irregularity


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Irregularity

A defect, failure, or mistake in a legal proceeding or lawsuit; a departure from a prescribed rule or regulation.

An irregularity is not an unlawful act, however, in certain instances, it is sufficiently serious to render a lawsuit invalid. For example, a number of states have statutes that require the appointment of a guardian to represent the interests of a child who is being sued. The failure to do so is an irregularity that can be used as a ground for invalidating and setting aside a judgment entered against the child.

In other cases, however, the flaw might be a simple Harmless Error that can be easily rectified, and, therefore, does not render the proceeding invalid.

irregularity

noun aberrance, aberrancy, aberration, abnormality, abnormity, anomaly, asymmetry, breach, changeableness, confusion, crookedness, desultoriness, disarrangement, discontinuity, disorder, distortion, divergence, eccentricity, exception, idiosyncrasy, illegality, imperfection, improperness, inconsistency, infringement, intermittence, jaggedness, lack of order, lack of propriety, lack of symmetry, lawlessness, lumpiness, malformation, malfunction, mutability, oddity, oddness, peculiarity, rarity, roughness, solecism, strangeness, turbulence, unconformity, unevenness, uniqueness, unnaturalness, unorthodoxy, unruliness, unsmoothness, unsteadiness, unusualness, variability, variableness, variation, want of method, wildness
See also: confusion, deviation, disorder, diversity, entanglement, exception, exclusion, inequality, informality, misapplication, miscue, misdoing, nonconformity, quirk

IRREGULARITY, practice. The doing or not doing that in the conduct of a suit at law, which, conformably with the practice of the court, ought or ought not to be done.
     2. A party entitled to complain of irregularity, should except to it previously to taking any step by him in the cause; Lofft. 323, 333; because the taking of any such step is a waiver of any irregularity. 1 Bos. k Phil. 342; 2 Smith's R. 391; 1 Taunt. R. 58; 2 Taunt. R. 243; 3 East, R. 547; 2 New R. 509; 2 Wils. R. 380.
     3. The court will, on motion, set aside proceedings for irregularity. On setting aside a judgment and execution for irregularity, they have power to impose terms on the defendant, and will restrain him from bringing an action of trespass, unless a strong case of damage appears. 1 Chit. R. 133, n.; and see Baldw. R. 246. Vide 3 Chit. Pr. 509; and Regular and Irregular Process.
     4. In the canon law, this term is used to signify any impediment which prevents a man from taking holy orders.

References in periodicals archive ?
When the prevalence of each of the menstrual irregularity was compared between the normal and obese girls, the significance was assessed after adjusting the P values using Bonferroni test.
Arbitrary and capricious essentially means that the agency had no rational basis upon which to make its decision to waive the irregularity or allow the winning bidder to correct the irregularity.
The second question we address is how rapidly investors adjust to earnings information for companies with accounting irregularity allegations.
Recommendation: The Secretary of Defense should direct the Under Secretary of Defense for Personnel and Readiness to include the appropriate disclosures concerning data limitations in the recruiter irregularity reports that OSD produces on the basis of the National Guard data for the Congress and others.
If you suspect a gait irregularity, visit a podiatrist who frequently treats runners.
Figure 3 shows the percentage of fixation times just before and after the irregularity for the random and the predictable condition.
This paper presents an upgraded mathematical formulation of vacuum kinematics and an elaboration on the concept of the vacuum state's temporal irregularity.
The maximum possible irregularity occurs when all eight blocks appear equally often.
This irregularity was unveiled in 2012-13 audit report in which audit officials raised questions and sought explanation from relevant authorities.
The number of cases of irregularity or fraud in the use of the EU budget rose for almost all budget sectors between 2009 and 2011.
The minimum for which the graph has a vertex irregular total -labeling is called the total vertex irregularity strength of G.
Therefore, in the absence of menstrual irregularity, running itself is not contraindicated for women who are osteopenic or osteoporotic.