodies of dead Christians, maybe using a coffin or tomb for an altar on which to celebrate the Eucharist.