英文法律词典 L-82

LISTERS. This word is used in some of the states to designate the persons appointed to make lists of taxables. See Verm. Rev. Stat. 538.

LITERAL CONTRACT, civil law. A contract, the whole of the evidence of which is reduced to writing. This contract is perfected by the writing, and binds the party who subscribed it, although he has received no consideration. Leg. Elem. §887.

LITERARY PROPERTY. This name has been given to the right which authors have in their works. This is secured to them by copyright. (q. v.) Vide 2 Bl. Com. 405-6; 4 Vin. Ab. 278; Bac. Ab. Prorogation, F 5; 2 Kent, Com. 306 to 315; 1 Supp. to Ves. jr. 360, 376; 2 Id. 469; Nicklin on Literary Property; Dane's Ab. Index, b. t.; 1 Chit. Pr. 98; 2 Amer. Jur. 248; 10 Amer. Jur. 62; 1 Law Intell. 66; Curt. on Copyr. 11; 1 Bell's Com. B. 1, part 2, c. 4, s. 2, p. 115; 1 Bouv. Inst. n. 508, et seq. Vide Copyright.

LITIGANT. One engaged in a suit; one fond of litigation.

LITIGATION. A contest authorized by law, in a court of justice, for the purpose of enforcing a right.

2. In order to prevent injustice, courts of equity will restrain a party from further litigation, by a writ of injunction; for example, after two verdicts on trials at bar, in favor of the plaintiff, a perpetual injunction was decreed. Str. 404. And not only between two individuals will a court of equity grant this relief, as in the above case of several ejectments, but also, when one general-legal right, as a right of fishery, is claimed against several, distinct persons, in which case there would be no end of bringing actions, since each action would only bind the particular right in question, between the plaintiff and defendant in such action, without deciding the general right claimed. 2 Atk. 484; 2 Ves. jr. 587. Vide Circuity of Actions.

LITIGI0SITY, Scottish law. The pendency of a suit; it is an implied prohibition of alienation to the disappointment of an action, or of diligence, the direct object of which is to obtain possession, or to acquire the property of a particular subject. The effect of it is analogous to that of inhibition. (q. v.) 2 Bell's Com. 152, 5th ed. Vide Lis Pendens.

LITIGIOUS. That which is the subject of a suit or action; that which is contested in a court of justice. In another sense, litigious signifies a disposition to sue; a fondness for litigation.

LTTIGIOUS RIGHTS, French law. Those which are or may be contested either in whole or in part, whether an action has been commenced, or when there is reason to apprehend one. Poth. Vente, n. 584; 9 Mart. R. 183; Troplong, De la Vente, n. 984 a 1003; Civ. Code of Lo. art. 2623; Id. 3522, n. 22. Vide Contentious jurisdiction.

LITIS CONTESTATIO, civil law. "Contestari." It is when each party to a suit (uterque reus) says "Teste estote." It was therefore, so called, because persons were called on by the parties to the suit "to bear witness," "to be witnesses." It is supposed that this contestatio was the usual termination of certain acts before the magistratus or in jure, of which the persons called to be witnesses were at some future time to bear record before the judex, in judicio. The Iis contestata, in the system of Justinian, consisted in the statements made by. the parties to a suit before the magistrate respecting the claim or demand, and the answer or defence to it. When this was done, the cause was ready for hearing. Savig. Traite de Droit Romain, tom. vi. § cclviii.; Smith, Dict. Gr. & Rom. Antiq. h. v. The contesting of the suit, or pleading the general issue. Vide 2 Bro. Civ. and Adm. Law, 358.