In pleading. Distinctness ; clearness of statement; particularity. Such precision and explicitness iu the statement of alleged facts that the pleader’s averments and contention may be readily understood by the pleader on the other side, as well as by the court and jury. State v. llayward, 83 Mo. 309; State v. Burke, 151 Mo. 143, 52 S. W. 220; David v. David, 66 Ala. 148. This word is technically used in pleading in two different senses, signifying either distinctness, or particularity, as opposed to undue generality. Certainty is said to be of three sorts: (1) Certainty to a common intent is such as is attained by using words in their ordinary meaning, but is not exclusive of another meaning which might be made out by argument or inference. (2) Certainty to a certain intent in general is that which allows of no misunderstanding if a fair and reasonable construction is put upon the language employed, without bringing in facts which are possible, but not apparent. (3) Certainty to a certain intent in particular is the highest degree of technical accuracy and precision. Co. Litt. 303; 2 H. Bl. 530; Spencer v. Southwick, 9 Johns. (N. Y.) 317; State v. Parker, 34 Ark. 158, 3G Am. Rep. 5. In contracts. The quality of being specific, accurate, and distinct. A thing is certain when its essence, quality, and quantity are described, distinctly set forth, etc. Dig. 12, 1, 0. It is uncertain when the description is not that of an individual object, but designates only the kind. Civ. Code La. art. 3522, no. 8; 5 Coke. 121. CERTIFIC ANDO DE RECOGNITIONE STAPUL.7E. In English law. A writ commanding the mayor of the staple to certify to the lord chancellor a statute-staple taken before him where the party himself detains it, and refuses to bring in the same. There is a like writ to certify a statute-merchant, and in divers other cases. Reg. Orig. 148, 151, 152.
What is CERTAINTY?
Featuring Black’s Law Dictionary
Nothing implied or stated on this page should be construed to be legal, tax, or professional advice. The Law Dictionary is not a law firm and this page should not be interpreted as creating an attorney-client or legal adviser relationship. For questions regarding your specific situation, please consult a qualified attorney.
- What Is A Police Welfare Check?
- Best Way to Find Someone in Jail for Free
- How to Transfer a Car Title When The Owner Is Deceased
- How To Find A Name & Address Using A License Plate Number
- Best Way to Write a Professional Letter to a Judge
- What Can You Do At 18 Legally?
- How To Find An Inmate’s Release Date
- Why Do Policemen Touch Your Tail Light When They Pull You Over?
- Signing a Letter on Someone Else’s Behalf
- How Do You Look up License Plate Numbers?